Sick leave after 30 weeks of pregnancy. Is it possible to go on maternity leave later than expected and how to do it?

In practice, although not very often, there are still situations when a woman voluntarily does not want to go on maternity leave on time, but wants to do it a little later. The reason for this may be various circumstances: the need to work to a certain length of service, receiving a larger amount of money, because sometimes the salary turns out to be more than the calculated amount of maternity benefits. Some people simply want to finish everything in a responsible position.

An employee has the right to legal maternity leave already at the 30th week of pregnancy, and if this pregnancy is multiple, even earlier - at the 28th. In more early period going on maternity leave is not permissible, since the sick leave certificate will not yet be issued to the employee, and it is the main basis for this action.

Is it possible to go on maternity leave after the 30th week of pregnancy?

The standard date for going on leave is the day seventy days before the expected date of birth, that is, from the 30th week of pregnancy. From this day on, the woman in labor is allowed to take time off. However, in case of medical indications, you can take time off earlier. To do this, it is not necessary to get sick; increased fatigue at work and the inability to work effectively are sufficient grounds for taking early leave before the 30th week.

This is not all the components of the maternity leave; after taking time off to care for the child, the mother or other guardian has the right not to go to work for another year and a half, retaining her place. In some cases, this period can be extended to three years. Thus, a woman in labor is allowed to go on maternity leave two and a half months before delivery, 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 benefits only a year and a half after delivery. True, one compensation payment is accrued until the child turns three years old, but its amount is only 50 rubles per month.

Is it possible to go on maternity leave later than expected?

It is important to take into account that the calculation of the timing of leaving the workplace is based on obstetric calculations. The exact day of the start of the maternity leave is determined by the gynecologist. It is calculated depending on the duration of pregnancy and is carried out from the day when the woman was registered in the gynecology department.

sick leave;
application for maternity leave in any form;
certificate of registration at a medical institution (registration time before the 12th week of pregnancy);
certificate of official income for 2 years;
passport;
account (card) number for receiving funds.

sick leave opens only from the 30th week,
you can continue to work at will and provide sick leave to your employer later, but sick leave will no longer be paid for 140 days, but less for the number of days that you officially worked.
I additionally learned that the documents are submitted to the employer, and “he”, in turn, is obliged to provide them to the Social Insurance Fund within 5 working days, then the Social Insurance Fund pays you the amount of sick leave within 10 working days..

The hospital issues sick leave for maternity leave at exactly 30 weeks and not a day later. But is it possible to go on maternity leave later than expected? To work some more at work (since this is financially more profitable than receiving sick leave benefits). What is needed for this so that there are no problems with accounting and the calculation of salaries and benefits. And if you continue to work, will you be paid wages or will you receive sick leave benefits, despite the fact that the employee is working? Who had examples from life?

Is it possible to go on maternity leave later than expected and how to do it?

At the 19th week, an ultrasound examination is performed. Based on its results, you can find out the gender of the unborn child, consider the number of children, and more accurately determine the timing of pregnancy. And also determine the specific date for receiving sick leave for pregnancy and childbirth, which is mandatory for receiving leave.

Sick leave (140 days in the standard case);
Certificate of registration in early stages pregnancy (if any);
Application for vacation written in person!
Information about a bank card or account (for transferring benefits);
Certificate of income for the previous 2 years (if the employee has been working in your company recently, otherwise this information is in your accounting department).

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Can an employee go on maternity leave later than the period indicated on the certificate of incapacity for work?

This situation is explained not by a resolution of the FSS, but by a letter from the FSS (Regulatory framework: LETTER OF THE FSS OF RUSSIA dated 08.10.2004 No. 02-10/11-6671 “On the issue of issuing certificates of incapacity for pregnancy and childbirth”). In it, the Social Insurance Fund of the Russian Federation explains that working during pregnancy, with sick leave, is acceptable. However, an employee who worked during a period of temporary disability (pregnancy) is not entitled to maternity benefits for the period of such work.

Thus, if the employee continued to work after receiving a certificate of temporary incapacity for work, then this is completely acceptable and does not contradict current legislation. However, I draw your attention to the fact that paying such an employee maternity benefits for the period when the employee continued to work is unlawful.

Is it possible to go on maternity leave later than 30 weeks to get more maternity benefits?

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

If you are 30 weeks pregnant approximately on November 20, then you will be issued a sick leave certificate FOR the PERIOD from November 20 to April 1 (140 days). Even if you apply for sick leave from January 1, 2020, then the ISSUANCE DATE will be January 1, 2020, and the DURATION of sick leave is still valid from November 20 - this day is the day the insured event occurred, from which the start of maternity leave begins .

