Exit from parental leave for a child up to 1.5 and up to 3 years: how to arrange an early return to work on a part-time and full-time basis

Is it possible to leave maternity leave earlier?

An expectant mother can apply for maternity leave in two different ways.
The phrase “maternity leave” is an everyday expression that is not in the law. It characterizes the period of a woman’s legal stay at home, during the period of waiting for a child, birth and until he reaches a certain age.

The legislation, in this case, operates with two concepts:

Maternity leave (hereinafter referred to as Maternity leave)
Parental leave (hereinafter referred to as UZR)

The first option, in most cases, is provided at the thirtieth week of pregnancy and its duration, in a normal situation, is 140 days. Their number may be affected by complicated childbirth or multiple pregnancies. But its maximum duration should not be more than 210 days.

Immediately after the obstetrician-gynecologist of the consultation in which you are being observed issues you a certificate of incapacity for work, you can begin to apply for leave under the BiR.
Immediately after the certificate of incapacity for work expires, UzR leave begins, which involves caring for the baby until he reaches three years of age.

Regardless of which vacation you are on, if necessary, you can return to your work position at any time by notifying your employer and sending a corresponding application to his name, indicating the date of release.

But, when planning to return to your position from maternity leave, you need to take into account some points.

Nuances of interrupting vacation under the BiR

It is prohibited by law to interrupt an employee’s vacation at the request of the employer, but if this is the employee’s desire, it must be satisfied.

Practice shows that an employee can only interrupt this leave untimely only after first obtaining the employer’s consent. This point does not contradict the Labor Code in any way, and in most organizations it is regulated by local regulatory documents.

When interrupting vacation early, both the employer and the employee will need to take into account the following: the amount of benefits paid must be recalculated based on the number of working days in relation to vacation days and returned to the social insurance fund.

Nuances of interrupting vacation in Uzbekistan

Any family member who has taken out this leave can take care of the baby.

Whichever member of your family is in it, he has the right to interrupt it at any time and return to work with his preferred schedule. If after some time the decision changes, you can return to maternity leave again. The only thing that is required of you each time you leave it is to write applications addressed to the employer about returning to work.

The legislation allows the use of UzR leave by dividing it into parts. Moreover, several people can take turns caring for a child while on vacation, receiving appropriate payments.

Consequences of leaving early

When leaving it in advance, you need to consider the following points:

an employee who has returned to a full shift from leave under UzR does not have the right to receive appropriate payments, but the one who will look after the child can register them in his own name;
working on a reduced schedule and working from home provides for the retention of benefits for the employee with additional payment for working hours;
If you return from vacation untimely, it may be necessary to discuss the issue of who will have to reimburse part of the transferred benefits and in what order.

Payment of wages and required benefits at the same time is prohibited, even with a part-time work schedule.

Features of interrupting maternity leave

According to the Labor Code of the Russian Federation, an employer cannot require a woman to leave her small child early and return to her position. He can only propose, but she will decide for herself. During maternity leave, another person can take her place, but as soon as the vacation period ends, the woman is obliged to leave or resign of her own free will.

In case of early exit it is permissible:

work a full shift;
go out “for hours” or stay at remote work if the functions performed allow it.

In the first case, the employer pays a full salary according to the tariff rate or contract, but the woman loses the right to receive benefits for up to 1.5 years per child from the Social Insurance Fund. This must be taken into account, since the desire to improve the financial situation of the family cannot always be justified.

When returning to part-time work, the young mother retains benefits from the Social Insurance Fund and receives a partial salary, according to the time worked. This is a more acceptable option, allowing you to replenish your wallet, spend time with your child, and gradually recover after childbirth.

How to exit early

Exiting early includes the following steps:

Drawing up an application

It indicates the date of entry into the work schedule, as well as the planned operating mode.

Issuance by the employer of the relevant order

When issuing an order, it is necessary to take into account that it must indicate the employer’s consent to the employee’s early departure, the date of entry into the work position, and an indication of the termination of benefit payments with subsequent payment of wages.

Familiarization and signing of the order by the employee

Algorithm for registering for service

The Labor Code of the Russian Federation states the right of a citizen to return to work. At the same time, the regulations do not indicate the time frame for notifying management of such a desire. Therefore, in theory, the procedure looks like this:

The worker writes a statement, indicating the date of her return to service. The document can be submitted the day before. But this will cause certain difficulties.
The administration carries out the following activities:
for the provision of other, part-time work;
upon termination of legal payments (if necessary): up to one and a half years;
compensation up to three years.

Advice: time will help you avoid natural conflict with the administration. It is advisable to inform management of your desire to return to work at least a week before the expected date.

What to write in the application

The basis for granting a previously abandoned position is the employee’s application. There is no separate form for it in the by-laws.
This means you can compose the paper at your own discretion. It is subject to the general rules for writing personnel applications. Namely:

The address is indicated in the header:
full surname, initials;
applicant details (full name);
The name of the paper is written in the middle: “Statement”;
The text indicates (the fields should be left):
expected release date;
type of leave previously received;
desired mode of work;
request to stop payments (if necessary);
Signature and date.

