Is it possible to go on maternity leave later than the required period of 30 weeks: when can maternity leave start later?

The birth of a baby is an important moment for every mother.

The legislator has approved a number of rights and social guarantees for women expecting and raising small children.

Employers are not very happy when their employees are about to go on maternity leave, and sometimes this is expressed very clearly.

Therefore, it is very important to know how to properly go on maternity leave without frustration and while maintaining your rights.

Every woman should understand when she has the right to go on vacation, and what amounts she is entitled to according to the law.

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Accounting for compensation for unused vacation
Dismissal while on maternity leave

Definition

It is impossible to find a specific concept of maternity leave in the legislation. This is a colloquial phrase that is used by people. This type of vacation includes several periods:

rest related to pregnancy and childbirth
leave related to caring for a child up to one and a half and three years old

The following are entitled to take advantage of the right to such types of leave:

women working officially
expectant mothers arriving as unemployed
students
military personnel

Thus, a woman has the right to take advantage of the right to leave related to pregnancy and childbirth and to care for the baby. Men can also use maternity leave, but only after the birth of the child.

Also, other relatives who directly care for him have the right to take leave related to caring for their offspring. Usually grandmothers use it when they let their mother go to work.

The first part of maternity leave is issued upon provision of a certificate of incapacity for work, which is issued by a consultation doctor to the expectant mother. Its duration depends on the number of children in the womb and the complexity of the birth process:

A standard certificate of incapacity for work contains one hundred and forty days.
If there are several children in the womb, a woman will be given a certificate of incapacity for work for a period of 194 days.
After the difficult process of childbirth, the mother is given a continuation of the certificate of incapacity for another 16 days.

Payment of benefits is made in calendar days, based on the average income for the two years preceding maternity leave. Let’s say a representative of the fair sex goes on maternity leave from March 1, 2020. When calculating benefits, the accountant will take into account her income for 2020 and 2020.

Thus, maternity leave is three periods of vacation. They are associated with the birth and upbringing of a child up to the age of three. At the same time, only the mother can use the first type; the next two periods can be used by the father, grandmother and other relatives caring for the baby.

How many options to go on maternity leave later?

Maternity leave is not an obligation, but simply a right of every woman. It is for this reason that in order to provide it, the employer requires a statement. If you wish, you can write it on a date other than the one indicated on the sick leave certificate.

But here it is worth keeping in mind that no employer will pay extra for such heroism. The whole point is that the vacation will end exactly when the date written on the sick leave arrives. For the time that a woman works without being on maternity leave, she will not receive benefits, but only a salary. And since the first is paid in the amount of 100% of average earnings and, in addition, no tax is paid for it, then from the point of view of material benefits it is better to go on time.

In addition, you don’t have to sit on maternity leave, but go straight to work. But you just need to remember that from the point of view of health care, such an act will not bring any benefit to anyone.

How long does it take to go on maternity leave?

Employed women begin their maternity leave with maternity leave.

According to the law, the expectant mother goes to wait for childbirth at 30 weeks.

The exception is multiple pregnancies.

Here a woman goes on maternity leave two weeks earlier.

In fact, it is impossible to equate all women to a single case. All representatives of the fairer sex carry a baby in different ways. Some already at five months feel that it is difficult for them to go to work.

Then they are looking for an answer to the question of how to properly go on maternity leave ahead of schedule. The expectant mother can take advantage of Art. 260 TK. It guarantees women the opportunity to take another vacation immediately before going on maternity leave. An employer does not have the right to refuse a woman, even if she has no vacation days.

Such a guarantee does not depend on how much the woman works in the last place. The main thing is to calculate from what day the sick leave will be issued and count the necessary vacation days from it. After this, you need to write a statement and take it to the HR department. So, the next vacation will smoothly turn into maternity leave.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

There is also another option to go on maternity leave earlier and consult a doctor. Pregnancy is a condition that is directly related to peace of mind.

Poor environment and constant stress adversely affect the development of the baby. Therefore, you can ask the doctor to prescribe appropriate treatment in a day hospital.

That is, just go on regular sick leave before going on maternity leave.

