The concept of maternity leave causes a twofold sensation. On the one hand, these are pleasant troubles associated with the appearance of a small man, on the other hand, many incomprehensible moments, especially in pregnant women with first-born. Many of them do not know when they go on maternity leave, how to apply for it, what kind of payments and how much they can get.
Legal Aspect of the Issue
According to some, the decree includes maternity leave, as well as childcare. Under the law, however, these are two different concepts that have their own specific features. Maternity leave is a vacation that is given to every woman only on pregnancy and childbirth. Women's rights are regulated by the Labor Code, which states that the number of vacation days is the same for all and is a total of 140 days, which consists of two periods, regardless of the age and length of the labor.
Before giving birth:
• with pregnancy by one child - 70 calendar days of leave;
• with pregnancy by two or more children - 84 calendar days of leave.
After childbirth, the legislation stipulates:
• at the birth of one child - 70 calendar days;
• at delivery with complications - 86 calendar days;
• if two or more children are born, 110 calendar days.
In the case of preterm labor, the "lost" days before birth are automatically added to the postpartum period of 70 days.
The financial side of the decree
Maternity leave is paid in accordance with the legislation of the Russian Federation. The allowance, which is prescribed by law, the woman receives at the place of work or study, it is equal to the average level of wages for twelve months worked in one place. In addition to benefits, each woman has the right to other mandatory payments, fixed by law and not dependent on monthly income. To all this during the vacation after her, the place of work remains and the length of service is not interrupted . Dismissal is possible only with the liquidation of an enterprise or with subsequent employment in another company. When a woman who is on maternity leave is dismissed from her job, she has the right to sue, restore rights and receive material compensation. If officially the pregnant woman does not work, then she can use the financial means provided by special social services. The main document that allows you to receive cash assistance is a list of incapacity for work, it should be obtained at the 30th week of pregnancy in a women's consultation and presented to the accounts department of the enterprise whose employee it is.
How to apply for maternity leave?
Registration of maternity leave should begin with writing an application addressed to the head of the company and providing a sheet of incapacity for work. The hospital certificate issued in the consultation should be checked by yourself to avoid a return. It must be specified the term of the decree - not less than 140 days, as well as the dates of its beginning and termination. In childbirth with complications, a woman has the opportunity and the right to extend maternity leave: for this she needs to receive the second sick leave sheet in the personnel department of the employer's company. Also, a woman, at her discretion, has the opportunity to join her annual leave to a maternity leave , but her experience does not matter.