Compensation for unused vacation when going on maternity leave in 2021

Unused leave before maternity leave will help a young mother increase the time she spends at home or in preparation for childbirth in a hospital; its days can be added to the general leave and extended by periods determined for the category of workers or employees to which the woman belongs.

Sometimes the question is posed in another way: can a woman not take this time off, but receive compensation for unused days, or is this option only possible upon termination of the employment contract?

Legislation

The relationship between employer and employee is regulated by the Labor Code. According to Art. 115 of the Labor Code of the Russian Federation, the employee is entitled to 28 calendar days of vacation, which is paid by the organization. To do this, you need to work for at least six months.

Pregnant women belong to the category of citizens to whom the state and the management of the enterprise provide favorable conditions. In particular, annual leave can be taken out regardless of how long the employee has worked for the company.

Even if she was accepted a month ago, she can apply for leave in the coming days. This right is regulated by Art.

260 Labor Code of the Russian Federation.

Articles on the topic (click to view)

Fine for late payment of vacation pay
What to do with unused vacation
What to do if your employer does not pay vacation pay
How long after employment is vacation allowed?
Is maternity leave taken into account when calculating pensions?
Accounting for compensation for unused vacation
Dismissal while on maternity leave

Leave is granted to a pregnant woman at any time convenient for her: it can be before the maternity period or after. Compensation for unused annual leave is fully provided only in one case: if the employee leaves the organization immediately after the maternity period.

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Is refusal possible?

As a rule, a pregnant woman can take a vacation period at any time convenient for her, be it before going on maternity leave or after. The employer has the right to refuse only in one case: if during the current year the employee has already used her right to annual paid leave.

○ Step-by-step instructions: How to take leave before maternity leave?

In order to apply for annual paid leave before going on maternity leave, I can recommend the following sequence of actions.

Decide for yourself what duration of vacation you want, taking into account the specifics of providing vacation in advance.
Try to agree with the head of the organization or immediate superior the duration of your vacation and its start date. Keep in mind that the manager also needs to redistribute the workload among employees and transfer your powers to another employee. If the manager protests against your decision to take leave, remind him of the contents of Article 260 of the Labor Code of the Russian Federation and mention your right to contact the State Labor Inspectorate in the event of the employer’s failure to comply with the guarantees of labor legislation.
Write a leave application in accordance with the rules in force in the organization. Let me remind you that it is advisable to write an application at least 14 days before the start date of your vacation.
Receive orders for vacation and vacation pay.

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Compensation for unused leave before maternity leave

The only possible way to receive compensation for unused vacation is dismissal after leaving maternity leave. In this case, the employer does not have the right to refuse payment to the employee and will require two applications from her: directly for maternity leave with subsequent dismissal and for payment of compensation for the unspent rest period. 3 days before dismissal, the woman will receive financial compensation.

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Is it possible to

According to the law, it is not the employer’s responsibility to compensate employees for unused vacation, which also applies to pregnant women. This leaves two options for receiving a cash payment:

Agree with the employer on these payments, however, any decision made by the head of the enterprise cannot be challenged due to the fact that compensation in this case is his right;
Leave work after maternity leave.

In the event of subsequent dismissal, the woman receives the following series of monetary payments:

Salary for the period worked;
Compensation for unspent vacation period;
Weekend benefits, if applicable.

The necessary conditions

In order to receive compensation for unused vacation, certain conditions must be met, each of which has its own restrictions and requirements. Let's highlight two main ones:

The employee submits an application for maternity leave, simultaneously informing the employer that after this leave she will quit. Then the woman has the right to apply for compensation for unused vacation. In this case, the employer has no right to refuse;
The employee submits an application for maternity leave, and also asks the head of the organization to compensate for unused leave, without claiming that after the maternity leave she will leave her workplace. In this case, the employer decides for himself whether to make payments or not - this obligation is not regulated by law.

