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Registration of maternity leave, step-by-step procedure. How many days does maternity leave last?

In fact, maternity leave consists of two parts.

First, on pregnancy and childbirth, lasts 70 days before birth and another 70 after it. If you are expecting two or more babies, the duration of the vacation increases to 84 and 110 days, respectively.

Benefit, paid for pregnancy and childbirth since 2012, is paid based on the woman’s average earnings over the last two years.

In this case, periods of temporary working capacity, including those due to previous maternity leave, are not taken into account in the calculation.

Thus, women who have not worked in the last two years or who have a low official salary find themselves in an unfavorable situation. If your work experience is less than six months, the benefit amount is calculated taking into account the minimum wage.

If the family cannot hire a nanny, and grandparents cannot look after the child, the young mother will have to immediately go on her next vacation: for child care.

You can stay there until the child reaches 3 years of age, during which time you will retain your job, however child benefit in the amount of 40% of the monthly maternity benefit is paid only for the first 1.5 years.

From 1.5 to 3 years, compensation in the amount of 50 rubles is awarded for each day spent on maternity leave.

Parental leave can be taken not only by the mother, but also by another family member (father, grandmother, grandfather, etc.). True, in the countries of the former USSR this is rarely practiced.

When going on maternity leave, do not forget to prepare package of documents: Otherwise, there may be problems with receiving payments.

At 30 weeks in the antenatal clinic you will be given a certificate of incapacity for work; it must be provided to the employer along with a free-form application for benefits.

To the list of documents required to take three years of parental leave, included: application, birth certificate (if you have other children, then their certificates will also be required) and a certificate from the second parent’s place of work, certifying that he did not go on a similar leave.

And know that during both maternity leave and childcare leave, you will under no circumstances can't fire. If this happens, you have every right to appeal to the Labor Inspectorate and the court. An exception is the case of liquidation of a legal entity.

How not to ruin your relationship with your employer?

Of course, few business owners will be happy about the temporary incapacity of a valuable employee. Therefore, it is sometimes very difficult to choose the right strategy of behavior when informing management about an upcoming joyful event for you.

There is no legal deadline, for which you must inform your superiors about your pregnancy. Formally, this can be done at the thirtieth week, after receiving a certificate of incapacity for work at the antenatal clinic.

However, it is better to gather your courage and inform your manager earlier: this will give time to calmly find a replacement for you during the vacation period and transfer the matter without haste.

If the relationships within the team are not too close, there is no need to rush to share news, at least until the end of the first trimester. It is unlikely that washing bones will contribute to your peace of mind.

The new status gives you some rights. Now not only can you not be fired. If a fixed-term employment contract expires soon, it must be extended.

Women working in hazardous work can be transferred to another department while maintaining the same salary, and, if desired, can be transferred to part-time work (although in this case the salary is proportionally reduced).

Also keep in mind that pregnant women It is prohibited to send on business trips or call to work at night, weekends and holidays.

Triumphant return

It is very important during the time spent on maternity leave, do not lose professionalism. After all, even a minor break affects your skills and abilities, let alone several years spent away from the workplace.

To avoid going back to work as a stressful experience, try to stay up to date with what's happening in your industry. Despite the small amount of free time, the young mother It’s worth finding time to review the news and read professional literature.

Keep in touch with colleagues: this way you will be aware of the situation in the company and after leaving you will be able to choose the right strategy of behavior.

After returning from maternity leave, Don’t overload your colleagues with stories about your child’s life. It is clear that the baby is the most important thing for you, but not everyone will be pleased to hear stories about how the child eats or goes to the toilet.

Better prove yourself as a professional, for whom a break from work was not an obstacle to achieving new horizons.

E.A. Shapoval,
Leading Lawyer

An employee on maternity leave can bring new sick leave for maternity leave (maternity leave). Then she needs to re-register one type of vacation to another.

We arrange the transition from maternity leave to maternity leave

You cannot provide two maternity leaves at the same time

An employee cannot be on parental leave and maternity leave at the same time. e Articles 255, 256 of the Labor Code of the Russian Federation; clause 20 of the Resolution of the Plenum of the Supreme Court of January 28, 2014 No. 1. It is also impossible to pay child care benefits for children up to one and a half years and maternity benefits at the same time. e Part 4 Art. 13 of Law No. 81-FZ dated 19.05.95 (hereinafter referred to as Law No. 81-FZ); Part 3 Art. 10 of the Law of December 29, 2006 No. 255-FZ (hereinafter referred to as Law No. 255-FZ). Therefore, a woman must choose which leave to use.

