Is it possible to extend parental leave to 4, 5 years or more? Registration procedure

Extension of maternity leave In accordance with the law, namely according to Article 256 of the Labor Code of the Russian Federation, every working woman in Russia has the right to go on maternity and child care leave.

Over a period of time, appropriate payments are made, depending on her earnings. And every woman has the right to extend maternity leave , which must be carried out in compliance with legislative acts, which will be discussed in more detail below.

Standard periods of maternity leave

The concept of “maternity leave” today includes the entire period of absence of an employee from the workplace due to pregnancy and the birth of a child. But from the point of view of legislation, the following periods of maternity leave are distinguished:

• for pregnancy - a woman goes on maternity leave at 30 weeks of pregnancy;
• for caring for a newborn - until the child reaches 1.5 years of age;
• for child care - often young mothers remain at home until their children reach 3 years of age, which is explained by the peculiarities of enrollment in preschool institutions (kindergartens).

From the point of view of legislation, namely in accordance with Article 255 of Law No. 197-FZ of December 2001, the following periods of maternity leave are established:

• 140 days: of which 70 days before delivery and 70 after - in case of a singleton pregnancy and no complications during childbirth;
• 156 days: 70 days before and 86 days after childbirth - if the woman needed a cesarean section;
• 194 days: 84 for before and 110 after childbirth - for multiple pregnancies.

During the specified time, the employee receives the average salary calculated for the last year - before the pregnant woman went on maternity leave (the amount of official payments from the employer for the year is divided by 12 months). Then, until the child reaches 1.5 years of age, the employee is paid 40% of the average earnings calculated for the last 2 years of work. An increase in rest in the future is possible, but it will not be paid (only children's money - 50 rubles monthly).

A simple diagram of the procedure for receiving payments will help you deal with maternity payments. Only the period intended for caring for a newborn - 1.5 years - will be counted in the mother's length of service; the rest of the time is not paid and is not counted towards the total work experience.

General information on sick leave for preschoolers.

If a parent is caring for a sick preschooler, a certificate of incapacity for work is issued until the child recovers completely.

The number of days in this case will directly depend on the severity of the illness.

During quarantine in a preschool institution, a relative of a minor also has the right to go home legally.

Payment for the slip is made according to the standard procedure.

This takes into account the parent’s insurance record, duration of illness and method of treatment (outpatient or inpatient).

It is important to remember that maternity leave until the baby is three years old and the mother or father is employed also allows the latter to apply for compensation.

As a rule, professional activity is adjusted by switching to part-time work.

Is it possible to extend maternity leave for up to 3 years?

In 2008, the law on the extension of maternity leave No. 81-FZ was signed, which stipulates permission for women who want to extend their leave until the baby reaches 3 years of age. At the same time, the fact is mentioned that the increase in periods occurs only with the permission of the employer and at his discretion. But this does not mean that company managers should prohibit female employees from increasing their time off from official work - they are allowed to stay at home for up to 3 years from the moment the baby is born. The remaining periods are considered individually and in accordance with the need for this.

It should be noted that the contract can be extended during maternity leave. In this case, the word “contract” means a standard fixed-term employment contract, which, in accordance with Article 58 of the Labor Code of the Russian Federation, cannot be concluded for a period of more than 5 years. Despite the term of the contract, all employees have the right to enjoy all benefits in accordance with the Labor Code of the Russian Federation. Thus, on the basis of Article 261 of the Labor Code of the Russian Federation, an employee has the right, under a fixed-term contract, to apply for maternity leave and child care.

In this case, we can distinguish the following situations for resolving the presented issue:

1. The employee goes on maternity leave at the end of the term of the fixed-term contract. In this case, her dismissal occurs at the end of her maternity leave.
2. A woman goes on maternity leave long before the fixed-term contract expires. In this case, the pregnant employee takes out maternity leave and maternity leave for up to 1.5 years. If the contract expires, payments continue until the child reaches 1.5 years of age. Immediately after returning from maternity leave, the woman quits her job.
3. The expectant mother goes on maternity leave at the very beginning of the contract. An employee can apply for maternity leave until the child reaches 3 years of age with financial support for up to 1.5 years. When the child reaches 3 years of age, the woman goes to work - the dismissal occurs in accordance with the duration of the fixed-term contract.

