How to go on maternity leave early

conclusions

A pregnant employee can work until her last day and go on maternity leave even later than the due date for medical reasons. But there are often situations when she wants to leave earlier.

This can be done in several ways, in particular, use the vacation time or obtain a certificate of incapacity from a doctor. In these cases, the employee will also receive from the employer the payments due to her by law.

If a woman writes an application for days off at her own expense, then she will not receive any payments until maternity leave.

Source: https://blog-kadrovika.ru/otpusk/po-bir/obshhee/mozhno-li-ujti-v-dekret-ranshe.html

When you can go on maternity leave ahead of schedule - legal reasons for starting a vacation of up to 30 weeks

• In order to officially register maternity leave for pregnancy, the employee must issue a certificate of incapacity for work.
• In case of a singleton pregnancy, which occurs without complications and risks to the health of the mother and child, a sick leave certificate is issued starting from the 30th week and lasts for 140 calendar days.
• Situations where it is possible to go on maternity leave ahead of schedule are taken into account.

When is maternity leave due?

Officially, Russian legislation has identified 3 cases when every employed employee can go on maternity leave:

• starting from the 30th week of pregnancy until the end of 140 calendar days, when it proceeds without complications;
• starting from the 28th, if a woman is expecting the birth of two or more babies, the duration of such a maternity leave will be 194 days;
• starting from the 27th for women workers living in areas with special climatic conditions.

Duration of maternity leave in the table.

Important! If the pregnancy proceeds with complications and the birth was difficult, the employee’s vacation period is officially extended by 16 days, indicating them as data for recovery.

In this case, the woman will spend 156 days on maternity leave. To renew, she needs to write an application and the manager must approve the order.

Therefore, it is possible to go on maternity leave ahead of schedule (up to 30 weeks) if the employee has one of the above-described reasons taken into account by law.

The calculation and exact date of maternity leave is carried out by a doctor in the gynecological department, where the pregnant woman must first register. It is this date that is indicated on the sick leave, which must be provided at the place of work.

In case of complications or other peculiarities of the pregnancy process, the employee must request from her doctor supporting certificates and other documents, which will also be attached to the employee’s personal file. After this, you must write an application requesting maternity leave.

Up to 30 weeks due to health reasons

Officially, maternity leave is granted after receiving sick leave for pregnancy and childbirth and writing an application indicating the date of leave.

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In normal situations, this is the period from the 30th week of pregnancy. But with multiple births, this period can be extended, and starts from the 28th. This point is also indicated on the certificate of incapacity for work.

It is noteworthy that sick leave for pregnancy is not provided before this period, and it is impossible to go on maternity leave before this time. But what to do if the employee has health problems even before the start of maternity leave?

Important! If problems arise with well-being, each employee can request sick leave for health reasons, during which he can improve it and resume work duties.

The same applies to employed women who are pregnant. If there is very little time left before going on maternity leave, but your health does not allow you to perform your work duties, you can go on sick leave earlier than due for health reasons (up to 30 or 28 weeks).

1. To go on vacation prematurely, you need to officially secure this period with certificates and relevant documents from the attending physician, and when the period of maternity leave begins, switch to it.
2. This will not increase the period of maternity leave, but will allow the expectant mother to take care of her health by taking additional sick leave.
3. Also, pregnant women are often interested in the possibility of later care - whether it is possible to go on maternity leave after 30 weeks.

Source: https://azbukaprav.com/trudovoe-pravo/otpusk/po-beremennosti-i-rodam/ujti-v-dekret-ranshe.html

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• Maternity leave sooner or later? Hi all. please tell me is it better to go on maternity leave earlier or later? I wanted to ask the doctor to give me sick leave later for one or two weeks. Now I don't even know
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• Decree. Tell me, when were you given sick leave (maternity leave). Exactly at 30 weeks???? And how long does it take to do this? It’s just that I thought that it was a few days in advance, and a specific date was set, but for some reason I was given an appointment exactly...

