Is a woman entitled to leave after maternity leave - duration and calculation of leave pay using an example

Is leave allowed after maternity leave?

All employees employed under an employment contract are entitled to paid leave. Women who have returned from maternity leave are no exception. According to Art. 115 of the Labor Code, the maximum duration of leave is 28 days.

After six months of work for a particular employer, each employee is granted paid leave. By agreement with the employer, it is possible to go on vacation before the specified period.

Usually employees go on vacation according to the approved schedule . Its compliance is mandatory for both employees and the employer. But for a woman who is planning to go on maternity leave in the near future or has returned from it, leave can be granted outside the schedule.

Typically, maternity leave refers to the period a woman is on sick leave for pregnancy and childbirth, as well as on maternity leave for up to 3 years. At the same time, maternity leave is included in the period that is taken into account when calculating vacation pay, but parental leave for a child under 3 years of age is not.

In Art. 260 of the Labor Code states that after maternity leave a woman has the right to write an application for annual paid leave, but only if she did not use this right before taking sick leave for pregnancy and childbirth. The length of service in this organization does not affect the possibility of taking leave.

Taking into account the fact that a woman’s right to leave after maternity leave is enshrined in law, the employer does not have the right to refuse to grant a woman leave if she writes an application for leave. But in order for the requirement of the Labor Code to be complied with, it is necessary that the start day of annual leave fall on the day after the end of maternity leave.

If a woman has already worked after maternity leave or has issued a sick leave certificate, then Art. 260 of the Labor Code no longer applies. She will have to go on vacation strictly on schedule. The right to extraordinary leave under this article will be lost.

Thus, a woman is entitled to annual leave after maternity leave. But a woman has the right to use it only immediately after maternity leave.

Registration of leave after the expiration of time after leaving maternity leave

If a woman takes a vacation six months after leaving maternity leave, she must notify the employer of the planned rest time two weeks before it begins. Payment calculations are carried out according to a standard algorithm, however, the amount of income received will be taken into account for the time worked, and not for the previous period before going on maternity leave. The calculation of average daily earnings is determined as the quotient of the amount of income received and the number 6, determined by the number of months for which the profit was received, and the number 29.3, identifying the average value of days in a month.

Conditions for granting leave

Conditions for granting leave after maternity leave:

1. The employee must write a written application for leave addressed to the employer.
2. She did not use annual leave before maternity leave.
3. Taking annual leave is not a woman's responsibility.
4. The right to leave after maternity leave is granted not only to the mother of the child, but also to another person who was on maternity leave . In particular, guardians, adoptive parents, fathers.
5. If an employee used 28 days of vacation in advance and then quit, then the overpayment of vacation pay is deducted from the income accrued to her upon dismissal.

Online calculation of vacation pay

Special calculators on thematic sites are an excellent solution for those who do not want to keep all the necessary formulas in their heads along with exact indicators.
When using such programs, users are presented with a form where fields are filled out. In front of them is written exactly what data will be needed to resolve the issue. All that remains is to enter the numbers and then click on the continue button. The result is displayed after a few seconds. It often happens that after maternity leave, an employee submits a letter of resignation. There are various reasons for such a decision. If the reason is legal, then the woman needs to use the standard procedure, which involves filing an application to the manager.

Upon termination of a contract, employees are also entitled to compensation for vacation days that were not used. The reasons for leaving the enterprise, the wording in the work book does not matter, it is necessary to pay for all vacation days that were not used. This also applies to pregnant women or those who have just given birth. The application is also drawn up in cases where there is a need to take out another annual vacation after going on maternity leave. Employers do not have the right to refuse this request.

Procedure for provision

Leave after maternity leave is granted in the following order:

1. The employee writes a statement addressed to the employer.
2. The employer reviews it in due time and issues an order to provide annual paid leave.
3. The order is transmitted to the accounting department and vacation pay is calculated on its basis.
4. Vacation pay is paid three days before the start of the vacation.

An application for leave is submitted to the head of the enterprise and must contain information such as the employee’s position, her full name, the number of days of leave and its start date. It must refer to the provisions of Art. 260 Labor Code.

How is this time paid?

