Registration of maternity leave
The state legislative system is an important authority in the Russian Federation, recognized to support the implementation of laws among the population.
Its functioning is not always clear, partly due to the legislative scheme, which is unclear to a person far from jurisprudence. Not every ordinary person will be able to figure it out; usually this is not necessary. By the way, we recommend that you read about whether you can be fired during maternity leave. It is important to understand the laws of the Russian Federation when it comes to significant life situations, for example, maternity leave. If you are planning to expand your family, have a child, pregnancy interferes with your ability to do your job effectively, or you have health problems due to pregnancy, then it’s time to think about interrupting your work activity.
By law, maternity leave begins from the thirtieth week. At the clinic, a woman receives a certificate of incapacity for work during pregnancy and childbirth, and on its basis, the relevant documents are drawn up in the personnel department. Not everyone agrees with these rules of leaving the workplace on the date specified in the sick leave certificate.
To avoid this, an application to defer maternity leave for a certain period of time is drawn up, sometimes until the very moment of birth, and is agreed upon with the attending physician and the direct employer. In this case, maternity leave is issued from the moment the employee ceases her duties at the workplace.
The period of forced rest for a woman begins at the moment she immediately leaves work; the sooner she goes on maternity leave, the sooner it will end.
List of documents for receiving maternity benefits
It should be noted right away that maternity payments are assigned and paid in stages.
First stage. The woman is paid maternity benefits.
The second stage begins on the day following the end of leave under the BiR and is called parental leave. This part of maternity leave is also provided on request. Let's look at what this means below.
As follows from the norms of Art. 255 of the Labor Code of the Russian Federation, a woman, upon her application and on the basis of a certificate of incapacity for work issued by a medical institution, is granted maternity leave of at least 140 days in the standard case. It is paid from the Social Insurance Fund in the amount established by law.
It is worth noting: although maternity leave is issued on the basis of a certificate of incapacity for work and is essentially equivalent to sick leave, the rule of payment for the first three days at the expense of the employer does not apply in this case. Payment of benefits for BiR from the 1st day occurs only at the expense of the Social Insurance Fund.
What documents are needed to obtain maternity leave are regulated by Art. 12 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”:
- A free-form statement of desire to receive benefits under the BiR. At the same time, a request is made to receive benefits for early registration.
- Bulletin and certificate of early registration.
- Salary certificate if the woman worked in several organizations for the last two years before going on maternity leave.
This list of documents is mandatory for working women. For non-workers, paragraph 3 should be excluded.
Working woman
Submits a package of documents to the employer. Whether the expectant mother completes all the certificates in a timely manner will determine whether she will receive them all. What should be done.
Step 1. Register as early as possible.
Step 2. At 30 weeks, get sick leave from your obstetrician according to BiR. If the doctor predicts a singleton pregnancy without complications, sick leave is issued for 140 days. If the pregnancy is multiple, the duration of sick leave increases to 194 days. If a pregnant woman lives in an area of environmental disaster, sick leave according to the BiR is issued for 160 days.
Please note: if a working expectant mother decides not to go on labor and labor leave and works until the day of birth, she will only be paid for the postpartum part of her maternity leave. In the standard case this is 70 days.
Step 3. If during the two years before the year of maternity leave a woman worked in several organizations, a certificate from these places of work about the average salary for the time worked will be required. A pregnant woman has the right to apply for B&R benefits in two places at once.
Step 4. Having the above documents in hand, the expectant mother writes a statement to the employer about her desire to go on maternity leave. The first and last days of leave under the B&R are determined by the dates indicated on the sick leave.
Step 5. Read the order issued by the employer (against signature). Within 10 days from the date of submission of the application, the employer makes a calculation of payments. On the day the salary is issued at the enterprise, the pregnant woman must receive the entire amount due. Read more about how long maternity benefits are paid in the article https://otdelkadrov.online/7937-poryadok-oplaty-dekretnogo-bolnichnogo-lista-v-year-godu-spisok-neobhodimyh-dokumentov.
Watch the video to see what statements should be written to an employee who is about to go on maternity leave.
Unemployed, dismissed due to liquidation of the organization
Contact the social security department at your place of residence. The expectant mother has the right to receive benefits under the BiR in the minimum amount calculated according to the minimum wage established in the region. Child care benefits and a one-time benefit for the birth of a child are also due upon the dismissal of a maternity leave during the liquidation of an enterprise. The amount of care allowance also depends on the minimum wage in the region. What documents are needed to go on maternity leave for a non-working person are indicated above; You also need a copy of your work record.
Full-time student
Receives payments at the place of study. If the educational institution is state-owned and a woman studies at a budgetary faculty, the amount of benefits depends on the size of the scholarship, but cannot be less than the minimum established by the legislator.
Never worked anywhere before, voluntarily dismissed, etc.
