Labor legislation does not prohibit an employee from working in several places. In one organization he is listed as a permanent full-time employee, and in others as a part-time employee. Part-time work can also be internal, when an employee has two positions in one organization.
In this article, we will look at the specifics of applying for parental leave and benefits for part-time workers.
Allowance for internal part-time worker.
Maternity benefits are considered maternity benefits. It is paid on the basis of a certificate of incapacity for work issued by a medical institution (Article 255 of the Labor Code of the Russian Federation).
If an employee combines positions in one institution, then he must contact his employer with an application.
An employee can apply for payments within six months from the date of expiration of the certificate of incapacity for work (Article 12 of Law No. 255-FZ).
In order to calculate part-time maternity benefits, the accountant takes into account the employee’s income for the last two years.
How to apply correctly?
- The procedure for applying for parental leave begins with the woman writing an application addressed to the manager.
It is important to indicate in it that she requests that it be provided to her until the child reaches the age of 3 years. The Labor Code provides for just such a period of maternity leave. Of course, a woman has the right to use only part of this period, for example up to 1.5 years. But in this case, she simply goes to work earlier. We talked about what maternity leave for up to 3 years is here. Often employers insist that the employee first writes one application for leave up to 1.5 years, and then another for up to 3. Yes, this can be done. But this is decided by the employee herself. It is impossible to force her to indicate a period other than 3 years. With internal part-time work, in the case where the employee has decided to go on maternity leave from both positions, it is enough to submit only one application. The HR employee will prepare two sets of documents - one for each position. If she is an external part-time worker, then a separate application should be written for each enterprise. - The next step is to issue an order for the provision of leave in the T-6 form. It indicates the period that the woman indicated in the application, maximum - until the child turns 3 years old. The order is signed by the head of the organization. The employee also signs. This means that he was familiar with the document.
- Next, the HR representative enters the information into the personal card. The type of leave is indicated as “Childcare”. As the basis they write “Order No. ... from ...”.
- In addition to the application, the employee submits other documents:
- child's birth certificate (copy);
- a certificate stating that the second parent did not apply for benefits for himself;
- a certificate confirming the absence of salary payments at another place of work;
- A certificate of income from previous places of work will also be required if the woman worked in other organizations during the billing period (2 calendar years preceding the leave) and left there.
In general, the procedure is similar for both the main employee and part-time worker. Only the set of documents may differ.
You can find out more about applying for parental leave to care for a child up to 1.5 and 3 years old in this material, and read how to write and submit an application correctly here.
Allowance for external part-time worker.
When assigning maternity benefits to an external part-time worker, several factors are taken into account (Law No. 255-FZ of December 29, 2006).
Among them:
- Work experience in the organization;
- Availability of a part-time job at the time of going on maternity leave;
- Place of work during the billing period.
Maternity benefits are paid by the employer. In this case, the organization is reimbursed funds from the Social Insurance Fund. To get the amount paid back, the employer must take into account all the rules and nuances of accruals.
There are several options for calculating benefits:
- in every organization where a woman is employed;
- in one of the last places;
- according to the woman's choice.
In the first case, maternity benefits are paid in all organizations where the maternity leaver is employed. This is only possible in a situation where a woman has worked for the same employers for two years and continues to work with them.
When calculating benefits, only the income that the employee received in this organization is taken into account. Salaries from other institutions are not taken into account.
Results
The calculation of the B&R benefit for a part-time worker has a number of nuances, the main one of which is where the part-time worker worked for the last 2 years before the year of receiving the “maternity” certificate of incapacity for work. The algorithm for assigning and calculating the B&R benefit depends on the answer to this question.
Read more about calculating the amount of “maternity” payments in the material “How to correctly calculate maternity leave in 2021?”
Sources:
- Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 N 255-FZ
- Order of the Ministry of Labor dated April 30, 2013 No. 182n
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Calculation of maternity benefits.
Primary and part-time maternity benefits are calculated taking into account the woman’s earnings 2 years before the occurrence of the insured event.
An employee can receive benefits only for one of her last places of work if she is employed in several organizations, but during the billing period she had other employers.
In this case, the maternity leaver has the right to independently choose the institution where accruals will be made to her.
The woman will need to prepare a certificate of income for the last 2 years from other employers. Information from the document will be taken into account when calculating maternity benefits.
There are situations when a woman can make a choice about where she can receive the required benefits. This is possible if a woman has worked for the last 2 years both for the same employers where she was employed at the time she went on maternity leave, and for others.
In this situation, the woman is given a choice. She has the right to the following:
- receive maternity benefits at each place of work. At the same time, company accountants take into account only earnings in their organization.
- apply for benefits at one institution. In this case, you must take a certificate of income. When calculating, earnings received both in this and in other organizations are taken into account.
When choosing the second option, the woman must take a certificate from all places where she was employed stating that she did not receive payment there.
The documents must be given to the employer where the benefit is assigned. In the absence of certificates, the organization will not be reimbursed for expenses from the Social Insurance Fund.
Application for child benefit up to 1.5 years. [53.50 KB]
Postpartum payments: for the first child, for the second and third.
