In 2021, the Ministry of Labor and Social Protection of the Russian Federation developed draft amendments to Article 256 of the Labor Code. According to the document, an employee who is on parental leave must notify the head of the company about early leave at least five working days in advance.
When the project is accepted, the employee should be informed in writing that he will have to return to his workplace from parental leave. At the moment, the provision has not yet been approved into the code. However, its consideration should be carried out in conjunction with changes to Article 79 of the Labor Code, which is directly related to the responsibilities of employers.
In turn, the enterprise should warn specialists, temporarily performing duties of employees on maternity leave, about the cancellation of the employment contract. Notification must be received three business days prior to dismissal.
In Art. 256 of the Labor Code states that exit from parental leave must be carried out on the next working day after the child reaches 3 years of age. Therefore, the last day of vacation is the child’s birthday.
Officials in the explanatory note to the project noted that the new provisions were created to regulate situations that arise when an employee on parental leave decides to return to the workplace prematurely.
The procedure for processing an employee’s return to work is influenced by the following circumstances:
- Return of the employee to work upon completion of parental leave for up to 3 years;
- An employee’s return to the workplace under normal work conditions, prematurely interrupting maternity leave;
- Returning an employee to work during the vacation period on a part-time basis or at home.
Reasons for introducing new rules
The introduction of new rules, as noted by the Ministry of Labor, will help avoid conflict situations. After all, while the employee is on parental leave, his place is temporarily taken by a full-time employee or an invited specialist with whom a fixed-term employment contract is concluded. According to current legislation, the former employee is not required to give notice of her return to the workplace, and this can happen at any time she wishes. Therefore, the replacement employee is at risk of being fired or transferred to another position without notice.
Now that amendments are made, a young mother who is on maternity leave and decides to leave her vacation early must notify her in writing five working days in advance. And the employer is required to inform the employee who has temporarily assumed official duties about the upcoming dismissal or transfer to another position at least three working days in advance.
Therefore, the new changes will lead to:
- The employee’s readiness to return to her workplace early will be taken into account;
- The employer will be able to make the necessary personnel decisions in a timely manner;
- An employee who replaces an absent employee on a temporary basis will be able to prepare in advance for future personnel changes or dismissal.
Notice of early exit
The specifics of a woman’s return to the workplace after maternity leave are regulated by the labor legislation of the Russian Federation. When ready to go to work, the employee must notify the employer of her intentions and provide the necessary documents. As a rule, this is a certificate of temporary incapacity for work and an application for leaving maternity leave.
An application is a written notification to the employer of the employee’s desire to begin work. Such a document is drawn up in free form, but is a guarantor of fulfillment of obligations to the employee, which are established by law.
When writing an application, a woman must decide on the date she will return to work and her working hours. This will allow you to correctly draw up the document to avoid controversial situations in the workplace. There are some peculiarities when submitting an application for leave from maternity leave - it is only necessary if the leave ends early.
The law does not directly provide that such leave can be terminated early, so the employer may refuse to sign such a statement. In this case, he needs to be reminded that there is no prohibition on this in the law. You can refer to the letter from Rostrud on this issue.
Another option when such a statement may be needed is when a woman wants to take maternity leave immediately after giving birth. During this vacation you can work part-time, this is provided by law. In this case, you must submit an application to replace maternity leave with parental leave (see Article 13 of Law No. 81-FZ “On State Benefits for Citizens with Children”).
Responsibilities of a HR specialist
The HR specialist resolves the following issues:
- Organizes the labor process;
- Processes the hiring of applicants/terminates employment contracts;
- Monitors the internal movement of employees;
- Regulates the relationship between management and employees.
In addition, he calculates parental leave, develops and maintains documentation, including personnel records, working hours, and payroll calculations.
When should you write it?
In the classic situation, an application for leaving a vacation after its end is not necessary. If the employee immediately returns to work upon completion, no additional paperwork is needed. However, situations arise when a woman simply needs to go to work ahead of schedule. The law does not prohibit early termination of maternity leave, but the employer must be notified.
Russian legislation does not provide for exact deadlines for written notification to the employer. But such information may be contained in the collective agreement. If the organization provides deadlines for notification of a woman’s early departure from maternity leave, and the young mother did not inform the employer on time, she will have to go to work several days later than the planned date.
In this case, the rule “the sooner the better” works. This will give the employer time to vacate the workplace, and the employee who was temporarily replacing another employee will have time to find a new job. If possible, a young mother can discuss the date of leaving maternity leave with her manager by phone or email in advance to avoid conflict situations.
A young mother may not go on maternity leave, but immediately take out maternity leave for another relative, who in turn will receive benefits. In any case, when to go to work (after a vacation or interrupting it), the woman herself decides.
Advanced training for HR specialists
It is important for a personnel officer to constantly improve, update practical and theoretical knowledge, monitor current information and timely solve professional problems that arise. In this regard, he needs to regularly improve his competence. The modern scientific and technological academy "SNTA" offers both beginners and experienced specialists to take advanced training courses in "HR Administration" in various narrower areas. This is a licensed organization, therefore it has the right to provide educational services and, accordingly, issue documents confirming the qualifications and competence of the graduate.
Now it is possible to complete the course and improve the level of competencies in full-time and part-time education. This is possible thanks to distance learning technologies. Each student will be able to access various methodological and educational materials online around the clock via a computer and the Internet. After studying all the necessary information, students undergo a final test and receive a certificate of advanced training.
The basic program of the course “Human Resource Management” is compiled in accordance with the requirements of professional and educational programs and includes:
- Study of labor legislation;
- Consideration of the procedure for competent registration of labor relations;
- Mastering the rules for drawing up HR documents;
- Gaining knowledge about the hiring procedure;
- Familiarization with the main mistakes of personnel officers.
Upon completion of training, graduates will be able to:
- Organize the search for new employees;
- Conduct interviews with applicants;
- Develop job descriptions and staffing schedules;
- Use programs to automate document flow.
How to apply?
There may be enough reasons for a woman to return from maternity leave. The most popular is a lack of funds due to the arrival of a new family member. To return to work early, the employee must notify the manager in writing. Such a document is drawn up in free form, but it must meet the basic requirements of office work.
The header must indicate the name and position of the manager and the applicant. In the body of the letter, indicate the period of maternity leave and the planned release date. Additionally, you can specify the desired operating mode.
Example:
“I inform you that on 01/11/2020 I plan to return to work early from maternity leave, which should end on 02/01/2020. I ask you to set me part-time working hours: a working day reduced by 1.5 hours.”
Next, the application is dated and signed by the employee. To avoid misunderstandings, it is necessary to fill out the application in two copies. One, with the signature of the manager or secretary, will remain in the hands of the employee, and the second - with the employer. Based on this document, management will prepare an appropriate order. Within the specified period, the woman will be able to return to the workplace and begin her official duties.
If a woman plans to go part-time or work from home, child care benefits will be accrued. If the employee returns to full-time work, the application must include a refusal to pay benefits.
Here is an example of an application for returning to work full-time from maternity leave.
How to write correctly?
Many employees who decide to interrupt maternity leave do not know how to correctly draw up an application for early leave to care for a child under 3 years of age. It should be noted that a woman has the right to a shorter working day.
Before drawing up an application, a new mother needs to decide on a work schedule. This affects the content of the paper and wages, which will correspond to the reduced schedule and will be accrued in direct proportion to the hours worked.
When filling out an application, it is recommended to follow these rules:
- write in a business style;
- avoid mistakes;
- do not cross out the text or correct it with a pen, blade or proofreader;
- When writing a document, use a pen with blue or violet light-fast and water-resistant ink. You should try to write in legible handwriting.
It is recommended to prepare the application in two copies. One is submitted for consideration to the head of the company, and the second, certified by the secretary, remains in the hands of the employee. This will help, if necessary, to prove that the woman brought the application.
