In our country, every woman has the right to maternity leave - this is regulated and guaranteed by the 255th article of the Labor Code of the Russian Federation.
According to the Labor Code, which is valid today, in the Russian Federation, maternity leave is granted to working women before childbirth - for 70 calendar days. In the event that the pregnancy is multiple, this period increases to 84 days. After giving birth, women are also granted leave for 70 calendar days. This period can be increased in case of complicated birth - up to 86 days, as well as at the birth of more than one child - up to 110 days. During the vacation period, women receive social security benefits, the amount of which should correspond to the average earnings. It is worth noting that those women who do not have a workplace during pregnancy and childbirth do not receive benefits.
To calculate the benefit paid to a woman during pregnancy and childbirth, the average annual earnings for the 12 months preceding the birth are taken as the basis. Payment is made by the employer, funds for payment are transferred by the state organization - Social Insurance Fund. The amount of benefits is regulated by law. Since 2011, a minimum amount of allowance has been assigned for payments to mothers caring for a child. This minimum assigned to the mother caring for the first child is equivalent to 2194.34 rubles per month. Women caring for a second child, as well as subsequent children, should receive at least 4388.67 rubles per month. In addition to the minimum limit for the size of the benefit, there is a maximum limit of 1136.99 rubles per day. The maximum amount of the allowance for the mother who gave birth to the first child should not exceed 40% of the average earnings calculated from the moment the mother goes to work after the maternity leave ends. In the event that a second child is born before the first reaches the age of one and a half years, the mother is given the right not to stop receiving this allowance in return for receiving the allowance expected to be paid for pregnancy and childbirth (a woman can choose the allowance at her discretion).
It should be remembered that since 2011 new, slightly changed rules for calculating payments have been in force. So, on January 1, 2011, document N 343- was received, which amends the existing procedure for calculating maternity benefits, as well as caring for a child.
So, since the beginning of 2011, benefits for pregnant women and women who have given birth are subject to calculation, which is based on the average earnings for the two calendar years preceding pregnancy.
The calculation of average earnings is made by summing the payments from which deductions of insurance premiums are paid to the FSS of the Russian Federation, with their subsequent division by the number of days, which is strictly fixed. This number, regardless of the number of days that were actually worked out, is 730.
Legislation to consider
Before getting maternity leave, or immediately after it, as well as after the end of parental leave , a woman has the right to receive annual leave, which must be paid in accordance with the law.
Vacation by pregnant women excludes the possibility of dismissal of the woman by the employer during the vacation period. An exception can only be the case of liquidation of the enterprise.
When the maternity leave ends, the woman is granted the right to receive maternity leave until the latter reaches the age of three years.
Employers should be attentive to pregnant women workers and not to forget that their rights are protected by law.