“Maternity leave” or “maternity leave” officially consists of maternity leave and parental leave. Each type of leave has its own design and features of payment of benefits. How to correctly draw up an application for the provision of these vacations and payments, what to pay attention to when submitting it, what documents to attach in order to receive payments and go on the required vacation with a light soul and a heavy pocket? Let's start as always - with the files:
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Maternity leave is voluntary
Going on vacation, or formally on sick leave, 2.5 months before giving birth is the right, not the obligation, of a pregnant employee. The employer cannot force her to go on vacation if she does not want it, even despite her interesting position. The situation is exactly the same with maternity leave - a woman cannot be forced to take it or, conversely, insist on going to work early.
The voluntariness of these social guarantees for women requires confirmation in the form of a documentary statement. To begin the procedure for registering maternity leave and accruing the required payments, the employer needs a basis - a statement from the employee.
Application for payment
Every mother is concerned about the question: how much money is she entitled to while on maternity leave (and whether she will receive anything at all). Currently, the following types of payments exist:
- By birth. This one-time benefit is in the amount of 16,759 rubles.
- Monthly payments. Their volume depends on the salary of the mother who gave birth. But this amount cannot be less than three thousand.
- Incentive payments from the organization. This is not available at all enterprises and is done solely at the request of management. But it’s always nice to receive 5-10 thousand from a company for the birth of a baby.
After a year and a half, mom will receive only 50 rubles a month. In order for all this money to be transferred to the account of a pregnant woman or someone who has already given birth, the following is necessary:
- application for payment;
- a document confirming the fact of the birth of the baby (issued by the registry office and in form A5);
- a certificate from my dad’s place of work confirming that he doesn’t receive that kind of money.
Benefits are calculated based on these three documents.
What if you don’t write a statement?
The consequences of neglecting the documentary side for a woman will be rather financial. After all, without an official basis, the employer will not be able to start the vacation process and assign benefits. Moreover, without registration of maternity leave (sick leave), the employee will continue to be paid wages, and this excludes the possibility of accruing other payments.
If a pregnant woman has not written a statement and is absent from work, according to the law she cannot be fired for absenteeism: a medically confirmed pregnancy is automatically considered a valid reason for absence from work.
However, it is recommended not to tempt fate by quarreling with the employer and creating unnecessary problems for him, because it is not difficult to write a corresponding application.
Maternity leave calculation
The benefit is calculated by the management of the enterprise where the pregnant woman works, based on her application and sick leave within 10 days after her application. Money is paid on the next payday. If you need to add the number of days on sick leave, the head of the institution will have to add the required amount in fact.
The payment can be calculated from:
- Funds from the employer, who can do this solely in order to reduce transfers to the Social Insurance Fund (FSS).
- Social Insurance Fund, but only if the enterprise where the woman worked closed for some reason.
Statement standard
The form of application acts is not regulated by regulatory documents. A request for maternity leave is the same application as any other, so it is written according to the scheme that is accepted in the organization where the woman works.
The structure of the application is standard:
- the upper right corner of the sheet (the so-called “header”) - indication of the addressee of the application: position, full name of the manager in the dative case and name of the organization;
- continuation of the “header” - information about the author: position and full name of the applicant;
- the title of the document, in this case, “statement”, is not enclosed in quotation marks, but is located in the middle;
- main text: can be arbitrary, the main thing is that it contains key positions - a request for leave, its terms, a request for benefits;
- attachments: you need to list the documents that the employee provides along with the application (this is sick leave and, if available, a certificate from the antenatal clinic about registration before 12 weeks);
- filing date – placed in the lower right corner;
- The applicant's signature must be handwritten.
Going on maternity leave: right or obligation
Of course, no one has the right to force a pregnant woman to pack her things and go on a wonderful journey called “motherhood.” This cannot be said to be her responsibility.
If a woman feels good and is not overloaded, then let her work for her health. The main thing is that she still gives birth in a hospital. But in fact, for the employer, such reluctance of the employee can be fraught with unpleasant consequences in the form of a labor inspection.
Advice! Just in case, in order to protect himself, it is better for the boss to take a receipt from the pregnant woman stating that she herself will voluntarily refuse to go on her allotted maternity leave. This will allow the employer to correctly and competently justify his decision to leave a pregnant workaholic in place.
Nuances of content and design
Despite the fact that this document is very simple, it is better to comply with the requirements established by the company and not forget about some important points related to the features of the application requirements.
- Do not write “maternity leave” or “maternity leave” in the text of the application: despite the fact that this definition has taken root, it is colloquial and is not mentioned in the legislation. Use the correct name for the type of leave: “maternity leave”, “child care leave”.
- The duration of the leave must correspond to that indicated in the attached sick leave certificate, and its details (series and number) must also be written in the text of the application.
- It is recommended to immediately add a request for the assignment of payments due by law to the vacation application. If this is not done, benefits will have to be submitted in a separate application with an additional package of necessary documents.
- The document can be handwritten, printed on a computer, or a completed form; it is important that the applicant’s signature is handwritten.
Another type of maternity leave
According to labor laws, the mother of a child is also entitled to maternity leave until his third birthday. Most often, an application for maternity leave is written with a maximum period. A sample content looks like this:
“I ask you to grant me parental leave from January 21, 2015 until he reaches three years of age.
I ask you to appoint and pay for up to one and a half years.”
Applications:
- A copy of the child's birth certificate.
- A certificate confirming that the child’s father has not taken out the above-mentioned leave and is not receiving benefits (taken from his place of work).
If it is necessary to change the years in the billing period, this is also immediately indicated in the application.
Despite the fact that the leave is issued for three years, a woman can interrupt it by writing a statement stating that she is starting work ahead of schedule. Also during this time it can be taken in whole or in part, which should be indicated in the text of the application. Many women think that they will go to work when their child is one and a half years old. The main motive is absence during this period. But when the time comes, they extend the vacation until the end. It’s easier to write an application for early exit than to collect certificates again when renewing.
In rare cases, a woman can extend her leave until the child turns 6 years old; it is taken out either with the consent of the employer or for medical reasons.
In any case, maternity leave is a woman’s right, and she can use it as she wants, even transfer it to one of her close relatives after the birth of the child, only in this case collect certificates confirming that no one else took leave during this period , it will take a lot more.
Using the proposed options, it is easy to draw up any necessary application for maternity leave; the sample text changes in accordance with the available documents. It is better to collect all the necessary certificates in advance: the closer the date of birth, the more new problems arise and the less time it takes to collect documents. You also need to determine when the right to apply for vacation will be used, so that you do not have to spend extra time writing applications and collecting documents.
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At 30 weeks of pregnancy, a working woman must go on paid maternity leave. In this article we will tell you what documents you need to prepare for this, and also provide sample applications for maternity leave.
Maternity leave was introduced in 1917 to protect the rights of working women. It is divided into two parts:
- Maternity leave. How long is vacation and sick leave due to pregnancy and childbirth? Its duration is 140 days, if the birth went well and the woman gave birth to one baby. If a woman in labor becomes a mother of two or more children at once, then the period of maternity leave in this case is 196 days. In turn, this vacation is also divided into two parts:
- prenatal – 70 days;
- postpartum - 70 days or 126 days.
- Parental leave – begins after maternity leave and lasts 3 years. If desired, a woman can go to work earlier.
What and why needs to be attached to the application
application for leave for pregnancy and upcoming childbirth must be accompanied by a medical document confirming the right to temporary disability. Sick leave is issued at the antenatal clinic. You will need the original, so for other needs it is advisable to make a copy for yourself in advance.
At the request of the employee, you can provide the employer with another document - a certificate from the housing complex about registration (confirmation of the fact of pregnancy).
If a woman has documented pregnancy before 12 weeks, she is entitled to additional benefits, which she also has the right to ask for in her application.
Additionally, without specifying in the application, you must provide a copy of your passport and account or card number for crediting benefits.
to the application for leave and child care benefits ; for verification, you must have the original with you when submitting.
You will also need a certificate from the second parent’s work stating that such benefits are not awarded to him. The remaining documents duplicate the first statement.
Providing maternity leave according to the Labor Code of Russia
In Art. 255, 257 of the Labor Code (LC) of the Russian Federation dated December 30, 2001 No. 197-FZ, as well as other federal laws and regulations of Russia describe the requirements that a pregnant woman must meet in order to receive the required payments. The essence of these requirements is that a woman must be employed.
The laws also describe objective factors affecting the future mother’s ability to work:
- It is extremely difficult for a pregnant woman to carry out her work duties in her final stages.
- In 10 weeks, the expectant mother needs time to prepare for childbirth.
All necessary statements
We will list all the statements that will need to be written to an employee in connection with her motherhood.
- Application for maternity leave and payment of required benefits.
- Application for parental leave and assignment of benefits.
Possible additional documents
- Separate applications for the assignment of benefits, if the document requesting leave did not indicate payment requirements.
- Application for re-offset of accounting years.
If an employee, while on maternity leave, goes on the next one, it means that she did not work for the previous 2 years necessary for calculating benefits. It also happens that the period between two decrees is less than two years. In this case, the law allows replacing the calculation years with those preceding the first decree, when the woman had a full income. Without such a statement, the calculation method based on actual income, that is, the minimum, will be applied. The right to replace periods can be used even if during one or two years preceding the second maternity leave the woman was on the first maternity leave for at least a day.
Collecting earnings certificates
Currently, to determine the amount of any benefit, it is calculated based on the results of two calendar years that have passed before the year of maternity leave. For example, if a maternity leave is issued in 2015, then the amounts earned in 2013 and 2014 will be taken into account in the calculation. If you worked in other organizations during this period, you must attach to your application certificates of accrued amounts from these places of work so that they are taken into account when calculating benefits. Certificates, of course, are better to draw up immediately upon dismissal, but even after they can always be obtained from the organization’s accounting department, except in cases where legally it no longer exists. In such a situation, a request is made to obtain information about earnings for previous years from the Pension Fund to the accounting department of the organization in which you currently work.
