Maternity leave: how to calculate, to issue and receive payments
Work And Study / / December 25, 2019
What is maternity leave?
In November 1917, the People's Commissars of the RSFSR adopted a decree "On maternity leave". Since then, the period when the woman is ready for motherhood and caring for a newborn, popularly called maternity leave, or decree.From a legal point of view, the Decree is divided into:
- parental leave (may take only the expectant mother).
- child care leave (or dad can take, for example, the grandmother).
Both are provided and paid only if the work is official and the employer makes contributions to the Social Insurance Fund.
At the time of maternity leave, the woman saved her place of work.
How long is maternity leave?
Expectant mother need to prepare for the birth and care of the newborn requires a lot of time and effort. As measures of social support, the State guarantees women workers the right to maternity leave (BIR).Maternity leave and maternity leave is made up of pre- and postnatal period. Expected delivery date set gynecologist. The doctor also writes a hospital maternity.
Typically, in the decree goes on the 30th week, and the corresponding leave is 140 days.
In some cases, a woman can go on maternity leave earlier, while its duration will be longer.
When the woman of adoption is granted only part of the post-natal leave Bir - 70 days per child and 110 on two or more.
To extend the postnatal leave of the BIR, it is necessary to issue another hospital, and to write a letter to the employer.
Can I still extend maternity leave?
To leave BIR can attach normal. According to article 260 of the Labor Code, a planned vacation can be taken:- before going on maternity leave (30 weeks of pregnancy);
- after vacation of BIR (after 140 days);
- after the leave for child care.
It does not matter whether the woman in the organization for six months and worked on what date to put it in the schedule of holidays.
How to make maternity leave?
To go on maternity leave, you need to write statement to the Director.The cap application should indicate full name and the position of the head, as well as the name of the sender. The text should appear, please provide leave Bir (with dates on the basis of the hospital) and assess required benefit. In the end - signature and full name and date. To the document you need to make a sheet of disability.
On the basis of the statement is published in the organization of the order granting parental leave. A woman meets him under signature. But for 10 days she charged fiat.
How to pay for maternity leave?
Before leaving on maternity leave, a woman receives a corresponding benefit.Maternity leave is paid at the same time and in total for all the days of vacation.
Maternity leave (PPBiR) is 100% of average earnings for the two years prior to the decree. It is calculated using the following formula:
PPBiR = income for 2 years before the decree / 730 or 731 days × the number of days of the decree.
The average salary should not exceed the maximum set by law: in 2015 this figure amounted to 670 thousand rubles, in 2016 - 718 000 rubles. In addition, the total number of days in the biennium excludes sick leave, vacation at his own expense, time off and other periods in which an employee has not accrued premiums.
Calculate your maternity leave, you can use calculator on the website of Social Insurance Fund. Since maternity is calculated on the basis of the hospital, the calculation is carried out for the payment certificate of incapacity.
What other benefits and allowances laid moms?
In addition to maternity, the woman is entitled to expect a few more benefits (plus maternity capital for the second child and subsequent).- Benefit at statement on the account in the early stages - 613 rubles (as of February 2017). Paid together with the benefits of BIR, if a woman went to the doctor until 12 weeks of pregnancy and a relevant application to the employer.
- Allowance at birth - 16 350 rubles (as of February 2017). Lump sum is paid to one parent. If the mother prepares, it must submit an application to make child's birth certificate and a certificate that the father did not use the tool.
- Allowance for child care up to one and a half years at a rate of 40% of average earnings.
Who can take leave for child care?
At the end of the Bir woman leave may take leave for child care or to go to work. In the latter case, the leave for child care can also arrange dad, grandmother or other relative, who will sit with the baby. They can receive benefits.Leave for child care can last until the baby of 3 years, but only paid for the first 1.5 years.
In the period from 1.5 to 3 years old is paid monthly compensation - 50 rubles.
The algorithm for calculating allowances for child care (PPUR) similar to the following:
PPUR = income for 2 years before the decree / 730 or 731 days × 30,4 × 40%.
In this case, the same restrictions as in the calculation of Bir benefits.
Apply for aid for child care can be for 6 months from the date when the child turned eighteen months. Right on it is retained even if the return to work part-time or take work at home.
How to make a vacation for child care?
To go on leave for child care and receive appropriate benefits, you need to write statement employer and attach to it:- birth certificate (adoption) of the child;
- a certificate stating that the other parent, or neither parent receives PPUR;
- an income statement from his former place of work (if it has changed in the last two years);
- certificate of employment in combination, there PPUR not be allocated (if the employee is a pluralist).
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Whether to dismiss a woman on maternity leave?
According to article 261 of the Labor Code, an employer may not terminate the employment contract with pregnant women and women on maternity leave.A woman on maternity leave can not be dismissed, even if the employment relationship were temporary: fixed-term employment contract is extended until the end of the holiday according to BIR.
Exception - the liquidation of the organization. But even if the company would collapse, my mother will be able to collect all benefits through the Social Security authorities.