According to Article 404 of the Labor Code, a woman is granted maternity leave for seventy calendar days before giving birth and fifty-six calendar days after giving birth (seventy calendar days in case of difficult childbirth or birth of two or more children) and benefits are paid in the amount established by law, but not less than seventy-five percent of the average monthly salary.
Instruction on the procedure for issuing disability cards (registration number 2667, 17.04.2015 y.) According to paragraph 28, when applying after the thirtieth week of pregnancy, a disability certificate is issued on the full one hundred and twenty-six calendar days from the date of application, regardless of the number of days remaining until birth.
At the same time, according to the content of paragraph 35 of the Regulation approved in Appendix No. 1 to the Resolution of the Cabinet of Ministers dated May 31, 2024, allowances for pregnancy and childbirth, as well as allowances for an employee who adopted a newborn child or appointed him as a guardian, are paid by the employee:
75 percent of the average monthly salary - with a work experience of up to 12 months from the date of employment;
more than 12 months from the date of employment - 100 percent of the average monthly salary.
According to paragraph 36 of this Regulation, benefits are calculated in all cases from the employee's actual salary.
If you pay attention, the decree is set to be paid based on the average monthly salary. In this case, according to Article 257 of the Labor Code, the average monthly salary of the employee is calculated.
According to part three of this article, the average salary of employees in the time-based system of remuneration shall be determined based on the amount of the tariff rate (official salary) for the last calendar month preceding the month in which the average salary of the employee is retained, with a twelfth part of the amount of allowances, awards and other payments (additional part of wages provided for in part three of Article 248 of this Code) for the twelve calendar months preceding the month in which the average salary of the employee is
According to this rule, the employee's allowances are included in the calculation of his average salary.