When should i go on mat leave

Maternity Leave - American Pregnancy Association

Maternity leave refers to the period of time that a new mother takes off from work following the birth of her baby. Many companies have similar policies for fathers, which allow for paternity leave. Maternity leave is usually created from a variety of benefits that include sick leave, vacation, holiday time, personal days, short-term disability and unpaid family leave time.
It is important to plan your maternity leave so that you and your family do not experience any unexpected financial challenges and you can make the most of your time with your baby.

Short-term disability is a type of coverage that pays your salary, or at least a portion of it, for a certain number of weeks because of medically related needs. Larger companies frequently include this benefit, and some states have mandates requiring that it is included in your benefits.
You may also purchase this type of coverage from your local insurance provider.  The percentages paid and the lengths of time of coverage vary. The coverage time may also be affected by complicated births (i.e. cesarean delivery), so it is important to confirm what your policy covers.
It is possible that you may have coverage from multiple avenues, so it is important to confirm what the policies are with your company. It is also important to ensure the coverage begins before you conceive because you would become ineligible after conception. Any monies paid to you from your employer are taxable, but it is possible that this may be offset by the new deduction that comes with your new baby.

Most companies allow you to use your sick, vacation and holiday time towards your maternity leave. Some companies require that you use these benefits first before using any disability or unpaid time. It is important to check with your human resources department to confirm the policies related to using your sick, vacation, and holiday time in relation to your maternity leave.
Also, question any restrictions on how it is used with disability and/or unpaid leave time.

The Family and Medical Leave Act (FMLA) is a law that requires most companies to allow their employees up to 12 weeks of unpaid family leave time after the birth of their child. The FMLA applies to both men and women and is also available for those that adopt a child.
If the parents work for the same company, the 12 weeks is then divided between the two of them and is an accumulation of both of their time (i.e., each could take 6 weeks off, or one could take 4 weeks while the other takes 8 weeks).
There are exceptions to the FMLA which release a business from the obligation of allowing unpaid time off. These exceptions include the size of the company (less than 50 employees), the time of employment (less than 12 months), and level of wages (top 10%).
Employees with incomes that account for the top 10% of wages for the business may not have access to the unpaid benefit if the company can show with evidence that your absence creates significant financial harm to the organization.  Some states have family leave acts that are broader than the federal mandate.
Check with your human resource department regarding your family leave time:

• Determine if there is a state family leave mandate.
• Find the policies and restrictions on using vacation, sick, and unpaid time together.
• Check with your boss about any concerns related to your time away.
• Inquire about what happens to your benefits while you are on leave, whether or not anything changes, and who pays your premiums while you are on leave.

For families who can afford it, unpaid family leave is an excellent opportunity to further bond with your baby, establish the baby’s routine, get rest, and organize things around the house. It is even more important to plan your maternity leave when you are using unpaid leave because there is a greater probability of experiencing financial challenges.

Some women begin taking their leave a week to a month before the expected birth because of discomfort or the desire for time to prepare. Others wait until the last moment so they can maximize their time with the baby once it arrives.
The FMLA requires that you provide your employer with at least a 30-day notice of your intentions to take unpaid family time. Your boss will appreciate any additional advance notice to plan around the time you are absent.

There are a number of things you can do to make your maternity leave the best possible for both you and your employer:

• Check-in with your human resources department to find out the details about your maternity leave options. This will help you plan for your best maternity leave options.
• Sit down with your partner and evaluate what time you can afford to take. It is better for you and your employer to know the plan ahead of schedule.
• After completing your first trimester, start the communication with human resources and those affected by your leave to help all parties prepare.  Some employers are less friendly to pregnancy than others. You may need to evaluate the best time to share the news based on previous experiences you have witnessed in the office.
• Provide your boss with suggestions and strategies to address your duties while you are gone, insights on what projects you are working on, and suggested co-workers to meet your responsibilities while on leave. This can help overcome the potential concerns noted above.

For Additional Information:
U.S. Department of Labor Wage and Hour Division 200 Constitution Ave, NW Washington, DC 20210 1-866-487-9243

Compiled using information from the following sources:

1. U.S. Department of Labor

https://www.dol.gov/agencies/whd/fmla

2. U.S. Government Publishing Office

https://www.ecfr.gov/cgi-bin/retrieveECFR?n=pt29.3.825#se29.3.825_1217

When is the best time to start my maternity leave?

Things to consider when choosing when to go on maternity leave

Choosing when to start your maternity leave can be a difficult decision, especially if you’re experiencing difficult pregnancy symptoms or work in a physically demanding job but want to spend as much time as possible with the baby after it’s born.