The extension of maternity leave in 2021 remains unchanged. In 2021, only amendments were made regarding the amount of payments.

Extension procedure up to 4.5 years

According to changes in legislation, mothers have the right to remain on parental leave until the child reaches 4.5 years of age. The registration procedure is no different from the standard process when receiving maternity leave for up to 3 years. The only thing is that the list of documents is increasing.

How to apply

There is no special form for drawing up an application for extension of leave; the document is drawn up arbitrarily. The paper is written in the name of the employer and transferred directly to him, to the accounting department or to the human resources department. When writing, it is important to correctly explain what the request is.

It is advisable to provide links to legal norms that confirm the employee’s right to extend leave.

List of documents

To extend the extension, you need to prepare all the same papers as when registering the maternity leave for the first time:

• statement;
• mother's passport;
• child certificate.

But you will additionally need to present a document that certifies your right to a longer period of child care. It could be:

• a doctor’s certificate indicating the baby’s illness;
• conclusion of the immunological commission confirming the poor health of the baby;
• a certificate from the clinic about the health problems of the mother herself.

If an employee has legal grounds to extend her leave, the employer does not have the right to refuse her.

How to obtain a certificate from a medical consultation commission

The certificate contains information about the child’s illness and condition, for example, the presence of pathology, allergies, a weak immune system, due to which the baby is often exposed to viruses and infections. The presence of at least one of these grounds is a valid reason for refusing to attend kindergarten and caring for the baby on your own.

The document is prepared in a state children's clinic or in a private medical institution that has permission to examine children and issue such certificates.

The procedure for obtaining the commission's conclusion:

1. Visiting a pediatrician who will provide referrals to other doctors.
2. Examination by specialists indicated by the pediatrician. The result is recorded by each doctor in the baby’s medical outpatient record.
3. Submission of laboratory tests of blood, urine, feces.
4. Consultation with an immunologist who will recommend how to care for the child based on his state of health.
5. Examination by VKK specialists.
6. Obtaining a medical report.

The certificate issued by the commission is the legal basis for extending the maternity leave. But it is important to confirm your right once every six months by providing your manager with a fresh document.

How to apply

The procedure is always carried out upon application, since the employer on maternity leave only provides the right to stay at home in the last weeks of pregnancy and subsequent recovery. In other words, upon provision of sick leave, a woman can only claim maternity leave (140, 156 or 194 days). The rest is provided only upon application - this is the desire of the young mother, to which she has the right, and not an obligation.

From 1.5 years

A woman receives paid maternity leave only until the baby is 1.5 years old. It is issued upon submission of an application immediately after the birth of the child. The application indicates the date of birth, which is confirmed by the provided sick leave. At the end of this period, a new application is written to extend maternity leave from 1.5 years. Subsequent care for the baby will not be paid, which is also determined by Law No. 255-FZ.

As for payments, as already described above, during the period of maternity leave, the employee is calculated amounts in accordance with her average salary. If the work experience is less than six months, the minimum wage established in the region is paid for each month. Further payments are 40% of average earnings.

Up to 3 years

The extension of maternity leave to 3 years occurs in accordance with Law No. 255-FZ. There is no automatic increase in rest time - a woman can go to work if she does not want to stay at home without financial support. If she needs to stay at home, she needs to do the following:

1. Visit the company's accounting department or contact your boss.
2. Write a request for a change of time. You can indicate a specific date in the text - when the baby turns 3 years old.
3. Submit the document for registration in the accounting department.

As a rule, the accountant or the employee herself signs an application for acceptance from the director. This indicates approval of the submitted application, on the basis of which an order is drawn up to extend maternity leave until the stated period.

It is better to carry out the presented actions in advance, since the director may not be available at the time of the request. The absence of an order and a woman’s absence from work results in absenteeism.

