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Russian Federation - Maternity protection - 2011


LAST UPDATE

14 April 2011

SOURCES


Name of Act

Government Decree to approve the list of arduous jobs and jobs with harmful or dangerous working conditions forbidden to women (Decree No. 162 of 25 February 2000). Sobranie Zakonodatel’stva, 2000-03-06, No. 10, pp. 2382-2402

Name of Act

Ordinance on new standards concerning maximum loads to be taken or displaced by women (Ordinance No. 105), Bjulleten’, 1993-04, No. 4, pp. 40-41

Name of Act

Federal Law "On the Federal Budget in 2011 and the planned period 2012 and 2013" (No. 357-FZ of December 1 2010)

Name of Act

Act on State benefits to citizens with children , No. 81-FZ of 19 May 1995, Sobranie Zakonodatel’stva, 1995-05-22, No. 21, pp. 3720-3726, as amended up to 7 March 2011

Name of Act

Hygienic recommendations for the rational employment of pregnant women; Order of the Ministry of Health and Medical Industry of the Russian Federation, 21-23 December 1993

Name of Act

Labour Code, Labour Code of the Russian Federation of 31 December 2001 (Federal Law No. 197-FZ of 2001) Sobranie Zakonodatel’stva, 2002-01-07, No. 1, pp. 236-387, as amended up to 29 December 2010 (latest version available in Russian; English version of 2001)

Name of Act

Principles of the legislation of the Russian Federation on health protection of the citizens, of 22 July 1993, as amended to 28 September 2010; latest version available in Russian

Name of Act

Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity (No. 255-FZ, of 29 December 2006, as amended to December 2010); available in Russian

Name of Act

Federal Law "On the insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Health Insurance Fund and territorial funds of compulsory medical insurance" (No. 212-FZ of 18 July 2009)

Name of Act

Amendment to the Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity (Federal Law No. 21-FZ, of 25 February 2011); available in Russian

MATERNITY LEAVE


Scope

Employed women.
Labour Code §11

Qualifying conditions

Maternity leave is granted upon request and submission of a medical certificate.
Labour Code §255

Duration


General total duration

140 days (70 days prenatal and 70 days postnatal leave)
Labour Code §255
Historical data (year indicates year of data collection)
  • 2009: 140 days (70 days prenatal and 70 days postnatal leave)
  • 2004: One hundred and forty days
  • 1998: One hundred and forty days
  • 1994: One hundred and forty days

Extension

In the event of multiple births the maternity leave is extended to 84 calendar days before and 110 calendar days after childbirth.
Labour Code §255

Leave in case of illness or complications

In the case of abnormal birth, the maternity leave is 70 calendar days before and 86 calendar days after childbirth.
Labour Code §255

RELATED TYPES OF LEAVE


Parental leave


Scope

Mother, father, grandmother, grandfather, other relative or trustee who is actually taking care of the child.
Labour Code §256

Qualifying conditions

Parental leave is granted upon request.
Labour Code §256

Length

Until the child reaches 3 years of age.
Labour Code §256

Adoption leave


Scope

An employee who has adopted a child.
Labour Code §257

Length

70 calendar days after the birth of the adopted child. In the event of adoption by two spouses the leave is granted to one of them at their discretion. Upon the request of the employees who have adopted a child (children) they may be granted a child rearing leave for the period up to when the child (children) reaches the age of three years.
Labour Code §256 and 257
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RIGHT TO PART-TIME WORK


General provisions

Mother, father, grandmother, grandfather, other relative or trustee who is actually taking care of the child during the leave may work part-time without losing the right to benefits under the social insurance. The employer must establish a part-time working day or part-time working week on request of a pregnant woman or a parent of a child up to 14 years of age (or a disabled child below the age of 18) and of a person who is nursing a disabled family member after submissian of a medical certificate.
Labour Code §93, 256 and 298

CASH BENEFITS


Maternity leave benefits


Scope

Women employees covered by the state social insurance; women dismissed in the case of enterprise liquidation (within 12 months prior to the recognition as unemployed); women in full-time professional education; women on military service (with a contract of employment) and on service in internal security and penitentiary bodies; women adopting a child. In addition to employed women, the legislation covers other classes of the economically active population, including the unemployed, students, military personnel, self-employed farmers and members of collective farms.
Act on State benefits to citizens with children §6
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §2
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Qualifying conditions

To receive maternity benefits, the insured women must present a medical certificate on the basis of disability.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §13
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Duration

Maternity allowances are paid for the normal duration of maternity leave and any extension thereof.
Labour Code §255
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §10
Act on State benefits to citizens with children §7

Amount

The benefit is 100% of the average earnings. For an insured woman working under a labour contract, the maximum amount of the average earnings may not exceed 415,000 rubles in a full calendar year.

