Is it possible to issue a decree after 30 weeks. Is it possible to go on maternity leave later than the deadline and how to do it. Application for maternity leave

Do I have the right to issue a sick leave for pregnancy and childbirth not from 30 weeks of pregnancy for 140 days, but from 32 weeks? And if I still have such a right, will the number of days on the sick leave for these two weeks decrease or not? The fact is that my obstetrician at the Women's Clinic tells me that she does not have the right, under the law, to write out a sick leave later than 30 weeks. Explain what should I do? So there were circumstances that I need to work out these two weeks. (Olga)

Answer:

Dear Olga! The expectant mother has the right to decide for herself when she goes to maternity leave- 70 days before the birth, as the law allows, or later. At the same time, according to the rules, the health worker antenatal clinic is obliged to issue a sick leave certificate to the woman in any case from 30 weeks of pregnancy and cannot do this at a later date. According to the instructions for the examination of temporary disability, “8.1. For pregnancy and childbirth, a certificate of incapacity for work is issued by an obstetrician-gynecologist, and in his absence, by a general doctor. A certificate of incapacity for work is issued from 30 weeks of pregnancy at a time for a duration of 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth). At multiple pregnancy sick leave for pregnancy and childbirth is issued from 28 weeks of pregnancy, while the total duration of prenatal and postnatal leave is 180 days. It is unlikely that you will be able to find a doctor who will take responsibility for sending you on sick leave after 30 weeks. If you decide to go on maternity leave later, then simply leave the received certificate of incapacity for work in your hands and present it to the employer along with the application for maternity leave when you see fit. The employer, in turn, will issue you maternity leave based on this sick leave from the date that you indicate in the application for actual maternity leave. The Social Insurance Fund (FSS) draws attention: if future mom goes on maternity leave not from the 30th week of pregnancy, but later, then the part of the leave not used before the birth (and, accordingly, the allowance for this time) does not transfer to the postpartum period. That is, in any case, a young mother can be on maternity leave for no more than 70 days after childbirth (86 days for complicated childbirth, 110 days for the birth of twins, triplets, etc.), and she will receive maternity benefits only for actually spent in maternity leave days. Since the FSS will not allow double payment: both maternity leave and wages, that is, it will not reimburse maternity leave to your employer in the part when you worked and received wages. Some advise you to go on maternity leave as it should be at 30 weeks, and for the necessary time (in your case 2 weeks) to draw up a civil law contract or a contract for your work functions, but this is a dubious way out of the situation, since the employer may also have problems with reimbursement tomorrow for your sick leave from the FSS. The legal way to get sick leave after 30 weeks of pregnancy is to register with the LCD after 30 weeks of pregnancy.

Maternity leave(BiR, in everyday life just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

The right to maternity leave is enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social security benefits.

• B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

• Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

New law No. 201-FZ dated June 29, 2015, amended the conditions for granting maternity leave for fixed-term employment contract. If earlier the employer was obliged to extend the contract with the employee only for the period of pregnancy until the birth of the child, now the woman is given statutory postnatal leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of the decree).

How many weeks is issued

The period at which a woman can legally go on maternity leave - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

• 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
• 28 weeks - with multiple pregnancy.
• If a woman had a premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave date later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of the decree depends on the place of residence and work of the woman, the characteristics of the course of childbirth, the number of children born.

• Vacation in BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

• The leave begins to be counted from the day when the court decision on adoption comes into force.
• The decree lasts until the expiration of 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Making maternity leave

To go on maternity leave, a pregnant woman must provide the employer sick leave from an obstetrician-gynecologist and write statement about your desire to take a vacation in BiR. It is important for the employee to take maternity leave for two reasons:

• to get a B&R allowance;
• to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

In return for the application and the hospital personnel department provided by the woman, the personnel department issues her a notification-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

The start date of the decree may coincide with that indicated on the disability certificate, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the decree itself will not be postponed to a later date, but will be reduced, since it will end no later than the date indicated in the sick leave.

Decree sick leave

Disability certificate issued on official letterhead, approved by the order of the Ministry of Health and Social Development of June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is filled in medical institution, the second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (valid for both the doctor and the employer):

• Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
• Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
• Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor and others) does not fit in the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

• If an error is found, the disability certificate is returned to the woman, who must re-apply to the medical facility for a new document.
• An incorrect name of the insured organization is not considered a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain information must be included in the document. These include:

• Details of the organization, full name of the head.
• Full name of the employee without abbreviations (you can also indicate the position).
• Details of an identity document.
• Information about the place of registration and residence.
• Please provide leave for BiR.
• Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
• Desired method of receiving benefits, card details.
• The number and date of the sick leave according to BiR.
• Signature of the employee, last name and date of filling out the application.

Being on maternity leave is the basis for assigning a woman a maternity allowance. In this case, most often one combined application is filled out - both for vacation and for payments for it on sick leave.

