Parental leave up to 1.5 years: main changes, registration procedure in 2021

What period is this?

Let's find out what parental leave is.

There is no concept of “maternity leave” in the legislation.

It refers to several terms:

• pregnancy and childbirth;
• child care up to 1.5 years;
• child care up to 3 years old.

In Art. 255 of the Labor Code of the Russian Federation specifies the conditions and procedure for vacations. A maternity leave is provided if there are legal grounds and an application from the employee . Restrictions of 1.5 and 3 years are considered conditional. By law, this is one vacation. The rights granted are the same for everyone.

Article 255 of the Labor Code of the Russian Federation. Maternity leave

Women, upon their application and on the basis of a certificate of incapacity for work issued in accordance with the established procedure, are granted maternity leave of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state social insurance benefits in the amount established by federal laws.

Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used by her before giving birth.

Vacation can be taken out in whole or in part. During this time, the position and place of work are preserved (we wrote about the legality of dismissal during parental leave here). The insurance period only includes the paid vacation period, since during this time the employee makes contributions to the Social Insurance Fund (you can find out about the insurance period during care leave here). The rest of the period is included in the total length of service (read about whether this type of leave is included in the length of service here).

A monthly allowance is provided for up to 1.5 years . Additional payments may be provided to families with small children as directed by the municipality. You can take out a new vacation immediately after the end of the period of rest that was allotted for pregnancy and childbirth. Benefits up to 1.5 years are provided from the start date of the vacation.

Parental leave for children up to 7 years old with job retention 2021

*(2) We note that before Law No. 125-FZ came into force, the law did not establish any restrictions on the categories of workers who could be assigned irregular working hours. The version of the Labor Code of the Russian Federation in force until June 29, 2021 allowed an employee to have both an irregular working day and part-time work, including in the form of a part-time working day (shift) (see part one of Article 93 of the Labor Code of the Russian Federation, as well as letters from Rostrud dated 01.04. 2021 N PG/23357-6 and dated 04/19/2021 N 1073-6-1).

Employed citizens apply for benefits at their place of work, providing the necessary package of documents. The benefit is paid to family members or citizens who actually care for the child until he reaches one and a half years old. If several family members provide care, in accordance with the Federal Law of the Russian Federation “On State Benefits for Citizens with Children,” the benefit is paid to one of them.

What period is required for citizens caring for a baby?

The first day of leave is usually the date following the day on which maternity leave ends. An employee has the right to use maternity leave at any time until the child turns 3 years old. But it is advisable to apply quickly, because compensation is issued only from the date the leave is granted.

Child care benefits are paid only from the date of application for leave.

Up to 1.5 years

Let's find out when this period begins and ends if you want to babysit your child until he is 1.5 or 3 years old. At the end of maternity leave, it is possible to apply for maternity leave to care for a child up to 1.5 years old. The start of vacation depends on when the sick leave ends. As stated in Art. 255 of the Labor Code of the Russian Federation, it may have different terms:

• 140 days – if pregnancy is normal;
• 156 – during difficult childbirth or surgery;
• 194 – if triplets or twins are born.

When the first part of the maternity leave is completed, you can go on maternity leave . The right to receive compensation for earnings in the form of benefits is valid for up to 1.5 years.

Up to 3 years

The duration of the last part can be exactly 1.5 years or less if you go to work earlier. When the baby turns 3 years old, the next day the mother must go to work. But many workers interrupt maternity leave earlier due to financial difficulties. Read more about what parental leave is for a child up to three years old in this article, and how to extend it to 3 years after the child reaches one and a half years old, you will find out here.

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.

This is interesting: How long do you need to stay on sick leave to apply for disability?

To whom can it be provided?

Let's consider who is granted leave days to care for a child up to one and a half and up to 3 years. The following have the right to maternity leave for child care:

• mother, father, adoptive parents;
• immediate relatives - grandparents;
• guardians.

Adoptive parents are not considered to be guardians and cannot receive leave or social benefits. They are not specified in Art. 257, 256 Labor Code of the Russian Federation. They are provided with remuneration under an agreement concluded with the guardianship authorities.

It will not be possible for strangers to issue a maternity leave.

An employee, while on vacation, applies for another maternity leave.

A situation may arise in which a woman who is currently on maternity leave has this period forcibly interrupted. This usually occurs because the employee becomes pregnant again.

Then she is on maternity leave until the 30th week. As soon as the gynecologist issues a new sick leave certificate, she has the right to apply for another maternity leave. To do this, the employee collects the necessary documents and attaches them to the completed application.

How to apply?