Going on maternity leave

Today there is no official name for “maternity leave”.
The Labor Code introduced the term “maternity leave”, and all women’s rights are specified in Law No. 255-FZ. Every officially employed employee can go on vacation:

at 30 weeks of pregnancy (when carrying 1 child);
at 28 weeks (if a multiple pregnancy is diagnosed);
at 27 weeks (for women living in contaminated regions).

It is important to take into account that the calculation of the timing of leaving the workplace is based on obstetric calculations. The exact day of the start of the maternity leave is determined by the gynecologist. It is calculated depending on the duration of pregnancy and is carried out from the day when the woman was registered in the gynecology department.

Benefits

Many women are interested in how to properly leave work on maternity leave.

A woman should not allow her rights to be infringed.

To do this, she needs to carefully study the legislation.

The state has already protected this category of people; the main thing is to be able to use it.

An employer who sees that a woman knows her rights will not want to get involved with the labor inspectorate or the prosecutor's office.

There are several payments that a representative of the fair sex receives from the moment of pregnancy until the baby is one and a half years old. The main ones are benefits for 2020:

For registration in the early stages of pregnancy - 613.14 rubles. There is a mandatory condition here: registration with a consultation before twelve weeks of pregnancy.
Related to pregnancy and childbirth. Payment in calendar days based on earnings for the previous two years.
Child care for a child under 3 years old in most regions is 50 rubles. This payment is made at the expense of the employer. If a third child is born in a family, the mother will receive an allowance in the amount of the subsistence level until the child turns three years old.
From the moment the baby is born, the mother and father have the right to claim a tax deduction. It is an amount that is not subject to personal income tax.

This is important to know: How vacation days are calculated according to the labor code

Here is a basic list of benefits related to the birth of a baby. Each region can establish its own individual subsidies to support families with children.

Rights of pregnant women

The authorities of our country are committed to protecting the rights of pregnant women, as well as young children. Therefore, the law provides many benefits and subsidies for these categories of persons. Basic privileges of women:

maintaining a job, salary and position
It is prohibited to fire pregnant women and women on maternity leave
there is a ban on hiring women to work overtime, holidays, and at night
You can't send an expectant mother on a business trip
liberation from hard and harmful work
the opportunity to use your next vacation at a convenient time
possibility of introducing reduced working hours

Even when a representative of the fair sex does not work at full capacity, the organization must maintain her average earnings. If an employer asks a woman to quit and promises that she will not lose anything by doing so, you should not follow the lead. After all, women who are officially employed have the greatest privileges.

From the video you can learn how to apply for maternity leave:

Early maternity leave

Under normal conditions (when expecting the birth of one child, when the pregnancy is not complicated by diseases of the expectant mother and a caesarean section is not planned), a pregnant woman receives sick leave at the thirtieth week of pregnancy.

The employer’s obligation to provide maternity leave is legislated in Article 255 of the Labor Code of the Russian Federation.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Also in paragraphs 46, 47, 48, 49, 51 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, the following duration of maternity leave is provided:

140 calendar days for a singleton pregnancy under normal circumstances (70 calendar days prenatal);
156 calendar days (of which 16 calendar days are additional after birth) in case of complicated childbirth during a singleton pregnancy;
156 calendar days if birth occurred between 22 and 30 weeks of pregnancy;
194 calendar days, including 84 prenatal days, if multiple births are diagnosed during pregnancy;
194 calendar days, including 54 additional calendar days after childbirth if multiple births are determined during childbirth;
160 calendar days and of these 90 prenatal days, if the woman lives or works in a place of radioactive contamination.

Important! The number of days is calculated in total and does not depend on how many of them the pregnant woman used before giving birth.

Employee V. received a certificate of incapacity for work (for pregnancy and upcoming childbirth) on October 10, 2017. The doctor set the birth date as December 21, 2020. V. gave birth to a child without complications on December 11, that is, she managed to use 60 days before giving birth. However, regardless of this, she will have to return to work (as indicated on the sick leave) in 140 days, that is, on March 5, 2020 (since March 3 is a Saturday and a day off).

