In the territory of our country, every woman has the right to receive maternity leave - this is regulated and guaranteed by the 255th article of the Labor Code of the Russian Federation.
According to the Labor Code, which actstoday, in the Russian Federation, pregnant women are given working leave before delivery - for 70 calendar days. In the event that the pregnancy is prolific, this period increases to 84 days. After giving birth, women are also given leave for 70 calendar days. This period can be increased in case of complicated childbirth - up to 86 days, as well as at the birth of more than one child - up to 110 days. During the period of leave, women receive a social insurance benefit, the amount of which should correspond to the average earnings. It is worth noting that those women who do not have a work place during pregnancy and childbirth receive no benefits.
To calculate the allowance paid to a woman bypregnancy and childbirth, the average annual earnings for 12 months preceding the birth are taken as a basis. The payment is made by the employer, the means for payment are transferred by the state organization - the Social Insurance Fund. The amount of the allowance is regulated by the Law. Since 2011, the minimum amount of the allowance intended for payment to mothers caring for the child has been assigned. This minimum, assigned to the mother caring for the first child, is equal to 2194.34 rubles per month. Women who care for the second child, as well as subsequent children should receive at least 4388.67 rubles per month. In addition to the minimum size of the benefit, there is a maximum limit of 1136.99 rubles per day. The maximum amount of the allowance for the mother who gave birth to the first child should not exceed 40% of the average earnings, which is calculated from the moment the mother leaves to work after the maternity leave ends. In the case when the second child is born before reaching the first age of one and a half years, the mother is given the right not to stop receiving this benefit in exchange for receiving the allowance for maternity pay (the woman can choose the allowance at her discretion).
It should be remembered that since 2011 there are new,slightly changed rules for calculating payments. So, on January 1, 2011, document No. 343-FZ, which amends the existing procedure for calculating benefits for maternity and childcare, has become valid.
So, since the beginning of 2011, allowances for pregnant and giving birth to women are subject to calculation, which is based on the average earnings for two calendar years preceding the pregnancy.
Calculation of average earnings is made bysummation of payments from which the insurance premiums are paid to the FSS of the Russian Federation, with their subsequent division by the number of days, which is strictly fixed. This number, regardless of the number of days that were actually worked out, is 730.
Legislative norms that should be taken into account
Before you get a pregnancy leave andor immediately after it, and after the end of the parental leave, a woman is entitled to an annual leave, which must be paid in accordance with the law.
Leave to pregnant women excludes the possibility of the dismissal of the woman by the employer during the holiday period. An exception can only be the case of liquidation of an enterprise.
When maternity leave ends, the woman is given the right to receive parental leave until the child reaches the age of three.
Employers should be attentive to pregnant women workers and do not forget that their rights are protected by the Law.
