When a woman goes on maternity leave
Before figuring out how to fill out a sample order for maternity leave 2021, let’s figure out when you need to worry about this.
According to Article 255 of the Labor Code, a woman preparing to become a mother receives a legal break from work. Its duration varies:
- 70 days before the birth of the child and 70 after it - if the employee carried one fetus and gave birth without complications;
- the first part of this period increases to 84 days if there are two or more fruits;
- the second part is extended to 86 days if the woman gave birth with complications;
- the postpartum period will be 110 days if two or more children were born.
To obtain such a break, you must provide a certificate of temporary incapacity for work on the appropriate grounds. You can learn about the procedure for issuing and providing it from Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011.
Therefore, when the employee is approximately seven months old, it is time to start preparing documentation.
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
Vacation dates
Order of the Ministry of Health dated June 29, 2011 No. 624n defines the deadlines for issuing certificates of incapacity for work. In accordance with these periods, the employer issues an order for the provision of maternity leave (sample 2021 can be downloaded below).
The duration of the period is calculated in calendar days and depends on a number of conditions:
- 140 days is the general rule (singleton pregnancy);
- 156 days - complex birth (singleton, including 16 additional days after the birth of the child);
- 156 days - the child was born from the 22nd to the 30th week of gestation;
- 194 days—multiple (determined during pregnancy), including 84 days before birth;
- 194 days - multiple pregnancy, determined during childbirth, including 54 days after the birth of children;
- 160 days - when living in areas affected by the Chernobyl nuclear power plant, P/O "Mayak", discharges into the river. Heat (including 90 days before birth).
Do I need an order for maternity leave in 2021?
Let's say right away - we need it. And in form it is no different from what the personnel officer regularly draws up for employees going on annual vacation. The unified form No. T-6, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, is suitable for this.
The sample order for maternity leave in 2021 differs only in its basis. You need to fill out line B, not A, and also enter the correct number of days.
Please note: payments to the employee who gave birth are established by another document. This applies only to work breaks. It should also not be confused with a document allowing a woman to be absent from work due to childcare.
Orders for maternity leave in 2021 can be found at the end of the article.
Rules for early exit from parental leave may change
The Ministry of Labor has developed amendments to the Labor Code of the Russian Federation, which will oblige persons on parental leave to inform about their intention to return to work early at least 5 working days in advance. At the same time, employers will have an obligation to warn an employee who is replacing a temporarily absent main employee that the fixed-term employment contract with him will be terminated. The notice period is no later than 3 working days before dismissal.
Changes are planned to be made to Art. 79 of the Labor Code of the Russian Federation and Art. 256 Labor Code of the Russian Federation. If the amendments are approved, the employer will have the opportunity to timely prepare personnel documentation and resolve the issue with the employee replacing the temporarily absent main employee. And there will be no more difficulties with replacing employees, and most importantly, all parties will be happy, the developers believe.
Sample order for payment of maternity benefits 2021
This document is published in any form. However, here, too, a statement from the employee will be required. She adds to it:
- certificate of temporary incapacity for work;
- a certificate from the antenatal clinic (if she registered on time and applies for a one-time payment);
- a certificate in form 182 about average earnings to determine the amount of payments (if a woman has been working in an organization for more than two years, a certificate is not needed).
If the employee provides all the documents at the same time, both orders can be combined.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Then a separate sample order for the assignment of maternity benefits 2021 will not be needed. It is enough to include the corresponding paragraph in the previous document. Below are examples of administrative documents:
Return from maternity leave
Early exit from maternity leave, on the one hand, is not prohibited by labor legislation, but on the other hand, it is not provided for. This position is set out in Letter of the Federal Service for Labor and Employment dated May 24, 2013 No. 1755-TZ. If a woman leaves maternity leave early, the employer runs the risk of receiving justified claims from the Social Insurance Fund. Options are possible with the conclusion of civil contracts between the employee and the employer to perform certain work, but officially going to work earlier than the deadline established by the order is not recommended.
