The 30th week of pregnancy is long-awaited for many women because of the opportunity to go on vacation. According to general rules, a woman can go on maternity leave seventy days before giving birth. Women carrying twins are released from work two weeks earlier. But not every pregnant woman can easily finish her vacation. Many struggle with fatigue, swelling, varicose veins and other possible companions of this condition. Therefore, we have to look for ways to go on maternity leave before 30 weeks. Sick leave for pregnancy and childbirth is issued by a gynecologist at a antenatal clinic or private clinic who is observing a pregnant woman. You can try to negotiate with specialists and change the date last menstrual period, from which planned maternity leave is calculated. It’s easier to do this in a private clinic, but the deadline is unlikely to be delayed by more than two weeks.
It may not be possible to reach an agreement with a doctor, since clinics have fairly strict reporting rules. Then it’s worth trying other ways to free yourself from work. If work activity is associated with regular business trips or is carried out on a rotational basis, then the woman should be offered easier work. The employer is obliged to consider and satisfy the pregnant woman’s request to transfer to a more gentle labor activity. If there is no one in the organization, the woman will be sent home early. If there are no vacancies in the organization that exclude hazardous exposures to health, then the pregnant woman can also be completely released from work. At the same time, you will retain your full salary, and you will not have to wait tediously for maternity leave.
You can also take regular paid leave if there are unused days left. Labor legislation also allows a woman, at her request, to go on annual leave before or after maternity leave, even if she recently took up this job. Thus, you can combine vacations, adding maternity leave to the usual one. However, if a woman plans to bear two children in a row, then the unused leave of fifteen days should be left for the second time. In this case, you can take these days, get vacation pay and go on maternity leave again without going to work. If there are very few days left before maternity leave, but you want to stay at home, then good relations You don’t have to go to work with management. In any situation, a pregnant woman does not have the right to fire. For absence from work, the maximum possible punishment is only a reprimand.
You can complain to a gynecologist or therapist about feeling unwell and ask to issue a sick leave certificate. Even if no disease was detected, doctors, as a rule, do not refuse a woman, because if something happens, they will be to blame. If you have health problems, you should contact a specialized specialist. The doctor may refer you to a hospital or maternity hospital for treatment. You can also take sick leave to care for an older child under fourteen years of age. To do this, you need to contact your local pediatrician. Sick leave will not affect payments for maternity leave, since compensation for maternity leave is calculated based on the two previous years. Many people take advantage of this and alternate going to work with rest.
According to information that can be obtained quite easily by looking at the code of laws relating to the working population, you can see that legally there is no such thing as maternity leave. However, maternity and childcare leave are also provided. Maternity leave itself is divided into two parts - prenatal and postnatal. All these periods go one after another, without interruptions. Therefore, people usually call this vacation.
How long does it take to go on maternity leave?
Most often, gynecologists issue sick leave to a woman for maternity leave during pregnancy. During this period, the woman who is expecting a baby is already quite large, and the baby itself takes a lot of energy. Therefore, it becomes difficult to work fully. There comes a time when a woman can allow herself to rest, relax and prepare for the birth of a new family member.
What documents are needed to apply for maternity leave at work?
A pregnant woman at term needs to obtain a certificate of incapacity for work from the antenatal clinic, with the obligatory indication of the approximate date of birth and gestational age. You will also need to take a certificate stating that she was registered in connection with pregnancy, and a birth certificate.
Duration of maternity leave
The duration of prenatal leave is 70 days. A woman carrying two or more women at once is entitled to rest for 84 days. And for residents of unfavorable zones exposed to radiation pollution - 90 calendar days.
Postpartum leave also lasts 70 days. However, if the birth was difficult and caused complications, the duration of rest increases to 86 days. And the birth of twins or twins extends it to 110 calendar days.