We re-register maternity leave

We tell the employee

Maternity leave is more profitable, since the amount of the benefit is greater than the amount of child care benefits m Part 1 Art. 15 of Law No. 81-FZ; Part 1 Art. 11 of Law No. 255-FZ.

Maternity leave must be taken out and benefits paid to a woman on maternity leave for the period specified in the employee’s application and sick leave. But provided that she submits an application and sick leave no later than 6 months from the end of maternity leave m Part 2 Art. 12 of Law No. 255-FZ.

If a woman, while on maternity leave, applied for maternity leave later than the date specified in the maternity leave, and you have already paid her child care benefits, then only pay the difference between the pregnancy benefit and the care benefit .

If a woman has chosen maternity leave, then do so.

Step 1. Ask the workers s Art. 255 Labor Code of the Russian Federation; Part 5 Art. 13 of Law No. 255-FZ:

an application for termination of parental leave and payment of benefits (if it is still paid) and for the provision of maternity leave and payment of maternity benefits and benefits for registration in the early stages of pregnancy (if it is due).

The application form has not been approved. It can be composed like this.

General Director of Constanta LLC
Gusev K.V.
from the seller
Skripkina Olga Ivanovna

Statement

I ask you to stop my maternity leave before he reaches the age of 3 years and the payment of child care benefits from April 24, 2017.

I ask you to grant me maternity leave for 140 calendar days from April 24, 2017 and to pay the appropriate benefit for this time.

I also ask you to pay me an allowance for registering in the early stages of pregnancy.

I am attaching to the application:
- certificate of temporary incapacity for work dated April 24, 2017;
- certificate of registration in the early stages of pregnancy dated 04/24/2017.

O.I. Skripkina

certificate of temporary incapacity for work;

a certificate from the antenatal clinic about registration in the early stages of pregnancy (if There is) Art. 10 of Law No. 81-FZ; clause 22 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

We tell the employee

If it turns out that a woman who worked part-time on maternity leave, the amount of maternity benefit for the second maternity leave will be less than the benefit for caring for her first child until she reaches the age of one and a half years, she can receive a care benefit for the child, because it is more profitable for her. And only after that go on a second maternity leave. The second maternity leave will be paid only for the time remaining before its end.

Step 2. Issue an order to terminate parental leave and benefits and to grant the employee maternity leave and benefits.

There is no form for such an order that can be taken as a basis. The order can be issued like this.

Limited Liability Company "Constanta"

Order No. 18-k

Moscow

In connection with the termination of maternity leave for a child under 3 years of age and the provision of maternity leave to Skripkina O.I.

I ORDER:

1. Stop parental leave until the child reaches the age of 3 years and the payment of child care benefits to the seller O.I. Skripkina since April 24, 2017

Let's look at what each of the payments represents.

Maternity benefit (M&B)

By law, an employed woman can go on maternity leave when her pregnancy reaches thirty weeks. If the ultrasound shows not one child, but twins, then the time for going on vacation is moved forward by two weeks. From now on, the pregnant woman can stay at home, and her salary is replaced by maternity benefits.

But not only employed people are entitled to maternity benefits. Those who lost their jobs due to the liquidation of an enterprise, full-time students, and contract military personnel can also apply for money from the state. In addition to pregnant women, this benefit can be applied for by adoptive parents who belong to the categories listed earlier.

Payments for childbirth will not be made if a woman has left one maternity leave for another and is already receiving money to care for her first child. You can only choose one of the payments. It is convenient to compare which benefit will be higher in cost using a maternity benefits calculator.

Also, you should not count on financial assistance if you refuse to go on maternity leave in favor of a job. The accrual of benefits will begin only after the application for leave has been written.

Maternity benefits will be paid by the employer or the social security department. To complete it, you must write an application accompanied by a maternity sick leave certificate. You can get the latter at the antenatal clinic. It is issued at thirty or twenty-eight weeks of pregnancy.

