March 4, 2021 Orders
The Labor Code of the Russian Federation guarantees employees maternity leave for up to 3 years. However, in practice, most employed people use this right only partially.
This is due to the fact that this leave is paid for from the Social Insurance Fund only until the child reaches 1.5 years of age. In this regard, personnel workers may have difficulties with competent execution of primary documents for this type of leave, in particular, orders. We will consider the design features of this document below.
How is the benefit amount calculated?
The amount of benefit that one of the child’s parents will receive is always individual and amounts to 40% of the average monthly salary of the mother or father for the last two years (this is why it is so important that the salary is completely “white” and not given “in envelopes”).
The benefit is paid monthly until the child reaches eighteen months. After one and a half years, the parent has the right to continue on parental leave until the age of three, but he will no longer be able to receive benefits. All funds paid by the employer as benefits are fully compensated by the Social Insurance Fund.
How to fill out form T-6 correctly?
Since the administrative form for granting parental leave is required not only for internal document flow, but may also be required by other government bodies, its preparation requires special attention to compliance with the letter of the law.
We offer step-by-step instructions for filling out the T-6 form.
- The name of the enterprise is filled in as indicated in the constituent documents. If there is a management order on the adopted abbreviated name of the enterprise, the use of the abbreviated name is permissible. In this case, it is recommended that when requesting the transfer of packages of documents for payment to the Social Insurance Fund, attach a copy of the order on the approved abbreviated name.
- The OKPO code field is required.
- In the “Grant leave” column, the employee’s last name, first name, and patronymic are indicated in the dative case.
- The period for which vacation time is provided is left blank. An employee has the right to time to care for a child, regardless of length of service and time worked at a given enterprise.
- Column “A” must be left blank, because we are talking about a different type of vacation.
- In column “B” we indicate “parental leave until the child reaches the age of 3 years.” It is incorrect to write that care is provided up to 1.5 years. The Labor Code of the Russian Federation does not have the concept of “vacation for up to one and a half years.” This point has always caused controversy among HR specialists, employees of the Social Insurance Fund and other government bodies. Personnel workers tend to fill out this column in accordance with the Labor Code of the Russian Federation, and FSS specialists required that the period “until the child reaches 1.5 years” be indicated. This is due to the fact that the Social Insurance Fund pays only for this period. Below we offer you to download two sample orders, one of which is issued up to 1.5 years, the second up to 3 years.
- The number of calendar days in such an order is calculated on the basis that child care begins on the date following the end date of maternity leave and before the child turns 3 years old. The law leaves the employee the right to interrupt his rest period at any time. This is done at the request of the employee. This is where the will of the maternity leaver to go to work will be indicated on the date following the date the child turns 1.5 years old.
- The start date of the leave is indicated: if the woman took maternity leave - the day following the end date of the sick leave; if the employee chose to receive child benefits, then from the day the baby was born.
Important! This refers to a calendar day. Even if the start date of the vacation falls on a weekend or holiday, it is taken into account. This is necessary to maintain continuity of service for the employee.
- Since an employee has the right to interrupt his vacation at any time, some commentators of the Labor Code of the Russian Federation recommend the end date of child care at all. However, if a number is given following the date the pupil reaches three years of age, there will be no error. If the order specifies a date for reaching 1.5 years, this may be interpreted as a violation of workers’ rights.
Important: early return to work is issued on the basis of an application from the employee with an order from the manager.
Sample filling
Below are 2 samples - one for arranging care for a minor up to 1.5 years old, the second for up to 3 years. Disputes about how to do it correctly continue to this day. Therefore, there are two design options to choose from.
However, in accordance with labor legislation, it would be more correct to draw up an order for a child up to 3 years of age , and issue a separate order for the payment of monthly benefits.
order on provision of care leave for up to 1.5 years - word:
filling out an order for a child under 3 years old - word:
Who draws up the order
Any order is written on behalf of the head of the company, but the direct responsibility for drafting it lies with one of his subordinates - a secretary, a legal adviser, a specialist in the personnel department, etc.
The main condition is that the employee involved in the formation of the order has an idea of how to correctly write administrative papers, and also, after final drafting, passes the order to the director for signature - without his autograph, the document does not acquire legal force.
Purpose
The time intended for preparation for childbirth and the further stay of the mother with the child is considered a full-fledged vacation, which must be arranged according to the same principle as other similar periods. Issuing an order to provide maternity leave is the final stage of this action.
The duration of the prenatal and postnatal period of maternity leave in this case depends on the type of pregnancy. The standard duration of vacation is 140 days . At the birth of 2 or more children, this period can be increased to 194 days.
Identification of complications during childbirth leads to an extension of pregnancy sick leave for another 16 days, in which case an additional leave order is drawn up.
The order acts as an official confirmation of the employee’s legal absence from the workplace.
A woman can refuse maternity leave - in this case, no order is drawn up, and her official duties are performed as before.
The document highlights important points:
If desired, the employee can leave maternity leave before the end of the period specified in the order. She must notify the employer about this in advance. The initiative must come exclusively from the employee - the influence of management is considered unacceptable.
The employer has the right to refuse early exit from maternity leave, since the legislation does not provide for such obligations for companies.
Main features of the document
If you need to write an order to assign child care benefits to an employee, read the tips below and pay attention to the sample document.
Before moving on to the essence of the order, let us dwell on some general points.
To date, there is no unified sample order for the care of a child under one and a half years old (which, in general, is logical, given that the order itself is not a mandatory document). Based on this, company employees can draw up this order in any form or, if the enterprise has its own developed and approved document form, using its template.