The next leave taken immediately after parental leave is paid in the same way as regular leave: based on average earnings for the last year. However, there are also features associated with calculating average earnings to determine the amount of vacation pay.

In a normal situation, when an employee uses accrued vacation days, the months prior to the start of the vacation are used to determine the amount of vacation pay. However, the woman, who had just finished her child care period, had no payroll for the previous year.

To determine the amount of average earnings in this case, one should be guided by Decree of the Government of the Russian Federation No. 922 of December 24, 2007. It determines the methods for calculating vacation pay when the employee did not have actual accruals in the billing period or excluded periods occurred during this time. One of them is maternity leave, during which wages are not accrued and the woman receives benefits.

As a general rule, in such cases, average earnings are determined based on the salary that the woman received during the year before going on maternity leave.

This salary is summed up, divided by 12 - this is the number of months in a year - and by 29.3 - this is the average number of days in each month. The resulting average daily earnings must be multiplied by the number of vacation days. This will be the amount of vacation pay.

Deadlines

After maternity leave, an employee can take all the days allotted to her, accumulated during the period before the start of sick leave. The period of maternity leave with a standard duration of 140 days also entitles you to days of annual leave.

But even if the employee has no unused vacation days, she is granted vacation with a duration of at least 28 calendar days.

Providing leave in advance is provided for in Art. 260 of the Labor Code, which states that vacation days do not depend on the employee’s length of service.

The number of vacation days a woman is entitled to is calculated as follows:

1. The number of unused days on the date before the start of maternity leave is determined.
2. The number of days an employee is on sick leave due to pregnancy is determined.
3. The results of the employee's vacation pay are summarized.
4. If the received value turns out to be less than 28 days, and the woman wants to rest for the entire period, then the vacation is provided in advance.

The days accumulated by an employee while on sick leave for pregnancy and childbirth are calculated as follows. For example, an employee was given standard sick leave for 140 days. This is 4 months and 20 days. According to the rules, 20 days is more than half a month, which means it is taken into account in the calculations. It turns out that the woman earned 5 months of vacation experience on maternity leave.

To determine the number of vacation days accumulated during maternity leave, you need to use the following formula: (5 months * 28) / 12 = 11.67 days.

To calculate the number of days a woman is entitled to for her work before maternity leave, you need to go through the following steps:

1. Determine the length of service that gives the right to rest as of the date that preceded maternity leave. This is the employee’s working time in full months, excluding absenteeism, sick leave, vacations of more than 14 days, and suspension from work.
2. The number of allotted vacation days is determined as : (experience * 28) / 12.
3. The number of vacation days used is excluded from the resulting value..

All that remains is to add up the allotted vacation days accumulated during periods of work and maternity leave.

If worked for less than a year

If an employee has been working in an organization for less than a year, then the estimated time of actual work from the date of employment to the end of the month preceding the month of going on vacation is taken as the calculated time.
If an employee gets a job and immediately goes on vacation in the same month, then the calculation is made for the days actually worked.

Examples:

1. Petrov has been working since 04/10/2019, rest starts from 12/08/2019. Estimated time – from 04/10/2019 to 11/30/2020.
2. Ivanov has been working since 09/02/2019, his rest was provided in advance from 09/25/2019. Estimated time is from 09/02/2019 to 09/24/2019.

What doesn't turn on?

There are periods that are not included in the calculation period - they are listed in clause 5 of Regulation No. 922. In this case, both the days that fell on these events and the income received during this time are excluded from the calculation.

The following are not included in the calculation of vacation pay:

• all events when the employee received average earnings (business trips, paid vacations, child care under 3 years old, etc.) - how vacation and business trips are affected;
• sick time on sick leave - how it affects;
• downtime due to the fault of the organization or reasons beyond the control of the parties;
• time off work provided in connection with caring for disabled people;
• release from work in accordance with the legislation of the Russian Federation;
• lack of work activity due to strikes at the enterprise, while the employee himself may not participate in the strike.

Any of these periods makes the month not fully worked.

If for a regular full month, 29.3 days are taken into account for vacation pay (the average monthly number of calendar days for the year), then for incomplete months, the calculation of days worked must be carried out separately.