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

• name of the insurer;
• date and document number;
• Full name of the employee, personnel number, name of her position and structural unit;
• type of leave (for pregnancy and childbirth);
• grounds for granting the decree;
• vacation start and end dates, its duration;
• Full name of the head of the organization, his signature.

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

BiR leave is paid in full, from the first to last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of the decree, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
2. With very little or no earnings, as well as with work experience in the organization up to 6 months. calculation and payment is made according to the current value of the minimum wage (minimum wage). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. Otherwise, the woman may need to prove her eligibility for the B&D benefit in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct Payouts") according to the established procedure. This takes into account the following data:

• The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
• The length of the calculation period (in 2016-2017 - 731 days).
• The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

• the exact number of days in the billing period is calculated (outliers are subtracted from 731);
• the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
• is the size lump sum payment(average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).

The amount of the allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity allowance is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of disability indicated in the sick leave.
• If a woman has been on parental leave during the past two years, she can replace the years of calculation.
• In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another billing period), the number of days excluded from the calculation, carefully check the boxes.
• You can pay attention to the column “Work experience” only if the experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

• Woman writing a letter to the employer for maternity leave and allowance.
• The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
• There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
• The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him the payment by reducing the insurance premiums payable and / or paying compensation.
• In some constituent entities of the Russian Federation, where the Direct Payments project operates, vacation is paid to a woman directly from the territorial body of the FSS (although the application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued when early production registered with a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.

Conclusion

Maternity leave (maternity leave) workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation go on maternity leave at 30 weeks pregnancy. To do this, in the antenatal clinic, you need to apply for sick leave, provide it to the employer (to the educational institution, at the place of service) and write an application for leave.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. maternity allowance paid to female employees for whom the employer pays insurance premiums.

In Russia, a woman in labor has the right to go on maternity leave after the thirtieth week of gestation. Such time off is called maternity leave or simply a decree. However, do not confuse it with maternity leave, the decree is a broader concept, which also includes a period of time off for childcare, which can be taken by a woman after the birth of a child and last until the last one and a half years old.

These are not all the components of the decree; after a day off to care for a child, a mother or other guardian has the right not to go to work for another year and a half, retaining her job. In some cases, this period may be extended up to three years. Thus, a woman in labor is allowed to go on maternity leave two and a half months before the resolution of the burden, that is, from the 30th week of pregnancy, and return to work three or four and a half months after the birth of the baby, but she will receive child support only one and a half years after the resolution of the burden. True, one compensation payment is accrued until the child is three years old, but its amount is only 50 rubles a month.

Period of pregnancy from which you can go on maternity leave

The standard date for leaving the day off is the day seventy days before the expected date of release from the burden, that is, from the 30th week of pregnancy. From this day on, the woman in labor is allowed to take time off. However, in the case of medical indications, you can take time off earlier. To do this, it is not necessary to get sick, a sufficient reason for early retirement before the 30th week is increased fatigue at work, the inability to work effectively.

You can also go on a day off and later than the date of the onset of the thirtieth week of pregnancy. To do this, you only need a statement from the woman in labor with a request for this and an indication of the date when the woman in labor intends to take time off. However, remember that time off is granted after the 30th week of pregnancy and, accordingly, is seventy days before the expected date of delivery and up to seventy days after the actual date of birth. If you go on maternity leave late, then no one will compensate the woman in labor later, she will not be able to extend her vacation after the birth of the child for the duration of the period that she did not use.

Interestingly, during pregnancy with more than one fetus, the duration of time off before childbirth is 84 days, and at the same time it does not depend on how many fetuses the woman in labor has. Whether she is pregnant with triplets or gears, the vacation period will still be 84 days from the 30th week of pregnancy, unless, of course, there is a medical indication for an earlier hospitalization. Residents of territories affected by radiation contamination can count on a vacation of 90 days from the 30th week of pregnancy:

• in case of relief from burden with complications, the duration of the leave is 86 days;
• at the birth of twins and more children, leave is 110 days;
• in case of early release from the burden, the total duration of the leave for the period - both before the birth of the baby and after it should be 156 days.

The amount of the benefit accrued during maternity leave in 2015

During this leave, employed women are entitled to benefits. Non-working women cannot receive these payments unless they are:

1. Full-time students.
2. Dismissed during the decree.

It is worth noting that the employer does not have the right to dismiss a woman before the end of the decree for any reason, even if the woman in labor violates labor discipline and moral standards. The law firmly protects her right to keep her job. Dismissal can only happen if she wants to leave herself or as a result of the complete liquidation of the organization in which she worked. In case of voluntary dismissal, a woman does not retain the right to payments, but in the event of the liquidation of the organization, her obligations will be assumed by the state. Female students also receive benefits without being employed.

The remaining categories of women must have an employer who pays social insurance contributions in order to receive payments during maternity leave. The unemployed do not receive payments during maternity leave and later, since this allowance is designed to compensate for the woman's shortfall in income; if there was no income, then there is nothing to compensate. Thus, this benefit is effectively a social insurance funded by a withheld portion of the employees' wages.

