Changes to the law on maternity leave. Maternity leave. Can the duration of maternity leave be increased?

About two types maternity leave This is what we'll talk about in this article:

1. Maternity leave
2. Parental leave from birth to 3 years.

Changes from July 1, 2016 and January 1, 2017.

IN this year the payment of maternity benefits has not changed, and all calculations will be made according to the old scheme. An increase in the amount of payments is also not expected, however, there are some nuances, the knowledge of which will be very useful for the expectant mother.

Maternity leave in 2017 new law does not change the main provisions, but there are amendments:

• a woman can leave work at her own request at 6.5 or 7 months of pregnancy;
• Depending on the conditions of pregnancy, the indicated periods can be adjusted;
• in case of multiple pregnancy, a woman has the right to leave service at 28 weeks, in case of poor living conditions - at 27.

In any of the above options, according to the law, the registration and calculation of benefits occurs on the basis of two main documents. This is a statement to the head of the enterprise and a sick leave.

According to the new rules, the application can be written in any form, but according to the established template. The application form must be provided at the place of work. This applies to the periods before and after the birth of a child.

Stages of maternity leave registration

1. Based on the submitted application, the manager issues an order. The maximum time for maternity leave has not changed - maternity leave period equals 264 days.

2. The amount of the benefit depends on the salary of the woman going on maternity leave. The assigned amount of upcoming payments may be changed in accordance with the laws in force in the Russian Federation. A preliminary calculation can be made using an online calculator using the formula:

The average monthly salary for the last 2 months is multiplied by 24 or 730 days to obtain the average daily value.

The benefit amount is equal to the maternity leave period multiplied by the resulting value (average daily earnings).

3. How is maternity leave paid? leave, if a woman is employed in 2 or more jobs at the same time, she is entitled to maternity benefits from all these organizations. An application for maternity benefits along with a package of all documents must be submitted to each organization.

4. The package of documents includes:

• sick leave issued for the entire period of incapacity;
• statement;
• certificate of registration early stages pregnancy (up to 12 weeks), otherwise payments can be calculated at the minimum rate;
• passport details and account details for calculating payments;
• if you have work experience in another organization, and maternity leave is issued after a short time of starting a new position, an income statement for 2 years must be provided.

5. Maternity leave calculation can be produced different ways, depending on the timing of leaving work, the amount of salary and the status of the expectant mother.

What types of maternity leave are provided for by current Russian legislation, what is their duration and how payments are made during the period of parental leave - this will be discussed in today's article.

In our country, maternity leave is usually called parental leave - a period granted to the mother, father or guardian of a child in connection with his birth. During such leave, not only workplace maternity leave, but payments are also made in accordance with the norms of labor legislation and social security legislation.

○ Timing: maternity leave before and after childbirth.

The concept of parental leave should be distinguished from sick leave for pregnancy and childbirth. Firstly, sick leave for pregnancy and childbirth is issued only to the mother of the child who is pregnant. This period is also called maternity leave before childbirth - however, this is nothing more than sick leave issued to a pregnant woman at a certain period before giving birth.

As a general rule, the period of sick leave is limited to 140 days - 70 days before childbirth and 70 days after childbirth. The specified period of incapacity for work is paid in accordance with the legislation regulating the payment of sick leave - that is, based on the woman’s total work experience and her average wages.

The period of sick leave can be increased to 86 days after childbirth if the delivery was accompanied by complications, which may include a caesarean section. If the pregnancy is multiple, that is, twins, triplets, or more are expected to be born more children, then the period of incapacity for work due to pregnancy and childbirth will be 84 days before the date of birth and 110 days after.

Such sick leave is issued at the antenatal clinic where the pregnant woman is registered. As a rule, the document is drawn up at 28 or 30 weeks of pregnancy, after which the sheet must be presented to the employer at the place of work expectant mother. Please note that sick leave must be completed correctly - otherwise there is a risk of non-receipt of payment or delay in payment of sick leave.

Parental leave can be granted immediately after the end of sick leave for pregnancy and childbirth.

○ Benefits for pregnant women before maternity leave.