To calculate how many days to take for partial months, you need to do the following:

• Step 1. Calculate how many calendar days fell in the excluded period.
• Step 2. The resulting number must be subtracted from the total calendar number of days of the month.
• Step 3. The resulting number of days worked must be multiplied by 29.3 and divided by the total number of calendar days.

Example

Initial data:

Popova goes on another vacation from March 18, 2021. Monthly salary 33,000.

In June 2021 I was on a business trip for 4 days, salary in June = 30,000.

In October 2021 I was on annual leave for 14 days, salary in October = 17,000.

In January 2021 I was on sick leave for 10 days, salary in January = 22,000.

Calculation:

Estimated time: from 03/01/2019 to 02/29/2020.

Full months – 9, incomplete – 3.

Worked out in June = 26 * 29.3 / 30 = 25.39.

Worked out in October = 17 * 29.3 / 31 = 16.07.

Worked out in January = 21 * 29.3 /31 = 19.85.

Vacation pay = (33,000 * 9 + 30,000 + 17,000 + 22,000) / (9 * 29.3 + 25.39 + 16.07 + 19.85) * 14 = 15,765.67.

Vacation pay calculation

Vacation pay after the end of maternity leave is calculated as usual. To do this you need to use the following calculation:

income received over the last 12 months / (12 * 29.3) * number of vacation days.

When an employee goes on vacation immediately after maternity leave, a situation arises that the employee has no income that could be taken into account when calculating vacation pay. The algorithm of actions in this case is based on clause 6 of the Decree of the Government of the Russian Federation of 2007 No. 922 of 2021.

If there is no earnings or days worked by the employee in the billing period, or if it consisted entirely of excluded time, then the billing period is taken to be the earlier period that preceded the maternity leave.

From the specified previous period it is also necessary to remove periods of sick leave, vacation, business trip, and periods of suspension from work. For the months when these events were noted, the number of days is not counted as 29.3, but is determined by the formula:

(days worked / total days) * 29.3.

Thus, immediately after the end of maternity leave, a woman is entitled to annual paid leave. It is provided in the number of unused days, taking into account days on sick leave for pregnancy and childbirth. If a woman’s work experience is insufficient, she is still granted leave in the minimum guaranteed amount of 28 days. The employer, on the basis of Art. 260 of the Labor Code cannot refuse to grant an employee leave at her request. However, he cannot force a woman to take leave.

When calculating vacation pay, a woman’s income for the year before going on maternity leave is taken into account. If she does not want to take a vacation, she can go back to work and continue her work as usual.

Results

You can count on the benefits and privileges in the vacation sector provided for by law only if the employee is officially employed. If she did not work under an employment contract before going on maternity leave, then the general procedure for providing rest time will apply to her. Calculation of vacation pay after leaving maternity leave is based on data on income received before the event. Child care time is not taken into account. The procedure for carrying out calculations is similar to the regulations of the standard procedure.

Nuances

An application for leave (paid, annual) is submitted to the head of the enterprise. The application contains the following information:

• employee position;
• Full Name;
• number of vacation days;
• the number from which vacation days will be calculated.

In the application, the employee should not indicate the date of her return from leave. This date is calculated by the personnel department staff. The date of release of their leave is stated in the order signed by the director of the enterprise or organization. Vacation funds are calculated based on the average salary received over 12 months. This concept includes every month with numbers from 1 to 30 or 31. In February - on the 28th. If a woman has worked at an enterprise for less than one year, the period during which she actually worked is taken into account.

Vacation not used by the employee before maternity leave is reimbursed in kind or in money. As for vacation compensation in cash equivalent, this means that vacation pay for days not taken off is added to the amount of vacation money due to the employee after maternity leave.

Vacation duration is 28 days. The leave can be divided into 2 parts if the employee wishes to do so. Partial leave cannot be less than 14 days.

IMPORTANT: A woman has the right to go on legal, paid, annual leave at any time convenient for her.

Vacation payments are made within three days. This happens after signing the vacation order. All delays are a violation of applicable legal regulations. Vacation pay after maternity leave is calculated on a general basis. The basis is the average salary for the last year that the woman worked. Maternity leave and payments for this type of leave will not be included in the number of working days (paid by the employer). The days actually worked by the employee are taken into account. The duration of work based on experience will not matter.