At what period (month, week) do they go on maternity leave?

How many months (weeks) do maternity leave go in most cases? In the absence of special features in a woman’s life (usually related to the unfavorable ecology of the place of residence or work) or the process of bearing a child, maternity leave is taken at 30 weeks of pregnancy (this is about 7 months) for a period of 140 days (70 days of prenatal and 70 days postpartum).
From what week do they go on maternity leave if more than 1 child is expected (twins, triplets, etc.)? In this case, the woman has the right to maternity leave at 28 weeks of pregnancy and can stay on it for 194 days (84 prenatal and 110 postnatal). If it is discovered during childbirth that there are several babies, then the woman will be given another 54 days in addition to the 140 days of regular maternity leave.
If the birth was difficult, then in addition to the 140 days of maternity leave, the woman will receive another 16 days for recovery.
How long does it take to go on maternity leave if a child is born prematurely? If childbirth occurs from 22 to 30 weeks (that is, before what time they usually go on maternity leave), maternity leave of 156 days is issued from the date of birth.
How many weeks do people go on maternity leave due to living conditions? Women living or working in areas contaminated due to accidents at the Chernobyl Nuclear Power Plant and the Mayak production association, as well as the discharge of radiation waste into the Techa River, have the right to go on maternity leave at 27 weeks, since this category of future mothers are provided with 90 days maternity leave before birth. Together with the required 70 days of leave after childbirth, maternity leave for this category of women will be 160 days.

An interesting nuance. Doctors calculate the length of pregnancy in weeks, and therefore what time they go on maternity leave, from the day the patient registered for pregnancy. If registration occurred, for example, on Tuesday, then maternity leave will begin on Tuesday. Knowing this, you can predict what time you will go on maternity leave and adjust this moment to your needs.

Is it possible to go on maternity leave later (later than 30 weeks)

I would try to negotiate with a doctor in consultation. Our doctors agree to do this, although in some medical recommendations it is the doctor’s duty to issue sick leave at 30 weeks. But it can be at the beginning of the 30th week, or it can be at the end. My colleague went on sick leave at 36 weeks because she was on vacation, the doctor agreed to this, I left at 31 weeks both times. Yes, in this case there may be problems with the FSS, as it is written in the laws, but in reality everything works out.
Take sick leave and work. But I doubt that the employer will pay both sick leave and salary. When I went on sick leave last year, I studied this issue; the laws say that sick leave is paid from the moment you actually go on sick leave, that is, not 140 days, but less.
Some doctors are afraid to issue sick leave later than 30 weeks, due to the same legislation.

It is nonsense that sick leave is issued only at 30 weeks and not a day later. Receiving sick leave, and with it release from work, is the patient’s right, not an obligation, and if you know your rights and can defend them, then no one will ever dictate anything to you and there is no need to cheat. My eldest daughter, when she had to go on maternity leave with her second child, warned the doctor at 28 weeks that she would not receive sick leave at 30 weeks, wrote on the card that she was familiar with her right to receive sick leave at 30 weeks, but to receive it at this the deadline was refused, she wrote a receipt that she herself was responsible for her life and health and for the life and health of the child and she was given sick leave when she asked, she went on maternity leave at 32 weeks, she simply promised to finish the work that no one else would I didn’t, she’s a design engineer and was just finishing her project. She felt good, her work was a three-minute walk from home, it wasn’t hard for her to work, so she wasn’t in much of a hurry. Now we have a nice, healthy Mitka, she gave birth normally and wasn’t particularly nervous at the antenatal clinic, she simply persistently and with reference to the laws stated her request to the doctor and the manager and got what she wanted, as a result everyone is happy: her daughter finished her work and received very good money , the doctors relieved themselves of responsibility, which is actually what they needed, and my grandfather and I got a grandson. Sick leave was paid as expected, 140 days.

31 Jul 2018 2043

In Russia, a woman in labor has the right to take maternity leave after the thirtieth week of gestation. Such time off is called maternity leave or simply maternity leave. However, it should not be confused with maternity leave; maternity leave is a broader concept that also includes a period of time off to care for a child, which can be taken by a woman after the birth of a child and lasts until last age one and a half years.

Period of pregnancy from which you can go on maternity leave

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

It is interesting that when pregnant with more than one fetus, the duration of time off before giving birth is 84 days, and it does not depend in any way on how many fetuses the woman in labor has. Whether she is pregnant with triplets or six, the leave period will still be 84 days from the 30th week of pregnancy, unless, of course, there are medical indications for earlier hospitalization. Residents of territories affected by radiation contamination can count on 90 days of leave from the 30th week of pregnancy:

upon resolution of a burden with complications, the duration of leave is 86 days;
for the birth of twins or more children, the leave is 110 days;
in the case of premature birth, the total duration of leave for the period both before and after the birth of the baby should be 156 days.