To calculate maternity benefits, you will be required to present a certificate of average earnings from all employers if you are registered with several organizations. Documents can be provided in person or sent by email.

The maternity benefit is paid in full, which is why it is a one-time benefit. For working women, the benefit is transferred to the card along with the next salary, for non-working women - by mail or to a bank account before the 27th day of the month following the one in which the application was written.

The calculation of benefits is determined by the employment option. For workers it is equal to the average earnings, for those who lost their jobs due to liquidation - 613.14 rubles, for female students - the amount of the scholarship, for contract workers - the amount of monetary allowance. However, if you work at the place from which you are going on vacation for less than half a year, then the amount of payments is limited to the minimum wage.

The minimum value of payments in 2018 is the minimum wage, and the maximum is limited to: 282,106.70 rubles. - during normal childbirth; RUB 314,347.47 - during complicated childbirth; RUB 390,919.29 - during multiple pregnancy.

Read more about payment of child benefits

Question answer

Can the child's father receive a BiP?

The father and other family members cannot, since this benefit is intended only for women.

What is the application period?

It is better to apply for benefits immediately upon receipt of a sick leave certificate at the consultation. There is no need to delay, since the period is limited when the child reaches six months of age.

When do you receive benefits?

Benefits are paid either until the 27th of the month following the application, or on the day of salary.

To calculate, you need to calculate the average income for the last two years and multiply it by the number of days of maternity leave (140/156/194 days). You can also do this using our calculator.

Salary for what period is taken into account in the calculation and does this period include sick leave and vacation?

Income for the two years preceding the decree is taken into account. For example, if you went on maternity leave in 2018, your income for 2016 and 2017 is averaged. Vacations are also included in the calculations. The exception is sick days and maternity and child care leave. In the case when one maternity leave follows another without going to work, this period can be replaced in the calculation by other years when wages were calculated.

Is it possible to fire a pregnant woman and where can she apply for payment if the company goes bankrupt?

If you are in a position, then you can be fired only in case of bankruptcy and liquidation of the organization, but the benefits will still be paid. To do this, you need to submit an application and the necessary documents to the social security authorities, having the relevant certificates in hand.

How are maternity benefits calculated if a woman worked two jobs?

When combining benefits during the two years preceding the maternity leave, both employers are required to pay benefits.

How will benefits change if I worked part-time?

If a woman worked part-time before maternity leave, the benefit will also be half as much as if she worked full-time.

Is there a benefit if a pregnant woman is studying at a university?

For full-time students, benefits are calculated based on the amount of the scholarship.

Where should the unemployed go?

Payments of benefits to unemployed pregnant women are carried out by social protection authorities.

Birth benefit

If maternity payments are issued and accrued even before the child is born, then this payment can only be received after his birth. The benefit is provided to either parent and is a one-time payment. If you have not one, but two or more children at once, then the amount is allocated to each of them. In case of accidents when a child is stillborn, it is not paid.

Today the minimum payments are 16,350.33 rubles. The amount may increase by multiplying by the regional coefficient, depending on the area of residence. This payment does not depend on income, length of service and other factors.

To receive the money owed, you must contact the accounting department at your enterprise or the nearest FSS department with a corresponding application. You will be asked to attach to it a birth certificate, which is issued upon discharge from the maternity hospital, and a certificate stating that the child’s father did not formalize the payment. When applying to the social security service, unemployed people also need to have with them an extract from their work record book, if available.

Read more about applying for child birth benefits.

Question answer

When should I apply for benefits?

The application and certificates must be submitted no later than the child turns six months old.

When should benefits be paid?

The payment is transferred no later than ten days after writing the application or before the 27th of the next month.

How are maternity benefits calculated at the birth of a child?

The one-time benefit is calculated by multiplying by the basic and regional coefficient, and the number of children born is also taken into account. The calculator will help you calculate them quickly and accurately.

If I am unemployed and my husband is employed, can I apply for benefits for him?

Yes, payment to either parent is allowed. But then he needs to provide a certificate stating that you did not receive this money and do not claim it.

Child care allowance up to one and a half years old

As soon as maternity leave comes to an end, the child’s mother or another relative (not necessarily a close one) can take out a leave to care for him, which will last until he reaches the age of 1 year and 6 months. The benefits due to those on vacation are no longer accrued as a lump sum, but monthly. It is intended to replace the wages of a person who sits at home with a baby.