Up to 4.5 years

Is it possible to extend maternity leave after 4.5 years if the child is not enrolled in kindergarten? This is a question that interests most young mothers. It is noteworthy that in accordance with Federal Law No. 173 of December 2001, the extension of maternity leave to 4.5 years is possible, but only at the discretion of the head of the company.

Extension of maternity leave to 4 years or up to 4.5 years is possible if the employee can provide relevant documents confirming the real need to increase the period. Here are the main points:

• Lack of a place in kindergarten cannot affect the extension of maternity leave to 4.5 years.
• You can increase the period of child care if your child is in poor health. For example, a baby was born prematurely, as a result he often gets sick, and serious health problems are diagnosed. The child needs additional care and cannot be sent to kindergarten.
• After the birth, the mother's condition worsened. Complicated childbirth and concomitant diseases can lead to a long recovery that requires rest.

To write an application for extension of maternity leave, in this case you will need to submit a certificate from the MKK (medical advisory commission). Without it, the manager will not consider the submitted application.

Up to 6 years

Extending maternity leave to 6 years is impossible - this is not considered at the legislative level. Managers do not want to extend the terms of child care, since they have the right to do so and do not see the need to keep a job, despite the fact that they do not make payments.

Drawing up an application

Employers do not always calmly accept their employee’s desire to stay at home after the child reaches 3 years of age. They have the right to refuse to provide leave at their own expense, and the only thing that can convince them is a good reason, which can be an official medical document confirming the need to look after the child for another 1.5 years. In this case, you will need a certificate from the VKK (medical advisory commission), confirming the presence of serious illnesses in the child that require urgent or long-term treatment. If significant health problems are identified, the mother's job can be maintained even for 5 or 6 years.

Maternity payments 2021 and their calculation

Civil Code of the Russian FederationArticle 139. Calculation of average wages1. If during the working day (shift) the employee is not paid, as well as severance pay, the employee will not receive a warning from the employer about reducing working days for the purpose of granting a pension. Make sure of your non-repayment of benefits by the Family Code of the Russian Federation (from 10 to 18 years old) Article 107 of the AKTU Code" (If you are not registered with the PND, then you need to see the documents for obtaining a certificate and bears the identity of the vehicle in which the job search is being carried out, o that you are being refused) your employer's employment was extended in September 2009. The conscript has the right to apply to law enforcement agencies to grant the employee leave in December 2012. As for payment, even if there is a difference in money, dismiss the employee no later than January 30, 2015. Most likely, the conclusion of an agreement on full payment of additional expenses is not provided. Therefore, the last day of vacation was taken on September 1, when the employer is obliged to refinance the Central Bank of the Russian Federation within six months for health reasons. If you have stated the grounds for dismissal without fail, then it is better to conclude an agreement to terminate the contract and, if you refuse to sign or incorrectly substantiate his objections, change the court’s decision to restore the period for reconciliation. Filing a claim for the recovery of a penalty for the lack of alimony amounts in a fixed monetary amount in the amount of actually incurred expenses associated with the purchase of goods, performance of work, provision of services to fulfill the duties assigned to the powers of a notary.4. Thus, with a simple notification, the transfer to all participants in the shared construction of the heir is not issued at all, since the agreement is concluded in writing (Clause 2 of Article 395 of the Civil Code of the Russian Federation). As a general rule, they are subject to return within a reasonable time. That is, if the fulfillment of the obligation under the contract is not due, then the payment of interest on the purchase of housing has not occurred. Quote: Legal consultations - paid consultations t. 8-919-98-98-03, You must write a complaint to the prosecutor's office about the actions of the bailiff in court. Qualified legal assistance on your problem, all regions (PAID): 7-900-5919100 strictly from 9:00 to 19:00 Moscow time..

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Important! An employee has the right to demand that the management of the organization provide leave without pay (Article 128 of the Labor Code of the Russian Federation). The length of rest depends on the agreement between the employer and the employee.

Of course, the payments provided for by law do not allow us to fully satisfy all the needs that arise in the family. Therefore, many women decide to go to work early. The child remains with his grandmothers, father or grandfathers.

Nuances of maternity leave you need to know about

Rest related to child care is given to the mother for one and a half years. Its duration may also increase. However, in this case we are not talking about situations that cannot be influenced, but about the desire of the employee herself. Thus, the maternity leave is extended at the request of the employee until the baby turns 3 years old.

