Mères qui Travaillent - Russian Federation

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 20.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 18 month(s) of life of the child
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 1095 days
What is the wage replacement rate for parental leave? 100 % of normal wage
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

The maternity leave is granted by application of worker and medical certificate (70 calendar days antenatal and 70 calendar days postnatal). Nevertheless, there are some exceptions: the antenatal leave increases to 84 calendar days in the event of multiple births while the post-natal leave increases to 110 calendar days on the birth of two or more children. The post-natal leave is increased to 86 calendar days if there are complications in birth. According to the Law of the Russian Federation ‘About social protection of citizens exposed to radiation as a result of the Chernobyl disaster’, the antenatal maternity leave is 90 calendar days.

Maternity leave (post-natal part only) is also provided to women adopting a child (70 days after birth of a child and 110 days after birth of children in the case of adoption of two or more children).

Sources: §255 and 257 of the Labour Code; §18 of the Law of the Russian Federation ‘About social protection of citizens exposed to radiation as a result of the Chernobyl disaster’

The maternity allowance is paid during maternity leave. During maternity leave, workers receive a state benefit from Social Insurance Fund which is set at 100% of the employee’s previous average pay (up to a ceiling). Employer pays the benefit to the worker and later reclaims the amount from the Social Insurance Fund.

Sources: §2.1-2.2, 10-11 of the Federal law ‘About compulsory social insurance against temporary disability and maternity’ 29.12.2006 № 255-ФЗ

More about parental leave:

The parental leave is available for parents including adoptive parents (as well as carers) until a child reaches the age of three years. The parental leave is provided at the request of the employee. During this leave, parents are eligible for allowances and compensation. The parental leave is a family entitlement, thus either parent may take all the leave or they may divide the leave in parts.

The first child allowance is paid (by the Social Insurance Fund) until the child attains the age of one and a half years (18 months). It is 40% of the average earnings of the insured person. In the case of caring for two or more children until they attain the age of one and a half years (18 months), the monthly insurance allowances are summarized. This summarized amount of the allowances must not exceed 100% of the average earnings. Minimum rates are established by the federal law ‘About state benefits for citizens with children’ (in mind adjustment for inflation).

For those, who have not right to get insurance child allowance, there is state child benefit. It is also paid until the child attains the age of one and a half years (18 months). The federal law ‘About state benefits for citizens with children’ establishes rates of this benefit: for one group it is fixed (since  February 2016 - 2908.62 rubles for first child and 5817.24 rubles for next children), for other it is connected with a percentage of previous average earnings (40% of average pay). There is also a provision for monthly maximum: since February 2016 it is 11634.50 rubles.

As for leave in respect of children (aged 18 months to 36 months), no benefit is payable through Social Insurance Fund rather the employer is required to pay a monthly sum of 50 roubles. Also it is necessary to take into account  the regional coefficients for calculating the rate of the child allowance. This allowance is available for parents, other relatives, guardians, actually caring for a child.

Other types of child allowance are established by regional legislation.

Employment of a worker is secure during parental leave and workers have the right to return to their employment after taking parental leave. Employees having a child with disability are entitled to four days of paid leave every month to care for the child. This leave may be taken by one parent or shared between them. Collective agreements may provide for unpaid leave of up to 14 calendar days per year for employees with two or more children under the age of 14 years; employees with a disabled child under the age of 18 years; and single parent(s) raising a child under 14 years. This leave is granted at the request of employee and can be combined with annual leave however it cannot be carried over to next year. 

Sources: §256 of the Labour Code; §13-15 of the Federal law ‘About state benefits for citizens with children’ 19.05.1995 № 81-ФЗ; §11 of the Resolutions of the Government of the Russian Federation ‘On approval of the procedure for appointment and payment of monthly compensation to certain categories of citizens’ 03.11.1994 № 1206, § 11.1-11.2 of the Federal law ‘About compulsory social insurance against temporary disability and maternity’ 29.12.2006 № 255-ФЗ