How to go on maternity leave at work, what documents you need to draw up, what payments to receive: the rights of an employee who goes on maternity leave to the Russian Federation, Ukraine. Is it profitable to go on vacation before maternity leave, from the decree on maternity leave? Do they go on maternity leave, IP?

This article will help you understand legal issues related to maternity leave.

Like many other events, the departure at the maternity leave is accompanied by the collection of certain certificates and documents. This lesson is not many, but the rules are rules. So that in the future you have no problems and misunderstanding with the authorities, it is better to do everything as the legislation advises.

How to go on maternity leave at work, what documents should be issued in the Russian Federation, Ukraine?

The legislation of the Russian Federation and Ukraine is built in such a way that any woman-employee who is in a position has the right to go on maternity leave. This can be done since 30 weeks (provided that it is registered in a antenatal clinic).

Documents that must be provided to the pregnant woman to the personnel department of his enterprise in order to receive maternity benefits (for pregnancy and childbirth):

• sick leave (for pregnancy)
• revenue certificate for the previous two years
• certificate of registration in a antenatal clinic (up to 12 weeks)
• identification documents

Immediately after the birth of a child, an application for leave "for child care" is written. You will need the following documents for its design:

• a copy of the child's birth certificate
• statement
• identification documents

The principle of registration is the same as for the payment of benefits for "pregnancy and childbirth."

Payments to women going on maternity leave

Now let's talk about what the “maternity” are. This is a guide that the employer is obliged to pay each employee going on maternity leave in connection with childbirth. This is not a child care allowance, because the latter is calculated and paid separately.

The maternity manual is usually calculated by the accountant of the company, and it is:

• wages for 2 years /730 days \u003d average earnings per day (CS)
• Sz x the number of maternity days, usually 140 \u003d maximum payment amount

Important! In the event that a woman works in the company for less than six months (6 months), the benefit will be equal to the minimum wage at the moment in the country.

It is interesting! In fact, it is not an employer, but a social insurance fund transfer a maternity allowance to an employee account. The employer only transfers the necessary data to the fund. It is worth saying that a woman herself can directly contact the fund and receive payments.

Rights of an employee going on maternity leave, Ukraine

The employee who goes on maternity leave has certain rights that the employer does not have the right to violate. The employee has the right:

• receive a one -time payment for BIR benefits, as well as monthly childcare payments
• keep the workplace
• get vacation
• re -go on maternity leave

All this becomes possible if the employee in time notified the personnel department of his maternity leave. We remind you that you need to register for pregnancy up to 12 weeks, and notify the authorities and the personnel department of the upcoming maternity leave even earlier.

Is it possible to go on maternity leave from maternity leave, is it profitable, what payments will be obtained?

It often happens that the newly -made mother, being on vacation on caring for a child, unexpectedly learns that he will soon become a mother again. In this case, she is supposed to re -go on maternity leave. But how to do this if she is already “sitting” on maternity leave? What payments are laid and are it in general?

Yes, payments are laid. In this case, you will have to write a new application addressed to the employer (direct chief) on the termination of one vacation and the provision of another.

Regarding payments: recalculation with the replacement of two calculated years will be made. At the moment, the legislation clearly states that only one allowance has the right to receive the right to receive: either to care for a child, or for pregnancy and childbirth with further registration of childcare benefits. Here, a pregnant employee has the right to choose one of two.

On a note! Some women, not wanting to part with money, make out a vacation to care for the child for one of the closest (or distant) relatives, and they themselves go on vacation in connection with pregnancy and childbirth.

This method has its consequences, since it is not entirely honest. This procedure is quite laborious, so it is easier for many to abandon one of the payments.

Can an IP go on maternity leave?

Like an ordinary employee of the enterprise, a woman who is an individual entrepreneur also has the right to go on maternity leave. This can be done if the entire previous year (calendar) before pregnancy, it properly made payments to the Social Insurance Fund. Simply put, regular payment of taxes and mandatory contributions makes it possible to leave the paid maternity leave.

Since during maternity leave the activity of the IP is suspended, all payments to the state are also canceled for a while. There is no profit - no payments. Of course, this acts only during the decree.

Since a woman who is an individual entrepreneur is both a founder and an employee, she can receive maternity allowance in two versions. Since it is impossible to receive two manages on maternity leave at the same time, she has to choose one of the two options at her discretion.

In order to go on maternity leave to the woman entrepreneur, it is necessary just like an ordinary employee to write a statement first for vacation in connection with pregnancy and childbirth, then already for caring for a child, if there is a need. This requires all the same documents as for an ordinary employee

Is it possible to go on maternity leave from the exchange?