Advice: you need to ask the personnel officer if the company can arrange part-time work or work from home.

Personnel events

The employee’s application is submitted to the manager for signature.
This is a formality. No one can prevent a return to work. This is considered a gross violation of current legislation. The manager signs his visa and sends the application to the personnel department. Hint: if the boss resists, the HR manager must explain the regulatory requirements to him. The question is relevant for individual entrepreneurs who use hired labor. Based on the woman’s application, a personnel order is drawn up. It must indicate the following provisions:

Consent to interrupt a specific type of vacation;
The position to which the employee will return;
Date:
first working day;
Operating mode;
Payment amount;
Instructing the accountant to terminate previously assigned payments (if necessary).

Attention: the order must be presented to the employee against her signature.
Note: an order that does not have:

signature of the manager;
registration details:
serial number.

Dismissal of a temporary employee

The return of a woman to service leads to consequences for other workers. Thus, the person occupying her place should be relieved of duties. This is also formalized by personnel order:

An employee can be fired because he was hired temporarily. The basis is an order to reinstate the former worker.
A temporary employee may be offered another position, if available. Moreover, he should be employed based on the current situation:
again temporarily.

Hint: in the work book of a temporary employee, Part 2 of Article 77 of the Labor Code is indicated. It describes the termination of the employment relationship due to the expiration of the contract.

Some features of personnel records management

A woman can ask to be employed part-time or to be provided with home work. This is only possible if the company’s staffing table includes such positions. If they are absent, there are two options:

Refuse to provide the applicant with a different work schedule. At the same time, you should offer her her previous job.
Make changes to the staffing table. This can be done if the director wants to accommodate the employee.

Important: the absence of positions with special conditions in the structure of the enterprise cannot be a reason for the dismissal of a maternity leaver.
If the employee is provided with a special working regime, then it is necessary to draw up an addition to her employment contract. The woman is required to sign the document. It, along with the order, is filed in a personal file. And in the T-2 form, records are made about the changes that have occurred.

Features of early exit from maternity leave up to 3 years

Mom can return to work if the child is under 3 years old

If the baby’s mother decides to go to work without waiting for him to reach the permissible age, someone else may well take care of him: dad, aunt, grandfather, sister, etc. They do not have to be relatives of the child and live together .

Interruption of official leave is possible in any case, regardless of who issued it.

Work restrictions for persons returning from maternity leave early

According to the vacationer, she can work at home or in an organization, but with a limited work schedule. A part-time shift schedule may include the following types:

daily reduction of hours;
maintaining the number of hours while reducing working days;
reduction of a certain number of hours while simultaneously reducing working days.

From the options provided, you can choose the most suitable one for yourself, regardless of your place of work and position.

In addition, women with children under three years of age cannot work on a rotational basis, and nursing mothers cannot be involved in the following types of work activities:

using disinfectants, detergents and sterilants;
with gasoline, methyl and any types of dangerous goods;
heavy physical work associated with increased danger;
with asphalt concrete mixtures containing surfactants and activators;
with paints and varnishes;
organization of maintenance of locomotives and rolling stock.

conclusions

The law does not prohibit early return to work from maternity leave. If financial obligations are settled with the social insurance fund, returning to work duties ahead of schedule is quite possible.

Moreover, in the event of termination of maternity leave , it is necessary to obtain the approval of management, since the Labor Code of the Russian Federation does not contain a direct obligation of the employer to agree with such a desire of the employee.

As for the period of child care , the employer has no right to refuse. The desire to interrupt maternity leave ahead of schedule must be satisfied upon request.

Is an employee who works during maternity leave entitled to annual leave?

A working woman during the period of leave under the UzR can write an application for the provision of annual leave entitled to her by law. This does not contradict the law, and, with the consent of the employer, it can be formalized in the following ways:

The employee interrupts her UzR leave and goes on annual leave, at the end of which she can return to UzR leave again.
An employee stops working part-time during maternity leave.

Thus, the employee will continue to receive benefits, and she will be given the opportunity to take annual leave after leaving maternity leave.

Timing of return to work after maternity period

The employee is given 140 days, after which she can be on UzR leave for another three years. The employee must return to her previously held position immediately after the child turns 3 years old. This can be done on any day, having previously notified the employer of your decision.

Features of the work routine of working mothers

Women with children under one and a half years old.

Women who have just become mothers are provided with special working conditions

They can exercise the right to breaks during working hours to feed the child. The duration of such breaks should not be more than half an hour if there is one child, and one hour if there are two children. These breaks can be used regardless of the type of feeding. When calculating wages, feeding time is included in the payroll period.

When applying for a job, women in this category are not tested.

Women with children under three years of age:

The right to refuse to work at night. Despite this, they can be involved in work on rest days, as well as on business trips.