You should know that a pregnant woman cannot be dismissed at the initiative of the employer, has the right to receive annual paid leave before maternity leave, cannot be sent on a business trip and cannot be required to work overtime.

○ Until how long is maternity leave paid:

✔ Up to 1.5 years.

So, parental leave for up to 1.5 years should be taken out at the place of work of the person applying for such leave.

By the way, the right to go on maternity leave can be exercised not only by the baby’s mother, but also by the father and even the grandmother.

As a rule, maternity leave for up to one and a half years, if the mother will take care of the baby, is issued immediately after presenting the sick leave certificate to the employer on pregnancy and childbirth. To be granted leave, you will need to write a corresponding application addressed to the employer, and only then provide HR officers with a copy of the baby’s birth certificate.

During the first one and a half years of a child’s life, parents or guardians who are on maternity leave can apply for payment in 40% of average monthly earnings.

The average monthly salary is calculated for 2 years, or those preceding maternity leave, or for another working period of similar duration. I will not go deeper into the calculation procedure - I will only say that the minimum amount of such payment in the current 2015 is 2718.35 rubles per month for the first child, and 5436.67 rubles per month for the second and subsequent children.

If a person on maternity leave was not employed on the date of going on parental leave, such a benefit can also be obtained from the social security authorities. To do this, you will need to present a copy of your work record book, information about income and other documents, the list of which can be clarified at the social security department at your place of residence.

One thing to take into account important point- payment of benefits for child care under 1.5 years of age begins not from the birth of the baby, but from the date of expiration of the maternity sick leave issued to the mother.

✔ Up to 3 years.

At the request of a person on maternity leave, parental leave can be extended up to 3 years. The basis for granting such leave will be the personal statement of the maternity leaver, written to the employer or to the social security authorities, if there is no main place of work.

After the child reaches the age of one and a half years, the payment of benefits in the amount of 40% of the average monthly salary ceases.

The amount of payment during maternity leave from 1.5 to 3 years will be a little more than 57 rubles per month - this is exactly the amount established by federal law.

As a general rule, when a child reaches 3 years of age, a person on maternity leave must begin his work duties. It is assumed that a child at this age should already have a place in a municipal or state preschool institution - in a kindergarten.

Term "maternity leave" not contained in current legislation. However, it is customary to refer to two types of leave at once - maternity leave and child care leave.

The new law on maternity leave was not adopted in 2017, so registration is carried out in the same manner. It is important to consider the procedure, conditions and release date.

Maternity leave period in 2017

The duration of maternity leave in 2017 is 140 days. Of this period, the woman rests 70 days before giving birth, and 70 days are allocated for recovery after the birth of the child.

The legislator establishes a number of situations in which the duration of leave is increased:

• If complications arise during childbirth, the number of days after childbirth increases to 86 days;
• When 2 or 3 children are born - 84 days before birth and 110 days after;
• When living in a radioactive area, the number of vacation days before the baby is born increases to 90 days.

In other cases, leave is granted in the standard manner.

Calculation of maternity leave in 2017 - benefit amount

The calculation of maternity leave in 2017 is carried out in accordance with Federal Law No. 255 of 2006, which establishes the amount of the benefit as 100% of the average salary.

Attention! If the insurance period (it is important not to confuse it with the worker) is no more than 6 months, then the benefit will be paid in the amount established in the subject of residence.

The following persons have the right to receive maternity benefits:

1. Women who have an official place of work and performed a labor function at the time of going on maternity leave.
2. Girls registered as individual entrepreneurs(since 2017). The amount of payments will depend on the amount transferred to the social insurance department.
3. Unemployed women who registered with the employment center before going on maternity leave.
4. Girls studying full-time at universities. The amount of the benefit is determined by the scholarship paid.

The law establishes a formula on the basis of which it is calculated how maternity leave is paid in 2017:

Benefit amount = average earnings (per day) * number of vacation days.

From the formula it is clear that the calculation will require knowledge of the average daily earnings (). To calculate it, you need to add up the wages for the last 2 years (respectively, income for 2016 and 2017), then divide by 731 (the number of days of work).

731 is a standard number that is not fixed and can change. It depends on the number of days worked. For example, if an employee took vacation at her own expense, then its duration is deducted from this number. This applies to periods of temporary disability and previous maternity leave (if any).

