Maternity leave: how to calculate, issue and receive payments

What is maternity leave?

In November 1917 the Council of People’s Commissars of the RSFSR adopted the Decree “On Maternity Benefit”. Since then, the period when a woman prepares for motherhood and cares for a newborn is popularly called a maternity leave, or a decree.

From a legal point of view, the decree is divided into:

1. Maternity leave (only future mother can take it).
2. Leave for the care of the child (may take a dad or, for example, a grandmother).

Both are provided and paid only if the work is official and the employer makes deductions to the Social Insurance Fund.

For the period of maternity leave, the woman retains her place of work.

How long does maternity leave last?

The future mother needs to prepare for childbirth, and caring for the newborn requires a lot of time and effort. As a measure of social support, the state guarantees working women the right to maternity leave (BIS).

Maternity leave consists of an antenatal and postnatal period. The expected date of delivery is established by the gynecologist. The doctor also prescribes the hospital for pregnancy and childbirth.

Usually, the decree leaves at the 30th week, and the corresponding leave is 140 days.

In some cases, a woman can go on a decree earlier, then its duration will be longer.

When adopting or adopting a woman, only the postpartum part of the vacation is provided for B & R – 70 days for one child and 110 for two and more.

To extend the postpartum part of the vacation by B & R, you need to register another hospital and write an application to the employer.

Can I still extend my maternity leave?

You can attach a regular holiday to BiR. According to Article 260 of the Labor Code of the Russian Federation, you can take a planned vacation:

• before leaving for the decree (before the 30th week of pregnancy);
• after the end of the vacation with BiR (after 140 days);
• after the termination of leave on care of the child.

At the same time, it does not matter whether the woman worked in the organization for six months and on what date she was put on the schedule of holidays.

How to apply for maternity leave?

To go to the decree, you need to write an application to the director.

In the header of the application, mention should be made of the name. and the position of the head, as well as the name of the addressee. The text should include a request for a vacation on B & R (with dates on the basis of the hospital) and accrued benefits. At the end – a signature with a decryption and a date. To the document you need to attach a sheet of incapacity for work.

Based on the application in the organization, an order is issued for the granting of maternity leave. A woman gets acquainted with him under the signature. And within 10 days she gets maternity.

How is maternity leave paid?

Going to the decree, the woman receives the appropriate allowance.

The allowance for pregnancy and childbirth is paid at a time and in total for all days of vacation.

The pregnancy and childbirth allowance (PPBiR) is 100% of the average earnings for the two years preceding the decree. It is calculated by the following formula:

PPBiR = income 2 years before the decree / 730 or 731 days × number of days of the decree.

At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount was 670 000 rubles, in 2016 – 718 000 rubles. In addition, out of the total number of days in the biennium, sick leave, leave at own expense, time off and other periods in which the employee does not accrue insurance premiums are excluded.

You can calculate your maternity allowance using the calculator on the website of the Social Insurance Fund. Since maternity pensions are calculated on the basis of a sick-list, the calculation is made both for payment of a disability sheet.

What other benefits are paid to mothers?

In addition to maternity, a woman has the right to expect several more benefits (plus maternity capital at the birth of the second child and subsequent).

1. The allowance for early registration is 613 rubles (as of February 2017). It is paid together with the benefit of BIS if the woman asked the doctor before 12 weeks of pregnancy and wrote the appropriate application to the employer.
2. Allowance for the birth of a child – 16 350 rubles (as of February 2017). Paid at a time to one of the parents. If your mother makes out, she must write a statement, attach a child’s birth certificate and a certificate that the father did not use the allowance.
3. A childcare allowance of up to one and a half years is 40% of the average earnings.

Who can take parental leave?

At the end of the holiday in BiR, a woman can take leave to care for a child or go to work. In the latter case, a dad, a grandmother or another relative who can sit with the baby can arrange a childcare leave. They can receive benefits.

Leave to care for the child can last until reaching the baby 3 years old, but only the first 1.5 years are paid.

In the period from 1.5 to 3 years, monthly compensation is paid – 50 rubles.

The algorithm for calculating childcare allowance is the following:

PPRS = income for 2 years before the decree / 730 or 731 days × 30.4 × 40%.

At the same time, the same restrictions apply as in the calculation of the BiR allowance.

You can apply for childcare allowance within 6 months from the moment the child turns 18 months old. The right to it remains, even if you go to work on a part-time basis or take work at home.

How to apply for a childcare leave?

To go on leave to care for a child and get the appropriate benefit, you need to write an application to the employer and attach to it:

• the birth certificate (adoption) of the child;
• a certificate stating that the second parent or none of the parents does not receive the PPRS;
• a certificate of income from the previous place of work (if it has changed in the past two years);
• certificate from the place of work in combination, that there is no accrual of PPRD (if the employee is a part-time employee).

Can a woman be dismissed in a decree?

According to Article 261 of the Labor Code of the Russian Federation, an employer can not terminate an employment contract with a pregnant woman and a woman in a decree.

A woman can not be dismissed in a decree, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the B & R vacation.

An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social protection authorities.