Getting pregnant and going on maternity leave is what most women in our country dream about. And this is correct, since there is nothing as valuable in this life as children.
Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.
It's fast and IS FREE!
What is a decree, at what stage of pregnancy it is provided, and other topical issues will be discussed below.
Basic concepts
Before answering the question indicated in the title of the article, it is necessary to define the main concepts. In Russia, more precisely, in its modern legislation, the term "decree" does not exist. The Labor Code of the Russian Federation in chapter 41 reveals the basic concepts and rights that are granted to pregnant women and women who have already given birth.
Maternity leave
Popularly referred to as "maternity leave" includes two types of leave.
- Maternity leave. This is a clearly defined, based on the criteria specified in the law, the period of time before and after childbirth provided to working women for rest. An important condition is the payment of benefits in the amount determined by the law.
- Holiday to care for the child. Granted to a parent caring for him until the child reaches the age of one and a half or three years.
To provide this leave, one of the parents must write an appropriate application for leave and payment of benefits and attach to it certificates from the work of the other, confirming that he did not use this right. The certificate must indicate that the other parent did not take this leave and did not receive benefits for it.
If a mother becomes pregnant during parental leave, then she will go on maternity leave with her second child as a general rule.
It should be noted that in 2019 the updated procedure for determining the amount of the childcare allowance is applied. The main difference lies in the extension of the settlement period to two calendar years.
When you can go on maternity leave, only your gynecologist will answer you.
As soon as the doctor at whom you are observing the pregnancy determines that it is time for maternity leave.
He will offer you to draw up a number of documents confirming your right to him:
- Disability certificate. It will contain the date of the alleged birth, determined by the gynecologist on the basis of all examinations, the calendar date of the beginning of the leave and its end will be indicated.
- Certificate of registration before 12 weeks of pregnancy in the antenatal clinic. This document gives rise to a lump-sum benefit.
A pregnant woman must submit the above documents to her employer along with a letter of leave written in duplicate. In order to avoid disputes in the event of a loss of a certificate of incapacity for work or a certificate at work, it is recommended to indicate them in the annex to your application, the second copy of which with the entering stamp of the organization should be left for storage.
Legislation
Regulations that provide special rights for pregnant women and parents with small children are very diverse.
Below is a list of them depending on the legal force.
- Chapter 41 of the Labor Code of the Russian Federation, reveals general concepts and sets the terms of vacations.
- The Law of the Russian Federation of 05.15.1991 N 1244-1 (as amended on 12.21.2013) "On social protection of citizens exposed to radiation as a result of the Chernobyl disaster" regulates the period of maternity leave for women exposed to radiation or living in the Chernobyl zone ...
- Federal Law of 05.19.1995 N 81-FZ (as amended on 07/02/2013, as amended on 06/04/2014) "On state benefits to citizens with children", establishes the types of benefits, who is entitled to receive them, how they are calculated.
- Federal Law of December 29, 2006 N 255-FZ (as amended on November 25, 2013) "On compulsory social insurance in case of temporary disability and in connection with motherhood" discloses the rules for calculating benefits, their minimum and maximum amounts.
- Also, regional legislation cannot be ignored. In Russia, in some constituent entities, additional benefits have been established, or existing benefits have been increased at the expense of the regional budget.
How long do they go on maternity leave?
Any expectant mother wants to know when the happy time will come, and she will be able to sleep, prepare everything for the baby and just enjoy the last days of pregnancy. Many of them do not understand how to calculate the duration of the decree.
The answer depends on several factors:
- the state of health of the mother and fetus;
- number of fruits;
The specific date when it will be possible to demand from the employer for maternity leave will be calculated by the gynecologist based on the obstetric period of pregnancy established by him.
Under normal condition
When a pregnant woman is doing well with her health and an ultrasound scan has identified one fetus, then, according to the law, she is given the opportunity to rest 70 days before the date of delivery expected by the doctor, that is after 30th week pregnancy. A pregnant woman must subtract 70 days from the expected date of birth, determined by the gynecologist.
With twins
If a woman has multiple pregnancies, when there are two or more children, then the legislator, understanding the complexity and difficulty of carrying, increased the period of leave before childbirth to 84 days... Twins in the belly of a pregnant woman give her the opportunity to start resting. from 28 week.
With pathologies
It is good when the mother and child are healthy, but often during pregnancy, doctors identify various pathologies that negatively affect their condition or threaten their lives. However, the legislator did not increase the period of leave before childbirth and left it at the same level. at 70 days. A woman with a pregnancy pathology will go on maternity leave at week 30.
But this does not in any way limit her right to inpatient treatment, in confirmation of which she will be given an ordinary certificate of incapacity for work.
In the Chernobyl zone
Clause 6 of Art. 18 "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" increases the usual prenatal leave up to 90 calendar days for women who live or work in a zone with the right to resettlement. They are guaranteed the implementation of health-improving measures outside the zone of radioactive contamination.
In hazardous production
The law does not provide for extended leave before childbirth for women working in hazardous industries. But this fact gives them the right, in the presence of a medical certificate and their own statement, to oblige the employer to reduce the norms of service and production or transfer to less harmful work.
Duration of rest
The duration of rest after delivery is determined by several criteria:
- how was the birth
- how many children were born,
- how long the delivery took place.
Under normal conditions
It is important to determine how the birth is determined without complications.
Normal childbirth is the birth of one full-term baby who had a head presentation, the head of the fetus matches the mother's pelvis, labor was unremarkable, and as a result, a healthy baby was born without obvious diseases and birth injuries.
In such cases, the postpartum leave will be extended 70 days and in conjunction with prenatal should be 140 days.
With multiple pregnancies or complications
If the delivery was accompanied by complications or several children were born, the period of postpartum rest increases.
According to the laws of our country, difficult childbirth includes situations when there were complications from the mother or her fetus. For example, tuberculosis, AIDS, diseases of the lungs and cardiovascular system, kidneys, diabetes, HIV infection, hepatitis and others.
In the presence of complications, the postpartum leave period increases up to 86 days and together mommy is resting 156 calendar days.
The legislator, realizing that it is difficult with one child, and even more difficult with two at once, gives their mother the longest leave. If multiple pregnancies were identified before delivery, then the total vacation period will be 194 days, 110 days are postpartum.
There are situations when right during childbirth it turns out that the fetus is not alone in the uterus. Then the total duration will still be 194 days, however, postpartum will already be 124 days, since, being pregnant, the woman did not walk the prescribed 84 days.
With premature birth
Complicated delivery includes premature birth and childbirth after extrapolar fertilization. It is important to understand that if preterm labor occurred during pregnancy up to 30 weeks, then in the case of the birth of a living child, leave is granted 156 days... Since it is unfair to deprive mommy of the 70-day prenatal leave she deserves, to which 86 postnatal days are added. If the fetus died, then only 86 postpartum days.
The birth of a child after the 30th week also entitles the young mother to an extended leave. In this case, another 14 days are added to the usual postpartum leave of 70 days (total 84 days). For this, an additional sick leave is issued.
Adopting a child: what kind of leave can you expect?
Adoption is a very important and crucial moment in the life of future parents and adopted children, which will radically change everything. Adopters, like real parents, are entitled to the postpartum part of the leave, when a newborn is adopted.
The law gives a woman the right, upon adoption, to go either on regular leave or to choose maternity leave. The number of vacation days is calculated in the same way. The period of leave starts from the moment of adoption of the child, confirmed by the relevant documents, and ends with the expiration of the period specified in the law from the date of birth of the adopted child.
The date when the adoptive parents go on maternity leave corresponds to the number indicated in the adoption certificate or the child's birth certificate, in case the adoptive parents want to keep the adoption secret.
The length of maternity leave depends on the number of children to be adopted. When the child is alone, the total amount of postnatal leave remains in 70 days if there are two children - 110 days... The prenatal part is not provided.
The main thing is to understand that the same principle works with adopted children as with relatives. If you are adopting a baby after 70 days of birth, you are not entitled to maternity leave, but you can use parental leave.
When to go to work?
No one can force a woman to go to work if she is on maternity leave, or to care for a child under three years of age. Only she can decide how to dispose of her right to decree.
No production necessity, no, even a formalized call to work, is optional for a woman. And punishment for failure to comply with the employer's order is, in principle, impossible. The law strictly protects the interests of mothers with children.
During the use of maternity leave by a woman, her position is retained for her. And she can only be dismissed if the organization with which she entered into an employment contract is liquidated. Yes, she can go out to work, but only if she wants to and at any time after giving birth.
The happiness of being a parent of a small child is not comparable to anything else. The first years are the most difficult and important for the baby. The state gives one of the parents the opportunity to observe, teach, develop and educate their child for three whole years. Do not give up this right.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
