The granting of maternity leave is regulated by the Labor Code of Russia. The employer is obliged to arrange maternity leave for the employee who applied with the application and sick leave for pregnancy and childbirth.
How long is maternity leave? Do not confuse maternity leave - maternity leave and parental leave for up to 1, 5 and up to 3 years old, which comes immediately after the maternity leave.
The duration of normal maternity leave is 140 calendar days (70 days before delivery and 70 after). This deadline is set for women who are expecting one child.
If a woman bears twins, triplets, etc., then she is entitled to 194 days of vacation in total, and she goes on maternity leave 84 days before giving birth, the rest of the days she walks after giving birth. In the event that twins (triplets, etc.) were found only during childbirth, the woman is entitled to 54 additional days to 140 normal (total also 194), and these 54 additional days are added to the period after childbirth.
An employee can also count on additional days of maternity leave in case of complicated childbirth.
What payments are due to women in connection with going on maternity leave? The maternity allowance is paid in the amount of the average earnings for the last two years of work. In this case, the experience must be at least 6 months.
Who can qualify for maternity leave? The basis for the leave for variability and childbirth is a statement and sick leave. Sick leave for pregnancy and childbirth is issued to citizens of the Russian Federation and foreign women who live and work in Russia (with the exception of foreign highly qualified specialists).
In connection with the adoption of children, maternity leave is also entitled, unless 70 days have passed since the birth of the adopted child. That is, a woman who adopts a child goes on maternity leave from the moment of adoption until the baby is 70 days old.
What is the procedure for obtaining maternity leave? Going on maternity leave is formalized by order of the employer on the basis of the employee's application and the sick leave provided by her. Sick leave is issued at the 30th week of pregnancy for 140 days if a woman is pregnant with one child or at the 28th week of pregnancy for 194 days if a woman is pregnant with two or more children.
The leave begins on the day specified in the employee's application. If a woman provides the employer with a sick leave later than the date of its opening, the leave is calculated from the moment of filing an application and sick leave until the day the sick leave is closed.
Is it possible to get out of the decree ahead of schedule? Early exit from maternity leave is possible only at the initiative of the employee. The employer does not have the right to recall employees from maternity leave.
In this case, a woman can ask for an early exit from the decree and grant her parental leave. And the employer is obliged to provide such leave and calculate the care allowance. Or the woman can immediately go to work. At the same time, the maternity allowance, which she received before going on maternity leave, remains with her. The employer does not have the right to keep him even if the FSS does not reimburse him for the costs of the benefits paid for the period in which the woman actually went to work.
A woman may not take maternity leave at all and continue to work and receive a regular salary.