To go on maternity leave, everything needs to be done legally . To apply for vacation days to care for a child up to one and a half or up to 3 years old, the management of the enterprise must submit an application and documents. Based on this, an order is drawn up. It is printed on T-6 form or in any form.

Then the employee must read the order. The document is endorsed by management, after which it is registered by the secretary. The accountant calculates the benefit, which is provided until the baby is 1.5 years old.

The necessary information is entered into the employee’s personal card: the name of the period, its beginning and end, its basis. Then the time sheet is filled out. This completes the registration of the maternity leave.

Extending vacation

When you went on maternity leave, you expected to raise your sweet child for a year and a half. But after this time they decided to sit until three. The reasons for this are different: the baby is often sick; taken to the kindergarten - cannot adapt to the children's group; you yourself feel that you are not yet ready for the main job, etc., etc.

What to do:

1. Two weeks before the end of your vacation of up to one and a half years, you write an application for an extension to three.
2. Be sure to indicate the start and end dates of the vacation in this document and personally take it to management for signature.
3. Remember that in this case your job will remain yours; no one has the right to fire you.
4. After this time has passed, you go back to work or take your allotted annual leave, which you did not have time to take due to current circumstances (this is if there is one).
5. You can also take a vacation for 30 days, but without pay.
6. If you need other vacation days, contact your management and agree on these nuances (but it is unlikely to be paid). This situation is not prescribed by law, so most likely you will have to quit your job.
7. At enterprises with a collective agreement, additional leave (unpaid) is provided for up to 14 years for mothers of many children and mothers of disabled children.

How to write an application and what documents are needed?

The application is drawn up randomly in the name of the director . It can be written by hand or typed on a computer. The header indicates to whom the application is being submitted and from whom.

The text consists of:

1. Requests for maternity leave. In one application it is allowed to indicate a time of both up to 1.5 and up to 3 years.
2. Start dates.
3. Information about the baby - full name, date of birth.
4. Requests for payment assignments.
5. Indication of the list of attached documents.

No further information is required. The text must indicate a request for the transfer of benefits. If it is missing, this will not be done automatically. As a result, you will still need to draw up a second application.

The application is signed by management, after which the document is sent to the HR department . Attached to the application:

• birth certificate (copy) or an extract from the court regarding guardianship;
• a certificate confirming that the other parent did not formalize the maternity leave.

The application and documents are handed over to management. For more information about granting parental leave, including how to write an application, required documents and assignment of benefits, read in another material.

You can also read other articles on this topic:

• Annual leave after leaving maternity leave.
• Is an employee on parental leave included in the average headcount?
• How is this leave paid and processed when working part-time?
• Certificate for father not using parental leave - why is it needed?
• Is it possible to work during maternity leave?

Parental leave up to 14 years of age

Even if a woman is employed under a fixed-term contract, at the end of its validity period, if there is a certificate confirming pregnancy, the employer is obliged to extend the contract until maternity leave is issued.

Features when ending vacation days

The maternity leave ends when the child reaches 3 years of age. You can start work the next day. But it is not prohibited to start working early (how to write an application to interrupt parental leave?). If you wish, you can do this at any time.

At the end of the maternity leave, an order is issued. The employer should first find out from the employee whether there will be a reduced schedule or a full day. All this is indicated in the order.

The maternity leave cannot be extended . It can be extended if a second child appears during the holiday. It is also possible to leave maternity leave multiple times and then leave again. The main thing is that this is recorded by the employee’s statements and the employer’s orders. All benefits provided to young mothers are retained when they return to work. We invite you to learn about in what cases and how to extend parental leave after 3 years, and in particular to 4, 5, 6 or years.

When an employee starts work, she must fill out a statement. After this, benefits will not be paid for up to 1.5 years. The unused part of the maternity leave can be issued by another relative, as well as the monthly payment. Care allowance will be paid if you go to work part-time – less than 7 hours.

Parental leave is a legal right of young mothers or other relatives. It is only necessary to formalize it, otherwise no cash payments will be received.

In what cases can they refuse to pay benefits for up to 3 years?

They will refuse to pay you “children’s benefits” if you contacted the appropriate institution later than six months after the due date (remember, we are talking about extended leave from one and a half to three years). Exceptional cases are:

• natural disasters;
• the applicant's prolonged illness;
• changing of the living place;
• illegal dismissal from work;
• death of a close family member.

Naturally, all these troubles must be confirmed by relevant

Bill No. 648289-6 described in the article is still under consideration. The State Duma Committee on Family, Women and Children proposed once again correcting some points. Changes that occur are periodically reported on the official website of the State Duma.