Future mothers who continue to work withpregnancy, expect a long-awaited decree to gain strength before giving birth. But there are also zealous workers who are not going to go on vacation. Because of this, there are rules that determine when to go on maternity leave.
Many managers are afraid ofrest on pregnancy. This is the reason for changing the schedule of the entire team, as well as changing the scope of duties of employees. Therefore, it is important to know when going on maternity leave in Russia, so that the bosses had time for a staff reshuffle.
В РФ декретным отпуском называют временное dismissal from the post in the last months of bearing the child and his birth. Also this period implies the care of a baby and children of younger preschool age.
Charge of money due to a lack of pregnancythe employee is paid for the average annual earnings, taking into account a certain minimum wage, which in 2017 is 7,500 rubles. Funds are paid at a time during the holiday. They are issued as social insurance due to disability.
About incapacity for pregnancy is said in articles 255, 256 of the LC RF. This period is considered a vacation. It is granted to women:
Material payments will be covered by insurance.They pay benefits as social insurance. Its size is equal to 100% of the average earnings for the two previous years of work. If a woman has issued insurance, then the allowance can not be less than the average salary calculation for employees.
Unemployed students of day faculties are paid less than the minimum wage. If the length of service is not more than six months, the allowance is also calculated according to the minimum wage.
The policy of the country protects the rights of pregnant womenand the emergence of a new man. How many weeks go on maternity leave? Often this depends on the state of health of the pregnant woman and other factors. But the following rules are usually applied:
Therefore, there is no strict period during which the decree will last. It is set individually. If you need treatment or stay in the hospital, you may need additional time.
It is difficult to accurately determine the period of pregnancy.Usually this is established after a visit to the doctor. Most specialists use the obstetric method, which determines when they go on maternity leave.
Counting is performed from the beginning of the lastcritical days. The number, which accounts for the 30th week from the previous menstruation, will be a day of rest. Doctors use a gestational method for determining the duration of an ultrasound scan.
According to the law of the Russian Federation, which week go to maternityvacation? This period is 30 weeks. Pregnant employees should get a sick leave from a doctor for the realization of the right to rest because of the childbirth and birth.
Before this document is issuedmethod of calculating gestational age. If a pregnant woman wants to quickly go to rest, it is desirable to use the information of ultrasound. The sick leave must be provided to the employer with a statement. Only documented decree will be paid.
Many future mothers want to go on maternity leave earlier.In the order number 624-n. provides clear information about the month in which leave on maternity leave. But you can start the rest earlier if you take annual leave before the decree.
If it is already used, you will have to wait.set by the law of time. Often, due to the state of health, hospitalization of the pregnant woman is necessary. Then the question of how much maternity leave is going to be unimportant.
There are some women who work almostbefore the birth itself, not sparing his health. But this can lead to unpleasant consequences that expectant mothers should take into account. Under the above order, there is a waiver of sick leave. But it is assumed that in the future can be used the right to rest. Then the sheet will be provided "in hindsight", that is, the reference will indicate the date of the 30-week mark.
It is important to know not only how many months go on maternity leave, but how it is paid. When calculating takes into account the period of rest, seniority, earnings.
Maternity leave is paid according to the following amounts:
If there are 2 children in the family, the allowances are summarized, but they arethe amount should not be higher than the average monthly salary 2 years before the decree. In some regions there is a program of monthly provision of the minimum wage to families with 3 children until the youngest is 3 years old. Therefore, the payments for each woman may be different depending on her situation.
Work on vacation is only based oncivil law contract. Then the allowance is paid and the payment for labor is provided. It is possible not to go on vacation for a period if the employer does not mind it. Then the salary will be provided, but the time spent will be deducted from the allowance, and then it will be less. You can not get a salary and allowance at the same time.
Young mothers are allowed to work on vacation with the preservation of benefits, only work must be:
The duration of the working day is not approved by law. It is important to agree on this issue with the employer, because there are no restrictions.
Pregnant women can leave the decree nextmaternity leave. But then you need to choose - to use the new hospital and receive benefits, or will be paid benefits for child care up to 1.5 years. Together, 2 payments can not be.
The employer has the right to dismiss a woman on maternity leave only if:
On their own, you can leave work at any time. There is an opportunity to take paid leave after the decree, extending your rest.
The length of service includes a decree, but not all:
But there are some limitations: parental leave cannot be more than 6 years old. It turns out that it is designed for 4 children. And with the birth of subsequent babies, he will not be counted in the experience.
The employer does not have the right to dismiss pregnant employees. He must provide legal leave. If you refuse, you need to go to court, which will certainly be on the side of the expectant mother.
But if a woman quit on her own initiative, thenshe will not be paid for workers. If the employer insists on writing an application for dismissal on the basis of personal desire, then you need to refuse it.
According to the Labor Code of the Russian Federation, future moms have the following benefits:
But expectant mothers have their responsibilities for all. These include:
Many women in the position are interested in whetherto refuse pregnant women to work? According to Article 64, this is prohibited; therefore, employers must accept workers for vacancies. Failure must require a written justification. Then you can go to court. Usually in such cases there is an administrative penalty. In addition, the employer will be obliged to accept the applicant, paying her moral harm.
The rights of pregnant women are protected by articles 254, 255, 259, 261. They say about benefits, dismissal, the duration of the decree. If you rely on the rule of law, then no one can deceive.
