The decree, and more correctly - maternity leave - is given to working women in a certain period before the birth of the baby, and after his birth.
In Russia, the right of every woman to maternity leave is prescribed in Article 255 of the Labor Code. According to this document, working women are entitled to leave for 70 calendar days and 70 calendar days after childbirth. This applies to women who have given birth to one child, who have no postpartum complications. If the woman had complications during childbirth, the number of days after delivery increases to 86. In the case of multiple pregnancies, the number of days is increased according to the law. So, these women are entitled to 84 calendar days of leave before delivery and 110 days after childbirth. In all cases, when you enter the decree, a social insurance benefit is paid in the amount of average earnings. And for the period of leave, women are paid a pregnancy and maternity benefit.
According to the current legislation, maternity leave is granted to any woman on the basis of her written application and a leaflet of incapacity for work. If the date of the application is later than the date when the certificate of incapacity for work is issued, the vacation is reduced. This reduction directly affects the amount that the future mother will receive. The termination of leave directly depends on the terms, which are indicated in the temporary disability sheet. If a woman does not apply for leave, they are granted, given the date on the sick leave sheet.
Maternity leave is issued by an order for the organization.
Can a woman work during maternity leave?
Yes, in practice, there are often situations when a pregnant woman has already entered the decree, but continues to work. Or when a woman during the leave to care for a child continues to go to work or work at home. In addition, a woman may well come to work from a maternity leave before the due date (this is her right!) Or for part-time work (then a father or someone close to relatives can go on leave to take care of a child). Incomplete called working hours, which is less than the norm - eight hours a day. A woman has the right to refuse to work for part time and fully devote herself to the child. To do this, she must write a statement and conclude an agreement with the employer to cancel the work on such terms (part-time work). The employer is obliged to issue an appropriate order about this.
To future moms for a note
- All women without exception have the right to maternity leave. This applies to those who work under an employment contract, concluded for up to two months, as well as part-time work.
- A woman has the right to a full-fledged paid vacation, which she can take either before or after maternity leave, or when the childcare leave ends.
- The employer has no right to dismiss a woman on maternity leave. The only exception is the complete liquidation of the enterprise on which the woman worked.
- If a woman interrupts maternity leave and goes to full-time work, she is no longer paid an allowance.
- If a woman interrupts her maternity leave or is in it, continuing to work and, accordingly, getting paid for it, the employer must recalculate the allowance.
- If the woman is on parental leave but works at home, the payment of the "child" benefit does not stop. At what the payment is made in full, and the salary - for actually worked time. In order to go to work, a woman just need to write a statement.
- Those women who work immediately on several jobs, After leaving for maternity leave, they receive benefits from each work place. As with the main, as part-time.