Monthly maternity benefits must be issued before the child reaches the age of two. They are paid after drawing up an application, to which is attached the child’s birth certificate. If you are adopting a child, you will need a certificate confirming this.

Additionally, you must provide a certificate stating that the other parent (or both, if another relative is with the child) does not receive this benefit. If over the past two years you have managed to change your place of employment, then you also need to take a certificate from your previous employer with the amount of your salary. This certificate will be required to calculate the amount of maternity leave. All documents can be submitted not only in person, but also via the Internet.

Within ten days after submitting the documents, you will be assigned a benefit, which will be paid monthly until the baby turns 1 year and 6 months. The payment day coincides with the salary transfer.

This benefit depends on the average income for two years and amounts to 40% of its value. However, options for paying a fixed amount are possible. In 2018, the minimum payments are as follows: for the first child - 3788.33 rub., for the second and subsequent children - 6284.65 rub. per month. The maximum is limited to RUB 24,536.57/month.

Read more about the intricacies of applying for child care benefits for children up to 1.5 years old

Question answer

Can someone other than the child's mother receive benefits?

In addition to the child’s mother, any relative can take leave to care for the child. For example, if a wife’s salary is higher than her husband’s, then it is more profitable for her to go to work and to arrange maternity leave for her husband.

How are payments calculated?

Monthly payments are calculated as the average daily earnings over the last two years, multiplied by 40% and an indicator of 30.4. The amount of earnings itself cannot be higher than the established control values, which change annually and are recorded in the Social Insurance Fund database. Our calculator allows you to simplify the calculation of maternity benefits online.

What to do if another child is born during maternity?

At the birth of another baby, the mother can choose the benefit that is more profitable for her to receive. Payments for a second child are usually higher, so women often choose this option. This is permitted by law.

Will benefits continue to be paid if I go back to work and maternity leave has not yet ended?

If you work full time, the benefits will stop being paid. However, you can shorten it by just a couple of minutes, and the benefit will remain, since the law does not stipulate how long the shortened shift should last. There is only a minimum limit of 4 hours. This scheme is only possible when the benefit is paid by the same employer you work for.

How are maternity pay calculated when working two jobs?

You are entitled to payment from only one employer. From whom exactly, you choose yourself. Also take a certificate stating that the benefit was not paid elsewhere.

What to do when liquidating a company?

You must apply for benefits to the social security authorities.

Here is an excerpt from Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”

Article 11.1. Conditions and duration of payment of monthly child care benefits

A monthly child care benefit is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on parental leave, from the date of granting child care leave until the child reaches the age of one and a half years.
The right to a monthly child care allowance is retained if the person on parental leave works part-time or at home and continues to care for the child.
Mothers entitled to maternity benefits, during the period after childbirth, have the right from the day of birth of the child to receive either a maternity benefit or a monthly child care benefit with credit for previously paid maternity benefits if the amount of the monthly Child care benefits are higher than maternity benefits.
If a child is cared for by several persons at the same time, the right to receive a monthly child care benefit is granted to one of these persons.

The life priorities of families may be different - some parents were looking forward to the arrival of the baby, and with his birth they are ready to sacrifice everything for the sake of spending as much time as possible with him and caring for him. Other mothers and fathers strive to transfer child care responsibilities to another family member and rather take a job and continue to perform official duties and build a career. It also happens that either there is a shortage of kindergartens in the locality, or there is no place in the preschool institution, and there is no one to leave the child with. In the article we will talk about the extension of maternity leave: up to 3 and 4.5 years in 2019, and we will provide a sample application.

The first category of families will most likely be interested in the age at which the child reaches what age the law allows one of the parents not to go to work, while maintaining a job and salary, and in addition receiving benefits from the employer or from the state.

Maternity leave periods

Maternity leave has become the name given to the entire period during which a woman is absent from work due to pregnancy and the need to care for a newborn. But the vacation is divided into several periods, since staying at each stage involves the payment of benefits of varying amounts. And by the concept of “maternity leave” it is correct to mean only one and a half years allotted for the care of the baby by the mother, father or close relative.

