Every woman who lives and works in Russia has the right to be granted maternity leave. At the same time, she must receive all the benefits due in this case in a timely manner.
Terms of payment of benefits
When going on maternity leave, the expectant mother should be aware of what types of payments she is entitled to, and when the benefits should be transferred. It is important to understand that all maternity leave is divided into several parts, for each of which different payments are provided.
At the 30-week gestation period, the expectant mother receives a sick leave at the antenatal clinic, which she must submit to work at the same time as applying for leave related to her pregnancy and childbirth. Sick leave is issued for a period of 140 days. In case of complicated childbirth or if several babies were born to the employee at once, she has the right not to extend the sick leave.
This type of leave must be paid within 10 days after the woman brought a sick leave to work. If the employer fails to pay the money within this period, he is obliged to transfer all funds no later than the day of the next payment of wages.
Small companies may not have such an amount at the time of filing an application, but in this case, the manager must contact the Social Insurance Fund in order for the money to be paid to the employee directly. The allowance is paid once for all 140 days of vacation. It is necessary to take into account 100% of a woman's average daily earnings for the previous 2 calendar years.
After graduating from sick leave, a young mother has the right to write an application for leave to care for a baby up to 1, 5 years old and receive a monthly allowance in the amount of 40% of the average monthly earnings. This type of cash payment must be transferred to the employee every month at the same time when the rest of the employees receive their wages.
If the employer does not pay the benefits on time
Sometimes it happens that maternity benefits are severely delayed or not paid at all. For a pregnant woman or a young mother, this is a lot of stress. But she should know that the law is on her side and she can always defend her right to receive benefits.
If the funds were not paid within the specified time frame, the employee can contact the Labor Inspectorate. In some cases, this leads to a certain result. If the employer stubbornly refuses to pay benefits, the woman can go to court. At the same time, she has the full right to compensation for moral damage and recalculation of the amount due to her in accordance with the refinancing rate.
If benefits are not paid for 3 or more months, then the employee can contact the law enforcement agencies. Currently, such actions of the head may entail criminal liability.