When pregnancy occurs, any woman asks an important question about what week they go on maternity leave. It is important to know that in accordance with article 255 of the Labor Code of the Russian Federation, every pregnant woman working in an organization on the basis of an employment contract has the full right to maternity leave. This time, established by the state and necessary for the birth of a child and subsequent care for him, includes several periods:
- leave associated with pregnancy and childbirth;
- leave intended for the care of a child up to a certain age (maximum 3 years).
The first period, in turn, is conditionally divided into prenatal and postnatal stages. The beginning and duration of these stages depends on the individual characteristics of the course of pregnancy, the severity of childbirth, and a number of other circumstances.
The legislation of the Russian Federation approved a number of factors affecting the duration of maternity leave. They also help determine which week they go on maternity leave in a particular situation.
Factors affecting the duration of the antenatal period:
- usual pregnancy - 70 days;
- multiple pregnancy - 84 days;
- Pregnancy of women exposed to radiation during the disaster at the Chernobyl nuclear power plant - 90 days;
- artificial insemination - is established individually.
Using simple mathematical calculations, you can calculate the beginning of maternity leave, minus the desired number of days from the estimated date of delivery.
Based on the fact that a normal pregnancy involves 40 weeks, you can easily determine which week they go on maternity leave:
- during normal pregnancy - after 30 full weeks;
- with multiple pregnancy - after 28 full weeks;
- for women who were exposed to radiation as a result of the disaster at the nuclear power plant in the city of Chernobyl - from the 27th week of pregnancy.
There are factors affecting the length of the postpartum period:
- usual birth - 70 days;
- childbirth with various complications - 86 days;
- multiple births (two or more fetuses) - 110 days;
- premature birth up to 30 weeks and with a live baby - 156 days;
- premature birth up to 30 weeks with the birth of a dead child or his death in the first week - 86 days;
- adoption of one / several babies - 70/110 days from birth.
Thus, it is easy to calculate from which week they go on maternity leave, as well as its full duration in unusual situations. For example, a woman who was recognized as a victim of the consequences of the disaster at the Chernobyl nuclear power plant and who expects twins, will go on maternity leave from the 27th week. With a favorable outcome of the planned birth, the total time of this vacation will be 90 + 110 = 200 days.
The basis for granting a pregnant woman maternity leave is the corresponding sick leave issued at a medical institution. An additional statement from a woman is not required. Preterm birth is not a reason for canceling and recounting maternity leave, the woman retains the right to it no matter from which week maternity leave begins.
The right to determine for pregnant women the time of the onset of disability, namely, to find the answer to the question of which week they go on maternity leave in each particular case, remains with the doctors. After the birth of the baby and at the end of the
certificate of incapacity for work, a woman can go to her place of work. Another scenario is the use of parental leave up to 1.5 or 3 years. In this case, a personal statement is required.