Going on maternity leave a month earlier

You can also add annual paid leave to sick leave in connection with pregnancy and childbirth (the standard is 28 calendar days, which will allow you to go on maternity leave a month earlier than the statutory period). For some categories of workers, the annual rest period is much longer than usual and significantly allows them to extend maternity leave (for example, civil servants, medical and teaching workers).

Attention! An employee in this position can use the right to rest at any time convenient for her. The approved vacation schedule at the enterprise is not an obstacle for her.

Since the possibility of early receipt of sick leave for pregnancy and childbirth is not legally established, women have the opportunity to increase their maternity leave through other options, such as:

annual paid leave, leave without pay;
sick leave due to illness and poor health.

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Early maternity leave due to health problems

In case of complications in a pregnant woman, the law does not provide for her right to go on maternity leave early. However, nothing prevents a pregnant woman, if she has health problems that interfere with the normal performance of work functions, from voicing her concerns to the doctor managing her pregnancy.

To maintain the normal moral and physical condition of the expectant mother, the doctor will issue her a certificate of incapacity for work. A pregnant woman will be able to go to hospital or be regularly monitored while staying at home and not going to work. This will give her the opportunity to rest before the time of official maternity leave.

Health problems can occur not only for the pregnant woman herself, but also for her minor son or daughter (under the age of 14). If this happens, the employee can legally take out sick leave for herself to care for a sick child. This will allow you to get a few days of rest before the official maternity leave. Moreover, such certificates of incapacity for work do not apply to maternity leave and are paid in the usual manner based on the woman’s insurance record.

If there are complications during childbirth, you can expect a longer postpartum period (caesarean section, birth of more than one child, premature birth).

Early maternity leave by agreement of the parties

Sometimes a pregnant employee negotiates with her employer and takes unpaid leave. This is done in the case when she has already used her annual paid leave, she feels excellent, her pregnancy is proceeding normally, her children are not sick (if she has any), and the doctor does not find any reason to write out a sick leave.

Early maternity leave during multiple pregnancy

If a woman is expecting the birth of two or more babies, she can officially leave the workplace by going on maternity leave from the 28th week of pregnancy. An additional 14 days are given to her due to the fact that the very state of carrying a baby is a special burden on the body, and when two or even more children are preparing to be born, it is very difficult. The employee is simply not able to fully perform the work in this situation at a later date.

This is important to know: When to pay contributions from vacation pay in 2020

Duration of maternity leave

The doctor makes a note on the sick leave sheet about from what month and for how long the woman will be on maternity leave. The duration of maternity leave depends on many factors - what condition the pregnant woman is in, how many children she is carrying.

The birth itself is also important: if there are no complications, then maternity leave will be 170 days - 70 days before the birth of the baby and the same period after. If there are complications, the leave is extended by 16 days. If a woman gives birth to two or more children, the leave increases by 54 days - as a result, its duration will be 84 days before the birth of the children and 110 days after.

But if she wishes, a woman can continue to work later than the start date of her sick leave. She will be granted leave if she submits a written application and attaches a sick leave certificate to it. The application itself can be drawn up for a shorter period, reducing, if necessary, leave before or after childbirth. The benefit will be transferred for the period during which the woman, according to the application, was on maternity leave.

A woman can reduce maternity leave, but not increase it.

When receiving the leaflet, the pregnant woman should check it carefully. If there are typos and errors in it, the Social Insurance Fund will refuse to accept hospital benefits for credit. Today, sick leave is issued according to a new model. The form is filled out in block letters and with a gel pen. Special stamps are affixed to the document.

Registration procedure

The procedure for registering for maternity leave is standard:

a woman receives sick leave;
presents it to the employer and notifies him that he is going on maternity leave;
receives due payments;
After giving birth, she rests for a set period of time and either goes to work or goes on maternity leave to care for a child up to three years old.

By agreement with the employer, during the period of caring for a child up to three years old, the employee has the right to work part-time. Or do work from home. At the same time, she will not lose the right to the benefits she receives (Part 3 of Article 256 of the Labor Code of the Russian Federation).