Source: https://www.BabyBlog.ru/community/post/obraz_live/1760137

How many weeks do pregnant women go on maternity leave | Tags: due, term, maternity, leave, not

How to apply for sick leave for pregnancy and childbirth

Sooner or later, it’s time for a pregnant working woman to go on sick leave. Like any document, it needs to be completed on time and correctly, so that unpleasant surprises do not happen at the most inopportune moment.

1 Sick leave, popularly still called “maternity leave,” is issued at 30 weeks of pregnancy. Its duration is 140 days (70 days before and 70 after childbirth).

If you are expecting two or three babies, then sick leave will begin at 28 weeks and will be 194 days. If you gave birth before 30 weeks, then you will be issued a sick leave certificate in the maternity hospital for a period of 156 days.

In case of complications during childbirth, upon discharge you will receive an additional sick leave for 16 days.

2 The sick leave certificate will be issued by your obstetrician-gynecologist from the antenatal clinic. If for some reason this is not possible, you can ask your local physician for this document.

This document can be issued either by a gynecologist from a regular public antenatal clinic or by a doctor from a private clinic.

In some cases, sick leave for pregnancy and childbirth can be obtained from doctors with secondary specialized education, but ambulance workers or doctors in medical offices at hotels and other institutions cannot issue such a document.

3 If you have any illnesses that require a visit to a day hospital or admission to a hospital, you will receive a sick leave earlier. However, if you are sick at home, you will not receive maternity benefits, but ordinary sick leave with appropriate pay.

4 All sick leave certificates are now issued according to the new model. The appearance of the form has changed, and the document must be filled out exclusively in block letters and with a gel pen - purple, blue or black.

The sick leave certificate must have 2 triangular seals and a rectangular one with the name of the medical institution that issued the document. Be sure to carefully check all the information provided in the document.

5 After this, take your sick leave to the HR department or accounting department and write an application for maternity leave. The benefit must be credited within 10 days, and you will receive the entire amount immediately.

If an employer is taking their time, you have every right to file a complaint against them. There are cases when an employee decides to give her sick leave to her employer later in order to receive both benefits and salary.

In some organizations you can do this, in others you will most likely simply lose part of your maternity leave.

How to go on maternity leave before 30 weeks

The pregnancy period is different for every woman. The legislation of the Russian Federation states that only from the 30th week of pregnancy a woman can go on maternity leave. However, for many reasons, some pregnant women need to go on legal leave ahead of schedule, so they begin to look for different ways and solutions to this problem.

1 Almost every woman goes through a condition such as pregnancy. Some women get to work without any problems, spend the required hours there and easily go home.

Others feel extremely tired during pregnancy; past health problems worsen, swelling, tone and pressure appear. There are often situations when a woman requires medication or even hospitalization.

Pregnancy is a huge stress on the body that you have to cope with.

2 A normal pregnancy lasts approximately 280 days or 40 weeks. According to Article 255 of the Labor Code of the Russian Federation, women, upon their application, are granted leave at QxGQvQege*ZnLQ90TI-TxUgw05H6VSa2F8KCV0m0fTCmFVeMArbLTaCT8FsEbOZlnIfVWBRO8BJvFaUtnd4CBEUf4Pa0t2jHdNdGuozCk-HMpKGkxRhWxkvf5fp9ALkqJ72Q240FXcBwTO2v7 ksW2ef6Q6CgEMK8mZPFZeEBL8wM-u5VNX54gFIgIDVRb3CovJR139iE-hxvo8kArzxnHe5yxL*sxWBsRMNYOnpmeG2K-OTPSNyC859zTYEnpdBau5OOx5KUAHheL58HTCcWtQ8ZHpWVxF8q2vQ *JF1cD7d4sWixrg2WqdW5ry2Qh04fm3q63o*HtKqFCx5WmpMcfob7ChtAonwg3ATbWLdQinyQPY*TQeMUaaDiusbhS3kO-AUUUUiyw&eurl%5B%5D=nkgcUuPi4*LgCpLGYy1ewj7C3ldw M3rfqgdIL5B5fnGevPCr, lasting 70 calendar days before birth and 70 calendar days after birth (in the case of a singleton pregnancy). Those. a woman goes on maternity leave at the 30th week of pregnancy.