The period of incapacity for work begins with leave under the BiR. Its duration depends on the course of pregnancy and the birth process, as well as on the number of children born at the same time:

140 days, if the pregnancy period and delivery proceeded without complications, and the pregnancy was singleton,
156 days, if during delivery a Caesarean section was required or severe bleeding occurred,
194 days if twins, triplets, etc. were born.

There is a way to extend the prenatal period - bring a certificate from the clinic stating that the pregnant woman is feeling unwell, on the basis of which a certificate of temporary incapacity for work is issued. The reason may be to continue pregnancy. After the specified number of days, maternity leave begins directly, that is, its beginning will be symbolized by the last day of the child’s mother’s sick leave.

For the next year and a half, the mother or other family member caring for the baby will receive child care benefits in the amount of 40% of the average monthly salary or the minimum amount if the woman’s work experience was less than 6 months, or she was not employed at all and applied for payment to social protection authorities.

But an additional year and a half (until the child turns 3 years old), if the parent spends them at home with the child, will be paid by the state in the amount of only fifty rubles per month, with the exception of cases with low-income families, payments to which can be increased to 2 thousand rubles per month. month.

The new law allows you not to lose your job even if a woman decides that her child needs longer-term care (until he is four and a half years old) and can document this.

But during this period, neither state benefits nor payments from the employer will be assigned. And it will be impossible to extend the vacation further, otherwise the employee will lose her job, and the law will be on the employer’s side. However, an advantage is the fact that new amendments to the law allow periods of parental leave to be included in the insurance period, and if several children are born at the same time, the period will double. That is, if twins are born, the insurance period will be not one and a half years, but 3 years.

Is it possible to extend parental leave?

Previously, the law allowed increasing leave to care for a child only until the child was 3 years old, but as of January 1, 2014, an innovation came into force that allows a parent to stay with the child and not lose their job until the child reaches four and a half years old. However, there must be reasons for this that can be documented.

The new law also implies the inclusion of parental leave in the insurance period, and this period will be one and a half years for one child, but will not exceed four and a half years in total (one and a half years for each of the first three children in the family).

In general, every employee has the right to be granted extraordinary unpaid leave in the event of difficult family circumstances or other valid reasons. The length of such leave can be one year, and then can be extended as necessary. If an employee is on vacation, he cannot be fired.

Procedure for extending parental leave to 3 years

Upon completion of leave to look after a child up to one and a half years old, an employee of the enterprise has the right to go on a new leave, now until her son or daughter turns 3 full years old. This is completely legal and does not require any special documents or evidence of the need to miss work.

The woman will need:

report to the company’s accounting department or directly to your superiors at the end of your first vacation,
write an application (there is no unified form) addressed to the employer to extend her maternity leave for an extra 1.5 years,
leave a request for payment of benefits in the amount of fifty rubles monthly (the employer does not have the right to withhold payments, and therefore you will have to leave an application for this benefit, even if it is sometimes not necessary).

There is another option. When leaving for the first maternity leave, you can immediately notify the employer that the woman is not going to leave the baby as soon as he turns one and a half years old, and that she will probably remain on leave until her son or daughter reaches 3 years old. Then it will be possible to ask to extend the benefit over 3 years. The monthly payment will be lower, but the payments will last three years, sometimes this can be more beneficial.

Procedure for extending parental leave to 4.5 years

After amendments to the law, women can extend maternity leave for another year and a half, and the procedure for applying for it is practically no different from obtaining maternity leave for children under 3 years of age. The mother is also required to appear at her place of work and write a statement in free form.

The only thing is that the set of documents changes. The need to provide the employer with a certificate has been added that would confirm the need to extend the leave for a period of one and a half years - this could be a certificate about the health status of the child’s mother herself or a medical report about the unsatisfactory state of health of the baby (there must be a certificate from a medical advisory commission).

Application for extension of maternity leave, sample application

There is no standardized form of application for granting or increasing leave to care for a child, fixed by law. It is drawn up in free form in the name of the immediate superior and given directly to him, to the accounting department or to the human resources department.

The main thing is to correctly explain what the employee’s request is, indicate the duration of the new maternity leave, sign the document and write who wrote it and when it was written. It would not be a mistake to identify articles of legislation that confirm the employee’s correctness, but the employer probably himself understands labor relations.