B&R benefits are not provided. But such a mother is entitled to a one-time benefit at the birth of a baby and paid care leave for up to one and a half years. You need to come to the social security department with a passport, birth certificate, and work book. After writing an application, the young mother will receive payments. Money is transferred to a bank card, by postal transfer at your place of residence, or to a bank account.
So. We looked at what documents the expectant mother needs to prepare before the baby is born to receive maternity leave in 2020.
The second part of maternity leave and, accordingly, payments will be related to parental leave.
Required Documentation
The basis for starting the registration of a maternity leave is a medical certificate from the attending physician; with the advent of this act, a legal opportunity is provided for obtaining an exemption from work and calculating payments to a woman for temporary disability. It is possible to extend the working period at the request of the employee.
According to the law of the Russian Federation, a sick leave certificate is the only document required for registration of forced “vacations”. Actual financial payments to a woman during maternity leave are made through the Social Insurance Fund. Many people mistakenly assume that in order to apply for a maternity leave, it is necessary to contact the Social Insurance Fund.
This information is far from reality. All issues of registration of leave, calculations of material subsidies intended for the care of a newborn baby depend on the employer, and only then are transferred to the Fund. A woman has the right to interrupt her maternity leave after childbirth and return to her immediate workplace.
In this case, forced leave is legally received by the child’s grandmother or father, at the discretion of the mother. Required certificates and documents to be submitted to the Social Insurance Fund:
- a photocopy of the baby's birth certificate;
- application issued in the name of the employer.
Deadlines for submitting documents
The law provides for the following time restrictions when submitting documents for accrual of maternity benefits.
Maternity benefits, early registration benefits. Paid after providing sick leave and a certificate from the antenatal clinic. The deadline for submitting documents is 6 months from the end date of the B&R leave indicated on the sick leave.
Care allowance for up to one and a half years. You must submit documents to receive this benefit no later than 6 months from the date your child turns one and a half years old.
Compensation paid one-time at the birth of a child. Each region has its own benefit amount, depending on the regional coefficient, the base value is 16,350 rubles. Documents to receive it must be submitted no later than 6 months from the date of birth of the child.
To go on maternity leave, you need not only to know what documents are needed, but also not to forget about the deadlines for submitting them. Here you will find additional recommendations on how to properly go on maternity leave.
Increased maternity leave
In real life, there are a number of situations that require increasing the duration of forced “vacations” to care for a child. The reasons are strictly individual and different. Reasons related to the health of the mother and newborn baby are considered valid and supported at the legislative level.
Additional documents are not required to obtain a maternity leave extension. Conditions for granting an additional vacation period:
- Unsatisfactory health of the woman in labor is at the discretion of the doctor.
- Maintaining the mother's pregnancy - for the duration of treatment (outpatient or inpatient for no more than three months).
- A woman's multiple pregnancy is no more than twenty-eight weeks.
- Accommodation in places of pollution, resettlement (chemical, radioactive, etc.) - from seventy to ninety days.
- Complications during childbirth – up to sixteen days.
- Birth of two or more children - up to fifty-four days.
Registration procedure
Women who give birth to a child are entitled to the following payments:
- benefit from 0 to 1.5 years;
- payments from 1.5 to 3 years;
- benefits after childbirth (one-time);
- payment for early consultation (up to 12 weeks).
These amounts are paid to working women at their place of work, and to others through the social insurance office.
IMPORTANT! Paid maternity leave is available only to officially employed women. Unemployed people for whom contributions to the Social Insurance Fund are not deducted are not provided with maternity benefits.
Taking maternity leave requires following the following registration procedure:
- At 30 weeks, a woman receives sick leave for pregnancy and childbirth. If multiple births, a bulletin is issued at 28 weeks.
- The sheet is sent to the accounting department or human resources department of the enterprise. An application is drawn up requesting exemption from work for pregnancy and childbirth.
- An order is issued according to which a woman has the right to be on maternity leave.
- After the birth of a child, the employee contacts the organization and writes an application for the accrual of benefits for her to support the baby until he reaches one and a half years old.
Compliance with accuracy and timeliness when submitting documentation allows you to receive the required rest time and benefits without difficulties and controversial issues.
Professional legal assistance
If, after receiving the information, the question still arises about what documents are needed to register a maternity leave period, and how to do it correctly, then it is better for you to seek advice from a professional lawyer. On the website 33urista.ru you will always receive high-quality consultations on a paid or free basis, at any convenient time.
Professional lawyers will help solve your problems, both with competent advice and direct, direct participation in the process, if necessary. Modern legislation of the Russian Federation has a lot of nuances and subtleties; it is problematic for the common person to understand all the legal details and details.
Don’t complicate your life, contact us in any way convenient for you and get advice on all your questions and difficulties. And your maternity leave will become easier, allowing you to prepare as effectively as possible for the birth of your baby and for further care for him. Don't create unnecessary problems for yourself! By the way, pregnant women are paid benefits. We even have an article on this topic, we recommend reading it.