If a woman plans to work at the end of her maternity leave, she simply goes to work without providing any documents or statements.
If an employee plans to take parental leave when the child reaches three years of age, the woman will have to write a corresponding application and provide a copy of the child’s birth certificate.
Sample application for child care
Whatever decision a woman makes, in accordance with Article 256 of the Labor Code of the Russian Federation, she retains her place of work for the entire period of maternity leave, as well as for the period of caring for a child until he reaches the age of three. In addition, in accordance with the same norm, she has the right to go to work early without waiting for the end of her maternity leave.
Sample application for early leave from parental leave
Sample order for early termination of parental leave
Order on maternity leave: sample filling, download form
| Online service 3 in 1: trade, warehouse, CRM and Online cash register (54-FZ) | |
| |
- Trade, warehouse, suppliers
- Program for cashier, online cash register 54-FZ
- CRM, work with orders, transactions
- Integration with online stores, more than 25 platforms
- Online checks for payments from the website and points of issue
- From 0 rubles per month [Try Business.Ru for free
]
Maternity leave is provided to pregnant employees for the period of childbirth before and after. The basis for granting maternity leave to employees is a certificate of incapacity for work, which is issued at a medical institution (maternity hospital, antenatal clinic, etc.) as a medical report.
In it, the doctor indicates the start and end dates of the vacation, as well as the date of the expected birth. According to the Labor Code, the employer is obliged to provide maternity leave for a period of 140 calendar days (this is in the case of a normal pregnancy; in other cases of pregnancy, the leave period is increased).
The amount of calendar days of maternity leave is calculated in total from the duration of prenatal and postnatal leave. More information about the duration of vacation can be found in Article 255 of the Labor Code.
The specified amount of vacation days is provided to pregnant employees in full, and it does not matter how much the employee actually used during the period before giving birth. This means that even if the employee worked at the company during the prenatal period, she is required to pay her benefits in full.
This is important to know: Is vacation included in work upon dismissal?
Men who have adopted a newborn can also go on maternity leave on the basis of a sick leave certificate issued at the hospital.
Women have the right to maternity leave only within the framework of an employment relationship. If a civil contract was concluded with the employee, then the company does not have the right to provide her with maternity leave.
Before issuing an order for maternity leave , the employee must provide an application for maternity leave and sick leave (or a copy of the court decision on the adoption of a newborn) as an attachment to the application. An order for maternity leave is issued according to a standard document (Form No. T-6).
Let's consider filling out form T-6 for maternity leave.
The serial number of a maternity order must have the letter part “/ls”, because This document belongs to the group of orders for personnel.
The columns “for the period of work from” and “to” are not filled in, because this applies to the employee's basic annual leave.
The reason for granting leave by the manager in this case is stated in paragraph B.
For a maternity leave order to come into force, it must be endorsed by the head of the company and submitted to the employee going on maternity leave for signature. The maternity order is formed by the personnel officer for individual cases, and a note “P” is made in the T-12 form.
Based on the order for maternity leave, the employee’s personal card indicates the basis for the leave and its duration.
You can get a free small business consultation from one of our experienced experts.
Join our VKontakte community.
Good afternoon I will be an employee of the bank. I would like to clarify the following: The operations office in our city is being closed. In this regard, a notice was given to all employees. The notice states that the operational office is closing on May 6, 2021, all employees are fired in accordance with Article 81 Part 1 of the Labor Code of the Russian Federation, the employer pays guarantees according to Art. 181 Labor Code of the Russian Federation. On May 5, 2021, I am submitting a sick leave certificate for pregnancy and childbirth, and I am also writing an application for maternity leave. To apply for childcare benefits for a child up to 1.5 years old, I need an order “On the provision of maternity leave.” My employer refuses to provide me with this order, citing the fact that they do not issue these orders. I would like to clarify whether my employer’s actions are legal? Can they just pay me for sick leave and not provide an order? In the event of an unlawful action from the employer’s country, where should I contact
The actions of your employer are legal only if it is the complete liquidation of an individual entrepreneur or the enterprise is liquidated. If only the office is closed, then this is not a complete liquidation of the enterprise. You need to contact a lawyer for clarification of the procedure for further actions, as well as the authorities that monitor and supervise compliance with labor laws in your city (region).