Payment amount

Three days before dismissal, the employee must be paid compensation for all unused vacation periods, including additional time for certain categories of citizens.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

To calculate compensation for an unused vacation period, the accountant must calculate two important points: the number of days of unused annual leave, the average daily income.

The average daily income level is calculated using the following formula:

OT annual/12/29.3, where:

OT annual is the salary for 12 months;
12 - number of months in a year;
29.3 is the coefficient for calculating the average monthly number of days in the calendar, regulated by law (Article 139 of the Labor Code of the Russian Federation).

Salary does not include all payments received by an employee. Thus, the following funds are not taken into account:

Performing job duties while maintaining salary (business trip);
Compensation for sick leave.

If a pregnant woman has accumulated unused vacation days over several years, they are added up.

This is important to know: Long leave of teaching staff up to 1 year

For the final calculation of compensation, it is necessary to calculate using the following formula:

Average salary per day * total number of unused vacation days.

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Registration procedure

Before going on maternity leave, every employed woman must complete the following algorithm of actions:

Register for pregnancy at the antenatal clinic, which is located at the woman’s place of residence;
Receive an appropriate sick leave certificate based on an examination conducted by a specialist;
Presentation of the received sick leave certificate to the employer himself, and subsequently transfer to the accounting department for calculating maternity leave benefits;
Completing and submitting an application requesting maternity leave, as well as the compensation required in this case;
At the same time, submitting an application for unused vacation.

In the last paragraph, the employer cannot refuse, since this is contrary to the law. It is the employer's responsibility to provide unused vacation days in addition to maternity leave.

Advice! If an employee wants to quit immediately after taking maternity leave, then she also submits an application for compensation for the unused rest period.

The application must indicate:

Days of unused vacation period;
End of maternity leave (1.5 or 3 years).

Thus, unused leave for a pregnant woman before going on maternity leave can only be compensated in one case: if she submits a letter of resignation immediately after the maternity period. In other cases, no payments are due unless the employer himself decides to make such payments.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

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. Length of work experience will not matter

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.

Registration procedure

Previously, options have already been considered in which employees may be provided with compensation for unused vacation. Existing restrictions were also mentioned earlier. As for the algorithm for registering the right to cash payments, it is quite simple:

an application is submitted to the manager in which the employee reports his intention to resign after the end of the statutory period of child care;
the employer formalizes the employee’s request in the form of an order;
the employee is paid the required amount to the salary account (or through the cash register), taking into account compensation, vacation pay and other amounts.

If the employee does not express a desire to leave the organization, a standard petition is submitted before the decree indicating:

the beginning and end of the rest period;
personal and professional data of the applicant;
grounds for granting a break.

The application for maternity leave is written later. If a compromise is reached and the employer agrees to pay compensation for unused vacation without actually dismissing the employee, the list of papers to be filled out is determined on an individual basis.

Before submitting documents, the employee should confirm the status and rights of the pregnant woman, this will prevent infringement of her rights.

Before filing a maternity leave and demanding compensation, you must complete the following steps:

Register at a medical institution (antenatal clinic), having received a referral for examination.
Receive official confirmation of pregnancy in the form of a sick leave certificate.
Provide medical documentation to the accounting department at the place of work.

Experts recommend filing unused vacation and maternity leave with one application, extending the rest period by the number of unused days. In this case, the employer will not be able to refuse to provide legal rights to rest, and the increased amount of break pay will serve as compensation.

Recommendation! If the employee intends to terminate the employment contract before maternity leave, the application for compensation for unused days must indicate:

the working period for which rest is due;
duration of the child care period.

If the data is not clarified by the employee before submitting the papers, the employer may use the minimum values. The management of the organization also has the right to refuse to prepare documents if they contain errors, inaccuracies, etc. To avoid additional waste of time, it is recommended to check the accuracy of the paperwork.

Work experience and benefit calculation

If a woman did not use her leave when going on maternity leave, she has the right to receive compensation.

