Maternity leave is granted to a woman in connection with her pregnancy and the subsequent birth of a baby. On the basis of the documents provided, the employer is obliged to calculate the amount of the allowance and pay it to the pregnant employee.
Maternity leave
Every working pregnant woman has every right to grant her maternity leave at the place of work. The employer is obliged to pay the corresponding allowance.
All maternity benefits paid to the employer are returned by the Social Insurance Fund, since the employee's pregnancy is in this case an insured event.
Maternity leave consists of maternity leave and the following leave to care for a baby up to 1, 5 years old. If a woman wishes, she can extend the leave until the child is 3 years old, but during this period she will receive a purely symbolic benefit equal to 50 rubles.
Maternity leave occurs when the employee's pregnancy is 30 weeks. A pregnant woman can take a sick leave of the established form in the antenatal clinic and bring it to work. In terms of its duration, the vacation must be exactly 140 days. If childbirth was difficult, with complications, or if a woman became the mother of several babies at once, the vacation should be slightly increased. To extend it, the employee must bring a certificate from the maternity hospital to work.
The amount of vacation pay will depend on what salary the woman received before she went on maternity leave. In this case, her income for the previous 2 calendar years should be taken into account. For example, if a woman goes on maternity leave in 2014, then her average monthly income for 2012 and 2013 will be taken as a calculation.
The employer is obliged to transfer maternity benefits to the employee within 10 days after she wrote the corresponding application to the personnel department and attached all the documents to it. As a last resort, the money can be transferred in the near future, when all other employees will be paid wages. The allowance must be paid in a lump sum for 140 vacation days. If the young mother brings a certificate providing the opportunity to increase the vacation, then the additional payment will be made later.
Holiday to care for the child
After the maternity leave ends, a woman can go on leave to care for a baby up to 1, 5 years old. During this period, the allowance must be paid at the rate of 40% of the average monthly earnings. A young mother will not be able to receive this money at a time. The accountant will charge it every month until the employee's child turns 1, 5 years old.
The amount of this allowance will be calculated based on the size of the salary of a young mother for 2 calendar years preceding the moment the vacation begins.
If the employer does not want to pay the young mother the benefits due to her under the law, the woman has the right to go to court. After the judgment is rendered, the bailiffs will oblige the company to make all the necessary payments.
If the company in which the pregnant woman works goes bankrupt or ceases to exist for some other reason, she will still receive all types of benefits due to her. Only in this case, she will need to apply not to the employer, but directly to the Social Insurance Fund.
If a woman did not work anywhere before she went on maternity leave, then she can only count on child support, which she will receive until he reaches 1.5 years. The amount of the allowance is fixed and you can get it through representatives of social structures. In this case, the allowance is due immediately after the birth of the baby.