Sometimes the opposite situation occurs: a pregnant employee wants to work longer, sometimes performing work duties until the birth. In this case, she receives only wages, since benefits are not payable at the same time. Also, a pregnant woman can refuse to issue a sick leave certificate at the antenatal clinic at the due date (usually 30 weeks), but receive it later.

Payments to a working woman are made taking into account her income for the two years preceding the maternity leave. If at this time there were excluded periods (for example, sick time, maternity leave, parental leave), then the employee can replace them with other periods. When the length of service before maternity leave is insufficient (the woman worked for less than six months), then payments will be calculated according to the minimum wage.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

What is maternity leave

Most people misunderstand the meaning of the concept of maternity leave and parental leave.
The first, mainly among women, refers to the time after the birth of a child, which is given to the woman to care for the newborn. But in reality it begins even before the baby is born. It represents not only exemption from work during the postpartum period . Its distribution also covers some time before childbirth. If there is official employment, the employer does not have the right to force a woman to be forced to stay at the workplace longer than the period stipulated by the documents.

Reasons for early exit

Women whose pregnancy has complications need to minimize the impact of external factors on the body, as well as reduce stress levels.

There are several official reasons for which you can stop working early during pregnancy:

The law provides the opportunity to use administrative days, but their number is limited.

Therefore, you can always reach a consensus with management and draw up an additional agreement to the contract, on the basis of which rest during pregnancy is provided beyond what is regulated by law. This is especially true when a woman works in hazardous work or does hard work without the opportunity to transfer to another position.

For health

Pregnancy does not always go well. Various deviations may be observed. Some of them periodically cause miscarriage. To reduce the likelihood of abortion in this way, doctors issue sick leave to women.

However, this is not maternity leave. That is, when a pregnant woman is at risk of miscarriage at any stage, she is given a bulletin and hospitalization is strongly recommended.

Sometimes an employer may doubt the legitimacy of issuing sick leave. Then you can submit a request to the FSS so that employees of this department conduct an internal audit. If everything is in order, sanctions cannot be used against the employee.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

It is necessary to understand that the gynecologist can extend the certificate of incapacity and issue it if there is a suspicion of termination of pregnancy or during abnormal development of the fetus. This means that a woman may not work throughout her pregnancy.

During multiple pregnancy

The presence of two or more fetuses makes it possible to go on full maternity leave until the 30th week. The Labor Code of the Russian Federation allows you to reduce the performance of professional duties by two weeks, if there are no medical instructions to do this earlier.

To be able to officially register a maternity leave at 28 weeks, you must:

obtain a certificate from a doctor confirming the fact of multiple pregnancy;
provide it to the employer;
comply with all procedural norms in order to stop performing work duties before childbirth.

Thus, in this case, it is possible to legally go on maternity leave at 28 weeks.

By agreement of the parties

This method is the most popular if a girl works in hazardous work or is unable to perform her duties for various reasons. However, the employer cannot transfer her to another position. In this case, an agreement between the parties is required.

The agreement is drawn up on an A4 sheet, it must contain the following points:

subject of the contract;
names of the parties;
rights and obligations;
details of the parties.

It will not be possible to format a document as an attachment, since there is no information about it in the source document.

The following schemes for increasing maternity leave are also allowed:

going on leave without pay at the initiative of the employer or employee;
provision of regular paid leave;
dismissal from work as a result of the inability to use an alternative.

In fact, a woman stops working earlier, getting what she wants. However, this vacation is not legally connected with pregnancy and childbirth.

This is important to know: Is advance payment paid on vacation?

How are deadlines set?

A sick leave certificate for pregnancy and childbirth is issued by a gynecologist supervising the woman. There are situations when he is not at his workplace, then this procedure is carried out by another doctor who conducts the appointment. In order to apply for maternity leave, a sick leave certificate is provided and an application is filled out.

As a rule, the documents are submitted to the accounting department and on their basis an order is issued and payment for sick leave is made.

Considering that it is a significant reason for granting leave, some employers do not even ask for an application. If the sick leave should be extended due to a difficult birth, then another sick leave is provided. If after this the woman plans to stay on vacation to care for the baby, then it is necessary to submit a corresponding application.

How to leave work early?