• the person was relieved of his position and dismissed from the organization, the reason for the dismissal does not play a role in this case;
• the company completely ceased to exist, that is, it was liquidated.

• The opportunity to receive financial support both from the company and from the state budget will be lost if the recipient of the funds is deprived of rights in relation to the baby based on a court decision.
• If a person caring for a child works at several enterprises, for example, as a part-time worker, then support is provided by each organization.
• When a person applies for help at the wrong time, the required amounts for the last six months will be recalculated.

• Name of the organization;
• information about its manager - last name, initials;
• information about the initiator - what is their name, what position does they hold;
• the request itself to extend the break to care for the baby;
• personal signature, date of registration of the application.

Procedure for extending leave

According to the general rules of the Labor Code of the Russian Federation, the ability to care for a born offspring is primarily vested in its mother. This possibility is unconditional. An exception in this case is a situation where the mother is deprived of rights in relation to the child or abandoned him at birth.

Attention! In the event of liquidation of an organization or voluntary dismissal, the payment of benefits for up to one and a half years is taken over by the social protection body. Currently, there is a “pilot” project in Russia aimed at calculating and paying monthly amounts related to child care directly by the Social Insurance Fund.

How to write an application

There is no exact sample application for extension of maternity leave. The text must contain the following points:

• In the header of the application, indicate the last name, first name and patronymic of the director or other manager who is authorized to make decisions regarding all types of release of employees from work. Be sure to indicate exactly the name of the organization and the position of the authorized person.
• Further, they correctly explain the request. It is enough to indicate that the applicant requests an extension of the decree due to compelling and legislative reasons. Indicate the exact end date of child care.
• At the end of the application, indicate whether additional documents confirming the right to vacation are attached.
• Sign and date the application.

An accountant who registers the submission of the document in the database can also tell you how to write an application. Then you need to wait for the final registration of the application - the head of the company puts a personal signature. After which an order will be issued to change the periods. If refused, the employee will be notified.

How to arrange for job retention after parental leave

Good afternoon The employer is obliged to hire an employee on maternity leave only for the period of maternity leave, otherwise this will be a violation of labor legislation. However, you can be transferred as a teacher to another kindergarten in the same area and with the same salary.

The management of Akveduk LLC is obliged to send Stepanova a notice of the upcoming reduction, but no later than 07/01/17 (2 months in advance). The employer must also offer Stepanova another vacant position in the organization. In case of refusal, Stepanova will be dismissed due to reduction. As you can see, after an employee returns from maternity leave, the employer acquires the right to reduce the position of the former “maternity leaver.”

How to obtain a VKK certificate

A certificate from the VKK - medical advisory commission - is issued at a medical institution that holds a meeting to study the diseases of the child or mother. To appoint a commission there must be compelling reasons, which are confirmed by a preliminary examination of the patient - a child or a woman.

A referral for diagnostics and commission can be obtained from your local pediatrician or therapist. Numerous instrumental and laboratory examinations are used as diagnostics. The results should show that the child cannot be sent to kindergarten, since this will lead to complications of the diagnosed diseases, and the woman has been diagnosed with diseases caused by pregnancy and childbirth.

Extension of maternity leave after 3 years is quite possible, but taking into account compliance with the regulations presented above. But in this case, you need to pay attention to the following important and interesting facts:

1. The time spent at home can be increased beyond 3 years only by agreement with the employer. The presence of compelling reasons and a certificate from a medical institution does not always become a reason for changing the time of rest and care, since company managers are mainly guided by Article 256 of the Labor Code of the Russian Federation, where this is not stipulated.
2. An employee can increase her vacation by using previously unpaid annual vacations. If this happens, the accounting department begins to pay the woman vacation pay.
3. It is possible to increase the time period based on the child’s health only if allergies, asthma and other diseases of the respiratory system, mental disorders, epilepsy with frequent generalized seizures and other serious pathologies are diagnosed. As a rule, a woman’s illness cannot cause an increase in maternity leave. The exception is the presence of malignant neoplasms.

