Payment of maternity leave

The question of how and at what time the maternity leave is paid, excites any representative of the fair sex who is in an interesting position. The expectation of replenishment in the family is always accompanied by paid vacations at work, and late payment of leave can darken the mood of the pregnant woman, which in this state is highly undesirable.

According to Article 255 of the Labor Code, the minimum duration of maternity leave is 70 days before the birth of the baby and 70 days after the birth of the child. With complicated births, a young mother receives a vacation of 86 days after the baby was born. To do this, it is necessary to draw up a duly executed application and provide it to the employer together with the doctor's conclusion issued in that maternity ward, where the long-awaited baby was born. If a woman is expecting more than one child, but twins or triplets, she gets a vacation of 84 calendar days in advance of the expected date of birth of children, and 110 days after becoming a mother. Legislation fixes the total calculation of maternity leave.

Thus, if a woman gave birth to a child before the expected date, the difference between the length of the paid maternity leave, which should be used before the birth of the child, and the actual number of days before the birth is added to the number of days that are included in postpartum maternity leave. Payment for leave should be made at the same rates. The payment of maternity leave provides for not only the payment of a woman's average monthly wage without taking into account the allowances, but also the provision of all sorts of allowances and compensations that she would receive if she performed her usual labor function. In the case of part-time work, maternity leave must be paid for all duty stations.

If a woman wishes to "extend" her vacation on the occasion of pregnancy and childbirth, she always has the right to ask the employer to give her an annual basic leave immediately before her maternity leave, or immediately afterwards. The employer has no right to refuse it for no apparent reason. Thus, in this case, the minimum length of rest time in a row will be 168 calendar days. Payment for maternity leave occurs at the same time before it starts. Upon the provision of a certificate of incapacity for work, a pregnant woman receives payment for the entire maternity leave entirely. If a woman takes a basic vacation immediately after childbirth, then the payment takes place no later than 3 days before the expiry of the maternity leave. In practice, there may be cases in which the amount of the benefit can not be determined at the time when the maternity benefits are paid. For example, at first the woman assumed that her maternity leave would last 140 days, but the birth was accompanied by complications, as a result of which she was given the right to postpartum maternity leave of a longer duration. In this case, the young mother must provide a certificate issued to her in the maternity ward at any time convenient to her. The employer is obliged to pay the maternity leave immediately upon granting such a certificate to the woman.

According to the new rules of the Russian legislation, when paying for maternity leave, not the last twelve months of work are now taken into account, but the last twenty-four. The average salary of a future mother, paid as a benefit, is determined on the basis of her salary for the last two years. However, before the end of 2012, the woman has the right to choose the rules for calculating the average wage for maternity leave, which will be applied specifically to her. She can write a statement about the application to her of the old method of calculating the payment of her maternity leave. The employer is not entitled to refuse her and is obliged to satisfy such a statement.