There are several ways to go on maternity leave ahead of schedule.

3 If you have health problems, make an appointment with your local physician and complain about feeling unwell. The doctor will issue a sick leave certificate allowing you to legally not go to work. If there is a specific disease, then you can contact a highly specialized specialist: a cardiologist, neurologist, etc.

4 If your pregnancy is difficult, there is a threat of miscarriage or other problems, contact the gynecologist who is monitoring your pregnancy. He will be able to refer you to hospital for treatment or monitoring the condition of the fetus. Upon completion of treatment in a hospital, a sick leave certificate is also issued.

5 Write an application for leave. In accordance with Article 260 of the Labor Code of the Russian Federation, before maternity leave, at the request of a woman, she is granted annual paid leave, regardless of her length of service with a given employer. Those. you are given the opportunity to take another month off until the 30th week of pregnancy.

6 If you have older children under 14 years of age, then in the event of a child’s illness, the local pediatrician will be able to issue you sick leave to care for the child at any time, regardless of the stage of pregnancy.

In any case, a woman, independently or with the help of her attending physician, will be able to decide on an earlier maternity leave. After all, the priority here is always the woman’s peace of mind and a healthy, full-term baby.

Source: https://www.baby.ru/blogs/post/187236083-145159110/

How to go on maternity leave ahead of schedule

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Any pregnant woman wants to quickly go on maternity leave and take a break from everyday work, taking care of her beloved baby. However, to do this, you must wait until the date from which the employee has the right to register the days. In accordance with the law, this can only be done at 30 weeks of pregnancy.

At the same time, the stress suffered at the workplace, the long journey to the organization, and chronic lack of sleep can seriously undermine the health of the expectant mother. In such cases, it is possible to go on maternity leave in accordance with a special procedure. So, how to go on maternity leave ahead of schedule without losing money?

What does the legislation say?

The deadlines associated with a woman in labor going on vacation are defined in Art. 255 Labor Code of the Russian Federation. Thus, women can take a vacation for a total duration of 140 days during the period of preparation for childbirth and after it. The total number of days is divided in half: 70 days are allocated for the prenatal period, 70 - after the birth. These rules apply to singleton pregnancies.

Early maternity leave

For premature registration of sick leave for pregnancy and childbirth, circumstances must arise, which include:

1. The expectant mother has serious complications that can negatively affect the birth or the health of the baby.
2. If there are vacation days not taken off for the current billing period.
3. When expecting several children.
4. If the employee is ready to take days at her own expense.

Going on maternity leave a month before the due date

Every woman has the right to take regular leave before maternity leave. Its duration is established by labor legislation and is 28 days. It is worth noting that organizations cannot provide their employees with fewer days than they are entitled to in accordance with the current regulations. However, management may decide to increase vacations for their employees.

Thus, having written the appropriate application, a pregnant woman can go on vacation a month earlier and prepare for childbirth for three rather than two months.

If a woman has made the indicated decision, then the manager cannot refuse her on the basis that the maternity leave is issued at the 30th week of pregnancy.

Taking maternity leave early due to health reasons

Despite the fact that, in accordance with the Labor Code, there are no grounds related to health problems that are the basis for early maternity leave, many women still take advantage of such situations.

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How to do it? The fact is that you can go on sick leave ahead of time. To do this, you will need to report your problems to your local doctor, and he, in turn, will issue a sick leave.

Next, you need to bring the document to work and go to rest.

If the matter is not only about poor health, but also about the threat of miscarriage, then the expectant mother will have to consult a gynecologist. Upon completion of the examination, the specialist makes a decision to send the patient to inpatient treatment.