Features of the concept
There is no such concept as “maternity leave” in the legislation. Conventionally, this period is divided into 2 stages:
- Holiday according to BiR. It is issued as a sick leave, which has a certain duration.
- Baby care. All women receive it. In this case, the work experience is not interrupted. Its duration reaches the period until the heir turns 3 years old.
Many people have a question: who can count on receiving this type of vacation? You can pay attention to the following categories of women:
- Serving in the army.
- Do not have a permanent job.
- Students in a higher or special educational institution.
- Women who are registered with BT.
- Working.
After the baby turns one and a half years old, the mother has the opportunity to extend her vacation if she wishes. The reason for this may be the development of any complications associated with the course of labor or its field. At the same time, she receives an additional second certificate of incapacity for work.
If a woman has a desire, she can extend maternity leave until the baby turns 3 years old. In addition, in this case, there is the possibility of a reduced work schedule or performing one’s duties according to an individually drawn up schedule.
The right of a pregnant woman to take maternity leave is reflected in the Labor Code of Russia.
Who is eligible to receive
For a woman to be eligible to receive benefits, she must:
- work and be subject to compulsory social insurance,
- be dismissed and declared unemployed within 12 months from the date of bankruptcy or liquidation of the institution, company, enterprise,
- study full-time at an educational institution of primary, secondary or higher level,
- perform military service under a contract,
- be an employee of the internal affairs body,
- be in an employment relationship with a military unit of the Russian Federation, which is stationed on foreign territory, while the right to receive maternity benefits does not contradict the terms of the concluded international treaty,
- have the status of an individual entrepreneur, which ensures participation in voluntary social insurance and payment of insurance contributions to the social insurance fund for at least 6 months.
Attention! Maternity benefits from the state are also due to a woman who has adopted a child under 3 months of age, if she meets at least one of the above conditions.
Where to contact
For women who are not officially employed, to apply for maternity leave, they should contact the social security authorities at their place of residence. In addition to the application, you must obtain a certificate from the employment center, which confirms your unemployed status.
The amount of the benefit directly depends on the salary that was paid to the woman on maternity leave at her last place of work. At the same time, the maximum amount of state assistance reaches 5,000 rubles per month.
Full-time students of technical schools, vocational schools, and universities must contact the educational department of the educational institution to obtain benefits.
The usual period for which sick leave for pregnancy and childbirth is issued for female students is 140 – 194 days. However, the educational institution will only pay benefits. The rest can be obtained from the social security authorities.
Who pays for maternity leave?
Payments
Maternity payments
When going on maternity leave for a baby, a pregnant woman has the right to count on receiving 4 types of maternity payments:
- Handbook on BiR. The basis for this type of calculation is the presence of a special document. It indicates exactly the period during which the woman was absent from the workplace. The amount of this payment as of 2021 ranges from 9,489 to 265,827.63 rubles.
- Additional help. It can be paid only if the pregnant woman timely contacts a medical institution to keep a pregnancy record. The amount of payment for this type is fixed - 613.33 rubles.
- At the birth of a baby. The size is also unchanged and is 350.33 rubles.
- According to UZR. This type of benefit is paid every month until the child turns one and a half years old. Its amount is calculated individually and is 40% of the woman’s average monthly salary that she received over the last 24 months. On average, the amount ranges from 3065.69 – 23120.66 rubles.
You can calculate all required payments yourself by using a special online calculator.
Vacation dates and maternity payments
If there is a special uniform form of a citizen who was exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant (in other words, a Chernobyl certificate), the expectant mother can go on maternity leave 21 days earlier.
In case of difficult childbirth, including premature birth, every woman has the legal right to an increase in leave for a period of 14 days. To do this, maternity hospital workers make an extract from the birth history and the patient’s exchange card. This document must have the seal and signature of the head physician of the medical institution.
If a woman in labor has not been observed by a gynecologist during the entire pregnancy, then she is entitled to leave, which will begin from the day of birth and. Its duration will be only 56 days. When a pregnant woman continued to work for the entire period of bearing the child, then in this case social benefits are not provided for by law at all. Here you can only count on your regular salary and additional funding during your regularly scheduled vacation.
Full-time student
An ambiguous approach to paying for maternity leave in connection with pregnancy and childbirth is provided for full-time students. Thus, there are universities that pay scholarships to students from the state budget.
In this case, a maternity leaver from among full-time students, in accordance with the regulations on the appointment and payment of state benefits to citizens with children, which was adopted by Decree of the Government of the Russian Federation No. 865 of December 30, 2006, will receive maternity benefits.
Please note! Its amount will be calculated in the amount of the scholarship paid, but not less than the amount of the benefit established by Russian legislation.
If a student is studying on a contractual basis at a state university, then she also has the right to receive maternity benefits when going on maternity leave.
If a student of a non-state university, which is not financed from the budget, finds herself in such a situation, no one will pay maternity benefits.