Unemployed women

Women who do not have an official place of work have the right to receive maternity benefits in the amount of 540 rubles. monthly. The average income of a non-working girl is 18 rubles. in a day.

Attention! Young mothers studying full-time at universities must apply directly to their higher education institution to receive payments.

If a woman was registered as an individual entrepreneur, but went bankrupt, or left her place of work during pregnancy (at her own request), then the amount of maternity benefit will be 100% of the average earnings for the last 2 years.

Taxation

Maternity benefits paid to women in 2017 are not subject to income tax - they are not charged insurance premiums. As before, the maximum and minimum payout amounts must be taken into account. They are established at the legislative level, and in case of violation, payments are made according to the accepted minimum and maximum standards.

So, the minimum benefit amount depends on the established minimum wage. So, in 2017 it is 8800 rubles. Based on this, the amount of payments is calculated:

8800 * 24 months/730 days*140 days = 40,504 rubles. This is the minimum payment that a woman can claim this year. It is important that the size of the minimum wage can be changed, but the calculation formula will not change, but the final values ​​will be different.

The maximum amount of benefits assigned in connection with maternity leave is 266.191 rubles.

Going on maternity leave

To go on maternity leave and receive benefits, the employee must contact the accounting department at her place of work (human resources department at her place of study or the dean’s office for female students, the social security department for the unemployed).

The first stage is drawing up an application. The legislator does not establish a uniform template, so it is drawn up in any form. In some organizations, the accountant provides an example.

Its structure and content:

1. "A cap". The position of the person for whose consideration the application is being submitted and his full name are indicated.
2. Title of the document. “Statement” is indicated in the central part.
3. Main part. The employee writes down a request for leave, accrual of benefits, indicates its duration and basis (details of the certificate of incapacity for work).
4. Date of application submission for review and signature.

The second stage is collecting a package of documents. List of required papers:

1. Sick leave (issued for the entire period of incapacity for work).
2. Certificate of income (issued by the accounting department for the last 2 years).
3. Details of the bank account to which payments will be credited.

Within 10 days from the date of filing the application, the employer must issue maternity leave and assign benefits.

Unemployed women

If an application for accrual of payments is submitted to the social security department, if the mother does not have an official place of work. The order of its compilation is no different, but the list of documents looks different:

1. Photocopy of the applicant's passport.
2. Photocopy.
3. A certificate received from the employment center indicating non-receipt of payments.
4. Certificate of birth of the baby.
5. A certificate issued at the father’s place of work confirming that he has not received benefits.

As in the previous situation, the decision on payment of benefits is made within 10 days.

What do you need to know? Replacing periods

A woman going on maternity leave can replace periods labor activity, used to calculate benefits. When it is necessary? For example, an employee recently returned from her first maternity leave and immediately announced that she was pregnant again. In accordance with general rule, to calculate benefits, wages received over the previous 2 years are used. It will be small, since the employee did not perform a labor function.

In this case, she can write a statement indicating a request to replace 1 or 2 years at once for calculating maternity payments with earlier periods. It is submitted to the employer when submitting an application for maternity leave and sick leave. If a woman does not independently draw up and submit an application for a change of periods, then the benefit will be calculated in the standard manner.

A woman planning to go on maternity leave should know several nuances:

• The second part of the vacation is processed separately. It is recommended to do this as soon as possible after returning from the maternity hospital. By agreement with the employer and the procedure adopted in a particular organization, the application can be drawn up for two at once;
• The validity period of the employment contract does not change when going on maternity leave; the employer does not have the right to fire a pregnant woman or a woman with a child under 3 years old. If the validity expires while you are on maternity leave, it is automatically extended for its entire duration;
• In a standard situation, a woman goes on maternity leave when she is 30 weeks pregnant. If it’s still a long way off, but it’s already hard to work, then the employee can go on vacation paid by the employer. If it has already been used in the current working year, then leave for the next year is issued in advance. The employer does not have the right to refuse to provide it to pregnant employees.

So, to go on maternity leave, you will need to draw up an application, collect a package of documents and submit them to the employer for consideration. The amount of maternity payments is determined by a formula established at the legislative level.

