Law On Extension of Maternity Leave From 2021: latest amendments, advice, documents

Is it possible to extend maternity leave to 4 years under the new laws?

The legislation of the Russian Federation does not provide for the extension of parental leave after three years. It is believed that the fourth year of life is optimal for children to start attending kindergarten.

If there is an urgent need to increase the duration of maternity leave, you can take leave at your own expense in agreement with the employer.

Based on the Labor Code of the Russian Federation (Article 128), with the consent of the employer, an employee can be granted leave (for valid family reasons) without pay for a period agreed upon by both parties (minimum 28 calendar days, maximum one and a half years).

Valid reasons include caring for a child with a disability or the inability to send the child to kindergarten.

An extension of maternity leave can be used at the birth of several children of the same age ; this will allow you to apply for parental leave until the last one reaches three years (read about how to apply for an extension of parental leave up to 3 years).

Thus, the main periods of maternity leave are:

Maternity leave - duration 140 days in case of normal childbirth , 156 - in case of complications during childbirth, 194 days - in case of simultaneous birth of two or more children, a benefit is paid in the amount of 100% of average earnings or the minimum wage, if earnings at the full rate are lower. In 2021, the minimum wage is 12,130 rubles.
Maternity leave to care for a child up to 1.5 years old - a monthly allowance is paid for caring for a child up to the age of 1.5 years in the amount of 40% of the average salary or the minimum amount for the unemployed - 3,375 when caring for the first child and 6,751 rubles when caring for the second one.

Extension of maternity leave to 4 years is additional and is not paid for by the state or employer.

How to obtain a VVK certificate to extend vacation?

If an employee has good reasons for increasing the duration of “rest,” then the manager does not have the right to create obstacles or refuse.
Likewise, the director does not have the authority to dismiss an employee while he is not performing his official functions. Good reasons for increasing the rest period may include:

the woman’s unsatisfactory state of health is confirmed by a doctor’s certificate;
a chronic illness in the newborn or a weak immune system.

In such a situation, it is clear that the mother’s constant presence with the newborn is a necessity, and going to a kindergarten is inappropriate. However, a standard medical record or doctor's note is not enough. The employee must apply for a medical commission's opinion. It is noteworthy that not only the mother, but also other relatives of the family can apply for an additional maternity leave.

Contents of the certificate from the VKK:

establishes the chronic course of the disease;
the child has allergies;
Due to a weak immune system, the baby is susceptible to frequent illnesses.

At least one confirmed reason is a legal basis for extending maternity leave.

You can obtain a VKK certificate at the following institutions:

district children's clinic;
commercial clinic with accreditation.

Procedure for visiting doctors:

Pediatrician - to obtain referrals to other medical specialists.
Visiting doctors as prescribed, as well as visiting doctors specializing in the child’s illness. The conclusion from each doctor is reflected in the medical record.
It is necessary to submit urine, blood, and feces for analysis. The results obtained are also recorded in the outpatient card.
Make an appointment with an immunologist and get recommendations on your child’s daily schedule, nutrition and rest.
Examination and consultation with a medical commission - VKK, as well as receiving from them a final medical opinion in the form of a certificate.

Documents received from the VKK are the basis for extending parental leave for a child under 6 years of age. However, the mother and baby will have to undergo this procedure every six months and submit a certificate to their place of work.

Procedure

This procedure is quite simple, the most important thing is to obtain the employer’s consent and in advance collect the necessary medical reports from doctors or other documents confirming the urgent need to delay going to work. Details and procedure for completing the application:

submit a written application to the HR department;
read the order granting an employee leave without pay, sign it and ask to have a copy certified for yourself.

Here we must take into account that not only the mother of the child, but also any working and capable adult family member can take leave with the consent of the employer. All this, as well as the duration of the vacation, is decided solely by agreement with the employer.

The application is written in free form; there is no specific prescribed writing pattern, with the exception of enterprises where it is standardized.

The following points must be mentioned in the content:

“Hat” - is drawn up in a standard way: the full name of the head of the enterprise is indicated, his position and the name of the organization are clearly stated, as well as the name and position of the applicant from whom it came.
The name of the act is “Statement”.
The main content is that the application itself correctly and clearly states the request indicating a valid reason for the delay. In this case, you need to provide information about the child, and be sure to indicate the exact start and end date of the additional period of child care.
Appendix: you need to list additional documents confirming your right to rest, if any.
Date and signature are placed at the end.