To help you with your decision we’ve compiled the facts, alongside some advice on what to think about when choosing your leave date. 

When’s the earliest I can start my maternity leave?

The earliest you can start your maternity leave is usually 11 weeks before your due date. However, even if you decide to work right up until your due date, if you end up taking time off with a pregnancy related illness during your last month of pregnancy, your leave will start then. Similarly, if you go into labour early, your maternity leave will begin from that date.

When’s the latest I can start my maternity leave?

Unless specified by your employer, you can continue working right up until your due date if you wanted to. However it’s usual to take your leave a week or two before your due date, to avoid the stress of going into labour at work and ensure the safe, planned arrival of your baby. 

What should I consider when making my decision?

How you’re feeling throughout your pregnancy. Everyone’s pregnancy is different. If you’re struggling to continue working, due to symptoms such as lack of sleep, back pain, heartburn, the list goes on, you might be left with no option but to start your maternity leave early and try and relax and treat the symptoms. On the other hand, you could be finding pregnancy a breeze! In which case, you’ll have the energy to keep working up until your preferred date. 

Your commute to work

Commuting to work can be stressful enough with busy and delayed trains or hours spent in traffic, but this is greatly intensified when you have a bump to think about too, not to mention exhausting. If your job involves a long commute that can’t be avoided, you might want to think about taking your leave early to avoid the nightmare commute!

Your job’s demands

If you work in a particularly physically or emotionally draining job, you may find it hard to continue working until close to your due date, and prefer to take leave early. Alternatively, if you’re able to work from a desk at home you could be happy to continue working as close to your due date as possible.

Your plans before birth

Perhaps you’d prefer to take your leave early to solely focus on getting organised and getting ready for your little one, or maybe you want to enjoy a relaxing babymoon before your new arrival changes life as you know it! If you’ve got everything sorted and think you’ll actually be pretty bored on maternity leave in the weeks before the baby then maybe you’ll want to work closer to your due date. 

Advice from other mums

It can be really helpful to talk to other friends and family about their maternity leave experience, especially if they work in a similar profession to you. Better still, if you have people at your work who’ve already taken maternity leave, why not go to them for advice. 

Can I change the date of my maternity leave?

You can change the date of your maternity leave but must give your employer 28 days notice. If you’re starting to feel much more tired than expected you might want to think about bringing your leave date forward, alternatively you might have more energy than you thought and would prefer to keep working closer to your due date.

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When to go on maternity leave. Calculator

HomeLabor rights

The online calculator calculates the date of maternity leave based on your gestational age, singleton or multiple pregnancy, your desire to take leave before the decree and the production calendar.

Based on Article 160 of the Labor Code (Labor Code of the Russian Federation), a woman has the right to take annual paid leave before maternity leave, which will smoothly flow into maternity leave. And if non-working holidays fall during the period of annual paid vacation, then the program, in accordance with Article 120 of the Labor Code of the Russian Federation, will extend the vacation by the number of such days, adjust the date of legal vacation and display a table with a list of these holidays. The transfer of holidays in 2021 and the transfer of weekends in 2022 are taken into account in accordance with the Decrees of the Government of the Russian Federation. nine0003

The results of the calculation display additional useful information:

• comments on the procedure and terms for issuing a certificate of incapacity for work,
• a description of your actions when going on maternity leave,
• terms for calculating and paying benefits by the employer,
• sample application for maternity leave and childbirth,
• link to the article about maternity leave,
• link to the article about annual paid leave for pregnant women before the decree,
• link to the maternity allowance calculator,
• link to the calculator of the new monthly allowance for pregnant women for early registration in the residential complex,
• list of holidays (if any), for which annual paid leave is extended if you plan to take him before the decree.

To calculate the date of maternity leave, you need to know the date of the first day of the last menstruation (LTMP). If the expected date of delivery (EDD) according to the EDMP does not match the obstetric due date, enter the due date calculated by the OB/GYN. This is possible with an irregular cycle, when it is impossible to determine the first day of the last menstruation - then the estimated date of birth is set according to the results of an ultrasound scan. nine0003

You can get more detailed information on maternity leave, ask a question on the calculator, get advice or leave a comment in the article "Maternity leave (maternity leave)".

Calculate by:

LMP

obstetric term (ODD)

, enter the date of the EDD calculated by the OB/GYN

First day of last menstrual period

Enter the date of the first day of your last menstrual period.

Estimated due date

Enter the due date calculated by the obstetrician at the clinic.