When calculating, the accountant calculates the average salary for 1 day. To do this, take the sum of all earnings for 24 months and divide by 29.3. This is the annual average number of working days in a month. If an employee has changed jobs over the past two years, then he needs to provide the accounting department with a certificate of his income issued by the accounting department of the previous employer. The current calendar period is not taken into account for calculating vacation pay.

The time a woman spends in UzR is included in the total length of service

But here it is important to distinguish between the concepts of experience. In Russia there is a strict classification of vehicles

Classification of work experience

The period during which the employee officially worked and received wages from which personal income tax was withheld is considered continuous.

It does not matter whether there was a change of employers during this period. The length of such service does not affect the size of the pension, but is only the basis for receiving it

Special is one that is assigned depending on working conditions. There is a special classification of jobs that determines the level of danger of work. Employees with such length of service are entitled to a grace period for retirement.

When it comes to retirement, many women wonder whether the period during pregnancy, childbirth and child care was taken into account in the total TS.

Work experience determines whether a person will receive payments after retirement

Amount and procedure of payments

Money compensating for unused regular vacation is paid no later than three days before the day of actual termination of the contract. If a resignation letter is submitted before maternity leave, compensation and other payments are made immediately.

The amount due is calculated by an accountant according to a standard scheme. When calculating the amount of compensation, the accountant must take into account the following:

duration of unused vacation;
average daily salary;
number of days worked since the last break.

To determine the average daily salary, a simple formula is used: GZP/12/29.3, where:

GZP – salary for 12 months;
12 – total value of working months in a year;
29.3 – average monthly calculation coefficient (Article 139 of the Labor Code).

After identifying the final value of the daily salary, to calculate the amount of compensation, it is multiplied by the actual number of days of unused vacation.

The right to paid leave under the Labor Code of the Russian Federation

There are cases when ignorance of the current legislation of the country ends in conflict. To prevent this kind of problem, you should first turn to the relevant acts and laws.

You can learn more about your vacation rights in Part 3 of the Labor Code of the Russian Federation in the corresponding section. During this period, the employee is relieved of all his work responsibilities. Their resumption may be associated with non-standard production issues, but with the consent of the subordinate.

During the period of paid leave, all responsibilities are removed from the employee, but the job is retained

Ladies in position need to know the main points of the Labor Code in order to receive legal leave:

Article 114 – the employee is entitled to leave once every 365 days. Sometimes - 2 times a year (if you are in an unfavorable environment).
Article 115 – duration of the vacation period.
Article 116 – an enterprise has the right to set dates for additional rest if this is reflected in the law.
Article 122 regulates the possibility of receiving additional days for rest.
Article 125 – division of legal rest into several periods.

Articles 114, 115 of the Labor Code of the Russian Federation

These are the main points of the Labor Code that pregnant girls should follow. It will be useful to study Chapter 41 of the Labor Code of the Russian Federation, which describes guarantees for employees in this category.

How to calculate compensation if a maternity leaver quits? All the intricacies of dismissing an employee

While on maternity leave, a woman often decides to quit her job in order to spend more time with her family or find another job with a more convenient schedule and attractive working conditions. Busy with caring for a newborn child, an employee may not be very attentive, even negligent, regarding legal payments, which an unscrupulous employer takes advantage of in some cases. In this article we will analyze in detail what payments are due to a maternity leave worker upon dismissal, and the procedure for calculating them.

This is important to know: Application for part-time leave: sample 2021

Briefly about annual vacation

Everyone who works under an employment contract is entitled to annual leave. Its duration is 28 days per calendar year, but for some categories of workers the law establishes special benefits:

minors – 31 days;
teachers and heads of relevant institutions - from 42 to 56;
military contractors – from 30 to 45;
for rescuers - from 30 to 40, etc.

In order to obtain the right to the first paid vacation, an employee must work for at least six months after employment (with the exception of some specially protected categories of workers), and then vacations are assigned according to the approved schedule. In order to receive vacation days or money for them upon dismissal, an employee must have a certain length of service in the organization.

