Rus Articles Journal

Maternity leave: legal and household aspects of

Most of future mothers, of course, knows what it is a maternity leave: it is the leave granted till the child`s birth. At the seeming simplicity this question has a number of aspects which need specification, - from legal to household. Let`s talk about them in more detail.

Russian legislation on a maternity leave

Questions of a maternity leave: its duration, ways of calculation, a possibility of accession to decretive annual vacation - are covered in the Labour Code of the Russian Federation.

of St. 255 shopping malls demonstrate that women are granted maternity leaves lasting 70 (in case of polycarpous pregnancy - 84) calendar days before childbirth and 70 (in case of the complicated childbirth - 86, at the birth of two or more children - 110) calendar days after the delivery. The maternity leave is estimated totally and is provided to the woman completely irrespective of number of the days which are actually used before childbirth. That is leave is granted for the entire period at once - 140 calendar days (or more), and it is not important how many days you used before childbirth. For example, if childbirth came for 10 days before estimated term and prenatal holiday made 60 days, postnatal automatically increases for 10 days, that is there will be not 70 days, but 80.

it is possible to p to issue the paid vacation relying next annual at work and to use it just before a maternity leave or after it. It is confirmed by the Art. 260 of shopping Mall Garantii zhenshchinam pri ustanovlenii ocherednosti predostavleniya ezhegodnykh oplachivayemykh otpuskov: before a maternity leave or directly after it, or upon termination of a child care leave the woman, at will, is granted annual vacation irrespective of length of service in this organization.

Besides, according to the law, it is possible to appeal to the employer about establishment of part-time or part-time working week. Under the law (Art. 93 of the Labor Code of the Russian Federation) for this purpose it is necessary to provide medical certificate with the corresponding recommendation.


to receive a maternity leave, it is necessary to provide a disability leaf in the place of work or study. The leaf of disability is given in a maternity welfare unit on the term of pregnancy of 30 weeks, its duration as it was told above, 140 days, and at the complicated childbirth or polycarpous pregnancy the term of holiday increases.

Holiday to the assistant

It is natural that to young mother, especially at the beginning, will difficult cope with the duties of one. Perhaps, she will badly feel, and to her it will be important that the husband was near constantly. What can be made in such situation if the husband works? He can take the next vacation which has to it be provided regardless of the term of its continuous work in this organization in connection with a maternity leave of the wife.

So, according to Art. 123 of the Labor Code of the Russian Federation, the annual paid vacation is granted to separate categories of workers at will in time, convenient for them. For providing holiday to the husband it is necessary to file to the employer the corresponding petition.

Monetary aspects of a maternity leave

the Maternity leave lasting 140 days - paid. Who and in what volume finances it?

Throughout a maternity leave the woman will receive the maternity allowance equal to the average earnings (income) or the size of a grant if she studies. All working women have the right for such grant; the unemployed consisting on the account in an employment service; students; women are the military personnel and working in the military organizations as civil personnel.

On what aspects should pay special attention, speaking about payment of a maternity leave?

It is a grant directly depends on the salary size. The matter is that all grants connected with pregnancy and childbirth are paid not for the account of means of the employer (as a salary), and at the expense of fund of social insurance - the state organization which is carrying out social support of the working citizens. For calculation of a grant for the rules existing since January 1, 2004 average earnings in 12 last months will be estimated (in case of work at one employer); to receive benefit in a size it is more than minimum 700 rubles a month, it is necessary in 12 months until an exit in the decree to work not less than 3 months, having higher official earnings. Therefore if the woman only plans the child`s birth, it makes sense to calculate the size of future grant and to estimate the benefits and risks in this case.

Other case - the individual entrepreneur, for example, in the sphere of trade - very widespread female occupation. Where and how to receive benefit to the period of a maternity leave and what its size will be? Such women have the right to receive benefit at the expense of fund of social insurance. However as at individual entrepreneurs, lawyers and some other categories of citizens earnings cannot be estimated by the general rules established for the workers who are getting paid at the specific employer, there are some features.


In - the first, at calculation of the size of a grant consider only the income for that period for which insurance premiums are brought in social insurance fund.

In - the second, daily average earnings of the businessman is counted by division of total of the income on the number of days for which are contributed. After that daily average earnings are multiplied on the number of days of a maternity leave which on the duration is same, as well as at usual categories of workers.

B - the third, irrespective of calculations the size of this grant cannot exceed 12 480 rubles that is established to Federal Law of December 29, 2004 No. 202 - Federal Law.

Other grants

Krom of payment of a maternity leave the current legislation establishes to


several types of grants for future mothers. The part of grants depends on the salary size, the part is established in the fixed size and does not depend on the size of a salary of future or young mother in any way. In the fixed size are established:

the System of payment of grants is installed by Federal Law of May 19, 1995 No. 81 Federal Law “About Welfare Payments to the Citizens Having Children“.

Who has to pay to

money? For different categories of citizens the same grant is paid from different sources. All working women receive benefit at the expense of fund of social insurance; pupils - at the expense of that budget which allocates money for grants in their educational institution; the women serving or working in military units - at the expense of the relevant article of the federal budget. It is necessary to address for receiving a grant in the place of work, study or service, and for collecting a grant - in court; it is necessary to collect a grant from that body which was obliged to pay it.

