How to correctly go to the decree at work, what documents need to be formalized, what benefits to get: the rights of an employee who leaves for a decree in the Russian Federation, Ukraine. Is it advantageous to go on vacation before the decree, from the decree to the decree? Do they leave the decree with a maternity seat, PI?

This article will help you understand the legal issues associated with maternity leave.

period Like many other events, going to the decree at work is accompanied by the collection of certain references and documents. Lesson is not to much liking, but rules are rules. To further, you do not have problems and misunderstandings with your superiors, it is better to do everything the way the legislation advises.

How to correctly go to the decree at work, what documents need to be formalized in the Russian Federation, Ukraine?

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 on the account in the women's consultation).

Documents to be provided by the pregnant woman to the personnel department of her company in order to receive a maternity allowance:

• sick leave( for pregnancy)
• certificate of income for the previous two years
• certificate of registration in the antenatal clinic( before12 weeks)
• personal identification documents

Immediately after the birth of the child, an application for a "childcare leave" is written. For its registration, you will need the following documents:

• copy of the child's birth certificate
• statement
• identity documents

The design principle is the same as for the payment of benefits for "pregnancy and childbirth".

Maternity leave is always a problem for the employer

Payments to women going into decree

Now let's talk about what "decretaries" are. This is a benefit that the employer is obligated to 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:

• wages for 2 years / 730 days = average earnings per day( CPD)
• DD x number of maternity days, usually 140 = maximum repayment amount

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.

"maternity" you will not be paid if you do not work officially

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.

Rights of an employee leaving for a decree in the Russian Federation, Ukraine

An employee who goes to a decree has certain rights that the employer has no right to violate. The employee has the right:

• to receive a one-time payment of the BeeRid allowance, as well as monthly childcare fees for the
• , to retain the
• work place to receive the
• leave to re-enter the decree

All this becomes possible if the employee has notified the personnel department in time about his maternity 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.

Is it possible to leave the decree with maternity leave, is it profitable, what kind of payments will be made?

It often happens that a new mother, on vacation on child care, suddenly finds out that she will soon be 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 are 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.

What about payments?

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 a 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 honest. This procedure is quite laborious, so it is much easier for many to refuse one of the payments.

Can the IP go on a decree?

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 all the 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.

for an individual entrepreneur are available two types of decree

Since a woman who is an individual entrepreneur is both a founder and an employee, she can receive a maternity allowance in two versions. Since two manuals on 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, it is necessary just like a regular 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 as for an ordinary employee of

are needed. Is it possible to go to the decree from the exchange?

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 on the basis of 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.

Remember that without a permanent job, the maternity allowance will be minimal

Is it possible and profitable to go on leave before the decree?

Whether to go on vacation before going on the decree or not - this question interests many women who are faced with 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.

Is it possible to go to a decree from a miscellaneous place?

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 "place of maternity" had not previously been officially employed, 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 contract, 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 labor contract is drawn up, or the old one is renewed.

In place of any employee who has gone into the decree, the employer may take for a certain period of time another employee

How much work should be done to go on a decree?

You can go to the decree at least 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 of the most common cases:

1. A woman worked for 2 or more years in the company and went on a decree. Then, as it is written above, the allowance will be calculated on the basis of the calculation of the average salary for the two preceding calendar years.
2. The woman worked for 6 months or more at the company and went on a decree( with the condition that she had not been employed before).Then the allowance will be accrued as well as in the previous case.
3. A woman worked less than 6 months in the company and went to the decree( with the proviso that before that she had not been employed before).The allowance will be calculated based on the minimum wage.
4. A woman worked for 6 months or more at the company and went on a decree( with the condition that she had previously been employed and worked more than 1.5-2 years).The size of the maternity allowance will be paid based on the salary in the new enterprise, and the missing months will be taken from the previous place of work( you need to bring an extract).

To not stay without money, go to the decree is worthwhile, has a minimum work experience of 2 years

Can I continue working in the decree?

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, has the right 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 before delivery and in full( 70 days) after delivery, if there were no complications.

Reduction at work: do I go on a decree?

If the work began a series of cuts, worry about it is not pregnant. 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, the woman has the right, despite the cuts, to ask her to extend her maternity leave on BiR and to give her leave to take care of her child( until the baby is 1.5 or 3 years old).

At the same time, the workplace for the future mother is preserved, and the employer enters into a fixed-term contract with a new employee for a certain period.

Sometimes a decree is very useful, for example, during the reductions of

. Reduction at work: can the employer be forced to go on a decree?

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, just as she does not have the right to fire 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. At the same time pregnant women have the right to easy working conditions, they may not go to work on the weekend and not work in the night shifts, if the work requires it.

Knowing about your situation, the employer has no right to send you to the decree forcibly

Terms of payment of the salary to the employee who goes to the decree

. The term of payment of the ordinary salary of the outgoing employee does not differ from the term of the salary payment to other employees. At that time, the payment of salary ceases, as soon as a woman goes on a maternity leave. At the same time, she is awarded a BID allowance, which must be transferred to the card / bank account or issued personally in the hands within three days after the writing of the application for a BeeR vacation at a time.

Warning! How to calculate the amount of benefits for BIS read in the article above!

And as for the leave to care for the child, this is a bit 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 pregnancy.

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