What is an employee entitled to if she quits while on maternity leave?

After preparing the necessary package of documents, in the event of termination of the employment relationship, the question arises of full settlement and payment of funds provided by law. Like every employee upon dismissal, a maternity leaver has the right to receive compensation payments, which include:

Wages for the period of time that the maternity leaver actually worked, if there was a working period upon her dismissal.
Compensation in the form of vacation payments, vacation that the maternity leave did not take advantage of.
Severance pay.
In the event of liquidation of an organization, benefits are provided upon registration with the employment service.
If stipulated in the collective agreement - additional compensation payments.

As a rule, this happens if the employer goes to court, which in its decision will determine the legality of the claims and the procedure for payment if the claims are satisfied (for example, a person showed up at work in a state of intoxication and rendered the employer’s expensive equipment unusable).

Of course, in such cases, you should not count on additional payments, even those provided by this organization.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The reasons and procedure for dismissal during maternity leave are given here, and the rules and procedure for dismissal during parental leave up to 3 years and after it are described here.

Vacation in advance

Such rest is possible only with the consent of the employer. In fact, it is impossible to receive extraordinary paid leave for pregnant women before maternity leave in advance for the next year. This is associated with the following features:

payment of vacation pay. They are accrued for the current year;
in a situation of subsequent dismissal, the enterprise can recover only 20% of the last salary (Article 137 of the Labor Code of the Russian Federation). Another circumstance is the required break from work for pregnancy and childbirth, as well as child care (Article 255 of the Labor Code of the Russian Federation). In total, an employee can remain in her job for about three years. Moreover, the employer is obliged to guarantee her the opportunity to take up the position after the completion of this period.

Part of the annual paid vacation that exceeds 28 calendar days, upon the employee’s written request, can be replaced by compensation in the form of cash for unspent vacation before maternity leave.

There are 3 main ways in which you can dispose of unused vacation days:

before the start of sick leave issued under the BiR;
after completion of maternity leave, that is, leave to care for a child up to 1.5 or up to 3 years (Article 256 of the Labor Code of the Russian Federation);
take partially available vacation days before going on maternity leave and the rest of the period after.

The beneficial advantages of taking leave before maternity leave are as follows:

do not waste your vacation period;
vacation pay is calculated based on wages for the last 12 months, which is much more profitable than taking paid leave after 3 years;
time for child care is not reduced by the number of days off taken;
part of the benefit is not lost, but this would have happened if the vacation was taken out after the birth of the child, since funds are not accrued.

What to do if you have not received compensation?

It is necessary to understand that receiving payments upon dismissal are guarantees provided by law, and their non-compliance can be appealed. The employee can appeal to the state labor inspectorate or to court.

For failure to pay guaranteed amounts to an employee, the employer is subject to administrative liability in the form of a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and in some cases, criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation in the form of deprivation of liberty and the right to hold certain positions.

Parental leave for children from one and a half years

Now women write standard statements, in one copy. They describe only one type of rest associated with caring for a child - until the baby reaches three years of age. If the rest is interrupted at the woman’s own request, then she can choose which mode of work to use – full or part-time.

Employers cannot refuse to provide paid leave every year. It doesn’t matter which option for further cooperation the mother herself chose.

If the full-time option is chosen, then you have the right to return to maternity leave at any time before the child reaches three years of age. Using part-time work deprives such rights.

A woman is fully included in the staff if she takes regular leave, but refuses legal maternity leave. In this regard, in terms of rights and responsibilities, she is no different from subordinates of another category.

Experts advise taking annual leave not immediately after maternity leave, but after a short period of work. It’s worth waiting at least two to three months. After all, changes could have occurred during the previous rest. For example, salaries have increased. This will have a positive impact on decisions made in the future.

Any woman has the right to take paid annual leave immediately after leaving maternity leave. The duration of rest must be at least 28 days, even when there is practically no work experience.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Managers are deprived of the right to refuse such applications and insist that the expectant mother exercise her rights. The main thing is to draw up a statement in the appropriate form before making a decision.

