Sick leave for pregnancy and childbirth, more commonly known as maternity leave in everyday life, must be paid on time. However, it happens that the employer violates his obligations, and women find themselves in a difficult financial situation.
Instructions
Step 1
The terms of sick leave payment are stipulated by the federal legislation of Russia, in particular by the first paragraph 15 of article of the Federal Law No. According to this regulatory act, the sick leave must be calculated no later than 10 calendar days from the date the established documents are submitted to the employer.
In the next payment of wages from the moment of payment, the amount of maternity wages must be paid to the employee in full, that is, for all 140 days.
Step 2
In the event that the funds were not paid, or were paid only partially, the usual expectation does not solve anything. From the first day of violation of the payment deadline, the employee has the right to write a complaint to the appropriate authorities. However, the best solution is to start by complaining to your own employer.
Step 3
The complaint must be formalized: draw up a letter in duplicate, register with the secretary as an incoming document. In the complaint, it is imperative to indicate the date when the documents were provided for calculating benefits, the date from which the employer violates the law by delaying payment, and the time period during which you are ready to wait before contacting further authorities. You determine the term yourself, since the terms stipulated by the legislation have already been violated.
Step 4
If, after the expiry of the period specified in the complaint, the employer has not paid the entire amount of the maternity allowance, you can contact the Federal Labor Inspectorate. Upon your request for a delay in the payment of maternity benefits, an audit will be carried out and an order will be issued to eliminate this violation. This is usually enough for the amount to be paid to the employee in full.
Step 5
If the employer continues to refuse to pay benefits, and the delay has exceeded 2 calendar months, you can resort to more serious measures. In this case, at your discretion, it is possible to file a complaint with the prosecutor's office about a violation of Art. 145.1 of the Criminal Code of the Russian Federation (Failure to pay wages, pensions, scholarships, benefits and other payments), or you can file a statement of claim in court. When filing a claim with the court, additional costs and legal costs will not arise - the state duty is not charged on claims for late payments from the employer.