If a woman took time off and used her leave before maternity leave, the right to annual leave with payments for it is lost. A woman’s right to vacation remains only if her vacation was not taken before her maternity leave. The calculation of vacation money includes the salary actually received by the employee. But the amount of vacation money is not affected by the amount of maternity leave, as well as the size of the salary for her position during the period of leaving maternity leave and going on paid leave. In any case, only official wages are taken into account, on which taxes are levied on the state treasury.

If the wife did not take leave before maternity leave, she can take it immediately after leaving maternity leave. The calculation of vacation money will include the period when the woman actually worked and received wages. It does not matter in which billing period this happened: in the present or in the past.

Calculator for calculating the new vacation period after maternity leave

Add to 01/24/2014 and get the date 05/02/2012. The period will be 06/21/2010-05/02/2012. During these years, the employee was on vacation 3+7. Total 10 days. There are 18 days left (if there are 28 days on vacation) The next period will be 05/03/2012-05/02/2013. I took 5 days off. 23 days left.05/03/2013-05/02/2014. Worked 02 months. 06 days (incl. holiday for the BiR). 9 months are missing. 24 days We add to the release date (10/28/2014) = 08/22/2015 and we get another period 05/03/2013-08/22/2015. The next period is 08/23/2015-08/22/2016. Now let’s see how many vacation days should be 18+23+28. I wrote down the periods. You will succeed. I want to draw the moderator's attention to this message because: A notification is being sent... Irina [e-mail hidden] Russia, Voronezh #12[449206] November 29, 2014, 10:55 pm Rina wrote: Colleagues, I ask for help.

Annual paid leave All officially employed citizens have the right to take paid leave once a year. The duration of rest is 28 days (longer if the employee is engaged in hazardous work, or if management allows longer rest), for teachers - about 2.5 months due to student holidays. The law allows you to divide the vacation period into 2 parts and take them off at different times of the year, then you will not have to work 12 months. I want to draw the moderator’s attention to this message because: A notification is being sent... Ankhen I don’t know how to calculate the vacation period. (I generally think it’s very bad, unfortunately!). OTPUZARDO 1.5 years: from 06.24.2011 to 10.24.2012 = 469 days? OTPUZARDO 3 years: from 10.24.2012 to 10.16.2014 but Termination of OTPUZARDO 3 years (exit to work): 06/17/2013 means that you need to count from 10/24/2012 to 06/17/2013 = 232 days? And how to add them to the work period? does this need to be counted directly by day on the calendar? The period of work before the maternity leave was from 12/22/2009 to 12/21/2010 I want to draw the moderator’s attention to this message, because: A notification is being sent...

How to write a statement

The application does not have a strictly regulated form; its text must reflect:

• FULL NAME. and the position of the addressee - the head of the organization;
• Full name, position, personnel number of the applicant;
• intention to receive annual paid leave immediately after CLEAR;
• how many days of vacation are due after maternity leave;
• date and signature.

The application should be submitted in advance - a few days before the end of OPUH.

Free legal assistance

Having shifted the period by 1 year, 5 months, 15 days, I got: a composite working year from 09/23/2014-03/08/2016, a new working period from 03/09/2016-03/08/2020, am I right? Answer Answer to the question: The working year is a legal concept intended for the legal regulation of labor and some social leaves of employees who are in an employment relationship. A working year is a period of time equal in duration to 12 months, but starting for each employee not from January 1, but from the day of hiring for a given employer. Each subsequent working year is calculated from the date of expiration of the previous one, and not from the end of the next vacation (for example, for an employee hired by the company on February 1, 2011, the first working year expires on January 31, 2012, the second begins on February 1, 2012 and ends January 31, 2013).

At the end of maternity leave, the young mother must begin working duties. But circumstances may be such that she cannot “escape” to work. Can I take vacation after maternity leave? How will the calculations be carried out in this case? The essence of the issue According to the law, an employee who has returned from maternity leave can take days of unused rest. According to Art. 260 of the Labor Code of the Russian Federation, work days off are provided before or after a woman goes on sick leave due to pregnancy. Vacation can also be taken for the next working year if: