At the 30th week of pregnancy, a working woman must go on paid maternity leave. In this article, we will tell you what kind of documents you need to do for this, and also submit sample applications for maternity leave.
- What is maternity leave and childcare?
- Provision of maternity leave under the Labor Code of Russia
- care in maternity leave
- Application for maternity leave: a sample
- order on the application for maternity leave from the employer
- maternity leave calculation
- maternity allowance for leavePregnancy and childbirth
- How to extend maternity leave?
- Video: "Legal advice: maternity leave»
What is maternity leave, and parental leave?
Maternity leave was introduced in 1917 in order to protect the rights of working women. It is divided into two parts:
- Maternity leave. How long is the vacation and sick leave due to pregnancy and childbirth? Its duration is 140 days, if the birth was normal, and the woman gave birth to a single baby. If the mother was at once a mother of two or more children, then the period of maternity leave in this case is 196 days. In turn, this vacation is also divided into two parts:
- prenatal - 70 days;
- postpartum - 70 days or 126 days.
- Childcare leave begins after maternity leave and lasts 3 years. If desired, a woman can go to work earlier.
Provision of maternity leave under the Labor Code of Russia
In Art.255, 257 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ, as well as other federal laws and regulations of Russia, describe the requirements that a pregnant woman must meet in order to receive the due payments. The essence of these requirements is that a woman must necessarily be employed.
The laws also describe the objective factors affecting the future mother's ability to work:
- It is extremely difficult for a pregnant woman to perform her labor duties on a late date.
- For 10 weeks, the future mother needs time to prepare for childbirth.
Care for maternity leave
To apply for maternity leave, a woman needs to write a statement and attach a sick leave( a disability sheet) to it in the women's consultation, in which the mother is registered. On this basis, the head of the enterprise in which the woman works, must make an order for maternity leave.
It should be noted that the woman did not pay for sick leave in a timely manner, to her it will be discharged later date. However, the decree in any case will be counted from the 30th week.
Below we have attached sample documents for you, how to apply for maternity leave in 2017.
Maternity leave application: sample
In a maternity leave application, the pregnant woman must state in writing or in print her desire to go on maternity leave. Note that if a woman feels well and does not want to leave work, then she may not write a statement when she receives a sick leave sheet.
The application is written in an arbitrary form, but, as a rule, it includes such basic components:
- Indication from someone( it is necessary to write here the full name and position).
- Document name.
- Immediate request for maternity leave with dates indicated on the sick leave sheet.
- Please calculate the allowances( it is not necessary to write in the application, but at the request of the applicant it is possible).
- Indication of a convenient way of transferring funds( as a rule, payment is made on a salary card).
- List of attached documents:
- sick leave;
- certificate from a female consultation on early registration for pregnancy.
- Date, signature, full name of the applicant.
An indicative sample can be viewed here:
Order on the application for maternity leave from the employer
The order for granting maternity leave to the woman in childbirth is made in the same way, in an arbitrary form, however it always contains such data:
- Details of the organization.
- Document title( order).
- The essence of the order is the granting of maternity leave to the woman, with the dates of the beginning and the end dates( the dates are indicated on the basis of the sick leave sheet).
- An indication of the payment of cash benefits.
- List of documents on the basis of which the order was made:
- statement of the employee;
- sick leave;
- certificate from the gynecologist.
- Position, signature, name of the head of the organization, date.
- List of acquaintances - here should be indicated all the names of those people who should be acquainted with the order. This is usually one woman in childbirth.
We present you a sample order for maternity leave:
Calculation of maternity leave
The calculation of the allowance is made by the management of the enterprise where the pregnant woman is working, on the basis of her application and the sick leave sheet within 10 days after the treatment. The money is paid on the day of the nearest salary. If you need to add the number of days on the sick list, the head of the institution will have to add the required amount after the fact.
Payment can be calculated from:
- Employer funds, which can do this solely to reduce transfers to the Social Insurance Fund( FSS).
- of the Social Insurance Fund, but only if the company that employed the woman was closed for some reason.
Maternity leave ordinance
The maternity allowance is paid out one-time. Its size is 100% of the average salary for two full years of working life of a pregnant woman. Here will be taken into account:
- Periods when a woman was disabled.
- The day when the pregnant woman was going to go on maternity leave.
- Holidays in which a woman left at her own expense without pay.
- The days that are paid if the woman went on leave for caring for a disabled child.
We present you the detailed scheme how to calculate the payment of maternity:
- The total amount of earned money for 2 years should be divided into 730 days. So it turns out to determine the size of the average salary.
- The resulting figure must be multiplied by the number of days provided for by the sick leave sheet.
How to extend maternity leave?
If a pregnant woman has had unforeseen complications on parental leave or childbirth, the second part of the maternity leave will be increased by several days. Only for this purpose the woman will need to take in the hospital one more sheet of incapacity for work, in which the reason proving the right to extend the maternity leave and increase the size of the insurance payment for pregnancy and childbirth will be stated.
A woman will need to write another application for maternity leave on the basis of this document.
Use all the benefits that the state provides to you as a social support for pregnancy. But do not forget to draw up the necessary documents in a timely manner so that there are no problems with payments.