Then the woman needs to apply for parental leave at her place of work. Such a vacation can last until the baby turns three. However, maternity benefits will be paid at work only until the child turns 1.5 years old. The woman retains her job for another year and a half.
note
All time spent by a woman on maternity leave is counted towards seniority. At the same time, according to the legislation of the Russian Federation, the employer does not have the right to reduce wages or fire a woman who is on maternity leave or in an “interesting position.”
This article will help you understand the legal issues related to maternity leave.
Like many other events, going on maternity leave at work is accompanied by the collection of certain certificates and documents. Not many people like this activity, but the rules are the rules. To avoid problems and misunderstandings with your superiors in the future, it is better to do everything as the law advises.
How to properly go on maternity leave at work, what documents need to be completed in the Russian Federation and Ukraine?
Legislation Russian Federation and Ukraine is structured in such a way that any female employee in this position has the right to go on maternity leave. This can be done starting from week 30 (provided that she is registered at the antenatal clinic).
Documents that a pregnant woman must provide to the HR department of her company in order to receive maternity benefits (for pregnancy and childbirth):
- sick leave (for pregnancy)
- certificate of income for the previous two years
- certificate of registration at the antenatal clinic (up to 12 weeks)
Immediately after the birth of a child, an application for parental leave is written. To complete it you will need the following documents:
- copy of the child's birth certificate
- statement
- identity documents
The registration principle is the same as for the payment of benefits for “pregnancy and childbirth”.
Payments to women going on maternity leave
Now let’s talk about what “maternity leave” is. This is a benefit that the employer is obliged to pay to each of its employees who goes on maternity leave due to childbirth. This is not a child care benefit, because the latter is calculated and paid separately.
Maternity benefits are usually calculated by the company's accountant, and they are:
- salary for 2 years /730 days = average earnings per day (FDD)
- PPA x number of maternity days, usually 140 = maximum payment amount
Important! If a woman works in a company for less than six months (6 months), the benefit will be equal to the minimum wage in this moment in the country.
“maternity benefits” will not be paid to you if you are not officially working This is interesting! In fact, it is not the employer, but the Social Security Fund that transfers maternity benefits to the employee’s account. The employer only transfers the necessary data to the Fund. It is worth saying that a woman herself can directly contact the Fund and receive payments.
Rights of an employee going on maternity leave in the Russian Federation and Ukraine
An employee going on maternity leave has certain rights that the employer has no right to violate. The employee has the right:
- receive a one-time payment of benefits under the BiR, as well as monthly child care payments
- keep your job
- get a vacation
- go on maternity leave again
All this becomes possible if the employee notifies the HR department about his maternity leave on time. We remind you that you need to register for pregnancy before 12 weeks, and you need to notify your superiors and the HR department about your upcoming maternity leave even earlier.
Is it possible to go on maternity leave from maternity leave, is it profitable, what payments will you receive?
Quite often it happens that a new mother, while on maternity leave, unexpectedly finds out that she will soon become a mother again. In this case, she is supposed to go on maternity leave again. But how to do this if she is already on maternity leave? What payments are due and are they due at all?
Yes, payments are due. In this case, you will have to write a new application addressed to the employer (immediate supervisor) to terminate one leave and provide another.
Regarding payments: a recalculation will be made with the replacement of two calculation years. At the moment, the legislation clearly states that a woman has the right to receive only one benefit: either for child care, or for pregnancy and childbirth with further registration of child care benefits. Here the pregnant employee has the right to choose one of two.
On a note! Some women, not wanting to part with money, arrange maternity leave for one of their closest (or distant) relatives, and themselves go on leave due to pregnancy and childbirth.
This method has its consequences, since it is not entirely honest. This procedure quite labor-intensive, so for many it is easier to refuse one of the payments.
Can an individual entrepreneur go on maternity leave?
Like an ordinary employee of an enterprise, a woman who is an individual entrepreneur also has the right to go on maternity leave. This can be done if she regularly made payments to the Social Insurance Fund for the entire previous year (calendar) before pregnancy. Simply put, regular payment of taxes and mandatory contributions makes it possible to take paid maternity leave.
