Has the law on parental leave for children up to 4.5 years been adopted in 2021?

Parental leave extended to 4 5 in 2021

Initially taking leave only for up to 1.5 years will not be a violation of labor laws. However, there may be some inconveniences for both parties due to the need to prepare additional documents:

the employee will have to appear at the place of work to apply for an extension;
the employer will have to approve the application, prepare an order, and make an additional entry in the personal card.

Thus, it is possible to extend the leave after the child is 1.5 years old until he reaches 3 years old. The consent of the authorities is not required for this. How to register after 1.5 years? The need to extend the period of child care will be required if the employee’s original application contained a request for leave of up to 1.5 years, and the order was drawn up for precisely this duration of the break from work.

Duration

According to the Labor Code, the maximum duration of leave to care for one child is 3 years.

This means that the day after the third birthday, the mother or other person providing care is required to go to work.

But if during such leave another baby is born, then the break from work can be extended until his third birthday, after the end of the second maternity leave.

It should be borne in mind that the benefit is paid exclusively for up to 1.5 years. After which you can only count on a small monthly compensation.

The entire period of such leave is included in the general and continuous length of service. It affects bonuses for length of service, salary bonuses for work in the Far North, etc. But there is a limitation for calculating pensions. As noted above, for this purpose, the length of service includes only one and a half years of such leave for each child. And the total period cannot be more than 4.5 years. This means that the length of service for calculating pensions will include vacations of up to 1.5 years for the first three children, but starting from the fourth child, such a break in work will be interrupted.

Get compensation and benefits

This period is included in the insurance period. This applies to mothers who give birth to a child three times in a row, and the gap in time is minimal. Then the mother can include these 4.5 years in her work experience. Those. a woman cannot, on a general basis, extend her vacation once again; she needs to agree on this issue with her employer. A woman has the right to apply for a job, but payments will not be made. But for family reasons and other reasons, an employee can write an application to be granted leave without pay (Article 128 of the Labor Code). Its duration is determined by agreement of the parties. But not all employers provide such leave. Typically, women go to work as soon as the child turns 3 years old. An employee who writes an application to extend her vacation is retained in her job and paid a monthly compensation of 50 rubles.

Parental leave extended to 4 5 in 2021

In form T-6, sections B and C should be filled in with data on the duration of the vacation, the beginning and end of the rest period. Sample order to extend up to 3 years: Rest after 3 years The three-year period of child care has ended, can the baby’s mother or another relative extend maternity leave after 3 years, and how can this be done? Article 256 of the Labor Code of the Russian Federation, which regulates the procedure for registering child care, does not contain grounds for extending leave after reaching the age of 3 years. Also, not a single law has been adopted that would allow increasing the duration of care after 3 years, for example, to 4.5. The question of extension usually arises in connection with the lack of space in kindergarten. Often, by the time the child reaches his third birthday, he has not yet received a place, or he receives it, but only then enters the group in August or September. It is logical that the child’s mother would want to extend her rest time after 3 years until the child leaves for kindergarten.

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Extension of maternity leave to 4-5 years

Its duration depends on the course of pregnancy and the birth process, as well as on the number of children born at the same time:

140 days, if the pregnancy period and delivery proceeded without complications, and the pregnancy was singleton,
156 days, if during delivery a Caesarean section was required or severe bleeding occurred,
194 days if twins, triplets, etc. were born.

There is a way to extend the prenatal period - bring a certificate from the clinic stating that the pregnant woman is feeling unwell, on the basis of which a certificate of temporary incapacity for work is issued. The reason may be to continue pregnancy. After the specified number of days, maternity leave begins directly, that is, its beginning will be symbolized by the last day of the child’s mother’s sick leave.

How long is maternity leave?