Full time
The main part should indicate the intention to interrupt maternity leave and start working full time ahead of schedule. It should be noted in the text that the woman refuses to pay child benefits.
Part-time
In the main part of the application, you should note the request to leave maternity leave on a part-time basis. Proposals for the work schedule should be indicated. You can place this block in a separate document. In this case, a note about the application must be made in the text.
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Exit ahead of schedule
It is quite possible to go to work earlier. To do this, you just need to draw up an application that interrupts parental leave.
An application for early termination of leave usually contains the following information:
- The employee’s written desire to go to work;
- The date of resumption of work indicated by the employee;
- The work regime chosen by the employee (if possible).
Sample application:
There are no specific application deadlines. A woman can come any day and start working immediately.
When the employer receives the application, he will issue an order in which:
- Will write his consent to interrupt the vacation;
- Indicate the date from which the employee returns to his duties;
- He will write about the termination of the accrual of benefits for UzR.
Example of an order:
An employer’s refusal to satisfy an employee’s desire to leave an UzR leave early is unacceptable.
Otherwise, infringed on her rights given to her by Art. 256 of the Labor Code of the Russian Federation, an employee can apply to the labor inspectorate with a corresponding complaint , and then, if necessary, to the court (Articles 356 and 392 of the Labor Code of the Russian Federation, Article 22 of the Code of Civil Procedure of the Russian Federation).
Watch a video on how to properly register for going back to work early:
Writing example
It is easier and faster to write an application if you have a sample of such a document on hand.
You can ask the manager’s secretary or the HR department for an example. A sample application for interruption of parental leave under 3 years of age and resumption of work on a part-time work schedule is given below. To the director
LLC "Garden and Vegetable Garden"
Simakina T.A.
senior sales specialist
Korovaeva Alla Georgievna
Statement
I would like to inform you that I intend to leave parental leave early when the child reaches the age of three to work part-time from November 12, 2019.
Please set me a work schedule from 8:00 to 15:00, 4 days a week, from Tuesday to Friday.
08.11.2019 (signature) A.G. Korovaeva
A sample application for termination of parental leave for a child under 3 years of age and return to work full time is given below.
to CEO
CJSC "Flower"
Svetlova A.A.
sales manager
Smirnova Violetta Viktorovna
Statement
I ask you to interrupt my maternity leave for up to three years and allow me to start working as a sales manager from November 19, 2021.
11/07/2019 (signature) V.V. Smirnova
A sample application for leaving maternity leave early is available.
Requirements for the form and content of the application
There is no uniform standard for applications for leave from parental leave.
Therefore, there are no strict requirements for the form of the document. The application is drawn up in any form, on a standard office sheet of paper. If there is a letterhead, it is better to use it. Then completing the paperwork will be faster and easier (you will only need to fill in the blank lines, put the date and sign). If there is no form, then the employee can ask the company to provide her with an example of the corresponding application.
The structure and content of the document must comply with the rules of office work. The application consists of four blocks:
- the first block is the header . This is the beginning of the document. Information about the addressee and addressee is provided. The genitive case indicates from whom the statement is being written, and the dative case indicates to whom. The text should be placed in the upper right corner;
- the second is the name . The title of the document is written just below the center. The word must begin with a capital letter. According to the rules, a period is not placed at the end of the word - “Statement”;
- third, main block . It sets out a request to interrupt maternity leave and give the opportunity to start work on a specific date;
- fourth block - conclusion . Starting on a new line in the left corner, the day, month and year of drawing up the document are indicated in numbers. Opposite is the applicant’s signature with a transcript (initials and surname).
The content of the document should include:
- the name of the company that employs the maternity leaver;
- Full name of the employer and his position;
- Title of the document;
- Full name and position of the employee;
- date of return to work;
- refusal to pay child benefit;
- desired work schedule;
- Attached documents;
- Date of preparation.
The application may be accompanied by the child's birth certificate. Also, at the request of the employee, other papers can be added.