Vacation pay must be accrued for each day in this period. Otherwise, management violates the requirements established by law.

When and how to apply for maternity leave, watch this video:

Form for receiving a question, write yours

Women planning to go on maternity leave often wonder whether they will receive additional days during this period or not. The answer to the question is ambiguous and requires studying some concepts and the topic as a whole.

How is the amount of benefits calculated for those who quit immediately after maternity leave?

A situation is possible when an employee quits immediately after the end of her maternity leave without going back to work. In order to calculate the payment amount, you need to know the size of the average salary and average daily earnings, and the calculations are made as follows:

The size of her average salary is taken into account, taking into account the total amount accrued over the last year.
The average daily earnings are calculated: the total amount of payments is divided by 12 and the result is divided by 29.3.
Taking into account the duration of vacation in days and the cost of a working day, the amount of vacation payments is determined.

Despite concerns, it is necessary to clearly know and use the opportunity to receive legally guaranteed payments. If the right to receive them is violated, it is definitely worth appealing this fact, because the law strongly protects a woman on maternity leave, including from an unscrupulous employer.

We hope that this article will help you exercise your legal rights and not worry about bureaucratic issues.

General information about maternity leave

Starting from the thirtieth week of pregnancy, a woman is on maternity leave (in colloquial speech they often say “on maternity leave”). Its start date is calculated by the doctor at the antenatal clinic where the woman is being observed, and by this time she is issued a sick leave certificate.

It looks exactly the same as a certificate of incapacity for work due to illness, but, of course, it is filled out differently. If the pregnancy is not multiple and not complicated, sick leave is issued for 140 days - seventy days before the expected birth and seventy days after.

After this period, the next one, called parental leave, automatically begins. It lasts until the child is one and a half years old.

Considering that, according to the legislation of our country, child benefits are paid only up to one and a half years, but the insurance period is accrued for the entire period that a woman is on maternity leave. So, if desired, a woman can extend her leave until the child’s third birthday. At the same time, the employer is obliged to retain her position and workplace.

My employee has been working for less than six months; when she was hired, she hid her condition. She is soon going on maternity leave and demands to be given leave. Am I obligated to do this?

Indeed, according to the law, an employee has the right to annual paid leave only after working for six months. But pregnant women are an exception to this rule - they can request leave earlier than six months, and you, as an employer, are obliged to provide it.

You also do not have the official right to refuse to hire a woman in position - she was not obliged to inform you. Your reaction is easy to understand, but take this fact for granted and do everything so that the woman can calmly go on maternity leave, even if you feel deceived in some way.

Is it possible to receive compensation for leave during maternity leave?

“I'm going to go on maternity leave. In this case, the next vacation will be unused. Can I get compensation for it? And if so, how should you proceed? What documents should I provide? Elena Evgenievna"

— In accordance with the provisions of Article 260 of the Labor Code of the Russian Federation (LC RF), which provides guarantees for women in connection with pregnancy and childbirth when establishing the order of annual paid leave, before maternity leave or immediately after it, or at the end of maternity leave As a child, a woman is granted annual paid leave at her request, regardless of her length of service with a given employer. Thus, the above article provides for the possibility of using the next leave ahead of schedule, adding it before or after maternity leave, or even at the end of parental leave, regardless of the length of service in this organization. Moreover, if a woman has unused leave for the past year, then, upon her application, both the leave for the current year and the unused leave for the previous year must be added to the maternity leave.

— That is, a woman has the right to another vacation in any case?

— Regardless of whether the right to annual basic paid leave has arisen or whether this right arises while a woman is on maternity leave, the woman has the right to use annual basic paid leave ahead of schedule.

If maternity leave coincides with a woman’s annual leave, then annual leave must be granted upon her application

at the end of maternity leave or postponed to another period specified by her.

— Is it possible to receive monetary compensation for vacation?