NTVP "Kedr - Consultant"
LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » Restrictions on part-time work for an employee on maternity leave for up to 3 years
The employee is on parental leave for up to 3 years.
Question
Is it possible to employ this employee as an external part-time employee in another organization full-time?
Lawyer's answer
An employee who is on maternity leave at her main place of work is not entitled to perform part-time work on a full-time basis. The duration of working time during one month (another accounting period) when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.
An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). This right is enshrined in Art. 60.1 of the Labor Code of the Russian Federation. Features of the regulation of labor relations of persons working part-time are enshrined in Chapter. 44 Labor Code of the Russian Federation.
So, in accordance with Part 1 of Art. 284 of the Labor Code of the Russian Federation, the duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). Moreover, during one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees. The specified restrictions on the duration of working hours when working part-time do not apply in two cases (Part 2 of Article 284 of the Labor Code of the Russian Federation). Firstly, for employees who have suspended work at their main place of work in case of delay in payment of wages for a period of more than 15 days (Part 2 of Article 142 of the Labor Code of the Russian Federation). And, secondly, for employees who are temporarily suspended from work at their main place of work due to the fact that, in accordance with a medical report, they need a temporary transfer to another job for up to four months, but refuse the transfer, or the corresponding job the employer does not have one (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).
Thus, since an employee who is on parental leave at her main place of work does not belong to any of the listed categories of workers, she does not have the right to perform part-time work on a full-time basis. The maximum working hours for an employee working part-time in an organization and on maternity leave at her main place of work should be limited. Such a woman has the right to work part-time and more than four hours a day, however, during one month (another accounting period), the duration of her part-time working hours should not exceed half of the monthly working time standard.
{Question: An organization plans to enter into an employment contract with a woman who works in another organization at her main place of work and who has been granted maternity leave for up to 3 years at her main place of work. Is it possible to hire her part-time full-time? If not, what is the maximum working day that can be set for such an employee? (Expert Consultation, 2012) {ConsultantPlus}}
Selection of documents:
Question: ...A female doctor is on maternity leave for up to three years as part of her main job. Without interrupting him, she gets a part-time job in another medical organization. Is it possible to establish full-time working hours in a part-time job? (Expert consultation, State Labor Inspectorate in the Rostov region, 2016) {ConsultantPlus}
Question: An employee at his main place of work is set at 0.5 wages. Can an employee get a part-time job (internal or external) full-time? (Expert Consultation, 2017) {ConsultantPlus}
The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, September 2017.
When preparing the answer, SPS ConsultantPlus was used.
This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE ().
Part-time maternity leave
If a woman leaves her job, the terms must be the same at all places of her employment. The law provides her with two types of maternity leave:
- for pregnancy and childbirth - 140 days in the case of a normal pregnancy and 194 in complicated cases (half before childbirth, half after);
- to care for the baby until he turns 1.5 years old (or 3, but the further period is paid only by compensation from the employer in the amount of 50 rubles per month).
You can submit documents to receive benefits within six months after receiving a certificate of temporary incapacity for work - this is a common practice for sick leave. If a woman quits her job and a month or less has passed since that moment, she can bring the piece of paper to her former employer.
What is the right thing for a pregnant woman to do so that she can easily obtain maternity leave and the entitlements:
- Register for pregnancy at the antenatal clinic. It is recommended to do this before the 12th week of pregnancy.
- At the 30th week of pregnancy, obtain a sick leave certificate from her leading doctor with the start and end dates of temporary disability due to pregnancy and childbirth. Make a copy of it and have it notarized. The original is needed for the main place of work, a copy - for the additional one. You can ask for the required number of original sick leave documents to be issued at once.
- Apply these documents to each of your employers by writing a corresponding application in the prescribed form. They write two separate statements - these are the grounds for calculating future payments.
- If an employee has been working in a given company for less than two years, she will also need a certificate of previous two years of income. If there were none, the minimum wage will be taken as the basis for calculating the accruals due to it.
- You can bring data from other places of work to your chosen manager and arrange to receive payments in one place, or you can contact each employer individually.
After writing an application with a certificate of temporary disability attached to it, the employer must take the necessary actions within 10 days. The only reason for refusal of payment is the provision of a fake sick leave certificate.
FOR YOUR INFORMATION! If a woman has been officially employed in several jobs for more than two years, she can count on insurance payments from each employer.
Leave or stay
A part-time woman is employed in an additional position for a relatively short time compared to the main one. Therefore, in the prospect of adding to her family, she needs to decide an important question: whether to leave an additional job or continue her “part-time job” without spending a lot of time on it. Many people decide to do this if they have someone to leave the baby with. This solution has a number of advantages:
- the woman receives additional funds;
- the mother has the opportunity not to get bogged down in the maternity routine and continue to improve as a specialist;
- working skills are not lost;
- psychological relief.
We suggest you familiarize yourself with: How to write off fixed assets in a budgetary institution, in a government institution, in an LLC, documentation
In this case, maternity leave needs to be issued only at the main workplace, and at the additional one only to go on sick leave relating to childbirth.