Since the activities of individual entrepreneurs are suspended during maternity leave, all payments to the state are also temporarily canceled. No profit - no payments. Of course, this only applies during maternity leave.
Two types of maternity leave are available for individual entrepreneurs Since a woman who is an individual entrepreneur is both a founder and an employee, she can receive maternity benefits in two ways. Since two maternity leave benefits cannot be received at the same time, she will have to choose one of two options at her discretion.
To go on maternity leave, a female entrepreneur must, in the same way as an ordinary employee, write an application first for leave in connection with pregnancy and childbirth, then for child care, if necessary. This requires all the same documents as for a regular employee.
Is it possible to leave the stock exchange on maternity leave?
It is possible to leave the labor exchange on maternity leave. If you previously received unemployment benefits, then after taking maternity leave you will receive benefits, which will be calculated based on your earnings for two years at your previous place of work.
If you are a member of the labor exchange and are temporarily unemployed, then, according to current legislation, you are not entitled to sick leave payments. Although you may also receive unemployment benefits.
In any case, you need to contact the Authorities social protection population.
Is it possible and profitable to go on vacation before maternity leave?
Whether to go on vacation before going on maternity leave or not is a question that interests many women who are faced with a similar situation. Most often, the answer is positive - yes, it is beneficial to go on vacation before going on maternity leave or immediately after it! In this case, you must write a vacation application and receive your legal vacation pay. Then you will need to come back to the HR department of your company and write an application for maternity leave (referring to sick leave).
Sometimes it is beneficial to go on vacation immediately after the end of maternity leave. In this case, you will be recalculated your vacation pay.
Is it possible to go on maternity leave from a maternity place?
If it so happens that you got a job maternity place, and after some time you found out about your pregnancy, then this part of the article will interest you. Since you are officially employed, all payments due in this situation apply to you.
Reference! In the event that a pregnant employee who came to the “maternity place” had not previously been officially employed anywhere, then payments to her will be transferred based on the minimum wage in the country at the moment.
It is important to say that a fixed-term employment contract, that is, one with exact terms, is concluded with an employee who comes to the “maternity position.” As soon as its term expires, the employee must be fired. But this may not happen if the woman, who was replaced by a new employee, decided to extend her maternity leave. In this case, a new fixed-term employment contract is drawn up, or the old one is extended.
How long do you need to work to go on maternity leave?
You can go on maternity leave even from the first day of employment at the company. A completely different conversation is what the amount of maternity benefits will be. Let's look at a few of the most common cases:
- The woman worked for 2 or more years at the company and went on maternity leave. Then, as written above, the benefit will be calculated based on the calculation of the average salary for the 2 previous calendar years.
- The woman worked for 6 or more months at the enterprise and went on maternity leave (with the condition that she had never been employed anywhere before). Then the benefit will be calculated in the same way as in the previous case.
- The woman worked for less than 6 months at the enterprise and went on maternity leave (with the condition that she had never been employed anywhere before). The benefit will be calculated based on minimum sizes wages.
- The woman worked for 6 or more months at the enterprise and went on maternity leave (with the condition that she had previously been employed and worked for more than 1.5-2 years). The amount of maternity benefit will be paid based on the salary at the new enterprise, and the missing months will be taken from the previous place of work (you must bring an extract).
Is it possible to continue working after going on maternity leave?
Sometimes there are cases when pregnancy is so easy that there is no point in going on maternity leave and you can safely continue to work. Or a difficult financial situation forces you to come to work, even while pregnant.
In such and similar cases, a woman, according to the legislation of the Russian Federation, has the right to one of two payments: either maternity benefits or her wages. In any case, she remains entitled to maternity leave under the BiR, but in a shortened version before childbirth and in full (70 days) after childbirth, if there were no complications.
Downsizing at work: should I go on maternity leave?