Attention! If parental leave is extended to 4 or 5 years, the employee has the right to interrupt it at any time and be reinstated by writing a corresponding application.

Circulation period

Submitting a written request to extend maternity leave after 3 years is allowed until the baby reaches this age. After this, it is necessary to renew it each time if the parents have such a desire.

Algorithm of actions:

A written appeal to the employer. This can be done in the HR or accounting department - it depends on the type of enterprise and the employee performing the function of processing documents.
Receive an order from management, which is drawn up by a personnel officer and signed by the director of the organization.
Wait for the manager's order. As a rule, the order is drawn up by the personnel officer and signed by the director. After the employee extends her vacation, she needs to read the document for signature.

Read also: Sick leave for grandmother to care for her grandson

The law does not set deadlines for filing an application. But the HR department employee needs time to complete the paperwork, and the accounting department needs time to make cash payments. Therefore, experts recommend submitting documents no later than 10 working days before the maternity leave.

It is noteworthy that leave to care for a newborn can be taken out immediately for up to three years at the first application. Thus, a woman eliminates the need to visit her place of work several times.

Failure to apply for an extension of maternity leave may result in absenteeism and a reprimand.

What documents may be needed?

As stated above, the process of applying for this leave is simple and requires a minimum standard set of documents (the list may vary depending on the requirements of the manager):

application for additional leave (read more about whether and when you can take annual leave after maternity leave here);
a copy of the child's birth certificate.

In some cases, supporting documents may be needed (IHC certificate):

a certificate from a pediatrician or other specialists with a diagnosis of a child’s disease requiring long-term treatment;
conclusion of a doctor-immunologist, excluding the child’s stay in child care institutions;
a medical document confirming the unsatisfactory state of health of the mother and the need for additional care for the child.

Reference! In the event of a child’s illness, parents can take out sick leave for themselves; in this case, there is no need to take leave. Sick leave is paid depending on the duration of treatment and the parent’s insurance coverage.

Is this period paid?

At its core, vacation taken in agreement with the employer is considered vacation at one’s own expense and is the personal choice of the employee.

It is not fixed by law in any way, as a result of which payments and benefits are not expected under it.

In some cities of the Russian Federation, regional compensation is provided for failure to provide a place in kindergarten , equal to the cost of living for a child. If parents take sick leave due to a child’s illness, it will be paid based on average earnings.

Extending maternity leave after 3 years: pros and cons

Maternity leave is given only until the child turns 3 years old. If a woman wants to extend this period, she must obtain permission from her employer.

Benefits of maternity leave after 3 years:

there is an opportunity to devote full time to raising a child;
the job is saved.

A woman’s total of no more than 4.5 years of maternity leave is counted as working experience for calculating her pension if she is no longer caring for her first child.

Negative aspects of maternity leave after 3 years:

lack of society - a woman stops developing mentally for a while, loses contact with the team;
For single mothers, maternity payments are not enough to fully support the child and themselves;
Many employers do not like employees who often go on sick leave, therefore, conflicts with superiors may arise.

Children often get sick due to imperfect immunity; it will be difficult for a working mother to cope with this. In many Russian cities there are many problems with queues in children's hospitals; employed women cannot work full-time and are forced to be absent for a long time. Having weighed all the pros and cons, we can say that maternity leave after 3 years is suitable for those who have someone to leave their child with while they are at work, or place them in kindergarten. The work schedule plays a significant role in decision making.

Is refusal possible?

The decision to grant or refuse to extend leave is made by the employer, and he has every right to reject the employee’s request if he considers it inappropriate or it may adversely affect the production process.

The only exception is the case when parental leave after the age of three is prescribed in the collective agreement; under these conditions, consent is the responsibility of the manager.

Important! During the period of extended parental leave, the employee’s job is retained, also at the discretion of the employer. According to the law, employees who go on maternity leave are insured against loss of position only for up to 3 years (Article 256 of the Labor Code of the Russian Federation).

Is it possible to extend maternity leave after 3 years?

According to the Labor Code, seventy paid days are provided before a significant event and seventy days after. Of course, this does not mean that it is absolutely necessary to strictly and unswervingly adhere to just such a schedule. Not at all: an employee can, for example, continue to work until she gives birth, if her condition allows her, and then take all one hundred and thirty-eight days off - or however many remain of the total.