Sometimes the situation when the woman acquires the right for a maternity leave arises, already being in holiday on care of earlier born child is younger than one and a half years. What grant is necessary in this case? One or the other, at the request of the woman: either maternity allowance, or a child care allowance till one and a half years. It is natural to choose that which is more.

Documents for registration of grants

For registration of a grant in the place of work (study) needs to submit the application for purpose of a grant, the reference from a registry office on the child`s birth and in case both parents work (serve, study), the reference (services, studies) other parent that such allowance was not granted to it in addition is submitted.


At registration of a grant by social security authorities of the population in addition present the extracts from service records, the military ID or other document on the last place of work (service, study) certified in accordance with the established procedure.

Besides, since the birth each child has the right for charge of a monthly allowance. The one who looks after the kid receives this benefit (as a rule, it is parents). Earlier charge of a grant did not depend on an income level. Now only those families in which the average income on each family member does not exceed the size of the living wage established for that region of Russia in which the family lives receive such benefit.

Practical aspects of a maternity leave

Holiday is what always pleases and what it is worth being prepared in advance at least for at the level of judgment that then excruciatingly painful for the used time was not impractical.

Standard the opinion is considered that in lawful holiday it is possible to do everything that your dear will want. But as holiday nevertheless special, intended for the child`s birth, this feature it is worth taking into account.

So what we have on the seventh month of pregnancy? The last, third trimester begins.

the bearing and gait Change: there is enough pot-belly which complicates physical activity and, creating load of a backbone, does not really - that convenient any movements - from walks before homework.

Rapid growth of a uterus is followed by stretching of the copular device that is shown by insignificant pain in the lower departments of a stomach. Usually change of a pose, accurate change of position of a body give relief.

are shown by

of Pain in a back on this term of pregnancy rather often - they are connected with the increased load of a backbone, a softening of joints of pelvic bones - so the organism prepares for possible stretching of a pelvic ring when passing a head of the child in labor.

In such state even if the woman in general not bad feels, is hardly worth going to long travel. Because, in - the first, any travel is connected with more - less long stay in transport, whether it be the train, the plane or the bus. Long sitting not only complicates blood circulation in legs, but also strengthens load of pelvic bones therefore it is better to avoid such trips.

In - the second if you were going to change sharply a climatic zone, it can be fraught with unpleasant consequences, for example premature birth too, - in case during pregnancy there were already problems of a certain sort, both fatigue and feeling sick.

B - the third, for one reason or another on the seventh month of pregnancy childbirth therefore any trip can become extreme can happen. If to consider that the health insurance of a trip does not cover medical services in obstetric aid, that is chance to pay very considerable sum for childbirth in foreign clinic.

Other widespread option of pastime in a maternity leave - repair: it is considered that preparation of the apartment for appearance of the new resident, its updating and washing - the occupation, most suitable for future mother. It absolutely not so. Having decided to do repair, think of such aspects.

In - the first, inadequate pregnancies physical activities without which any repair, even in the presence of team of builders does not do. It is, for example, carrying of any things which in enthusiasm of repair seem much easier, than actually. The raising the pregnant woman heavier than 4 - 5 kg can lead something to increase of intra belly pressure, restriction of movement of a diaphragm, increase in pressure upon the bodies which are in the lower departments of a stomach including on a uterus, and on muscles of a pelvic bottom. And the increased intra belly pressure can aggravate the available pregnancy interruption threat. Besides, carrying weights in hands strengthens load of a backbone.

In - the second, feature of functioning of sheaves and bones during pregnancy, the shift of the center of gravity and load of a backbone make impossible such actions, characteristic of repair, as inclinations, rises extended up hands even if you just exempt the top regiments of a case from things, especially wash a window or hang up curtains. Balance loss, falling and back pains - here rashness consequences during repair.

B - the third, it is necessary to mention toxicity of materials: paints, glue, varnish, filling, zatirka etc. They always contain chemicals, harmful to an organism, which steam inhalation can lead to very serious poisoning, and inhalation of repair dust - to cause allergic reaction.

It is quite natural

that each mother wants to prepare the nursery for the birth of the kid. Also prepare, only do not take in head to paint, glue wall-paper and to bleach ceilings, it is enough to be the think-tank only. You sit to yourself very quietly aside, far away from dangerous step-ladders with the husbands aiming to fall from there, in the fresh air, without breathing in harmful couples, and sharp-sightedly you watch that any important detail did not escape your look.

What can be engaged in

in a maternity leave?

do not forget

that the maternity leave is provided first of all as time of training of mother for the child`s birth therefore it is worth having a rest, sleep, take a walk well: improvement of a physical state and the general health before childbirth will help the woman to get along with such difficult case as the child`s birth and to restore the health subsequently.

Besides, rest it is possible to dilute with it things, pleasant and easy for the pregnant woman, as:

Besides, the maternity leave is remarkable time for walks, communication with friends, receiving pleasure from favourite books, pleasure art, just rest - on a sofa, with the favourite book, in front of the TV. It is that period of a relaxation which precedes the activity explosion waiting for you in the near future.