You need to know how to officially go on maternity leave ahead of schedule. This can only be done in case of multiple pregnancy.

The following actions need to be taken:

obtain a doctor’s certificate confirming the presence of two or more fetuses. It should also indicate the due date and PDA (estimated date of birth). Additionally, you need to take a certificate of incapacity for work;
submit documents to the employer;
write an application for maternity leave. It is compiled on an A4 sheet of paper, where the text is approximately the following: “I ask that you grant me maternity leave from “___” _________ 20__ to “___” _________ 20__.” At the end, the attachments are indicated and dated with a signature;
if there is a certificate of early registration, this must also be provided.

If you plan to take leave without pay or annual paid leave followed by maternity leave, you should indicate this in the application. A certificate of early registration is required to receive additional payment. Funds are transferred before the end of maternity work.

The amount of payment depends on the woman’s average earnings over the last 12 months. That is, the accountant must make the calculation and transfer the money to the employee before the 28th week of pregnancy. Therefore, the application should be written in advance. It takes a certain amount of time for the payment to be calculated.

An order must also be issued to provide a specific employee with maternity leave during a specified period. Based on it, you can transfer accrued funds. They are not subject to personal income tax, and in the financial report of the organization it is required to indicate the sick leave code to explain why 13% was not withheld.

Thus, it is possible to officially stop working in connection with preparation for childbirth only in case of multiple pregnancy. If it is not possible to continue working at the enterprise, since there is a threat of miscarriage, it is necessary to take out sick leave or negotiate with management about a transfer to another position.

conclusions

When deciding to take maternity leave later, a pregnant woman needs to think carefully. Maternity time is given to a woman to prepare for childbirth and rest. You need to gain strength to ensure the best health for yourself and your baby.

By working late, a woman puts not only herself, but also her unborn newborn at risk. You should evaluate your strength, level of health and condition of the fetus, and consult your doctor before deciding to go on vacation later.

When you can go on maternity leave ahead of schedule - legal reasons for starting a vacation of up to 30 weeks

In order to officially register maternity leave for pregnancy, the employee must issue a certificate of incapacity for work.

In case of a singleton pregnancy, which occurs without complications and risks to the health of the mother and child, a sick leave certificate is issued starting from the 30th week and lasts for 140 calendar days.

Situations where it is possible to go on maternity leave ahead of schedule are taken into account.

The article describes typical situations. To solve your problem , write to our consultant or call for free:

Duration of sick leave for pregnancy and childbirth according to the law

Article 255 of the Labor Code (LC) of the Russian Federation states that pregnant women can rest for 140 days. In this case, there is a division of vacation into two equal parts: before and after childbirth. Thus, the standard maternity leave occurs at the 30th week of fetal development.

If a multiple pregnancy is diagnosed, then maternity leave is granted from the 28th week. You can obtain it on the basis of a personal application after attaching a sick leave certificate and a certificate of early registration (if available).

Order No. 624-N of the Ministry of Health and Social Development of the Russian Federation states that exemption from work duties as a result of pregnancy and childbirth is a woman’s right. She can use it or ignore it. However, on the day of birth and for the period of her stay in the hospital, she will be provided with a certificate of incapacity for work.

A woman can decide for herself whether she should take maternity leave to care for an infant up to 1.5 years old. It is also allowed to periodically go to work, interrupting rest.

When is maternity leave due?

Officially, Russian legislation has identified 3 cases when every employed employee can go on maternity leave:

starting from the 30th week of pregnancy until the end of 140 calendar days, when it proceeds without complications;
starting from the 28th, if a woman is expecting the birth of two or more babies, the duration of such a maternity leave will be 194 days;
starting from the 27th for women workers living in areas with special climatic conditions.

Important! If the pregnancy proceeds with complications and the birth was difficult, the employee’s vacation period is officially extended by 16 days, indicating them as data for recovery.

In this case, the woman will spend 156 days on maternity leave. To renew, she needs to write an application and the manager must approve the order.

Therefore, it is possible to go on maternity leave ahead of schedule (up to 30 weeks) if the employee has one of the above-described reasons taken into account by law.

