So, today you and I will find out what Art. 255 of the Labor Code of the Russian Federation. It governs the rules that apply to maternity leave. This topic will be interesting to many, especially women who are going to give birth to children. After all, pregnancy is a very difficult and sometimes dangerous period. In combination with work, it can sometimes end not in the best way. Therefore, women are given a “break”. And many are waiting for this vacation. Maternity - this is the name he bears. What are the nuances of this process? How to get it? Who is entitled to it? How long will it last? About all this and not only read on!
What
We start with the fact that we will figure out what is at stake. What is maternity leave? To understand this is not so difficult in fact.
Any woman sooner or later decides to have a baby. But in the modern world, the "beautiful half" is often forced to work officially in order to survive. In pregnancy and some time after the birth of the newborn, it is impossible to combine work and caring for the baby. Moreover, without prejudice to both the employer and the child. Therefore, you can not do without maternity leave. Toward the end of the 3rd trimester and several months after completion of labor.
It turns out that we will actually have a kind of mini-vacation on which preparation for childbirth and recovery after them are carried out. But note that you then have the right to issue Holiday to care for the child. Otherwise, you will have to go to work and continue to work again.
how many
But what does Art. 255 of the Labor Code of the Russian Federation? The thing is that there is very little really useful information here. Much more nuances of the process are described in the comments to the article. In any case, it is clear from the text that according to the statement of the pregnant woman at the end of the 3rd trimester of the “interesting position” she is granted maternity leave. Different duration, depending on the situation.
In general, 70 days are assigned to you before the DA. Plus, after the birth - the same amount. It turns out that on average the duration of the “break” will be 140 days. Pretty much if you think about it. Only the calculation of maternity leave is subject to change. For what reasons? And how much difference will be visible? Remember all this will help Art. 255 of the Labor Code of the Russian Federation.
Special cases
Well, we have already found out that the leave, which is given in connection with the employee’s pregnancy, as well as childbirth, lasts 140 days. But this is ideal. Pregnancy is a period that can be complicated by many factors. They, no matter how strange it may sound, affect the duration of our today's "break".
How exactly? Art. 255 of the Labor Code of the Russian Federation indicates that with multiple pregnancy you will receive leave before childbirth already in 84 days, and after - in 110. That is, our break will increase, and significantly. After childbirth, leave is granted for 110 days if you have given birth to more than one baby. It doesn’t matter how much - 2, 3 or more. But the fact remains.
Also pay attention to the condition of the pregnant employee. Sometimes childbirth can be complicated by something. In this case, after them (under the condition of a single pregnancy) you will be offered leave for 86 days. But during the "interesting situation" all the same 70.
Order
Of course, the official registration of this period takes place. The thing is that to get a “break” you have to write and give the employer a maternity leave application. The employee who is about to give birth writes it directly.In general, as a rule, there is no exact shape of the sample. It’s just worth indicating how long you want to get legal rest from work.
It is also worth noting that Part 1 of Art. 255 of the Labor Code of the Russian Federation points to one very interesting feature. After you get your leave, you will have to pay a special maternity allowance. It turns out that the employer not only gives his employees a vacation, but also somehow pays for it. The exact amount will depend on your salary.
Disability certificate
There is another very important point that many women should care about. In addition to the fact that you will have to submit an application for maternity leave, some other information is mandatory attached to it. Without it, you won’t be able to take a legal “break” for yourself. Therefore, pay particular attention to this document.
This is a so-called disability certificate. Each working woman should receive it at a certain period of her "interesting position". Usually there are no special problems with this. A certificate of incapacity for work will be issued to everyone who registered with the antenatal clinic (it doesn’t matter whether it’s paid or free).
Such a document is issued without fail as a certificate. What exact moment? At 30 weeks of gestation, regardless of when exactly you were registered. That is, if you wish, you can not visit a doctor before the specified time, and then just do it "for show" in order to get the appropriate certificate. By the way, you can go on vacation in connection with childbirth and pregnancy precisely on her 30th week. Only in practice, women are now trying to work up to the DA, to increase their maternity benefits.
Allowance
Part 3 deserves special attention. 255 of the Labor Code of the Russian Federation. He is talking about benefits that will be paid for pregnancy and childbirth. Do not confuse it with childcare payments (maternity). This is a completely different matter.
The thing is that the law states that the amount of benefits is set at the federal level. But only in reality will they promise you to pay it, depending on your official salary. The social benefits for pregnancy and childbirth are increasing every year. Slightly, but it's better than nothing at all.
The manual at the moment (2016) has several types. The first is a one-time payment for early registration at the antenatal clinic. It is paid to all (even non-working) in the amount of 581 rubles 73 kopecks. But for the direct birth of the baby (for pregnancy and childbirth) - 15 512 rubles and 12 kopecks. That is, exactly this amount you can get. Next, you will have to draw up a monthly child care allowance. It will directly depend on your salary.
Dismissal
It is also worth paying attention to Art. 255 of the Labor Code of the Russian Federation with comments. They can find a lot of useful information. The whole problem is that not all pregnant women are aware of their rights and are able to protect them.
It can be noted that not only officially working under an employment contract are entitled to leave in connection with pregnancy and childbirth. This also includes citizens who were dismissed due to the liquidation of the enterprise (12 months after the company was recognized as abolished) if pregnancy occurred no later than a month after your dismissal for a number of reasons (moving to your husband, changing your spouse's job, illness, caring for sick family member or a disabled person of group 1).
Women who study and work (with a separation from work) are also entitled to maternity leave. At the same time, one can only claim for social benefits, it is established at the Federal level annually. So keep that in mind. We can say that any woman has the right to maternity allowance. But leave in connection with these events is provided only to students and officially employed citizens.
Subtleties and nuances
What other points should I pay attention to? Comments on Art.255 of the Labor Code of the Russian Federation reveal all the subtleties of providing maternity leave. So, you need to pay attention to them.
In addition to the foregoing, it should be noted that the payment of benefits in connection with the birth of a child should be made no later than 10 working days from the date of delivery of all necessary documents. And if we are talking about a working woman, then the money is given out in your company.
Holidays granted in connection with pregnancy and childbirth are not noted in the work book. It is recorded as an experience. The employer has no right to dismiss his employee at this moment. It's illegal.
It is also worth noting that in order to receive payments after pregnancy and childbirth (child care), the mother must officially “work out” for at least 2 years. Otherwise, there will be no point in your employment.
A little bit about the disability certificate. It is issued only by a medical institution. Moreover, the rules for extradition are established at the legislative level. Mandatory on the sheet must be the signature of the doctor and the seal of the medical institution. It also indicates the gestational age, as well as the initials of the pregnant woman. Without this leaflet, the employer does not have the right to provide official maternity leave. So, keep this fact in mind.
findings
As you can see, our topic today concerns many. Art. 255 of the Labor Code of the Russian Federation plays an important role for women who are going to have a baby. Leave to pregnant women, as a rule, is issued only at 30 weeks of pregnancy. But you can put it off. Moreover, after childbirth, the duration of the "break" will not increase.
Registration thereof will not be difficult if you were registered for pregnancy. Otherwise, you will have to work hard to get a disability certificate. Just present it to the employer with the appropriate statement, and then wait. At the 30th week of pregnancy, you can take a "break". We already know the period of maternity leave. On average, it is 140 days.