— According to the provisions of Article 126 of the Labor Code of the Russian Federation, which regulates the procedure for replacing annual paid leave with monetary compensation, it is not allowed to replace annual basic paid leave and annual additional paid leave for pregnant women with monetary compensation (with the exception of payment of monetary compensation for unused leave upon dismissal).

It should be noted that, in accordance with the provisions of labor legislation, an employee can receive compensation for unused vacation if the duration of his vacation is more than 28 calendar days. In this case, according to Article 126 of the Labor Code of the Russian Federation, part of the annual paid leave exceeding 28 calendar days, upon the written application of the employee, can be replaced by monetary compensation. It should be noted that it is only the right, and not the obligation, on the part of the employer to replace part of the employee’s vacation with monetary compensation.

This is important to know: Minimum number of vacation days according to the Labor Code

In this regard, we can conclude that replacing vacation with monetary compensation is possible if the employer agrees to this, and only in part exceeding 28 calendar days of annual paid leave. And for certain categories of citizens, such as pregnant women, there is generally a restriction on the possibility of replacing annual basic paid leave and annual additional paid leave with monetary compensation.

Based on the above, answering the question you asked, we can conclude that the annual basic paid leave and annual additional paid leave that you have not used cannot be replaced by monetary compensation due to the fact that Article 126 of the Labor Code of the Russian Federation provides for a ban on the replacement of monetary compensation for leave for pregnant women. At the same time, you are given the opportunity, in accordance with the provisions of labor legislation, before or immediately after maternity leave or at the end of parental leave, if you wish, to take annual paid leave, regardless of your length of service with the employer.

Vacation registration

In every case of long-term abandonment of the workplace, the basis is always the statement of the employee. It is written in the form established by the organization; it can usually be obtained from the human resources department.

After the application is signed by the manager, it is sent to the accounting department, where the amounts of vacation pay are calculated, and they are paid to the future mother in a short time.

It is better to submit the application earlier, the generally accepted practice is 14 days before the planned departure, this will allow management to calmly organize the work process, and financial services to calculate and pay compensation.

How to calculate leave before maternity leave

Sometimes the calculation of vacation pay in each situation raises questions among the company’s accounting department.

At the request of a woman, days exceeding the required 28 may be replaced with financial compensation calculated according to general rules. But this will be impossible if the woman in labor received additional days due to work under difficult or dangerous working conditions. In a standard situation, one day of vacation is equivalent to 2.33 workers; payments are calculated based on this algorithm.

How many days are there?

The reason why a woman went on vacation determines how many days of rest she can count on. Regular leave is 28 days, unless additional periods are added in case of work on an irregular schedule, for military personnel, law enforcement officers, and other preferential categories of citizens.

The list of all groups of workers who can count on extended leave is established by the norms of Art. 334 TK RF and Decrees of the Government of the Russian Federation No. 391 and 949. At the enterprise, collective agreements or industry agreements may also establish additional days of rest for certain categories of workers.

When submitting an application, the number of days remaining for the expectant mother is taken into account; they are not provided in advance; if all the days are spent, she has no right to apply for new ones.

But, on the other hand, if a pregnant employee has not yet completed the previous period and has already received the right to the next one, having worked even 1 day more, she can count on a full double vacation lasting 56 days or more, if such a right is granted to her by laws or government regulations .

If after the birth of a child a woman chooses to quit her job, she may be subject to claims related to actually illegal enrichment. The funds will either be withheld from payments upon dismissal or collected in court.

How to apply

Typically, the application is sent to the employer, that is, its addressee should be the head of the enterprise, but the document flow rules established in each company can add additional steps, for example, approval of the application by the immediate superior.

If difficulties arise in accepting the application, it can be sent by registered mail with a list of the attachments, and if opposition continues, you can contact the labor inspectorate.

You should not send an application by fax or e-mail, in this case it is very difficult to confirm the fact of actual receipt and if a woman, relying on the rights not granted to her by law, sends an application by e-mail and then does not go to work, she may be fired for absenteeism and she will have to restore her labor rights in court.