Let's start with the fact that it is quite legal to extend your contract for a year. But don’t get scared ahead of time. The fact is that your baby has not yet been born and the employer is currently obliged to extend the contract with you only for the period of pregnancy. In principle, it makes no difference for the employer whether to conclude a contract with you now for 3 years or renew it next year, when the child is already born.

Why is there news that the maternity leave has been increased to 4.5 or 6 years, and there have been changes in legislation?

From the point of view of the law, the concept of maternity leave up to 4.5 and 6 years does not exist. These figures mean the maximum duration of maternity leave when calculating the pension insurance period (we talked in detail about whether parental leave is included in the work and insurance period in this article). These rules were adopted only for calculating the employee’s insurance period according to the rules of the Federal Law on labor pensions (Article 11) and the Federal Law on insurance pensions (Article 12).

At first, the maximum allowable period of maternity leave, which was included in the insurance period, was 3 years. Then it was extended to 4.5 years, and now it is 6 years. That is, the pension period includes no more than 6 years spent on parental leave. In this case, only vacations taken up to 1.5 years are taken into account. That is, it can be four decrees, taken in full, until the children are one and a half years old.

Based on the above facts about extending parental leave to 4 years, it should be noted that although this procedure does not involve complex bureaucratic wires, it can also turn out to be very difficult to implement due to the fact that decision-making in this regard lies solely with manager

Parental leave can be reduced only if the employee herself expresses a desire to leave it, which is done by submitting an application. What is maternity leave up to 3 years, how to apply for early leave, draw up and submit an application for interruption of leave, can a grandmother go on maternity leave and why does a father need a certificate if he works - read on our Internet portal.

Not every director will be willing to extend vacation beyond the required period. The prospect of living during this period without financial payments forces you to thoroughly weigh the pros and cons before making such a decision.

Payments to a non-working mother

Families in which the average per capita income does not exceed one and a half monthly minimum will be able to apply for this benefit. The State Duma has currently introduced an amendment to the law, which is still under consideration. It proposes that the average income should not exceed twice the minimum monthly wage. Currently in Moscow, this benefit will be accrued if the income of a family of three does not exceed 84,339 rubles.

In 2021, the state plans new additional payments for the adoption (birth) of the first child. This financial assistance from the state will be monthly until the baby reaches 1.5 years old.

Of course, the number of families applying for payments for a child under 7 years of age will be significantly less than the number receiving assistance for children under 3 years of age. This type of benefit is aimed at helping the poorest categories of Russians.

Every month, parents receive subsidies for their third and subsequent children from the federal and regional budgets. The size of the subsidy is equal to the child's subsistence level in the region. The number of regions participating in the program is growing every year. In 2021 there were 62.

For two

On June 19, 2021, Prime Minister Dmitry Medvedev once again made such an initiative. He clarified that the Russian government is ready to increase state aid, but this requires the support of the president, as well as the appropriate legislative framework. In July of this year, the State Duma considered the bill on payments to families with children under 3 years of age starting from 2021 in the third reading and adopted it. In August, the law was signed by Vladimir Putin.

The package of documents is changing, if the legislation officially stipulates a three-year period for child care and pays 50 rubles per month, then in this case you need good reasons to retain your job and experience.

A woman must come to the HR department (secretary, manager) at her place of work in advance and write a free-form application. It is similar to a document drawn up for a vacation period of 1.5 to 3 years, the only thing is that it indicates a request to extend unpaid leave (maternity leave) to care for a child to 4.5 years.

When the need arises

An additional 1.5 years means child care without subsidies, although 50 rubles of allowance from the state for the period from 1.5 to 3 years of age cannot be called generous either. However, this period will be counted towards the insurance period and will provide an opportunity to increase pension payments in the future.

Mothers fired during pregnancy due to the liquidation of the enterprise, as well as fathers and guardians, other relatives not subject to social insurance - 1,500 rubles. for one child, for the second and further – 3,000 rubles;
For employed citizens – 40% of average earnings. The minimum size is 3,277.45 rubles. for the first child, RUB 6,559.89. – for the second and subsequent children. The maximum payment amount is RUB 26,152.27.

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