What kind of pregnancy do you have singletonmultiple

Please indicate if you have a singleton or multipleton pregnancy.

Taking a vacation before the maternity leave no

Do you want to take another paid vacation before the maternity leave?

Took a vacation this year no yes

Did you take another paid vacation this year?

Vacation balance

Specify the number of days left from the next paid vacation.

Vacation duration

Specify the total number of days of the next paid vacation.

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how to leave, the essence, terms, documents, rules for registration, payments and exit from the decree

Maternity leave is usually called maternity leave. And sometimes - and leave to care for a child up to one and a half or three years. nine0003

Diana Shigapova

lawyer

According to the law, these are two different holidays - they will need different documents. Deadlines, rules for registration and benefits for them also differ.

We have already written how to calculate maternity payments and how to get out of maternity leave. In this article, we will analyze how to properly go on maternity leave. Maternity leave I will abbreviate as BiR, and for childcare - UzR.

Registration rules

The laws do not contain step-by-step instructions on how to apply for leave in BiR and UzR, but various regulations state who can go on maternity leave and when, how the allowance is assigned and what documents will be needed. nine0003

The right to leave in BiR, and then in UzR, is guaranteed by the labor code.

Art. 255, 256 of the Labor Code of the Russian Federation

How a sick leave is issued for B&R

Only a pregnant woman can go on vacation for B&R: it is issued on the basis of a sick leave. It is issued at the 30th week of pregnancy, and if a woman is expecting twins or more, at the 28th week.

Both a woman who has given birth and a father, grandmother, grandfather or other relative who cares for the baby can go on leave in UZR. nine0003

/prava-uchebnik/

Course: how to protect your rights at work

List of required documents for maternity leave

First, the doctor draws up sick leave. In 2022, there are no paper certificates of incapacity for work - everything is issued electronically.

Immediately after filling out and signing, the doctor sends an electronic sick leave to the FSS. And the woman is given a paper coupon in her hands, which contains all the necessary details: sick leave number, who issued it, the period of incapacity for work. nine0003

An accountant at the place of work, having entered the FSS website, fills out his part of the sick leave - the length of service and the average daily earnings of the employee - and calculates the amount of the benefit.

What to do? 07/15/19

How can an individual entrepreneur receive maternity payments?

If a woman works for several employers and worked for them for the previous two years, she must report the number of the electronic certificate of incapacity for work for each place of work.

clause 19 of the Regulations on the procedure for calculating benefits

Application for maternity leave. Since 2022, an unclaimed procedure for the payment of benefits, including benefits for pregnancy and childbirth, has been in force in Russia. Sick leave is generated electronically, and money is accrued automatically, but at work a woman may be asked to write an application for leave in B&R and provide an electronic sick leave number - it will be written on a coupon from a medical organization.

Certificate of income from employment for the previous 2 years will be required if the woman has worked for this employer for less than three years. This document is needed to calculate benefits. nine0003

Part 5 13 of the Law "On Compulsory Social Insurance"

Decree order. The employer can use the unified form T-6 or develop his own form of order.

Duration of vacation

Vacation in BiR and vacation in UzR last a strictly defined number of days.

Maternity. How many days a woman will stay on sick leave in BiR depends on how the birth went and how many children she had. nine0003

Length of leave in BiR

Delivery passed without complications

Number of days before delivery

70

Number of days after delivery

70

0122

Numbs before delivery

70

days after delivery

86

Born two or more children

Number of days before generation

84

days after birth

were born two or more children, but multiple pregnancy was determined at delivery

Number of days before delivery

70

Number of days after delivery

124

Early: 22nd to 30th week of pregnancy

Days to delivery

-

Days postpartum

156

pregnancy, two or more children were born

Number of days before delivery

-

Number of days after delivery

194

What is considered a complicated birth is listed in the special instructions. This is, for example, a caesarean section or childbirth, during which a woman lost a lot of blood. nine0003

The instructions also spell out how doctors should extend the period of sick leave in the postpartum period of a woman if childbirth suddenly becomes complicated.

/list/v-dekrete-slozhno/

4 difficult situations that may arise during the decree

Caring for a child up to 1.5 or 3 years old. The UZR period can be up to a maximum of 3 years of age. A woman can go to work at any time. Often this happens 1.5 years after childbirth, when the child care benefit period ends. nine0003

From which date does the vacation count. The calculation of leave for BiR is determined by an obstetrician-gynecologist. The general rule for everyone is that B&R leave should start from the 30th week of pregnancy, and if the pregnancy is multiple, from the 28th week.

The doctor issues a certificate of incapacity for work, regardless of whether the woman is going to go on vacation in BiR or not.

Parental leave begins immediately after the end of the B&R leave - usually on the 71st day after the birth of the child. nine0003

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How to get out of the decree

When to return to work

A woman must return to work on the next working day after the child turns 3 years old.

Is it possible to leave the decree ahead of schedule. The law does not provide for the possibility to return to work before the B&R leave ends. For example, 30 days after birth. If the employer meets the employee halfway, then the FSS, who overpaid maternity leave, will require the employer to return the overpayment. The employer will have to return the overpaid allowance to the FSS from his own pocket - the woman will not be able to keep it. nine0003

Letter of Rostrud dated May 24, 2013 No. 1755-ТЗ

You can return to work at any time from leave in UzR, without waiting for the baby to be three years old. At the same time, the mother retains the right to return to vacation again if she wants.

Is it possible to work during maternity leave. A woman can apply for a part-time job and work while on vacation in UzR. To do this, you need to write a statement to the employer with a request to establish part-time work with the desired schedule.

Art. 93 Labor Code of the Russian Federation

During a vacation in BiR, this will not work.

Extension of leave under the law

There are situations when the child is 3 years old, but the woman cannot return to work. For example, a child was not given a place in a kindergarten, and there is no one to leave him with.

Is it possible to extend maternity leave after 3 years of maternity leave. There are two options:

1. Take basic or additional leave, which is due, for example, to workers in hazardous and hazardous industries. These holidays can be issued if the employee did not have time to take them off before going on maternity leave. nine0012
2. Take a leave without pay for a period agreed with the employer. This leave can be issued only with the consent of the employer - he is not obliged to provide it.

What to do? 11/09/18

Need to go from maternity leave to maternity leave. How to arrange it?

Unfortunately, there are no other options.

What to do if the employer refuses to grant maternity leave

It is up to the woman to decide whether to go on maternity leave or not - the employer has no right to refuse to grant maternity leave. nine0003

If the employer "forgets" to take maternity leave, you need to complain about it to the labor inspectorate. You can learn how to defend your rights in this and other situations in the course "How to protect your rights at work".

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Rights of employees in the decree

Registration of leave for relatives

According to the law, it is possible to issue leave in UzR not only for mother, but also for another relative.

For the husband. Two people cannot be on leave in UZR, so the mother needs to give up her right to leave. nine0003

If a woman applied for maternity leave at the Pension Fund of the Russian Federation, then a certificate of non-use of leave in UZR must be issued there.

If the mother went to work, then she needs to issue a certificate of non-use of leave in UZR in the accounting department at the place of work.

The father of the child at his place of work writes an application for leave and attaches to it a certificate received from his wife, as well as a birth certificate of the child.

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How can a man go on maternity leave

Grandmother can also be issued leave in UZR - for this, both the mother and the father of the child must prepare certificates of non-use of the leave. If the grandmother works, such certificates can be requested by her employer to be sure that the grandmother is really entitled to take leave in UzR. For the FSS, such certificates are not needed.

In this case, the following should be taken into account:

1. Grandmother must be officially employed. If she does not work, then it will be possible to issue a vacation in UzR only in special cases: the parents of a grandson or granddaughter are missing, deprived of parental rights, or are in prison. nine0012
2. In order for the grandmother to accompany the child to the clinic for an appointment with a pediatrician or for examination by specialists, parents must give the medical institution written consent to the medical intervention in advance.
3. If a child needs to be vaccinated, hospitalized, or needs surgery, the grandmother cannot give consent. In order for the grandmother to sign the informed voluntary consent, the parents must issue a notarized power of attorney for her.

Benefits received during maternity leave

We have already talked about all payments and benefits in detail.

Who pays maternity leave. From 2021, the FSS pays maternity benefits, but documents are still submitted through the employer. If a woman has been working for the last 3 years with the same employers, then the allowance is assigned for each place of work.

Art. 13 of the law "On Compulsory Social Insurance"

The FSS of the expectant mother should be contacted if:

1. The employer has ceased operations. nine0012
2. The employer has no money.
3. The employer does not know where he is, and the fact of non-payment of benefits was established by the court.
4. The employer is in one of the stages of bankruptcy.
5. A woman is an individual entrepreneur, a lawyer or a notary and voluntarily pays insurance premiums for herself.

Who pays child care allowance. The allowance for UZR is paid by the FSS in the same manner as the allowance for BiR.

How to calculate the B&R allowance. nine0122 Maternity payments in 2022 are calculated according to the following formula: