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

In part 3, paragraph 48 Ch. 8 Order No. 514 of August 1, 2007 of the Ministry of Health and social development The Russian Federation “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “...If a woman, when applying to a medical organization within the prescribed period, refuses to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical documentation. When a woman reapplies before giving birth for a certificate of incapacity for work for pregnancy and childbirth to register for maternity leave, a certificate of incapacity for work is issued for 140 calendar days (for 194 calendar days - if multiple pregnancy) from the date of the initial application for the specified document, but not earlier than the period established by paragraphs one or two of this paragraph.”

The right of a pregnant woman to receive maternity leave for 140 days no earlier than 30 weeks, but at any other later date before childbirth, is also enshrined in Part 2 of Art. 255 Labor Code“..Maternity leave is calculated in total and is provided to a woman completely regardless of the number of days actually used by her before giving birth,” as well as in Order of the Ministry of Health of the Russian Federation dated February 10, 2003 No. 50 “On the improvement of obstetric and gynecological care in outpatient clinics ": "... In case of non-use for any reason of the right to timely receipt of maternity leave or in the event of premature birth, a certificate of incapacity for work is issued for the entire period of maternity leave."

Receive sick leave as expected at 30 weeks and work as much as you want. You will be paid a salary for the days you worked, and the rest (from the date when you actually go on maternity leave) will be paid according to sick leave, only the end of the sick leave will not be transferred to the days that you worked, but will remain the same. For example, sick leave from January 1 to March 10. You work until February 1 and receive a salary, and from February 1 you go on maternity leave and receive benefits under the BIR until March 10.

The legislation does not prohibit a woman from going on maternity leave later than the date indicated on the certificate of incapacity for work, since maternity leave is granted not only on the basis of sick leave, but also on the basis of a woman’s application requesting maternity leave (Article 255 of the Labor Code of the Russian Federation ). The provision of maternity leave is regulated by Art. 255 of the Labor Code of the Russian Federation. To be granted maternity leave, the employee must: - write a statement to the employer, which must clearly indicate the start date of maternity leave; - submit to the organization a properly executed certificate of incapacity for work. Therefore, in order for maternity leave to be granted, it is necessary not only to have a certificate of incapacity for work, but also to have an application from the employee about it. If an employee has been issued a certificate of incapacity for work due to pregnancy and childbirth, but she continues to work, then such sick leave is subject to payment from the moment the employee actually goes on maternity leave until its end indicated in the certificate of incapacity for work. Please note that extending maternity leave by the number of days during which the employee continued to work after 30 weeks of pregnancy is prohibited, as this is contrary to the provisions of Art. 255 of the Labor Code of the Russian Federation (Decision of the Supreme Court of the Russian Federation dated November 14, 2012 N AKPI12-1204). Thus, your sick leave will be paid from the moment you actually went on sick leave until the date indicated on the sick leave (the leave will not increase for those days that you work on your own initiative) For the period when you work beyond your limit, the employer will owe you pay wages (and not pay sick leave). The Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 28, 2008 in case No. A31-357/2008-7 noted that the provision of maternity leave and the payment of the corresponding benefit are of a declarative nature. Maternity leave is granted to a woman upon her application for leave and the provision of a certificate of incapacity for work, issued in the prescribed manner; the appointment and payment of maternity benefits to the insured woman is also made after the woman entitled to such benefits applies to the employer. Thus, the end date of your sick leave will remain the same, even if you go on maternity leave later, the days that you work (while actually on sick leave) will be paid as regular working days, and not as sick 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).
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 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.

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.

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”. The Labor Code introduced the term “maternity leave”, 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).

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.

Duration of maternity leave

If a woman intends to go on maternity leave too late, the benefit amount 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.

Maternity leave(B&R, in common parlance it’s just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with 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 insurance benefits.

• Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

• Sometimes they write or say that dad can be put on maternity leave. This implies maternity leave, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid leave.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for urgent employment contract . If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now a woman is provided with the law postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other deadlines registration of maternity leave:

• 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 - for multiple pregnancy.
• If a woman has 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 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 maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

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

• Holiday according to the 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, the woman will still be provided with total number of days maternity leave.

Below is the duration of labor and labor 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 Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For a woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

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

Registration of maternity leave

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

• to receive financial assistance benefits;
• to follow her persisted workplace for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains in the organization).

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

Maternity sick leave

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

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

• The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
• Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
• Any blots, cross-outs and errors are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on 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 Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits under the accounting and labor regulations.

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

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some 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 your position).
• Details of the identity document.
• Information about the place of registration and residence.
• Please provide leave according to the BiR.
• Request to pay maternity benefits and lump sum allowance when registering in the early stages of pregnancy (optional).
• Desired method of receiving benefits, card details.
• Number and date of sick leave according to BiR.
• The employee’s signature, surname and date of filling out the application.

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

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

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

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Birth leave is paid in full, from the first to last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of maternity leave, 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 of up to 6 months. calculation and payment are made according to the current minimum wage (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, but increasing regional coefficients are applied to this figure.
3. The maximum payment amount is regulated using the bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave paid only if sick leave was provided no later than six months after the end of maternity leave. Otherwise, a woman may need to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:

• A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
• Length of the billing period (in 2016-2017 - 731 days).
• The number of days that “fall out” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

• the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
• 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 benefit must fit within certain limits. In 2018, for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (based on RUB 9,489 for each full month), maximum- RUB 282,106.70

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of incapacity indicated on the sick leave.
• If a woman has been on maternity leave during the past two calculation years, she can replace the calculation years.
• In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other 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 length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Social Insurance Fund (SIF). In general, the process occurs in the following sequence:

• Woman writes a statement to the employer for maternity leave and benefits.
• The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
• A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
• The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for 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, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration 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) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic, provide it to the employer (educational institution, place of service) and write a leave application.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.

23.08.2019

The state provides pregnant women who are in official work with "".

This is the name given to the period of time established in Law No. 255-FZ, which the employee has the right to demand at her place of work.

Maternity leave usually begins at 30 weeks of pregnancy; can a woman go on sick leave later?

Is it possible to go on vacation after the due date?

Can a pregnant woman, on her own initiative, go on maternity leave later than the due date of 30 weeks? Yes, that's her right.

Also, a pregnant woman can go on maternity leave later, but with certain features, about which.

Important! If the employee has a desire to continue working after the deadline, the employer can provide her with such an opportunity, taking into account her state of health and an official statement.

The application must indicate the period for which it is necessary to postpone.

Week 30 is the deadline set for going on maternity leave. In a medical institution where a woman is registered, she will be issued a certificate in any case; on its basis, she can go to her place of work within a specified period of 140 days. There are exceptions to this rule - read about the duration of maternity leave.

If a pregnant woman wants to go on maternity leave later than expected, she should not refuse the issued certificate of incapacity for work. It should be received. A woman has the right to decide for herself what to do with him next.

You can immediately transfer it to the employer and apply for maternity leave from the 30th week, you can temporarily postpone it to give it to your place of work later as needed.

That is, a woman has the right to provide sick leave later, for example, at 34 or 38, if necessary. In this case, the employee will continue to work and receive wages.

As soon as she thinks it’s time to go on maternity leave, she needs to submit documents to the employer. The latter will take a vacation, but not for 140 days, but for the remainder.

That is, maternity leave is not shifted or postponed. He can't go out later. Maternity leave begins 70 days before the due date and ends 70 days after this date.

If the rest begins later, then part of the prenatal period will be lost; the prenatal part will not be transferred to the postpartum period.

Please note that in some cases it is possible, but this is not related to a later maternity leave.

Going on maternity leave after the 30th week entails the loss of a part; it will not be possible to restore it later. Therefore, a woman needs to think in advance about how advisable it is for her to go on sick leave later than expected.

It is also important to understand that you will not receive maternity leave with benefits and continue to work. You need to choose one thing; you cannot receive both benefits and salary at the same time.

When is maternity leave beneficial after 30 weeks?

Almost always such a desire is associated with the desire to get more money.

Possible cases:

It is worth remembering that for the period that the pregnant woman worked, having the right to go on vacation, she will not be paid benefits.

During this time she will receive only earnings. The benefit will be accrued from the moment the woman actually goes on vacation. In this case, the rest period is not extended and will end on the day indicated on the sick leave.

It is important that sick leave for pregnancy and further childbirth will in any case be issued from the 30th week, regardless of the date of application for it.

No less often, pregnant women are interested in the possibility of earlier care -?

Conclusions

A pregnant woman has every right to dispose of the certificate of incapacity for work received due to pregnancy at her own discretion. She can give it to the employer within the prescribed period of 30 weeks, or she can give it later.

An employer cannot force an employee to go on maternity leave, since filing for this period is her right, not her obligation.