The amount of benefits accrued during maternity leave in 2015

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

Full-time students.
Fired during maternity leave.

It is worth noting that the employer has no right to dismiss a woman before the end of her maternity leave 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 occur if she herself wants to leave or as a result of the complete liquidation of the organization in which she worked. In case of voluntary dismissal, the woman does not retain the right to payments, but in case of liquidation of the organization, the state will assume her obligations. Female students also receive benefits without being employed.

Other categories of women must have an employer who pays social insurance contributions in order to receive payments during maternity leave. Unemployed people do not receive payments during maternity leave and later, since this benefit is designed to compensate for the woman’s lost income; if there was no income, then there is nothing to compensate. Thus, this benefit is actually a social insurance, which is financed by the withheld part of employees' salaries.

The benefit is calculated in the amount of the woman’s average income for the two previous 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 this, the daily earnings received are multiplied by the number of days spent on leave. The amount received is paid to the woman only after permission from the burden, since in order to receive this benefit, it is necessary to present a birth certificate of the child.

The same principles make it possible to calculate the amount of benefits due to female students and those dismissed upon liquidation of the organization. But they will receive payments not at their place of residence, but at the service department social protection. Although the benefit amount begins to accrue from the 30th week of pregnancy, it is paid in a lump sum after the pregnancy is resolved. As you can see, it’s easy to calculate how much it will cost a woman to take maternity leave with the help of a simple calculator. This payment can be withdrawn ten days after receiving the birth certificate.

Documents required to receive payment

Once the burden is resolved, you can submit documents to receive payment. You must submit:

certificate of income from previous place of work;
child's birth certificate;
sick leave;
certificate of registration;
statement.

The response period is ten days; if the application is granted, the funds must be transferred to the mother’s account in a lump sum, no later than the end of the month.

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Good afternoon, dear readers. Today we’ll talk about whether it’s possible to go on maternity leave later than expected.

Today you will learn:

Generally accepted deadlines for processing maternity leave;
Is it possible and how to go on maternity leave later than expected?
List of documents for calculating maternity leave.

What is maternity leave

So, maternity leave combines two various types vacations. This is maternity leave and up to three years. Let's talk about the first one.

Maternity leave is intended to solve two problems:

Allow you to prepare for the birth of a child;
To have the opportunity to constantly be with the newborn in the first months of his life.

The most common (generally accepted) period of maternity leave: 70 days before and 70 days after childbirth (140 calendar days in total). But there are always exceptions.

Is your co-worker having twins? She is given 194 days. Moreover, if twins are known in advance, then vacation is provided for 84 days before and 110 after the end of childbirth. If twins were discovered only in the delivery room, then the vacation will simply extend for 54 days. If the mother had a difficult birth, 16 days will be added to the vacation.

We count the vacation date

Having registered with the antenatal clinic, the expectant mother and her gynecologist calculate 40 weeks of pregnancy to determine the date of birth of the baby.

When is pregnancy expectant mother progresses normally, she goes on leave at 30 weeks. If the ultrasound detects twins (or maybe triplets), the expectant mother will go on vacation at 28 weeks. If your area is disadvantaged, the expectant mother is entitled to leave at 27 weeks.

Sometimes unexpected situations occur, such as premature birth. Then sick leave is issued from the date of birth of the child for 156 days and leave must be arranged urgently.

Another exceptional case: your employee decided to adopt a newborn baby. In this situation, she is entitled (and, accordingly, vacation) for 70 days.

Is it possible to go on maternity leave later than expected?

In addition to the health of the unborn baby, at this moment the expectant mother faces an equally important question. The issue of material security. After all, you and I understand that no benefit can be compared in size to wages.

Therefore, very often an employee wants to “push back” her maternity leave. And if the expectant mother is a highly qualified employee, you are also interested in reducing the time she is absent from the company.

So, a “maternity leaver” can continue to work (on completely legal grounds) even after 30 weeks of pregnancy. However, this does not mean that maternity leave can be postponed.

In this situation, vacation is reduced by the number of officially worked days. The employee will receive her regular salary for the time worked. But the duration of sick leave and the amount of benefits will decrease in proportion to the time worked (the employee must notify the antenatal clinic about her decision in order to reduce the period of sick leave on working days).