List of required documents for maternity leave extension

To increase the duration of parental leave after the child’s third birthday, the following set of documents is required:

An application in free form with an obligatory indication of the reason for extending the vacation.
Child's birth certificate.
Document proving the existence of grounds for extending the maternity leave:

certificate from the clinic about the baby’s illness,
conclusion of the immunological commission on the unsatisfactory state of the child’s health,
medical certificate about the poor health of the child’s mother.

VVK certificate for extending vacation

The law allows women to extend their leave to continue caring for children, but employers often have a different opinion. Therefore, it may happen that the employer refuses to provide additional vacation time and either fires the employee or requires her to immediately report to the workplace. And then the woman, already burdened with caring for children, will have to defend her position in court in order to get her position and salary back.

However, if the employee has compelling reasons for continuing to be on vacation, no boss will be able to refuse to extend her vacation, nor will he be able to deprive her of her job until she fulfills her job obligations.

Such a reason may be the mother’s poor health, confirmed by a medical report, or a certificate of the child’s chronic illness or his susceptibility to all sorts of diseases due to weak immunity. Then it becomes clear that staying with the baby is necessary for the mother, and sending him to kindergarten, on the contrary, is contraindicated. A regular entry in the medical record will not be enough - you need to obtain the opinion of a medical advisory commission.

It is worth noting that the extension of maternity leave can be used by both the child’s mother, his father or a close relative.

How to obtain a certificate from a medical advisory commission to extend maternity leave until a child turns 4.5 years old

The VKK certificate may contain information that the child:

has a chronic disease
is allergic
susceptible to frequent illnesses due to weak immunity.

One of the above reasons will be sufficient to recognize the need for a parent to stay with the child and to refuse to attend a preschool institution.

To obtain a certificate, please contact:

to the regional children's hospital,
to a commercial medical center accredited to issue certificates and examine children.

The schedule for visiting specialists is as follows:

A visit to the pediatrician - he gives referrals to other specialists.
A visit to all the doctors to whom the pediatrician will refer your child and who specialize in the disease detected in the child (their conclusions must certainly be reflected in the child’s medical outpatient record).
Taking urine, stool and blood tests. Recording the results in a medical document.
Visiting an immunologist, receiving recommendations from him regarding the baby’s daily routine, nutrition, sleep, etc.
Passing an examination by a medical advisory commission, issuing a final conclusion.

The document received from the VKK is the basis for increasing the duration of parental leave for children up to 6 years. However, it is required to go through the procedure described above every 6 months and provide a VKK certificate to the employer.

Is it possible to extend parental leave to 6 years?

Few parents know that the Labor Code of the Russian Federation allows for extending leave to look after a child until he turns 6 years old, if there are grounds for this. In this case, the employee’s position and salary are retained until he returns to work.

There are 2 methods for extending maternity leave:

Through an agreement with the boss (or if it is his initiative). Then both the terms and conditions of the employee’s stay on maternity leave are agreed upon by the employer and the subordinate. The law only limits the ability to extend leave to care for a child up to 6 years. It is rarely possible to reach agreement in this way, since it is assumed that the employee either retains part of his salary or the employer pays him benefits out of his own pocket.
By providing the employer with documentary evidence of the validity of the request to increase the period of maternity leave to 6 years. It is worth understanding that in this case, 6 years is the maximum that can be counted on, and after the expiration of this period, the employer will have the legal right to dismiss the employee.

One of the compelling arguments in favor of extending maternity leave is the presence of a certificate from an accredited medical institution indicating that the child needs home care and cannot attend kindergarten.

Legislative acts on the topic

Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”	Innovations regarding the possibility of extending parental leave until the child is 4.5 years old and including the period of this leave in the insurance period
Art. 128 Labor Code of the Russian Federation	On granting an employee leave without pay for family reasons and other valid reasons

Typical design mistakes

Mistake #1. A woman applies to increase the period of maternity leave until her child is 6 years old, although she has not received the employer’s consent and she has no grounds for extending the maternity leave.

Parental leave may be extended until they are six years old, but only if there is documentary evidence of such a need, or if the employee has agreed with the employer.

Mistake #2. An employee, after returning to work from leave taken to care for a child under 6 years old, submits an application for continued maternity leave due to her child’s illness.

The law limits the ability of a parent to remain on maternity leave while maintaining his position and salary for six years; then the employer dismisses the employee if he does not begin his official duties.