When submitting an application, you must first determine the expected date of birth at the antenatal clinic so that the two types of leave do not overlap each other or you do not have to go to work or take several days at your own expense between them.

The question of whether the employer will be obliged to provide days off at his own expense is usually resolved positively if their number does not exceed the established 3-5 days.

Is it possible to get compensation

The woman will receive money in any case, but in the form of vacation pay or in the form of payment for days, insofar as they exceed the total 28. It is impossible to completely replace rest with payments for both regular and maternity leave.

It is impossible to challenge this legal requirement, but if an application for another leave is submitted after leaving maternity leave and immediately after that the woman intends to quit, the days can be replaced with compensation.

For the time that a woman used to prepare for childbirth and care for her child, additional days of leave are accrued to her at the rate of 11 days for 140 or more taken, if, for example, in the case of a multiple pregnancy, 110 days were added to 84.

The company is obliged to provide maternity and annual leave in full; if an employee applies for fewer days, she cannot count on receiving additional compensation.

Legislation on labor leave.

While expecting a baby, an employee is given one of the following types of leave:

for pregnancy and childbirth;
newborn care;
regular labor;
without saving your earnings.

Art. 115 of the Labor Code of the Russian Federation states that an employee has the right to leave, which must be paid, for the year worked. Its duration is 4 weeks.

For some groups of workers, the rest period is extended. Additional days are provided on the basis of the Collective Agreement or other local acts adopted by the company.

Labor legislation states that an employee can take advantage of the right to paid rest as early as 6 months after employment.

But the Labor Code (Article 260) says that a woman expecting a baby can take leave before issuing a certificate of incapacity for work according to the BiR, regardless of the time worked.

If necessary, the employee can postpone the rest time to dates after the end of the maternity bulletin.

At the same time, compensation for unused vacation for the year is not paid. The legislation states that employees must rest (at least 28 days) during the calendar period for which this is provided.

○ Approximate contents of an application for leave before maternity leave.

The sample application for leave before maternity leave is not much different from the standard application for annual paid leave. The text of the application must contain:

Name of the head of the organization.
Information about the applicant, his position.
Request for annual paid leave.
Duration of vacation in calendar days.
Request for financial assistance and other required payments.
Link to Article 260 of the Labor Code of the Russian Federation.
Date and signature of the applicant.

According to the standard procedure, the application must be endorsed by the head of the organization, on the basis of which the personnel department prepares a leave order, and the accounting department calculates the required payments.

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How to apply for vacation compensation.

A pregnant employee must do the following:

register with the antenatal clinic;
receive a certificate of incapacity for work according to BiR at 30 weeks (in case of multiple or complex pregnancy at 28 weeks);
present the form to the employer;
write an application for compensation for vacation time that was not used.

If an employee wants to quit immediately after the end of maternity leave, then she can apply for compensation for unused vacation time.

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If she plans to continue working, such compensation is not due. However, a woman can take leave, for which she will receive payments.

The amount of vacation pay is determined in legislative acts (Article 139 of the Labor Code of the Russian Federation). It depends on the average salary of the employee.

Vacation payments are calculated using the following formula:

wages for the last 12 months are summed up (the time before going on maternity leave is taken);
the resulting number is divided by 12 and 29.3;
the result is multiplied by the number of unused rest days.

When calculating vacation pay, payments made on sick leave are not taken into account. Also, business trip days when the employee’s average earnings were set are not taken into account.

Compensation includes additional days of rest if the woman is entitled to them, as well as vacations for all previous periods if they were not used.

The length of service also includes the time when the employee is on sick leave for pregnancy and childbirth.

Thus, if a woman quits later, she will be additionally paid compensation for 11 calendar days, taking into account the fact that she has a standard vacation of 28 days.

Is it possible to take a vacation after maternity leave?