The law on maternity leave is regulated by Art. 255 Labor Code Russian Federation. The rights of a pregnant woman during the period before and after childbirth are spelled out here. Labor Code: maternity leave is the period before and after childbirth.

Maternity leave is normally possible 70 days before giving birth. However, provided that a woman is pregnant with twins, she goes on maternity leave 84 days before giving birth. When determining the timing of prenatal leave, the place where the pregnant woman lives is taken into account. If this is a radiation-prone area, the pregnant woman will go on vacation 90 days before the birth of the child.

After the baby is born, it is time for postpartum leave, which lasts from 70 to 110 days. It depends on the severity of the birth and the number of children born. It is worth understanding that payment for these days is made through compulsory health insurance. It is accrued according to the certificate of incapacity for work issued at the antenatal clinic.

When does the right to maternity leave arise?

Interestingly, a woman receives the right to maternity leave not when she becomes pregnant and registers, but when she reaches 30 weeks from the start of pregnancy. It is worth saying that the employee has the right to add her next labor leave to maternity leave.

Pregnant women must remember that the right to motherhood is protected by the state, therefore their dismissal is unacceptable, including while on maternity leave.

Calculation of payments

It should be noted that maternity leave is divided into two stages: before childbirth and after. Despite this, cash the woman in labor receives it in full immediately. The final amount depends on the average income during the two years before the birth. This calculation rule has been in effect since 2015. A new maternity leave law came into force in January. It has been documented since January 2011, but until January 2015 it was not actually applied. The 2010 calculation scheme was in effect, according to which the average income for one year was taken into account when calculating maternity benefits. From 2011 to 2015, women were given the right to independently determine under which benefit scheme they would receive benefits. Many have applied for recalculation of maternity leave in connection with new scheme calculation.

The new system for calculating maternity benefits was not beneficial for everyone. If a woman's salary increased by Last year, then, of course, it would be beneficial for her if only this period were taken into account. The system turned out to be not very convenient for women who, after their first child, immediately planned to have a second one. In this case the best option It will be possible to return to work before the expiration of the previous maternity leave, otherwise the calculation will be based on the minimum cost of wages.

When calculating maternity benefits, the amount for two years is deducted sick leave, time spent on parental leave.

In addition to monthly payments, the law provides for the receipt of a one-time benefit. To do this, you should contact social protection with a certificate from the registry office and the other parent’s place of work, which will confirm that he did not receive such benefits. One-time benefit can be obtained no later than 6 months from the date of birth of the child. Another measure of social support is maternal capital. A woman receives it at the birth of her second child. This cash payment has strict restrictions on what needs these funds can be spent on.

A pregnant woman should remember that after the birth of a child and when she reaches 1.5 years old, she will receive a benefit in the amount of 40% of her salary. Those who have a small salary should not be upset right away, because by law the amount cannot be lower than the established one. If there are two children, then the benefit is summed up, but cannot be more than 100% of monthly earnings.

The 2015 law also speaks of exceptional cases when a woman’s work experience at the time of going on maternity leave does not exceed 6 months. Then she receives benefits in accordance with the minimum wage. It is worth remembering that if a pregnant woman worked in several organizations for two years before going on maternity leave, then each organization is obliged to issue a maternity pay. In the future, only one organization makes monthly payments.

An increase in the period of parental leave is today provided for by regional legislation in many areas. These are Voronezh, Ivanovo, Kemerovo regions, Trans-Baikal Territory, the Republic of Adygea and many other regions, the circle of which is gradually expanding. Foreign citizens living on the territory of the Russian Federation will also not find themselves without social assistance in the event of pregnancy. In addition to working women, students of universities, technical schools, vocational schools, and other secondary and higher educational institutions will also receive maternity benefits.

Today, the state provides for filing an application electronically through the government services website. Thus, at present, women who are planning a pregnancy are under the protection of the state, so they can safely fulfill their dreams and give birth to children. In Russia, motherhood and childhood have always been supported, and today the most vulnerable sections of society are protected. The state is trying to improve the legislative system so that maternity payments increase rather than decrease.