Answers to common questions

Question No. 1. Can a certificate about the serious health condition of the child’s mother serve as a basis for extending maternity leave until the child reaches 6 years of age?

Yes, the mother’s illness is a sufficient reason for further maternity leave, but it will not last longer than 6 years. You can also request emergency unpaid leave for family reasons.

Question No. 2. Will maternity leave be funded until the child turns 6 years old?

Only if the employer voluntarily agrees to make payments at his own expense, since there are no benefits from the state for maternity leave extended after the child’s 3rd birthday.

Maternity payments for a second child are a type of government support that every working woman can count on (this implies official employment). The benefit is calculated based on the average salary divided by the number of days of maternity leave.

If the mother has worked for less than 6 months, the minimum wage established at the state level is taken as the basis.

Maternity payments

When a second child appears in the family, the mother can count on similar benefits that she received for caring for her first child.

In particular:

one-time payment upon registration at a medical institution - 613 rubles;
maternity benefit paid at the place of work:
- RUB 34,520 - minimum threshold;
- RUB 248,164 - maximum threshold;
one-time payment from social protection on the occasion of the birth of a child - 16,350 rubles;
child care allowance up to 1.5 years:
- 40% of salary;
- 5,817 rubles with a minimum income level.

Important! In addition, the birth of a second child before the end of December 2018 gives the right to receive maternity capital, the amount of which is 453,026 rubles.

These funds are transferred and spent non-cash for certain purposes.

Second pregnancy during maternity leave

If the second baby was born during unfinished maternity leave, the mother has the right to receive the required benefits and lump sum payments. In this case, you must write an application for the required transfers.

In this case, one of two possible options remains at the discretion of the mother:

Maintain child care benefits for your older child.
Arrange payments for the second pregnancy and childbirth.

In any case, the first maternity leave is interrupted automatically and a new one is granted. When the maternity leave ends, benefits for caring for the first and second child will be summed up and transferred within the framework of payments established by law.

If maternity leave ends before the second pregnancy, the mother registers for receiving payments, as in the case of caring for her first child.

Advice! To save the amount transferred monthly for the care of the first-born, you can do this: the mother takes care of the newborn, the first child remains in the care of any family member who can take maternity leave.

Calculation rules

The benefit amount is calculated according to a certain formula.

According to current legislation, the period of maternity leave cannot exceed 140 days: it is divided into equal time intervals of 70 days before and after childbirth.

The calculation period is considered to be 730 days of work experience, excluding sick leave and statutory vacations. Accordingly, to receive benefits in 2017, 2015 and 2016 will be taken as the basis.

It is important to understand that when making calculations there is a certain threshold set at the maximum allowable level of income. For the indicated billing period, the following amounts are relevant:

2015 - 670 thousand rubles;
2016 - 718 thousand rubles.

If a woman’s work experience is less than 6 months, the minimum wage is taken as the basis. Today it is 7,800 rubles.

Accordingly, this amount must be divided by 30 and multiplied by 140. As a result, maternity payments will amount to 36,400 rubles.

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Amount of payments depending on the complexity of childbirth

It is important to understand that pregnancy does not always proceed normally. In case of possible complications, women's maternity leave periods are extended, and the amount of compensation changes accordingly.

It looks like this:

Singleton pregnancy with uncomplicated childbirth - 140 days;
Singleton pregnancy with difficult labor - 156 days;
Multiple pregnancy - 194 days.

The woman went on maternity leave, having worked the pay period with a regular salary of 15,000 rubles. The birth was fraught with complications.

In this case, the amount of maternity leave will be calculated according to the following principle:

360,000 (income for two years) / 731 (daily earnings for the billing period) * 156 (vacation days) = 76,826 rubles.

Important! The employer is obliged to pay the entire amount within 10 working days from the date of submission of the application to the accounting department of the enterprise.

Payout Features

Maternity payments for a second child have a number of interesting features that need to be taken into account.

For example:

Payments are possible only if you have Russian citizenship.
Official employment is required.
Before maternity leave, you can take basic paid leave.
An employer cannot fire an employee who has been caring for a child for 1.5 years.

In addition, the amount of benefits for military personnel, firefighters, law enforcement officers and the Federal Penitentiary Service is 100% of the salary amount.