In some cases, pregnant women already have older children who may also become ill. In this case, the pediatrician must issue sick leave for the care of a minor under the age of fourteen to his mother.

Important! Taking sick leave due to harmful working conditions is not provided for by law. The only thing the employer can do is transfer the employee to a lighter regime.

It is worth noting that when an employee is transferred from one place of work to another due to the inability to fulfill her duties, her earnings are retained in full. It is worth remembering that the transfer is not carried out in accordance with oral agreements between the employee and the management of the organization. So, the expectant mother is required to submit a doctor’s certificate.

How to go on maternity leave early by agreement of the parties

In order to implement such a plan, you will have to contact the management of the enterprise with a request to provide vacation days at your own expense before maternity leave. This is an extreme option, costly from the point of view of the family budget. However, if we are talking about health, then you don’t have to choose.

Important! Leave without pay is issued without accrual of wages and corresponding social benefits.

Multiple pregnancy

It's easiest to go on early maternity leave with twins. This basis is legal and allows you to go on vacation 84 days before giving birth. This means that a woman has the right to write a statement as early as 28 weeks. Such privileges are not accidental, because carrying and giving birth to two babies requires more strength and health.

Conclusion

Thus, you can officially go on maternity leave for several reasons. However, only one of them is clearly stated in the legislation. If this option is no longer available, then you can use other options that are successfully used by many pregnant employees.

Source: https://semyahelp.ru/drugoe/dekret/kak-pravilno-ujti-v-dekret-ranshe-polozhennogo-sroka

Maternity leave

Maternity leave (Maternity leave, or simply maternity leave ) 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.

The peculiarity of maternity leave in Russia is that only a woman .

• Sometimes they write or say that dad can be put on maternity leave. This means parental 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 annual paid leave .

The new law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave under a fixed-term employment contract .

If previously 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 provided with the statutory 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 your doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, other deadlines for registration of maternity leave are established:

• 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 - in case of 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 expedient to postpone it to the beginning of the next year , despite several lost days subject to sick pay. the current calendar year as a calculation - as a rule, it is 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 other 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.

• Labor and labor leave 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 granted the total number of days of maternity leave.

Below is the duration of labor and labor leave before and after childbirth for different categories of women.

Maternity leave table

Conditions Duration of maternity leave in days Before childbirth After childbirth Total Normal course of pregnancy and childbirth 70 70 140 The same for women living or working in areas contaminated after the accident at the Chernobyl Nuclear Power Plant, the Mayak plant or the dumping of waste into the river. Leak (hereinafter - in the contaminated area) 90 70 160 Normal pregnancy, complicated childbirth 70 86 156 The same for women living or working in the territory of the “Chernobyl zone” 90 86 176 Premature birth (between 22 and 30 obstetric weeks) 156 156 Multiple births pregnancy diagnosed before 30 weeks 84 110 194 Multiple pregnancy diagnosed at birth 70 124 194

For pregnant women who live or work in contaminated areas, maternity leave is 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 under 3 months of age, 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 the employer with sick leave from an obstetrician-gynecologist and write a statement about her desire to take leave under the BiR. It is important for the employee herself to take maternity leave for two reasons:

• to receive benefits for BiR ;
• so that she retains her job during maternity leave, as well as subsequent parental leave for a child up to 3 years old.

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 with 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.

The certificate of incapacity for work is issued on an official form 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 filled out at a medical institution , the second (to calculate maternity benefits) is filled employer .

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 according to the BiR.

• 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.
• Please pay maternity benefits and a one-time benefit 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 issues an order to grant maternity leave . the unified form No. T-6 as a basis 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.

The employee must familiarize herself with the order, 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?

Vacation leave is paid in full, from the first to the last day. The benefit is transferred at a time to 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).

Source: http://detskie-posobiya.molodaja-semja.ru/dekretnye/otpusk/