If the expectant mother is to give birth to only one child, and during childbirth doctors assume that there are no complications, then the total vacation period is 140 days, evenly distributed over the period before childbirth and the time for recuperation after it - 70 days each (before childbirth and after).
If a pregnant woman gives birth to one child, but her attending doctor suspects complications, this will increase the period of rest after childbirth. In this case, after the birth of the baby, the time for rest and recuperation will be 86 days.
If the expectant mother plans to have more than one child, this also increases both parts of sick leave. In this case, it will be 84 days before birth and as many as 110 days after.
If, before the moment of birth, the mother was not aware of the number of children (about a multiple pregnancy), then the first part of the rest lasts 70 days, as in a singleton pregnancy, and the second part will be increased and amount to 124 days.
If labor begins prematurely (terms that are considered premature must always be clarified by law), then the woman has the right to be provided with 156 days of rest after the birth of the child.

If a woman was looking forward to her vacation, then she should not delay visiting the doctor and filing a sick leave, since the employer can prepare an order for granting vacation within 10 days after submitting the application and the necessary documents.

Parental leave extended to 4 5 in 2021

It is rarely possible to reach agreement in this way, since it is assumed that the employee either retains part of his salary or the employer pays him benefits out of his own pocket.

By providing the employer with documentary evidence of the validity of the request to increase the period of maternity leave to 6 years. It is worth understanding that in this case, 6 years is the maximum that can be counted on, and after the expiration of this period, the employer will have the legal right to dismiss the employee.
One of the compelling arguments in favor of extending maternity leave is the presence of a certificate from an accredited medical institution indicating that the child needs home care and cannot attend kindergarten.

Changes to maternity leave 2021

The birth of a baby is both a great joy and a great responsibility for parents. Also, pregnancy, preparation for the birth process, and the postpartum period are not only an important time for the normal development of the child, but also significant financial costs for the family.

Showing concern for its citizens, the state tries in every possible way to help in creating, preserving and expanding families, assigning various payments, allowances and benefits for the birth of children. One type of such material support is maternity payments.

Summary

Is it possible to extend maternity leave to 4.5 years for a mother with many children in 2021?
Can I extend maternity leave to 4.5 years and which law should I refer to?
Is it possible to extend maternity leave to 4 years if the child is often sick?
Is it true that maternity leave has been extended to 4.5 years and how long will they pay?
Is it possible to extend maternity leave to 4.5 years?
Is it true that maternity leave has been extended to 4.5 years?
My maternity leave of up to 3 years is ending. Can I extend it to 4.5 years?

Questions

1. Is it possible to extend maternity leave to 4.5 years for a mother with many children in 2021?

1.1. No, this is not provided. This was a bill that was not adopted by the State Duma.

2. Can I extend maternity leave to 4.5 years and what law should I refer to?

2.1. You can't, Art. 256 of the Labor Code of the Russian Federation At the request of a woman, she is granted maternity leave

until he reaches the age of
three years.
During the period of parental leave, the employee retains his place of work (position).

3. Is it possible to extend maternity leave to 4 years if the child is often sick?

3.1. No you can not. Only if the employer provides you with leave without pay.

4. Is it true that maternity leave has been extended to 4.5 years and until how long will they be paid?

4.1. Is it true that they extended maternity leave to 4.5 years and how long will they pay?? -there is no such law yet

5. Is it possible to extend maternity leave to 4.5 years?

5.1. There is no such law yet. So it’s impossible.

6. Is it true that maternity leave has been extended to 4.5 years?

6.1. It hasn't been extended yet.

7. My maternity leave of up to 3 years is ending. Can I extend it to 4.5 years?

7.1. The law provides for parental leave only up to 3 years of Art. 256 of the Labor Code At the request of a woman, she is granted leave to care for a child until he or she reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws.

7.2. No. nothing has changed in this regard yet. So parental leave is only up to three years. As for 4.5 years, changes have been made to pension legislation

8. I am on maternity leave. Now my son is two years old. Can I extend my time on maternity leave to 4 years? (I have already written an application to extend the DO for up to three years) how to do this?

8.1. No, the Labor Code of the Russian Federation establishes parental leave for up to three years. With the consent of the employer, you can take leave without pay, but for a period that can be agreed upon. Article 128, 256 of the Labor Code of the Russian Federation.

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9. You can extend maternity leave to care for a child. Currently on maternity leave for a child up to 3 years old. Is it possible to extend maternity leave while maintaining a job until 4 or 5 years. Thanks for the answer.