If the employee wishes, she can take advantage of the right to annual rest after returning from maternity leave. All unused days do not expire, but are saved and transferred to the next rest period. If you wish, you can take all the days that have accumulated on your next vacation.

It is advisable to take the prescribed rest before going on maternity leave if the employee’s health condition does not allow her to work; in addition, due to the receipt of vacation pay, it is financially beneficial. Unfortunately, not all women know about this right, and dishonest employers take advantage of this knowledge gap. If for some reason management does not provide the required leave, request a written refusal and contact the Labor Inspectorate to restore your rights.

What you need to know about salary during maternity leave

While a woman is at home, awaiting childbirth or caring for a newborn, she, of course, does not fulfill her immediate work responsibilities, therefore, there is nothing to receive wages for. But during this period, benefits are paid - state social guarantee and support for maternity and fertility.

It is defined as follows: from the sum of the average monthly wages of the expectant mother for the two years worked prior to going on leave, all periods of incapacity for work are excluded, and this also includes past maternity leave. Next, the resulting number is divided by 730 days (or 731 if one year is a leap year).

List and amount of payments when going from maternity leave to maternity leave without going to work

Are you currently registered for 0.5 bets? If the salary was not higher than the minimum wage, then there is no point in changing it; it is better to count maternity benefits for 2020-2020 at the minimum amount - from May 1, 2021, 51,380 rubles. But if you are currently employed part-time, then the minimum benefit must be multiplied by the size of this rate. I can’t say why you have 40,000. Find out what rate you are working at. Maybe not 0.5, but another?

Good afternoon. Please tell me the first maternity leave from June 1, 2020 to the present. I’m leaving for the second one on June 1, 2021. Will the billing period automatically be 14 and partly 15? Or like before the first maternity leave in 13 and 14? Is it possible to take into account partially the 15th year (since minus the maternity leave, 5 months were worked) and the 16th year (the whole year was on maternity leave and it turns out that it was “zero”)? Or is it impossible to take years in which not a single day was worked? Thank you!

26 Jun 2021 stopurist 418

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How vacation pay is paid when going on vacation

Labor legislation provides employees with the right to annual leave. Its duration is 28 days (Article 115 of the Labor Code of the Russian Federation). However, in some cases the period may be extended. So, if work is performed in harmful, dangerous or specific conditions, leave is extended by at least 7 days.

However, not everyone who received the right to maternity leave had the income necessary to calculate the benefit in the previous period. As a rule, in these cases, the maternity leaver is given a payment in the minimum amount allowed by law. Typically, young mothers who have recently found their first job, when the period of payments to the Social Security Fund from their income is less than 6 months, students, students and anyone whose income does not allow the amount of benefits to be calculated to be not lower than the minimum level find themselves in this situation.

Vacation before or after maternity leave in 2021: what to take

When a woman takes a calendar paid leave in order to spend more time with her child and thereby extend maternity leave, it would be logical to write a letter of resignation for annual leave for the period after maternity leave. Vacation pay will be approximately 60% higher than the allowance for caring for a child up to one and a half years old. The disadvantage of this option is that the duration of leave to look after an infant will be reduced to one and a half or three years (by 4 weeks).

If an employee has firmly decided to take annual leave right before going on B&R leave, she needs to notify her superiors and provide a set of documents. Registration of leave will consist of the following stages, mandatory for organizations of any legal form:

When going on maternity leave, is vacation pay paid?

Annual leave for a pregnant woman should be provided in full, and not in proportion to the time worked, even in the absence of six months of work experience. In this case, leave is provided in advance for the first year of work, which also includes maternity leave (Article 122 of the Labor Code of the Russian Federation).

In addition, it should be noted that the calculation does not take into account rest time during which the employee was not paid, and periods of partial payment. Sick leave and business trips are also not included in the working year. Holidays cannot be excluded (the corresponding position of the Ministry of Labor of the Russian Federation is enshrined in its letter dated April 15, 2020 No. 14-1/B-351). Thus, the vacation period is not always equal to the calendar period of work.