The allowance is calculated in the amount of a woman's average income for the previous two years before going on maternity leave. The total amount of earnings for this period is divided by the number of days in these years, taken as 730. After that, the daily earnings received are multiplied by the number of days spent on time off. The amount received is paid to the woman only after the release of the burden, since in order to receive this allowance, you must submit a birth certificate of the child.

The same principles make it possible to calculate the amount of the allowance due to female students and those dismissed during the liquidation of the organization. But they will receive payments not at the place of residence, but at the department of the social protection service. The amount of the benefit, although it begins to accrue from the 30th week of pregnancy, is paid as a lump sum after the relief from the burden. As you can see, it is not difficult to calculate how much the pleasure of going on maternity leave will cost a woman using a simple calculator. You can withdraw this payment already ten days after receiving a birth certificate.

Documents required to receive payment

After the relief from the burden, you can apply for payment. You must submit:

• certificate of income from the previous place of work;
• birth certificate of the child;
• sick leave;
• certificate of registration;
• statement.

The response time is ten days, if the application is satisfied, the funds must be credited to the mother's account in a single amount, no later than the end of the month.

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Hello Lily!

In accordance with the order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n (as amended on July 2, 2014) “On approval of the procedure for issuing sick leave certificates”
46. ​​A sick leave certificate for pregnancy and childbirth is issued by an obstetrician-gynecologist, in his absence - by a general practitioner (family doctor), and in the absence of a doctor - by a paramedic. The issuance of a certificate of incapacity for work for pregnancy and childbirth SHALL BE CARRIED OUT at 30 WEEKS of pregnancy at a time for 140 calendar days (70 calendar days before delivery and 70 calendar days after delivery).
In case of multiple pregnancy, a certificate of incapacity for work for pregnancy and childbirth is issued at 28 WEEKS of pregnancy at a time for 194 calendar days (84 calendar days before childbirth and 110 calendar days after childbirth).
In the event that a woman, when applying to a medical organization, REFUSES IN THE SET TIME to receive a certificate of incapacity for work for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical records. WHEN A woman RE-APPLYS before delivery for a certificate of incapacity for work for pregnancy and childbirth for registration of leave for pregnancy and childbirth, a certificate of incapacity for work IS ISSUED for 140 calendar days (for 194 calendar days - in case of multiple pregnancy) FROM THE PERIOD established by the first or second paragraphs of this paragraph.

That is, a sick leave will be issued to you at the 28th or 30th week of pregnancy, if you decide to refuse at this time and apply for a sick leave later, you will be given a sick leave, anyway, from the date of the period of 30 weeks. When providing the employer with such a sheet, the calculation will go from the date of its submission, and not from the date of the specified period.

In accordance with the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children” - if a woman does not use the right to the specified maternity leave and continues to work (and, accordingly, receive wages), then the allowance to her not allowed.

That is, the sick leave is STRICTLY LINKED TO THE DATE OF PREGNANCY, and it is from the date of issue that the calculation of the maternity benefit and the monthly maternity benefit will take place. If an insured event (issuance of a sick leave from 28-30 weeks of pregnancy) - 2016, the year of the occurrence of the insured event.

The settlement period of the maternity benefit will be made for 2014 and 2015 - the fully worked two years are taken, before the year of the insured event.
An approximate calculation of benefits is as follows: Sum up the payments of these periods (excluding sick days, days if you were released from work without pay, if any), then divide this amount by 730 (the total number of calendar days). multiply the result by 140.
The amount received is your B&R payment. This allowance is paid as a lump sum for the entire vacation period.

All the best!

If you have additional questions - please contact.

Sincerely! legal adviser Tatyana Kurdyukova.

Good health and material interest often motivate a pregnant employee to continue working. Can a woman go on maternity leave later due date And how will this affect the amount of the benefit?

Today, there is no official name for "maternity leave". Labor Code the term “maternity leave” was introduced, and all the rights of a woman are specified in Law No. 255-FZ.

Each officially employed employee can go on vacation:

• at 30 weeks of gestation (when carrying 1 child);
• at 28 weeks (when diagnosing a multiple pregnancy);
• at week 27 (for women living in polluted regions).

It is important to consider that the calculation of the timing of leaving the workplace is carried out according to obstetric calculations. The exact day of the beginning of the decree is set by the gynecologist. It is calculated depending on the duration of pregnancy and is conducted from the day when the woman was registered in the gynecology department.

Decree terms

If a woman intends to go on maternity leave late the benefit will be reduced.

For example, if a woman went on vacation later than expected and worked 20 additional days before giving birth, they are not included in the calculation of benefits. The average daily earnings (600 rubles) are multiplied by 120 days. It turns out the amount of 72,000 rubles. Thus, the allowance is significantly reduced in size.

To work or not after the onset of the decree, the woman decides. On the material side, if her salary exceeds the amount of the monthly childbirth allowance, it makes sense for her to remain in her position. And you, as an employer, must remember that the days that the employee worked will not be included in the calculation of benefits.