Registration procedure
How is sick leave issued for pregnancy and childbirth? After thirty weeks, the employee will come to you with a package of documents to apply for sick leave for pregnancy and childbirth.
When is maternity leave issued? This must be done as soon as possible , so that from the day the order is drawn up, the woman begins to receive maternity benefits, and she herself can go on vacation.
Therefore, you, as an employer, must be prepared in advance to perform all the actions required of you and check whether the documents for maternity leave have been collected correctly.
What documents are needed to apply for maternity leave?
Certificate of incapacity for work for pregnancy and childbirth
What is needed to apply for maternity leave? The most important thing in the package of documents is the certificate of incapacity for work. Based on this document, the timing of maternity leave begins to count .
This document is issued at the antenatal clinic when a woman reaches thirty weeks of pregnancy.
The certificate of incapacity for work indicates the passport details of the expectant mother, the name of the treatment institution that issued the document, as well as the recorded gestational age.
In addition, the chief and attending physicians put their signature on the certificate of incapacity for work, as well as the seal of the medical institution, thereby proving the fact that the document is genuine.
The certificate of incapacity for work must be drawn up on a special form and mainly on a computer . A handwritten document is not a certificate of incapacity for work.
Some medical institutions may indicate the estimated date of birth in this document. It is easier for an employer to focus on this period and calculate the length of time a woman in labor will be on maternity leave.
Statement
Another important document is an application for maternity leave, drawn up by the mother herself. This document contains a link to the certificate of incapacity for work.
How to write an application for maternity leave? An application for sick leave for pregnancy and childbirth is drawn up on an A4 sheet of paper . There is no exact form for drawing up an application, fixed by law.
The main thing is that the document is sent to the name of the organization and its head . It is also important to indicate the information from whom the form was received.
In the text of the application itself, the maternity leaver, referring to the certificate of incapacity for work, speaks about her term and asks to be allowed to go on maternity leave, retaining her place in the organization.
Next is the signature of the writing employee and the date of compilation.
The application can be drawn up either by hand, but in clear and understandable handwriting, or on a computer.
If the organization has a local regulation that talks about how the application should be filled out, be sure to use the recommendations.
You can also see the application and see examples of how to fill it out on the Internet.
Order on maternity leave
Based on the documents received, a leave order is drawn up for the employee. True, before sending a maternity leave on her well-deserved leave, it is necessary to carefully check the documents and calculate the deadlines.
Once you are sure that maternity leave can begin today, draw up an order.
Let us recall that an order is a local normative act of a single organization , which has legal force on its territory and is mandatory for execution. In addition, all employees must familiarize themselves with the order, so it is posted on the information board for a while.
The order is approved by the seal of the organization, as well as the signature of the employer. It has a strictly established form t - 6 (leave order form).
The certificate of incapacity for work, the employee’s statement and a copy of the order are sent to her personal file.
Certificate that the woman is registered for early pregnancy
If a woman registers with an antenatal clinic before reaching 12 weeks , then she also has the right to an additional payment in the amount of five hundred rubles.
However, for this, a certificate of early registration must be provided to the employer.
The employer must check the certificate, read it and attach it to the personal file if it is truly genuine.
The certificate is taken by the woman at the consultation where she is registered.
Submission deadlines
Maternity leave may vary in duration. This depends on individual characteristics, the number of children, region of residence, work of the pregnant woman and other factors. Conventionally, this type of leave is divided into prenatal and postnatal. The number of days of each of them is determined by the doctor.
As a general rule, an application is drawn up immediately after receiving a sick leave certificate. The document indicates any date, but it must coincide with the day the document is submitted to the HR department. Sick leave is provided at 30 or 28 weeks of pregnancy, depending on how many children are due to be born.
Important! If a child is born before the due date established by the medical institution, the employee has the right to use the summary period. The end date of the leave is set taking into account the progress of labor and the pregnancy itself. In case of premature birth or delay, the total duration of leave does not change.
For a singleton pregnancy and normal childbirth, the duration of leave is 140 days. If the pregnancy is multiple - 184 days. If there were complications during childbirth, another 16 days are added; if working in polluted conditions, the additional period increases to 20 days. To receive additional days, you must write another application and present a certificate confirming difficult labor from the maternity ward.
In the case of adoption, the period of leave may be reduced. This is explained by the start of the countdown from the moment the decision on adoption comes into force. The application indicates the duration of the release from work - 70 days, or 110 days if twins are adopted.
Order
The Labor Code does not clearly answer the question of whether an order is needed.
One way or another, the head of the company decides for himself whether to write it or not .
In accordance with Article 255 of the Labor Code, a certificate of incapacity for work attached to the employee’s personal file is the direct basis for her absence from the workplace.
That is, from the above it follows that the presence or absence of an order is the whim of the employer .
Form
If an organization expects to have an order for an employee to go on maternity leave, then it must be drawn up in a special form. So, first indicate the name of the organization, and then the order number .
Also, the text of the document must indicate for which specific employee it was drawn up and what it reinforces through its actions.
If an order is drawn up, then all citizens working in the organization must be familiar with it. As a rule, such documents are hung on the information board for review.