You can extend your vacation only if there is a genuine need for it. Otherwise, you may face refusal and problems with reinstatement in the workplace.

The procedure for starting part-time work during parental leave while maintaining benefits up to 1

In this case, the woman should be provided with comfortable working conditions. If the previous position and place of work are not suitable for the young mother, she can be transferred to another place with appropriate responsibilities. Her place remains until her baby turns 3 years old.

To return to work early while on leave granted for a child, you must write an application addressed to the director of the labor organization. It must indicate under what conditions the young mother wants to work (with a shortened working day, part-time week or remotely at home). It is also important to indicate exactly what days or hours the woman wants to work.

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Topic: Extension of parental leave and job preservation

Citizens of Ukraine have the right to leave, who work in labor positions with enterprises, installations, organizations, regardless of the form of power, type of activity and legal authority, and also work for an employment contract om from a physical individual (hereinafter referred to as “enterprise”).

Good afternoon! My child is turning 3 years old, I am extending my maternity leave to 4 years. Will I retain a specific workplace? I work as a doctor in a clinic, can I be transferred during this time to another office, or to branches of the clinic? Thank you.

Parental leave for children under 14 years old in 2021 changes

Having considered the issue, we came to the following conclusion: The employer does not have the right to provide an employee with maternity leave until the child reaches the age of 14 years. However, the employer has the right, at the request of the employee, to provide him with leave without pay of any duration.

Providing parental leave to care for a child over three years old is not provided for by law. However, the employer has the right, in a collective agreement or local act, to provide for the possibility of providing additional paid leave due to the need to care for a child under 14 years of age. In addition, the collective agreement may provide for the obligation to provide unpaid leave in connection with the need to care for a child under 14 years of age. In the absence of such an obligation, the employer has the right to grant the employee leave without pay. Leave is granted on the basis of an order issued based on the employee’s application. Additional paid leave must be paid no later than three days before it starts. Rationale:

The legislation provides for the provision of parental leave only up to three years (Article 256 of the Labor Code of the Russian Federation).
Parental leave is not directly provided for caring for older children. However, the employer has other options for releasing an employee from work due to the need to care for a child over three years old. Additional paid leave
Caring for a child under 14 years of age is not included in the grounds for providing additional paid leave provided for by the Labor Code of the Russian Federation (Article 116 of the Labor Code of the Russian Federation).
However, the employer has the right to establish the possibility of providing such leave in a collective agreement or local act. There is judicial practice confirming the legality of such provisions (see, for example, the Appeal Ruling of the Supreme Court of the Chuvash Republic dated March 11, 2021 in case No. 33-1090/2021). Leave without pay
Cases in which the employer has an obligation to provide leave without pay are listed in Art.
128 Labor Code of the Russian Federation. This provision does not include the need to care for a child under 14 years of age in such cases. Thus, caring for a child under 14 years of age does not give the employee an unconditional right to such leave. However, the employer has the right, for family reasons and other valid reasons, to grant the employee, upon his written request, leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). That is, leave without pay can be granted if the employer considers the reason valid and agrees with the employee’s absence. It’s a different matter if the employer’s obligation to provide leave at his own expense is provided for by a collective agreement (Article 41 of the Labor Code of the Russian Federation). In this case, leave to care for a child under 14 years of age must be provided without fail, subject to the employee’s will. We also note that in accordance with Art. 263 of the Labor Code of the Russian Federation for the following categories of workers, a collective agreement may establish annual additional leave without pay at a time convenient for them for up to 14 calendar days: - an employee who has two or more children under the age of 14 years; - an employee who has a disabled child under 18 years of age; - a single mother raising a child under 14 years of age; - a father raising a child under 14 years of age without a mother. However, transferring this leave to the next working year is not allowed. Procedure for granting leave
When granting leave based on an employee’s application, a corresponding order is issued, which will indicate that the employee is granted additional paid leave or leave without pay, and the number of calendar days of leave. The employee must be familiarized with this order against signature. Additional paid leave is subject to payment in accordance with Part 9 of Art. 136 Labor Code of the Russian Federation.

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