When drawing up an order, consider several important nuances:
- For an order, either a regular sheet of paper of any convenient format (but A4 is better) or a company letterhead (more often this is used if such a requirement for administrative papers is enshrined in the company’s accounting policy) is suitable.
- You can write the order by hand (only with a ballpoint pen, clearly, legibly, without errors, blots or corrections), or type it on a computer.
- The order must be certified by the head of the company or another employee authorized to act on his behalf, and also signed by the person responsible for its execution.
- The form should be certified with a seal only if this rule is spelled out in the internal regulations of the enterprise - in other cases, the absence of a stamp does not play a role in determining the legality of the document.
Registration deadlines
It is necessary to separate two employee rights: to leave to care for a child and to pay for it using social insurance funds.
Providing a break from work is regulated by Article 256 of the Labor Code of the Russian Federation, and the procedure for assigning and paying benefits is regulated by federal laws. Today, such a law is 81-FZ of May 19, 1995 “On state benefits for citizens with children.”
That is why it is common practice to issue two orders - on granting leave and assigning benefits separately.
The Labor Code does not in any way regulate the timing of the execution of an order for parental leave, so personnel officers are guided by general office work standards and common sense.
As a rule, the order is issued no later than three days before the start date of the rest, and the employee must familiarize himself with it against signature.
If the second paragraph of the order is a record of the appointment of a monthly care payment for up to 1.5 years, then the following deadlines should be adhered to: no later than ten days from the date of filing the application for leave and the assignment of benefits.
What form should I fill out?
There is a unified order form for processing child care up to 1.5 years old - T-6 . From 01/01/13, approved Goskomstat forms are not mandatory for use. An economic entity has the right to use its own forms approved by the head.
use the unified T-6 form when providing care leave :
- This is convenient : the standard form contains a comprehensive set of details.
- Sometimes FSS authorities require a copy of the order to grant leave specifically for T-6. The Social Insurance Fund has every right to do this, since this is enshrined in clause “d”, part 54 of the Procedure, approved by Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n. However, the law does not say anything that the form of the order must necessarily be T-6. Despite this, the unified form is used almost everywhere.
Sample order for granting benefits for up to 15 years
If these documents are available, the personnel officer issues an order. The parent of the child receives the right to leave either from the date of birth of the child or from the day the maternity leave ends. As soon as the child turns 1.5 years old, parental leave for up to 3 years can be taken out, but payment for it is no longer provided.
Order on the assignment of benefits for up to 1 5 years, sample 2020
When an insured event occurs, the employee contacts the employer with an application for payment of the appropriate type of benefit and the documents necessary for the assignment and payment of benefits. The list of these documents has not changed. In addition, the FSS Order N 335 08 Feb 2021 juristsib 268
The state pays benefits to female military personnel, while other applicants for financial assistance must submit an application for its accrual to their enterprise. To receive benefits for a child under 3 years of age, a young mother must write a corresponding application.
Parental leave for up to 1.5 years: application 2021
Children's holidays are no exception. To obtain the right to leave and the corresponding monthly government payment, the employee must provide the employer with a set of documents, including an application for parental leave for up to 1.5 years. We offer a sample of the year to download in the article. According to popular opinion, only the mother of the child has the opportunity to go on children's leave. However, this is a misconception.
Order on the assignment of benefits for child care up to 1.5 years
The child's mother, father or other relative who directly cares for the baby has the right to be granted care leave for up to 1. One of the required documents is an order drawn up in form T. The article describes typical situations. To solve your problem, write to our consultant or call for free:. It's fast and free! order for maternity leave until 1.
13 Jan 2021 etolaw 212
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What documents does an employer need?
The following list of documents must be attached to the application for parental leave:
- child's birth certificate;
- a certificate from the second parent’s place of work stating that he has not taken out a similar leave for the specified child and does not receive a monthly allowance for him;
- certificate for previously born children, as this affects the amount of benefits paid;
- certificates of earnings from previous places of work for two years, which are taken into account for calculating benefits.
In the case of unemployed citizens, we are not talking about vacation, but they are guaranteed a monthly allowance and are registered with the social security authorities, for which a passport must be attached to the above package of documents.
There is no approved application form for parental leave; the application specifies the period of leave and requests the payment of monthly benefits and compensation.
If there is a “Direct Payments” project in the region, under which the Social Insurance Fund transfers child benefits, you will need to fill out a special application form issued by the employer, or at least sign on it. This is the form on the basis of which the Social Insurance Fund assigns and pays benefits; it specifies the details for receiving money.
Major changes in 2021
In 2021, female employees who have a child under 1.5 years old will have the right to go on leave to look after him and receive a payment in the amount of 40% of earnings.
But the amount of benefits received will be changed. During the period from January to February 2021, this amount will be determined on the same terms as in 2021. But from February 1, the payment is expected to be indexed, as a result of which the lower and upper limits will be slightly increased.
In addition, a new law has already been adopted, according to which additional payments are assigned to the first child from the moment of birth until the day he turns 1.5 years old.
The average payment amount will be 10,500 rubles, but the actual amount is determined by each region independently based on the subsistence level established in it.
Parents of a child who are under 35 years of age will be entitled to benefits. They will also only apply to children born in 2021. Those babies who were born in 2021, but were not yet 1.5 years old at the beginning of the year, still cannot count on payment.
Important! The issuance of benefits will be carried out only at the expense of budget money, and will not concern employers.