But the wishes of the expectant mother and the capabilities of her body do not always coincide. If, after all, the mother was unable to work (for health reasons, for example), her gynecologist has the right to reinstate sick leave from 30 weeks retroactively.

To avoid such pitfalls, many employers take a different route. Maternity leave is issued from the due date of 30 weeks. And those days that the employee devoted to work are simply issued as a bonus (by agreement with the “maternity leave”).

During this time, the employee does not report time and remains at the workplace as long as her status as an expectant mother allows. Thus, there is no violation from a legal point of view. And there will be no risks due to health conditions either.

Documents for maternity leave

Let me remind you that we are now talking about the first part of maternity leave, namely maternity leave. It is issued upon presentation of a sick leave certificate issued by the antenatal clinic (only for officially employed employees).

So, here is a list of all the required documents to calculate your employee’s vacation:

Sick leave (140 days in the standard case);
Certificate of registration in the early stages of pregnancy (if available);
Application for vacation written in person!
Information about a bank card or account (for transferring benefits);
Certificate of income for the previous 2 years (if the employee has been working in your company recently, otherwise this information is in your accounting department).

Based on these documents, personnel issue a leave order, which is paid by calculating sick leave benefits.

We calculate the amount of benefits

The amount of sick leave payment for pregnancy and childbirth is 100% of the average daily earnings (regardless of insurance period employee) multiplied by the number of days of sick leave (in general, 140 days).

However, there are minimum and maximum benefit limits. In 2019 it is 51,918.80 rubles. and 301,095.96 rubles. accordingly (do not forget to multiply the resulting amount by the regional coefficient).

We also remember that from January 1st it was increased to 11,280 rubles.

As a result, our calculation formula will look like this:

SP=D/730*140, Where:

SP – benefit amount;
D– income for the two previous years;
730 – number of days (2017 and 2018);
140 – standard period of sick leave.

This is an ideal calculation option. There are exceptions in life. For example, if during the previous two years a woman was on sick leave, on maternity leave or maternity leave, then this time is excluded from the calculation period. However, in the last two cases this time for calculation is allowed to be replaced by previous years.

If the employee decides to “stay”, then the formula for calculating the benefit will be as follows:

SP=D/730*(140-RD), Where:

RD – number of working days.

And one more very important nuance: if your employee “didn’t have time to work at all” (less than 6 months of experience), then the benefit is calculated based on the minimum wage.

Well, we have examined in detail the option of going on maternity leave later than the due date. We hope you found the article useful. Now you can definitely answer all the questions about “shortened” maternity leave.

Hello, Lilia!

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 certificates of incapacity for work”
46. A certificate of incapacity for work 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. A certificate of incapacity for work for pregnancy and childbirth is issued at 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 a certificate of incapacity for work for pregnancy and childbirth is issued at 28 WEEKS of pregnancy at a time for a duration of 194 calendar days (84 calendar days before childbirth and 110 calendar days after childbirth).
If a woman, when contacting a medical organization, REFUSES to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave within the established period, her refusal is recorded in the medical documentation. WHEN A woman before childbirth reapplies for a certificate of incapacity for work for pregnancy and childbirth to register for maternity leave, the certificate of incapacity for work IS ISSUED FOR 140 calendar days (for 194 calendar days - in case of multiple pregnancy) FROM THE DATE established by the first or second paragraphs of this paragraph.

That is, a sick leave certificate will be issued to you at the 28th or 30th week of pregnancy; if you decide to refuse at this time and apply for sick leave later, you will be issued a sick leave certificate, all the same, from the date of 30 weeks. When providing the employer with such a sheet, the calculation will begin 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 take advantage of the right to the specified maternity leave and continues to work (and, accordingly, receive wages), then the benefit to her not allowed.

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

All the best to you!

If you have any additional questions, please contact us.

Sincerely! legal advisor Tatyana Kurdyukova.

Good health and financial interest often motivate a pregnant employee to continue working. Can a woman go on maternity leave later than expected and how will this affect the amount of benefits?

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

Every officially employed employee can go on vacation:

at 30 weeks of pregnancy (when carrying 1 child);
at 28 weeks (if a multiple pregnancy is diagnosed);
at 27 weeks (for women living in contaminated regions).

Duration of maternity leave

If a woman intends to go on maternity leave later than expected, the amount of 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. Average daily earnings (600 rubles) are multiplied by 120 days. The resulting amount is 72,000 rubles. Thus, the benefit is significantly reduced in size.

It is the woman who decides whether to work or not after maternity leave. From the material side, if her salary exceeds monthly allowance due to childbirth, it makes sense for her to remain in her position. And you, as an employer, must remember that the calculation of benefits will not include the days that the employee worked.