Maternity leave and the hassle associated with its registration

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The concept of maternity leave is ambiguous. On the one hand, these are pleasant chores associated with the appearance of a little man, on the other hand, there are many incomprehensible moments, especially for pregnant women with their first children. Many of them do not know when they go on maternity leave, how to apply for it, what payments and in what amount they can receive.

Legal aspect of the issue

According to some, the decree includes maternity leave, as well as parental leave. According to the law, these are two different concepts that have their own specific features. Maternity leave is a leave granted to every woman only for pregnancy and childbirth. Women's rights are regulated by the Labor Code, which states that the number of vacation days is the same for everyone and totals 140 days, which are made up of two periods, regardless of the age and experience of the woman in labor.

Before childbirth:

• when pregnant with one child - 70 calendar days of vacation;

• When pregnant with two or more children - 84 calendar days of leave.

After childbirth, the law requires:

• at the birth of one child - 70calendar days;

• for childbirth with complications – 86 calendar days;

• if two or more children are born - 110 calendar days.

In case of preterm birth, the "lost" days before delivery are automatically added to the postpartum 70 days.

Financial side of the decree

Maternity leave is paid in accordance with the legislation of the Russian Federation. The allowance stipulated by law, a woman receives at the place of work or study, it is equal to the average wage for twelve months worked in one place. In addition to benefits, every woman has the right to other mandatory payments fixed by law and not dependent on monthly income. To all this, during the vacation, she retains her place of work and does not interrupt her seniority. Dismissal is possible only upon liquidation of the enterprise or with subsequent employment in another company. When a woman on maternity leave is dismissed from her place of work, she has the right to sue, restore her rights and receive financial compensation. If the officially pregnant woman does not work, then she can use the financial resources provided by special social services. The main document that allows you to receive cash benefits is a certificate of incapacity for work, it should be obtained at the 30th week of pregnancy at the antenatal clinic and presented to the accounting department of the enterprise of which she is an employee.

How to apply for maternity leave?

The registration of maternity leave should begin with writing an application addressed to the head of the company and providing a certificate of incapacity for work. The sick leave issued in the consultation must be personally checked in order to avoid a return. It must necessarily indicate the term of the decree - at least 140 days, as well as specify the dates of its beginning and end. During childbirth with complications, a woman has the opportunity and the right to extend maternity leave: for this, she needs to submit the received second sick leave to the personnel department of the employer's company. Also, a woman, at her discretion, has the opportunity to add her annual leave to her maternity leave, while her experience does not matter.