This article will help you understand the legal issues associated with maternity leave.
Like many other events, leaving on maternity leave at work accompanied by the collection of certain information and documents. Lesson is not to much liking, but rules are rules. So that in the future you do not have problems and misunderstandings with your superiors, it is better to do everything the way the legislation advises.
The legislation of the Russian Federation and Ukraine is structured in such a way that any female employee who is in the position has the right to go on maternity leave. You can do this starting from the 30th week( provided that she is registered with a women's consultation).
Documents to provide pregnant staff of the enterprise department to receive maternity allowance( maternity):
Immediately after the birth of the child, an application for a "childcare leave" is written. For its registration you will need the following documents:
design principle is the same as that for the payment of benefits, "maternity leave".
Now let's talk about what are the "fiat".This is a benefit that the employer must pay to each employee who goes on maternity leave in connection with childbirth. This is not a child care allowance, because the latter is calculated and paid separately.
The ordinance is usually calculated by the firm's accountant, and it is:
Important! If a woman works in the company for less than six months( 6 months), the allowance will be equal to the minimum wage at the moment in the country.
It's interesting! In fact, not an employer, but the Social Security Fund transfers the maternity allowance to the employee's account. The employer only transfers the necessary data to the Fund. It is worth saying that a woman herself can directly apply to the Fund and receive payment.
An employee who goes to a decree has certain rights that the employer has no right to violate. The employee has the right:
All this becomes possible if the employee has notified the HR department in time about hisMaternity leave. We remind you that it is necessary to register for pregnancy up to 12 weeks, and notify the authorities and the personnel department about the forthcoming maternity leave even earlier.
It often happens that a newly-minted mother, on leave for child care, suddenly finds out that she will soon become a mother again. In this case, she should re-enter the decree. But how to do it, if she already "sits" in a decree? What payments are laid and whether they are laid at all? Yes, payments have been made. In this case, you will have to write a new application addressed to the employer( immediate superior) about the termination of one vacation and the granting of another.
With respect to payments: recalculation will be made with the replacement of two calculated years. At the moment, the law clearly states that to receive a woman has the right to only one benefit: either for the care of a child, or for pregnancy and childbirth with further registration of childcare allowance. Here the pregnant employee has the right to choose one of the two.
Note! Some women, unwilling to part with money, take care of the child for some of the closest( or distant) relatives, and go on vacation due to pregnancy and childbirth.
This method has its consequences, because it is not entirely fair. This procedure is quite laborious, so it is much easier for many to refuse one of the payments.
Like a regular employee of an enterprise, a woman who is an individual entrepreneur also has the right to go into a decree. This can be done if the entire previous year( calendar) before pregnancy, it regularly paid to the Social Insurance Fund. Simply put, regular payment of taxes and mandatory contributions makes it possible to care for paid maternity leave.
As during the maternity leave the activity of the PI is suspended, all payments to the state are also canceled for a while. No profit - no payments. Of course, this only works during the decree.
Since a woman who is an individual entrepreneur is both a founder and an employee, she can receive a maternity allowance in two ways. Since two benefits for maternity leave can not be simultaneously obtained, she has to choose one of the two options at her discretion.
To go into a decree to a female entrepreneur, you need just the same as an ordinary employee to write an application first on leave in connection with pregnancy and childbirth, then after taking care of the child, if necessary. For this, all the same documents are needed as for the ordinary employee
It is possible to leave the labor exchange as a decree. If before you received unemployment benefits, then after the registration of maternity leave you will receive benefits that will be calculated based on your earnings for 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 pay the sick leave. Although you can also receive unemployment benefits.
In any case, you need to contact the Social Protection Authorities.
Whether to go on vacation before going on to the decree or not - this question interests many women who have faced such a situation. More often than not, the answer is yes-yes, it's profitable to go on vacation before going on to the decree or right after it! In that case, you must write a vacation application and get your legal vacation. Then you will need to come back to the personnel department of your enterprise and write a statement about leaving for maternity leave( referring to the sick leave).
Sometimes it is advantageous to go on vacation right after the end of the "decree".In this case, you will be recalculated vacation.
If it so happens that you have settled into a maternity place and after some time learned about your pregnancy, then this part of the article will interest you. Since you are officially employed, all the payments made in this situation apply to you.
Help! In the event that a pregnant employee who came to the "decree place" had not been formally employed before, the payments to her will be transferred on the basis of the minimum wage in the country at the moment.
It is important to say that an employee who came to the "decree place" is an urgent, that is, having an exact time frame, an employment contract. As soon as his term expires, the employee must be dismissed. But this may not happen if the woman who was replaced by 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 renewed.
You can go to the decree from the first day of employment to the company. A completely different conversation - what will be the size of the maternity allowance. Let's consider some the most widespread cases:
Sometimes there are cases when pregnancy proceeds so easily that there is no point in going on maternity leave and you can safely continue working. Or else a difficult financial situation makes you come to work even when you are pregnant.
In such and similar cases, a woman, according to the legislation of the Russian Federation, is entitled to one of two payments: either for maternity benefits, or for her wages. In any case, she still has the right to maternity leave on BIS, but in the abbreviated form until delivery and in full( 70 days) after delivery, if there were no complications.
If a series of contractions began at work, it's not worth worrying about it with pregnant women. According to the law, the employer has no right to leave without work a woman who is currently in a maternity or maternity decree, or is only going to go there. Also, a woman has the right, despite the cuts, to ask her to continue her maternity leave on the BiR and to give her leave to take care of her child( until the baby is 1.5 or 3 years old).
In this workplace for the future mother is saved, and the employer concludes a fixed-term contract with a new employee for a certain period.
Personal right of a woman to go on maternity leave or not. Our legislation allows a woman to work right before delivery, if there is a personal desire for a pregnant woman. The chief does not have the right to strongly send a woman to the decree, as well as she does not have the right to dismiss her while she is in the decree.
At the same time, if a woman provided a certificate of pregnancy to the personnel department, she may ask to cut her work day. In this case, pregnant women are entitled to sheltered employment, can not go to work on weekends or work in the night shift, if the job requires it.
Repayment period regular wage leaving on maternity leave the employee is no different from the term of payment s / n othersEmployees. At that time, the payment of the salary ceases, as soon as a woman goes on a maternity leave. In this case, it is calculated Benefit BIR, which must be listed on the card / bank account or given by hand for three days after writing an application for leave to Beer at the same time.
Attention! How to calculate the amount of benefits for BIS read in the article above!
And as for the leave to care for the child, then things are different with this. Payments must be made monthly at the same time. However, the amount of these payments does not exceed 40% of the official earnings of the employee in the period before the pregnancy.
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