9.1. Hello, Marina! The legislation does not provide for the extension of parental leave until the child reaches the age of 4 or 5 years.

9.2. Unfortunately, the law does not provide for the extension of parental leave for more than 3 years, so you will have to either go to work or quit if it is not possible to work.

Unfortunately, the law does not allow an extension for such a period: (Only up to 3 years. All the best and pleasant to you. Happiness, kindness and prosperity. Sincerely, the team of ORION LLC.

10. Can my wife continue to be on maternity leave if the child will soon be 3 years old, that is, extend it until the child is 4.5 years old?

10.1. Hello. No, in accordance with labor legislation this is not provided. However, this is possible by agreement with the employer.

10.2. Good evening, according to the law in Russia, parental leave can only be granted up to 3 years—Article 256 of the TKRF, good luck to you!

10.3. Hello. When the child reaches three years of age, she can go on leave without pay with the consent of the employer, but the employer has the right to refuse. Why did you even think that the vacation could be extended to 4.5 years?

10.4. No parental leave is provided for when the child reaches the age of 3 years; only leave can be taken to care for a child up to 14 years old.

11. I have a question about the duration of maternity leave. At the end of May my second daughter turns 3 years old. Is it possible to extend maternity leave to 4.5 years or if I am not ready to go to work, do I need to write a letter of resignation? Thank you in advance.

11.1. Parental leave cannot be extended after the child turns three years old. If for any reason you cannot go to work, you should resign or negotiate with your employer to provide you with leave without pay (which is unlikely for such a long period).

11.2. Good afternoon Not necessarily, but if they refuse to grant you leave without pay, you will have to quit. You can submit an Application (2 copies), the main thing is that your copy is stamped with a seal, input. No. and signature, if they refuse to accept it, you can send the Application by registered mail with notification and inventory.

Article 260 of the Labor Code of the Russian Federation. Guarantees for women in connection with pregnancy and childbirth when establishing the order of provision of annual paid leave Before maternity leave or immediately after it, or at the end of maternity leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer.

12. Is it possible to extend maternity leave to 4.5 years when the child reaches the age of three, that is, to extend it?

What statements need to be written to the employer, will the employer object to this, are any benefits paid, etc.?

Now the wife is on vacation, one of these days the child will turn three years old, and at the same time the wife is in the 4th month of pregnancy.

What is necessary and what is the right thing to do in this situation?

Thank you for attention!

12.1. Unfortunately, the Labor Code of the Russian Federation provides only parental leave for children up to 3 years old. By agreement with the employer, your spouse can take leave without pay, but the employer has no obligation to provide such leave. Good luck!

13. How to extend maternity leave to care for twins until they reach the age of 4 years.

13.1. Article 128. Leave without pay

[Labor Code of the Russian Federation] [Chapter 19] [Article 128] For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between

employee and employer.

13.2. Hello Tatyana, you can take a vacation without pay. But it is necessary to take into account that leave without pay is given at the discretion of the employer.

Calculation of benefits and other compensation payments

During such leave, parents have the right to count on the following income :

benefits up to 1.5 years;
payment in the amount of 50 rubles up to 3 years.

For parents working under an employment contract, the benefit for up to 1.5 years is monthly 40% of average earnings . However, average earnings for the purposes of this benefit differ from the calculation of an indicator with the same name, but used to determine regular vacation pay. In this case, only those types of payments for which compulsory social insurance contributions were calculated are taken into account. And since the law sets a limit on the annual salary from which contributions are calculated, the average earnings may be less.

At the same time, the monthly payment cannot be lower than the established minimum amounts , which are indexed annually and in 2021 amount to 3163.79 rubles for the first-born and 6327.57 for all other children.

In order to understand how much you should expect, you need to analyze your income for two full calendar years preceding the vacation. That is, if the right to leave arose in 2018, the calculation of average earnings will include the amounts of payments accrued for the entire year 2021 and 2021.