For an insured woman, who is dismissed due to liquidation of a company, the maximum amount of benefit may not exceed 438.87 rubles per month.

For women who are insured for less than 6 months, the average earnings used to calculate the benefit may not exceed the federal minimum wage in a calendar month.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §10, §11, and §14
On the insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Health Insurance Fund and territorial funds of obligatory medical insurance §8
Act on State benefits to citizens with children §8
Amendment to the Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §2
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Historical data (year indicates year of data collection)
  • 2009: The benefit is 100% of the average wage. The maximum amount of maternity benefits for a full calendar month may not exceed 23,400 rubles.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Maternity benefits are paid from the Budget of the social insurance fund of the Russian Federation.
Act on State benefits to citizens with children §4
Historical data (year indicates year of data collection)
  • 2009: Maternity benefits are paid from the Budget of the social insurance of the Russian Federation.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

A lump sum of 438.87 rubles is paid by the social insurance fund of the Russian Federation to every women who registers in a medical institution within the first 12 weeks of her pregnancy. A lump sum of 11,703.13 rubles is paid at the birth of a child, which is financed in general through the social insurance fund of the Russian Federation.
Act on State benefits to citizens with children §9, 10, 11, and 12
Federal Law On the Federal Budget in 2011 and the planned period 2012 and 2013 §10

Parental leave benefits


Scope

Mother, father, grandmother, grandfather, other relative or trustee who is actually taking care of the child and is insured for temporary disablement and maternity. Mother, father, or guardian who is actually taking care of the child and is not insured for temporary disablement and maternity is entitled to receive benefits. A relative who is not insured for temporary disablement and maternity is entitled to receive benefits if the mother and the father are unable to take care of the child.
Labour Code §256
Act on State benefits to citizens with children §13
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §11.1
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Qualifying conditions

To receive the benefit, the insured person must submit a birth certificate as well as proof that the other parent is not on leave and is not receiving child care allowance.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §13

Duration

Parental leave benefits are paid until the child reaches 1.5 years of age.
Act on State benefits to citizens with children §14

Amount

The benefit is 40% of the average earnings. The average earnings cannot exceed 415,000 rubles for the calendar year. The minimum monthly allowance for the first child is 2,194.34 rubles and the minimum monthly allowance for the second child and all subsequent children is 4,388.67 rubles.
Act on State benefits to citizens with children §15
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §11.2
Federal Law On the Federal Budget in 2011 and the planned period 2012 and 2013 §10
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Financing of benefits

The benefits are paid from the Budget of the social insurance of the Russian Federation.
Act on State benefits to citizens with children §4

Adoption leave benefits


Scope

An employee who has adopted a child below 3 months of age.
Labour Code §257
Act on State benefits to citizens with children §6

Qualifying conditions

Workers on adoption leave.
Labour Code §257

Duration

Adoption leave benefits are granted for the time of the adoption leave. Afterwards, until the child reaches 1.5 years of age, childcare benefits are granted.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §10

Amount

The benefit during adoption leave is paid at a rate of 100 percent of average earnings. Afterwards, the monthly grant until the child reaches 1.5 years of age, is paid according to the rules for receiving parental leave benefit.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §10

Financing of benefits

The benefits are paid from the budget of the social insurance of the Russian Federation.
Act on State benefits to citizens with children §4

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

A pregnant woman shall be guaranteed medical observation at the state health care organisations, in-patient medical aid during and after confinement, as well as medical and disease prevention assistance and medical care of the newborn child. On the basis of a medical certificate, the state shall also guarantee food to pregnant women, breast-feeding mothers, as well as to children below three years of age.
Principles of the legislation of the Russian Federation on health protection of the citizens §23

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

In addition to the standard breaks, working women who have children of less than 1.5 years of age are granted additional breaks for feeding the child (children), for a duration of not less than 30 minutes every three hours.
Labour Code §258
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Remuneration of nursing breaks

The breaks for feeding a child (children) are included in the working time and are paid at the rate of the average salary.
Labour Code §258

HEALTH PROTECTION


Arrangement of working time


Night work

It is not permitted to allow pregnant women to work at night (22.00 to 6.00).
Labour Code §96

Overtime

It is not allowed to request overtime work from pregnant women. Requesting overtime work for women who have children below the age of three is allowed only with their written consent and if the activities are not forbidden to them because of their state of health according to the results of medical examination. Women who have children below the age of three must be informed in writing about their right to refuse working overtime.
Labour Code §99 and 259

Time off for medical examinations

The average salary of the pregnant female is preserved for the period of obligatory medical examinations.
Labour Code §254

Leave in case of sickness of the child

Benefits from the Social Insurance are paid in case of a need to care for a sick family member. It is paid in the case of a sick child under the age of 7 years for the entire period of outpatient treatment or stay in a clinic accompanying the child, up to 60 calendar days per calendar year (90 days for specified illnesses), for a child between 7 and 15 years of age 15 days for each out/inpatient treatment (up to 45 days each calendar year). The amount of benefits depend on the duration of insurance as well as the kind of treament provided.
Federal Act on Compulsory Social Insurance in case of temporary disablement and maternity §6

Other work arrangements

Shift work is forbidden for pregnant women and women with children under the age of three years.
Labour Code §298

Dangerous or unhealthy work

The employer is obliged to create safe working conditions for women, confirmed by medical expertise. It is forbidden for women to work in hard, dangerous and/or unhealthy trades as well as underground work, except in non-physical work or sanitary and domestic services.
Government Decree to approve the list of arduous jobs and jobs with harmful or dangerous working conditions forbidden to women Note 1
Labour Code §253, 254

General

Before making a decision about moving the pregnant female to another job she is to be released from her previous job and the employer is to pay her average salary for all days missed due to this procedure.
Labour Code §254

Risk assessment


» Adaptation of conditions of work

Rates of outputs, work norms may be reduced for pregnant females in accordance with a medical report and upon their request.
Labour Code §253, 254

» Transfer to another post

During pregnancy, it is necessary to transfer the women to workplaces without influence of vibration, ultrasound or ionizing radiation. Women who have children under 1.5 years of age who are not able to perform the previous work are to be moved to another job upon their request with preservation of their average salary.
Labour Code §254

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It is forbidden for pregnant women to lift and carry weights, which exceed the limit rates established for them. The optimum weight of a cargo at rise and moving of weights at alternation with other work (up to 2 times in one hour) should not exceed 10kg; at rise and moving of weights constantly during a labour shift - 7 kg. The total weight of the cargoes moved within each hour of a labour shift on distance up to 5 m from a working surface, should not exceed 10 kg.
Hygienic recommendations for the rational employment of pregnant women
Ordinance on new standards concerning maximum loads to be taken or displaced by women

» Work involving exposure to biological, chemical or physical agents

Pregnant women are not supposed to perform work where are involved infectious, parasitic and fungoid diseases; chemical and cancerogene agents. Pregnant women should not work in conditions affected by infra-red radiation. It is prohibited for women to perform work in electromagnetic radiation areas.
Hygienic recommendations for the rational employment of pregnant women

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant women who are working in a factory should be provided with optimum parameters of temperature, humidity and ventilation.
Hygienic recommendations for the rational employment of pregnant women

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

No one can be constrained in his/her labour rights and freedoms or get any advantages on the basis of sex as well as other factors not relevant to professional qualities of the employee. Establishment of distinctions, exceptions, preferences as well as limitation of employees’ rights which are determined by the requirements inherent in a specific kind of work as set by federal laws or caused by special attention of the state to the persons requiring increased social and legal protection shall not be deemed discrimination. It is not allowed to refuse to employ women because of their pregnancy or because they have children. Employers must inform a person who was refused in conclusion of a labor agreement about reasons of refusal in written form.
Labour Code §3 and 64

Protection from discriminatory dismissal

The employer has no right to cancel labour contracts with pregnant employees without their agreement, except in the case of company liquidation. If the contract of employment expires during pregnancy of an employee the employer must prolong the labour contract up to the date when she has the right for a maternity leave, upon the request of the pregnant female. The employer has no right to cancel the contract with a female worker having children under three years of age, single mothers taking care of children under 14 years of age (handicapped children under 18 years of age), and other employees who are taking care of the abovementioned children without a mother without their agreement.
Labour Code §261 and 81
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Guaranteed right to return to work

During the period of child care leave the person holds his/her position of employment.
Labour Code §256

Results generated on: 02nd December 2022 at 11:14:11.
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