If a series of layoffs has begun at work, pregnant women should not worry about it. According to the law, an employer does not have the right to leave a woman unemployed who is currently on maternity leave or is just about to go there. Also, a woman has the right, despite layoffs, to ask for an extension of maternity leave under the BiR and to be granted leave to care for a child (until the baby is 1.5 or 3 years old).
In this case, the future mother retains her job, and the employer enters into a fixed-term contract with the new employee for a certain period.
Reduction at work: can an employer force you to go on maternity leave?
It is a woman’s personal right whether to go on maternity leave or not. Our legislation allows a woman to work right before giving birth, if this is the personal desire of the pregnant woman. The boss does not have the right to forcefully put a woman on maternity leave, just as he does not have the right to fire her while she is on maternity leave.
At the same time, if a woman provided a pregnancy certificate to the HR department, she may ask to have her working hours reduced. At the same time, pregnant women have the right to easier working conditions; they may not go to work on weekends and not work night shifts if the job requires it.
Deadlines for paying salaries to an employee going on maternity leave
The deadline for paying regular wages to an employee going on maternity leave is no different from the deadline for paying wages to other employees. At that time, salary payments stop as soon as a woman goes on maternity leave. At the same time, she is accrued a B&R allowance, which must be transferred to a card/bank account or given in person within three days after writing the application for leave under B&R at a time.
As for parental leave, things are a little different. Payments must occur at the same time each month. Moreover, the amount of these payments does not exceed 40% of the employee’s official earnings in the period before pregnancy.
Video: How to apply for maternity leave: when to go on maternity leave, payments, period
Almost every woman goes through a condition such as pregnancy. Some women get to work without any problems, spend the required hours there and easily go home. Others feel extremely tired during pregnancy; past health problems worsen, swelling, tone and pressure appear. There are often situations when a woman needs drug treatment or even being in a hospital. Pregnancy is a huge stress on the body that you have to cope with.
A normal pregnancy lasts approximately 280 days or 40 weeks. According to Article 255 of the Labor Code of the Russian Federation, women, upon their application, are granted maternity leave for a duration of 70 calendar days before childbirth and 70 calendar days after childbirth (in the case of a singleton pregnancy). Those. a woman goes on maternity leave at the 30th week of pregnancy.
There are several ways to go on maternity leave ahead of schedule.
If you have health problems, make an appointment with your local physician and complain about feeling unwell. The doctor will issue a sick leave certificate allowing you to legally not go to work. If there is a specific disease, then you can contact a highly specialized specialist: a cardiologist, neurologist, etc.
If your pregnancy is difficult, there is a threat of miscarriage or other problems, contact the gynecologist who is monitoring your pregnancy. He will be able to refer you to hospital for treatment or monitoring the condition of the fetus. Upon completion of treatment in a hospital, a sick leave certificate is also issued.
Write a vacation application. In accordance with Article 260 of the Labor Code of the Russian Federation, before maternity leave, at the request of a woman, she is granted annual paid leave, regardless of her length of service with a given employer. Those. you are given the opportunity to take another month off until the 30th week of pregnancy.
If you have older children under 14 years of age, then in the event of a child’s illness, the local pediatrician will be able to issue you sick leave to care for the child at any time, regardless of the stage of pregnancy.
In any case, a woman, independently or with the help of her attending physician, will be able to decide on an earlier maternity leave. After all, the priority here is always the woman’s peace of mind and a healthy, full-term baby.
If you wish, you don’t have to report this wonderful event at first. An exception would be if your work is hard, harmful and night-time. Here you will have to take a certificate confirming the presence of pregnancy, on the basis of which you should be given another job that suits your condition. Your employer has no right to force you to work at night.
After some time (to be precise, at 30 weeks), on the day prescribed by your doctor, you need to go to the antenatal clinic, where you will be given a certificate of incapacity for work for 140 days (70 before childbirth and 70 after), indicating the beginning of maternity leave. As well as other important documents: certificate of registration with early dates pregnancy, birth certificate.
After this, on any day (maximum you can keep the sick leave in your hands for 6 months after the date of restoration of your ability to work), you can bring an application and a certificate of incapacity to work to the HR department (accounting) for payment.
So you have received maternity leave - you can enjoy the remaining months of your pregnancy and prepare to meet your baby.
Message 7108601. Reply to message 7106774
Olga Vin Status: User Time: 14:46 Date of: 09 Sep 2004
In the residential complex they whine that they are loading you with exorbitant work (they won’t check) and that it is unbearable, that you have a wild tone because of these stairs, carrying heavy things (no matter what), and in general - they have started a major renovation in the office. The housing complex will give you sick leave so as not to spoil your statistics. At work, say that you are eager to fight like a lion - just let me work, you are ready to redo all the things - BUT, damn it, - these doctors from the residential complex are against something, they suspect something terrible (perhaps childbirth right at the workplace). The director will, at a minimum, free you from work, and at a maximum, let you go home and give you money to boot. Just so they don't give birth HERE.
Good luck! He who doesn't work eats!
Message 7113438. Reply to message 7106774
Jayna Status: User Time: 21:32 Date of: 09 Sep 2004
Either take a vacation, or tell the housing complex that it is very difficult for you, as has already been advised. Just keep in mind that the pleasure is unlikely to last more than 30 calendar days - since everything that is more than 30 calendar days is signed by a commission of three people, and we don’t like this business.
Message 7113414. Reply to message 7106965
Jayna Status: User Time: 21:30 Date of: 09 Sep 2004
Because the average will be calculated for the time actually worked. If you are in a commercial organization, it doesn’t matter, but if you are in the budget, then you will lose, since the accounting department will only calculate the rate. In general, this only applies to state employees, like me, for whom all sorts of combinations and replacements are paid separately - for example, for me, it’s not profitable to take sick leave after a vacation, since it turns out that I didn’t work for a good reason, and therefore they will accrue based on the rate . If at a rate, then 5700, if the whole thing, with duty, then 12,000. The difference is big.
But if you work for a salary, then it doesn’t matter.
Message 7107080.
elen_k Status: User Time: 12:40 Date of: 09 Sep 2004
You have every right to add unused annual leave (28 calendar days), if any (unused) is available to maternity leave. That is, the sick leave was discharged from week 30, and before that you were on regular leave from week 26. No one dares to refuse a pregnant woman this according to the Labor Code of the Russian Federation.
Message 7107605.
ivlik Status: User Time: 13:18 Date of: 09 Sep 2004
It’s more profitable to take a vacation after maternity leave :) Because maternity leave is like sick leave and you are entitled to additional vacation days for it :)
And as for going on maternity leave earlier, the housing complex started asking me at 27 weeks whether I was tired at work and whether it was time to put me on maternity leave. But on the contrary, I wanted to work as long as possible and procrastinated as much as possible :)
Message 7124301.
Anya Kudryavtseva Status: User Time: 14:07 Date of: 10 Sep 2004
pity the doctor in the housing complex so that he indicates a longer period
Message 7124801.
Mikey's Mom Status: Newbie Time: 14:28 Date of: 10 Sep 2004
but what's the rush? I've been so bored at home for the last month. I went on maternity leave a month before giving birth and almost went crazy. you sit at work and think, I wish I had so much to do on vacation, etc. but you go on maternity leave and you understand - melancholy has come, all things have somehow quickly changed, and what to do. I'm hooked on TV series. so think about it. I have an orgome belly every day in traffic jams 1.5 hours there, 2 back, but it’s better than sitting at home
Message 7126490. Reply to message 7124801
Irusik&Dasha Status: Advanced user Time: 15:44 Date of: 10 Sep 2004
Read also: Is it possible to fire a pregnant woman for absenteeism?
I so agree! I went on maternity leave at 31 weeks, and for the remaining 2 months at home I simply went crazy with boredom, and most importantly, I felt great and could work until the birth.
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When do working pregnant women go on maternity leave?
Among working women who are soon planning to become mothers, the question of when to go on maternity leave is actively discussed.
Expectant mothers are concerned about the timing of maternity leave, financial issues, in particular, what payments they will receive, their size and who pays whom.
In this article we will focus on the following issues:
- How many months do women go on maternity leave?
- How can you go on maternity leave before or after the stated date?
- How do you register for maternity leave?
When do working women go on maternity leave?
If we consider the concept of maternity leave in Russia in a broad sense, then it means the time the expectant mother is in the last months of pregnancy and the period of caring for an infant and young child. preschool age. If we interpret maternity leave narrowly, then maternity leave represents the absence of a working woman from her workplace due to the expectation and birth of a baby. Most often it happens that when maternity leaves, the clearly organized work process undergoes some changes.
Employers do not “like” maternity leave too much, since due to it the employee is not at work, and sometimes this causes downtime in a certain area of work responsibilities. Team members are afraid of an expectant mother's maternity leave, since there is a high probability that the responsibilities of an employee going on maternity leave will be assigned to them. Or a stranger will be accepted into an established, well-coordinated team for the period of maternity leave.
In order to reduce possible inconvenience to a minimum, it is necessary to clearly define how many weeks of maternity leave begin in order to notify the director of the enterprise in advance.
For what period (how many weeks) do they go on maternity leave?
For those women who are working, maternity leave begins with maternity leave. At the legislative level, a number of average periods have been established, after which a pregnant woman ends her working career and goes on well-deserved leave, awaiting the birth of her long-awaited child.
Let's figure out when people go on maternity leave and consider the most pressing issues for women planning to become mothers.
- What weeks (months) do you most often go on maternity leave? If a woman’s life lacks certain features (in most cases, they are related to the unfavorable environmental conditions of the place of work or residence) or problems associated with bearing a baby, then the woman goes on maternity leave at 30 weeks. This is approximately seven months of pregnancy. The leave is 140 days, of which 70 days are for the prenatal period, and another 70 for the period after the birth of the baby.
- How long will maternity leave be extended if the birth was difficult? In this case, another 16 days are added to the 140 days of maternity leave so that the woman can recover and gain strength.
- From what week do they go on maternity leave if a woman is expecting two or three babies, that is, more than one child? In such situations future mom has the right to go on maternity leave 2 weeks earlier than the established period, that is, at 28 weeks. A woman can be on vacation for 194 days. Of these, 84 days are allocated for the period before the birth of the baby, and 110 days are the period allocated for the postpartum period. There are situations when already during the birth process it turns out that there are several children. Then the woman will be given legally an additional 54 days of vacation, which will be added to the 140 days of standard maternity leave.
- If a working pregnant woman is concerned about the question of how many weeks they go on maternity leave due to the presence of life-threatening living conditions for the mother and baby, then in this article we will give a detailed answer on this issue. If a woman belongs to the category of citizens who work or live in areas contaminated due to accidents associated with the release of radiation into the environment, then she has the legal right to go on maternity leave at 27 weeks.
Such areas include:- Production association "Mayak" and its surrounding areas.
- Chernobyl nuclear power plant area.
- The area of the Techa River into which radiation waste was dumped. Three additional weeks are added to the standard maternity leave due to the fact that for this category of pregnant women, the law established a 3-month period of maternity leave until the baby is born. So, women in this category, in addition to the legally established 70 days of leave after the birth of a child, receive an additional 90 days before childbirth, which in total amounts to 160 days of maternity leave.
- When does a woman go on maternity leave if she gives birth earlier than planned? If an accident happens to a woman and she gives birth before the time when they go on maternity leave in most cases, in particular from 22 to 30 weeks of pregnancy, then from the moment the baby is born, maternity leave is issued for a period of 156 days.
Registration of maternity leave
Maternity leave, that is, maternity leave, is issued with a certificate of incapacity for work - sick leave. This provision is recorded in the following legal documents:
- Section 8 of the Procedure for issuing certificates of incapacity for work, which was approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011
- If we refer to Article 225 Labor Code Russia dated December 30, 2001 No. 197-FZ. then here there is also information on how maternity leave is processed
The sick leave certificate will be issued by the gynecologist who observed the pregnant woman throughout her entire period, that is, by the doctor with whom the expectant mother is registered. If such a specialist was not available, a certificate of incapacity for work will be issued by a family doctor. In the absence of a family doctor (doctor with general practice), the function of issuing sick leave for pregnancy and childbirth will be assigned to a paramedic.
This document will be issued once and only once for the entire period of maternity leave. This means that after the birth of the baby, a woman will no longer need to issue additional certificates of incapacity for work.
The expectant mother should know that only the doctor decides at what week of pregnancy she will be allowed to go on maternity leave. You should discuss in advance with your doctor what period he will use when applying for sick leave. In most cases, the gynecologist in the antenatal clinic uses the obstetric term. There is also a gestational period - it is used by ultrasound doctors.
Let us draw your attention to the fact that the gestational period is 14 days less than the obstetric period, so if a woman feels unwell and wants to go on vacation as soon as possible, then it is not profitable for her to register given period. On the contrary, if the expectant mother is in excellent physical condition, full of energy and wants to work longer, then it is more profitable for her to register the gestational period instead of the obstetric one.
Please note an interesting point that the doctor independently determines:
- What time do they go on maternity leave?
- Gestational age in weeks
It is calculated from the day the expectant mother registered. Let's look at this with a clear example: if the patient registered with the antenatal clinic on Wednesday, then maternity leave will begin on Wednesday. If a pregnant woman knows this nuance, then she can predict how many weeks maternity leave will begin and plan this situation in her own interests.
In accordance with Article 255 of the Labor Code, a woman who has issued and received a sick leave certificate is obliged to present it to work, after which she writes an application for maternity leave and goes on maternity leave legally.
Read also: What determines the amount of wages?
Is it possible to go on maternity leave earlier?
If a woman has special circumstances in her life, she may express a desire to go on maternity leave ahead of schedule. This may be related:
- With the state of her health
- The work atmosphere in which she finds herself
- Living conditions
- Other circumstances forcing her to interrupt her work activity before 30 weeks of pregnancy
If we refer to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n. then there is a specific period indicated, how many weeks they go on maternity leave. In other words, there are clearly defined periods when a woman receives sick leave for pregnancy and childbirth from the gynecologist who observed her for the required period. There are no exceptions to the rule prescribed by law. But a pregnant woman must understand that she can go on vacation earlier than expected.
Let's start with the fact that this is possible, according to labor legislation. In particular, Article 260 of the Labor Code guarantees a woman that she has the right to leave once a year, regardless of the schedule. The employer is obliged to provide the working woman with the required leave in the following situations:
- Before an employee goes on maternity leave
- Immediately after maternity leave ends
- After maternity leave
It should be understood that the guarantee at the legislative level is in no way related to how long a woman works for a particular employer. To receive the required leave, you must work for six months, and if this period has not yet passed, this will not become an obstacle to obtaining leave before going on maternity leave.
There are situations when a woman has already had time to take her vacation, but there is still a decent amount of time left before going on maternity leave, and it is already difficult to work. The question arises, what to do in this case? We recommend that you contact the gynecologist who is monitoring you and tell her about the difficulties.
You need to understand that the course of pregnancy largely intersects with the state of mind of the expectant mother. And sometimes her well-being directly depends on her peace of mind and moral comfort.
In order for the baby to be born healthy, it is necessary to eat well, avoid stressful situations and be in an environment that is safe from an environmental point of view. If any of the listed factors are not met, or the health of the mother and baby is threatened, the pregnant woman has the right to undergo treatment in a hospital. In other words, she may be issued a sick leave certificate for this time, and legally. And in this case, it will not be so important for the mother what week they go on maternity leave.
Is it possible to go on maternity leave later?
Pregnant women pursue various goals when calculating which week they go on maternity leave. Many women, especially those who are not feeling well, tend to go on maternity leave early. But there are absolutely healthy and full of energy expectant mothers who are eager to earn more money and complete all their work before the birth of the baby - so they need to go on maternity leave later than the deadline. Let's figure out how likely such a development of events is?
If we turn to paragraph 3 of clause 46 of Order No. 624-n of the Ministry of Health and Social Development of Russia dated June 29, 2011, then there is a special clause that in the event of a voluntary refusal by the expectant mother of the sick leave certificate provided to her for pregnancy and childbirth, this refusal must be recorded in medical documents.
If the moment comes that a pregnant woman changes her mind and wants to get sick leave for pregnancy and childbirth, then she will need to visit the doctor again, but only before the child is born (in the law this moment is designated as “before childbirth”).
A sick leave certificate can be obtained from the date from which it must be issued by law, so it will be issued retroactively (28, 27 or 30 weeks of pregnancy), and strictly for the time period assigned to a pregnant woman by law (194, 160, 140 ).
The phrase “before childbirth” is specifically spelled out in the text of the order for a clear interpretation of the legislative norm.
So, let's summarize this article:
- A pregnant woman has the right to receive sick leave for pregnancy and childbirth only until the birth of the child. After the baby is born, it will no longer be possible to obtain sick leave for pregnancy and childbirth. If a pregnant woman works until the birth without receiving sick leave, then from the moment the baby is born, she will be involved in registering maternity leave. In such a scenario, she will not be entitled to receive maternity benefits. and after the birth of the child will immediately receive child care benefits. This option is suitable for a situation where a pregnant woman feels great and has a high salary. Often in such situations, the payment for sick leave is significantly less than the amount of earnings that a woman will receive while working for about two months before giving birth.
- In the case when a woman receives a sick leave later than the date of maternity leave established by law, it will still be issued on the exact day on which the 27th, 28th or 30th week of pregnancy fell. In other words, it will be issued retroactively.
- It should be understood that it is impossible to be on vacation and work at the same time, that is, it will not be possible to receive both benefits and wages at the same time. And if a woman received sick leave for pregnancy and childbirth and took it to work, then her salary will not be paid, but a maternity benefit will be issued. In such situations, the maximum that can be done is to try to come to an agreement with the employer so that for the period worked beyond the norm, the salary will be issued as a bonus (as an option).
There are situations when the conversation is about a discrepancy of several days (for example, up to 14 days), then the gynecologist observing the pregnant woman can meet halfway and make a settlement in favor of the latter.
How to go on maternity leave before 30 weeks (maybe it will be useful to someone))
How to apply for sick leave for pregnancy and childbirth
Sooner or later, it’s time for a pregnant working woman to go on sick leave. Like any document, it needs to be completed on time and correctly, so that unpleasant surprises do not happen at the most inopportune moment.
1 Sick leave, popularly still called “maternity leave,” is issued at 30 weeks of pregnancy. Its duration is 140 days (70 days before and 70 after childbirth). If you are expecting two or three babies, then sick leave will begin at 28 weeks and will be 194 days. If you gave birth before 30 weeks, then you will be issued a sick leave certificate in the maternity hospital for a period of 156 days. In case of complications during childbirth, upon discharge you will receive an additional sick leave for 16 days.
2 A sick leave certificate is issued by your obstetrician-gynecologist from the antenatal clinic. If for some reason this is not possible, you can ask your local physician for this document. This document can be issued either by a gynecologist from a regular public antenatal clinic or by a doctor from a private clinic. In some cases, sick leave for pregnancy and childbirth can be obtained from doctors with secondary specialized education, but ambulance workers or doctors in medical offices at hotels and other institutions cannot issue such a document.
3 If you have any illnesses that require visiting day hospital or an appointment to a hospital, you will receive a sick leave certificate earlier. However, if you are sick at home, you will not receive maternity benefits, but ordinary sick leave with appropriate pay.