Next, these accruals should be compared with the established limits. These limits are also subject to annual indexation and for previous periods are:

for 2015 – 670,000 rubles;
for 2021 – 718,000 rubles;
for 2021 – 755,000 rubles.

Having determined the amount of your total salary taken into account, it must be divided by the number of calendar days in the years related to the calculation (or by 730 days if earnings were above the limit). The number of these days will be less if the period includes sick leave or other breaks in work.

The monthly payment for a child under 3 years old as of 2021 is 50 rubles. To receive this payment, you must write an application to the manager. Moreover, you must apply for this benefit within six months after the first day of vacation. If the application is received later, such compensation is paid for the past period not exceeding six months. The law does not provide for indexation of this type of payment.

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A regular entry in the medical record will not be enough - you need to obtain the opinion of a medical advisory commission. It is worth noting that the extension of maternity leave can be used by both the child’s mother, his father or a close relative. How to obtain a certificate from the medical advisory commission to extend maternity leave until the child is 4.5 years old. The VKK certificate may contain information that the child:

has a chronic disease
is allergic
susceptible to frequent illnesses due to weak immunity.

One of the above reasons will be sufficient to recognize the need for a parent to stay with the child and to refuse to attend a preschool institution.

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If the maternity leave is not issued by the child’s mother

If necessary, leave for a child can be granted to the father, other relatives, guardians or adoptive parents. If one of the above persons is caring for a child, then such a citizen can exercise the right to leave within the established time frame.

If one of your company’s employees (father) decides to go on maternity leave, then you are obliged to satisfy his request. To do this, the employee will need to submit:

application in free form (similar to when a mother applies for maternity leave);
a copy of the mother’s “maternity” sick leave (to determine the start of leave);
a certificate from the mother’s place of work stating that she did not issue a maternity leave in her name.
a copy of the child's birth certificate.

The duration of the vacation is established according to general rules, similar to the right to extend the vacation and recall from it.

As for adoptive parents, an employee who becomes an adoptive father/mother can:

take advantage of the right to rest similar to maternity leave. The first day of such leave will be the day of adoption, the last day will be the day the child reaches 70 days. If at the time of adoption the child was older than 2 months and 10 days, then the employee cannot take out such leave;
do not go to work until the child’s third birthday. If an employee has adopted a newborn baby, then parental leave begins on the day following the day the baby turns 70 days old. If an employee adopts a child older than the specified age (2 months 10 days), then in this case the employee immediately takes out care leave for up to 3 years.

To apply for leave, the adoptive parent will need an application and a copy of the child’s adoption certificate. As in the situation with the birth of a child, the adoptive parent may initially go on vacation until the child reaches 1.5 years old, after which he has the right to extend the vacation time for another 1.5 years. If desired, the employee may begin performing official duties earlier than the deadline (upon application).

Extension of maternity leave to 3 years, to 4.5 years

Application for extension of maternity leave, sample application There is no unified form of application for granting or increasing leave to care for a child, fixed by law. It is drawn up in free form in the name of the immediate superior and given directly to him, to the accounting department or to the human resources department.

The main thing is to correctly explain what the employee’s request is, indicate the duration of the new maternity leave, sign the document and write who wrote it and when it was written. It would not be a mistake to identify articles of legislation that confirm the employee’s correctness, but the employer probably himself understands labor relations.

Application and order

An application immediately for the provision of leave and for the establishment of benefits, as well as an application for payment for children under 3 years of age, is written to the head of the employing organization. The start date of the leave specified in the application will be the day following the end of maternity leave. The end of the period can be either 1.5 or 3 years. Required additional documents must also be listed as attachments.

The application is submitted to the HR department, accounting department or directly to the manager.

Based on the documents received, orders are drawn up :

on vacation;
on the appointment of benefits for up to 1.5 years based on average earnings;
on the appointment of care payments for up to 3 years.

The obligation to return from leave begins the day after the child reaches the appropriate age.

Maternity leave up to 4.5 years

You also need the date of birth and full name of the child. In the next paragraph, it should be noted that you are asking for a child care allowance and a monthly compensation payment. Below should be a number and signature. Information about an employee being on maternity leave is not entered into the work book.