The calculation and exact date of maternity leave is carried out by a doctor in the gynecological department, where the pregnant woman must first register. It is this date that is indicated on the sick leave, which must be provided at the place of work.

In case of complications or other peculiarities of the pregnancy process, the employee must request from her doctor supporting certificates and other documents, which will also be attached to the employee’s personal file. After this, you must write an application requesting maternity leave.

Up to 30 weeks due to health reasons

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Officially, maternity leave is granted after receiving sick leave for pregnancy and childbirth and writing an application indicating the date of leave.

In normal situations, this is the period from the 30th week of pregnancy. But with multiple births, this period can be extended, and starts from the 28th. This point is also indicated on the certificate of incapacity for work.

It is noteworthy that sick leave for pregnancy is not provided before this period, and it is impossible to go on maternity leave before this time. But what to do if the employee has health problems even before the start of maternity leave?

Important! If problems arise with well-being, each employee can request sick leave for health reasons, during which he can improve it and resume work duties.

The same applies to employed women who are pregnant. If there is very little time left before going on maternity leave, but your health does not allow you to perform your work duties, you can go on sick leave earlier than due for health reasons (up to 30 or 28 weeks).

To go on vacation prematurely, you need to officially secure this period with certificates and relevant documents from the attending physician, and when the period of maternity leave begins, switch to it.

This will not increase the period of maternity leave, but will allow the expectant mother to take care of her health by taking additional sick leave.

Also, pregnant women are often interested in the possibility of later care - whether it is possible to go on maternity leave after 30 weeks.

Early maternity leave

For premature registration of sick leave for pregnancy and childbirth, circumstances must arise, which include:

The expectant mother has serious complications that can negatively affect the birth or the health of the baby.
If there are vacation days not taken off for the current billing period.
When expecting several children.
If the employee is ready to take days at her own expense.

Going on maternity leave a month before the due date

Every woman has the right to take regular leave before maternity leave. Its duration is established by labor legislation and is 28 days. It is worth noting that organizations cannot provide their employees with fewer days than they are entitled to in accordance with the current regulations. However, management may decide to increase vacations for their employees.

Thus, having written the appropriate application, a pregnant woman can go on vacation a month earlier and prepare for childbirth for three rather than two months.

If a woman has made the indicated decision, then the manager cannot refuse her on the basis that the maternity leave is issued at the 30th week of pregnancy.

Taking maternity leave early due to health reasons

Despite the fact that, in accordance with the Labor Code, there are no grounds related to health problems that are the basis for early maternity leave, many women still take advantage of such situations. How to do it? The fact is that you can go on sick leave ahead of time. To do this, you will need to report your problems to your local doctor, and he, in turn, will issue a sick leave. Next, you need to bring the document to work and go to rest.

If the matter is not only about poor health, but also about the threat of miscarriage, then the expectant mother will have to consult a gynecologist. Upon completion of the examination, the specialist makes a decision to send the patient to inpatient treatment.

In some cases, pregnant women already have older children who may also become ill. In this case, the pediatrician must issue sick leave for the care of a minor under the age of fourteen to his mother.

Important! Taking sick leave due to harmful working conditions is not provided for by law. The only thing the employer can do is transfer the employee to a lighter regime.

It is worth noting that when an employee is transferred from one place of work to another due to the inability to fulfill her duties, her earnings are retained in full. It is worth remembering that the transfer is not carried out in accordance with oral agreements between the employee and the management of the organization. So, the expectant mother is required to submit a doctor’s certificate.

How to go on maternity leave early by agreement of the parties

In order to implement such a plan, you will have to contact the management of the enterprise with a request to provide vacation days at your own expense before maternity leave. This is an extreme option, costly from the point of view of the family budget. However, if we are talking about health, then you don’t have to choose.

Important! Leave without pay is issued without accrual of wages and corresponding social benefits.

Multiple pregnancy

It's easiest to go on early maternity leave with twins. This basis is legal and allows you to go on vacation 84 days before giving birth. This means that a woman has the right to write a statement as early as 28 weeks. Such privileges are not accidental, because carrying and giving birth to two babies requires more strength and health.