To leave the labor exchange on maternity leave is possible. If you have received unemployment benefits before, then after registering a maternity leave, you will receive a benefit that will be calculated based on your earnings in two years at the previous place of work.

If you are on the labor exchange and are temporarily unemployed, then, according to the current legislation, you are not entitled to sick leave. Although you can also receive unemployment benefits.

In any case, you need to contact the social protection authorities.

Is it possible and profitable to go on vacation before the decree?

Whether to go on vacation before going on maternity leave or not - this question is interested in many women faced with a similar situation. Most often, the answer is positive - yes, to go on vacation before going on maternity leave or is profitable immediately after it! In this case, you must write a vacation application and get your legal vacation pay. Then you will need to come to the personnel department of your enterprise again and write an application for maternity leave (referring to sick leave).

Sometimes it is profitable to go on vacation immediately after the end of the “decree”. In this case, you will recalculate vacation pay.

Can I go on maternity leave?

If it so happened that you got a job in a maternity place, and after some time you learned about your pregnancy, then this part of the article will interest you. Since you are officially employed, all payments laid down in this situation apply to you.

Reference! In the event that a pregnant employee who came to the “maternity place” was not officially employed anywhere before, then payments will be transferred to her based on the minimum wage in the country at the moment.

It is important to say that an urgent employment contract is concluded with an employee who came to the “maternity place”. As soon as its term expires, the employee should be dismissed. But this may not happen if the woman, on the replacement of whom they took a new employee, decided to extend her maternity leave. In this case, a new fixed -term employment contract is drawn up, or the old one is extended.

How much do you need to work out to go on maternity leave?

You can go on maternity leave at least from the first day of employment at the enterprise. A completely different conversation - what will be the size of the maternity manual. Consider some of the most common cases:

1. The woman worked for 2 or more than a year at the enterprise and went on maternity leave. Then, as written above, the allowance will be accrued on the basis of the calculation of the average wage for 2 previous calendar years.
2. The woman worked for 6 or more months at the enterprise and went on maternity leave (with the condition that before that she had not been employed anywhere before). Then the allowance will be accrued as in the previous case.
3. The woman worked for less than 6 months at the enterprise and went on maternity leave (with the condition that before that she had not been employed anywhere before). The allowance will be accrued based on the minimum wages.
4. The woman worked for 6 or more months at the enterprise and went on maternity leave (with the condition that before that she was employed and worked for more than 1.5-2 years). The size of the maternity allowance will be paid based on the size of wages at a new enterprise, and the missing months will be taken from the previous place of work (it is necessary to bring an extract).

Is it possible to continue to work on maternity leave?

Sometimes there are times when pregnancy proceeds so easily that it makes no sense to go on maternity leave and you can calmly continue to work. Or a difficult financial situation makes you come to work, even being pregnant.

In such and similar cases, a woman, according to the legislation of the Russian Federation, has the right to one of two payments: either to maternity benefits or her wages. In any case, she has the right to maternity leave, but in an abbreviated form before childbirth and fully (70 days) after childbirth, if there were no complications.

Reduction at work: Do you go on maternity leave?

If a series of abbreviations has begun at work, you should not worry about it. According to the law, the employer does not have the right to leave without work a woman who is currently on maternity maternity leave, or is just going to go there. Also, a woman has the right, despite the reduction, to ask her to extend maternity leave and provide her vacation already on caring for a child (until the baby is 1.5 or 3 years old).

At the same time, the workplace for the future mother is preserved, and the employer concludes an urgent contract with a new employee for a certain period.

Reduction at work: Can the employer force the maternity leave?

The personal right of a woman, to go on maternity leave or not. Our legislation allows a woman to work directly before childbirth, if there is a personal desire for a pregnant woman. The boss does not have the right to strongly send a woman on maternity leave, as well as does not have the right to dismiss her while she is on maternity leave.

At the same time, if a woman provided a pregnancy certificate to the personnel department, she may ask her to reduce her working day. At the same time, pregnant women have the right to lightweight working conditions, they may not go to work on weekends and do not work in night shifts, if the work obliges this.

The terms of payment of salaries to an employee going on maternity leave

The deadline for the payment of the usual wage of the employee who goes on maternity leave is no different from the deadline for the payment of salary to other employees. At that time, the payment of salary ceases as soon as the woman goes on maternity leave. At the same time, she accrued a BIR allowance that should be transferred to the card/bank account or issued personally in hand within three days after writing a letter leave at a time.

Attention! How to calculate the size of the BIR allowance read in the article above!

As for the parental leave, things are somewhat different with this. Payments should occur monthly at the same time. Moreover, the amount of these payments does not exceed 40% of the official earnings of the employee before pregnancy.

Video: how to make a decree: when they go on maternity leave, payments, period