For what reason can parental leave be extended? If an employee decides to stay at home with her child until he is three years old, she has every right to do so, and she is not obliged to indicate the reason and basis for her decision. Her workplace must be retained. And a woman on maternity leave can return to her company at any time, to the same position, for the same salary.

Design features in various situations

Depending on the situation and the status of the parent or child, those caring for the child may have additional rights.

Additional days off for relatives of a disabled child

To take care of a disabled child, the Code provides for the opportunity for a mother or father, upon written application, to receive 4 additional days off from work per month.

Payment for such days is calculated based on average earnings.

To receive additional days off you must provide :

certificate of disability;
documents about the child’s place of residence;
birth certificate or document confirming guardianship, adoption;
a certificate from the second parent stating that his employer did not provide him with additional days or were partially used.

If in any month these days were not fully or partially used, then they cannot be transferred to another month.

Part-time work

If, in addition to the main place of work, the child’s mother or other caregiver also has one or more part-time jobs, then such employers provide leave according to the usual rules. The difference will be that benefits are not paid .

At the same time, if while on parental leave at the main place of work, an employee gets a part-time job, then no conflicts with the law arise. The Labor Code states that part-time work should not exceed 4 hours a day. And this does not contradict one of the conditions for being on vacation and receiving child care benefits - the ability to work part-time.

Extension of vacation

If an employee has written an application requesting leave to care for a child only up to 1.5 years, he has the right, no later than the next working day after the end of the period, to write another application requesting to extend the leave to 3 years.

After the little person turns 3 years old, the employee has the right to apply for unpaid leave. But the employer can legally refuse him.

Interrupt

The person caring for the child can, if desired, go to work before the due date. Moreover, given that such release from work is a right, not an obligation, it is possible to return to work, even if the employer is against it.

This is confirmed by judicial practice. For example, in 2013, the St. Petersburg City Court, in Ruling No. 33-11987/13, confirmed that the management of an organization does not have the right to refuse to interrupt its employee’s vacation. Moreover, the court confirmed that the law does not describe the procedure for notifying an employer about leaving a vacation, which means you can inform your manager about your intentions one day before leaving.

Parental leave may also be interrupted to provide another paid leave. In this case, you must write a letter of resignation and on the same day an application for paid leave.

If desired, the interrupted vacation can be continued at any time.

Part-time exit

In order not to lose the right to social benefits for caring for a child under 1.5 years old, the mother or other person caring for him has the right to return to his work duties on a part-time basis or start working from home.

The employer’s obligation to satisfy the request of one of the parents of a child under 14 years of age and to establish a part-time rate for such an employee is provided for in Article 93 of the Labor Code of the Russian Federation.

Thus, it is necessary in the application for going to work before the child reaches the age of one and a half years to indicate the desire to begin working on a part-time basis. In this case, the total time during a five-day period should not exceed 20 hours.

Extension of maternity leave to 4.5 years law

Receiving leave to care for a child is the right of every parent who works in Russia. And the country’s legislation allows both women and men to enjoy this right.

Many people are interested in whether the law on parental leave for children up to 4.5 years old has been adopted in 2021. Since the standard period is only three years and is not always convenient for parents. What you need to know Taking maternity leave is an opportunity to be with your baby and take care of him for three years. And the state provides the mother with this opportunity.

At the same time, changes to the legislation were announced starting in 2018, which will allow people to be on maternity leave for up to 4.5 years. But here you should know some nuances. Because this opportunity is not available to every parent.

And not everyone can go on maternity leave for such a long period of time.

Registration procedure

In order to go on leave to care for a baby and become eligible for benefits, you must provide :

application for leave of the required duration and assignment of benefits calculated on average earnings;
birth certificate;
documents for previous children, if necessary (the presence of more than one child affects, for example, the permissible minimum for the monthly benefit amount);
a certificate from the other parent stating that he is not on leave and is not receiving benefits from his employer.

In special cases, for example, to confirm a child’s disability, other documents may be required.

To apply for childcare benefits for a child under 3 years of age, you must write a separate application.