Good afternoon. Does a woman working in a government agency have the right not to take prenatal maternity leave, or to take it later than 30 weeks?
Yes, it does, but in this case, maternity leave (140 days by law: 70 before childbirth and 70 after) will not be extended after childbirth. That is, you can go on maternity leave later, but after giving birth you will still stay on it for no more than 70 days. In part 3, paragraph 48 Ch. 8 of Order No. 514 of August 1, 2007 of the Ministry of Health and Social Development of the Russian Federation “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “... If a woman, when applying to a medical organization within the prescribed period, refuses to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical documentation. When a woman, before giving birth, repeatedly applies for a certificate of incapacity for work for maternity leave for maternity leave, the certificate of incapacity for work is issued for 140 calendar days (194 calendar days for multiple pregnancies) from the date of the initial application for the specified document, but not earlier than the date established by the first or second paragraphs of this paragraph.”
Consistency with Art. 256 Labor Code paragraph 4, during the period of maternity leave (child care leave), the employee retains his place of work (position). So the employee has every right to apply for her position. That is, she will fill the position specified in the staffing table.
Working part-time when returning from maternity leave is also acceptable, but only at the request of the employee, who must notify about this in advance and in writing.
Good afternoon. A school psychologist is returning from maternity leave, who before maternity leave had 1 position as a psychologist and a classroom teacher. Her substitute teacher was charged 0.5 times the rate of a psychologist and classroom management. Question: what can a psychologist claim after going to work?
Normative base
In accordance with the provisions of Article 255 of the Labor Code of the Russian Federation, the duration of maternity leave is 140 calendar days: 70 prenatal and 70 postpartum (normal) - with the payment of state social insurance benefits in the amount established by federal laws.
In practice, there are cases when women do not want to register maternity leave until the last minute for various reasons, including due to the extension of the postpartum rest period.
According to the Decision of the Supreme Court of the Russian Federation dated November 14, 2012 No. AKPI12-1204, the arguments that if a woman carries out work after the 30th week of pregnancy, she does not have the right to apply for leave lasting 140 calendar days, in fact boils down to a requirement to extend postpartum part of the rest, which contradicts Article 255 of the Labor Code of the Russian Federation.
Thus, if a woman decided to work until the last minute and actually received a certificate of incapacity for work in the maternity hospital, then she should be prepared for the fact that the maternity leave will not be 140, but 70 calendar (postpartum) days with the corresponding payment of state social insurance benefits.
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.
Common mistakes
Often, mistakes are made when drawing up an order to grant a maternity leave. The most common ones are highlighted below:
- section B is not filled in - it also needs to be filled out, since it represents the summary data for two sections A and B;
- incorrect name for leave - in the legislation there are no concepts of “maternity leave”, “maternity leave”, therefore they should not be used in the order, there should be the wording “for pregnancy and childbirth”, this is exactly the concept provided for by the Labor Code of the Russian Federation;
- errors in the duration of maternity leave - the vacation period can be either 140 or 194 days. To avoid mistakes, you need to carefully rewrite the dates on the sick leave;
- absence of the employee’s signature - the pregnant woman must be familiarized with the contents of the order, her signature confirms the fulfillment of this obligation.
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
It is allowed, with the consent of the parties, to grant maternity leave later than the date indicated on the sick leave. If a woman wants to go on maternity leave later, and the employer is not against it, then the law allows this possibility.
It is important to know that the vacation time does not change. By going on maternity leave later, a woman loses part of it, since it will end in any case on the day indicated on the certificate of incapacity for work. Accordingly, the woman will also receive benefits in an incomplete amount in proportion to the actual duration of maternity leave.
The benefit should not be more than the maximum value and less than the minimum.
Required documents
An order for leave for accounting purposes is issued by the management of the company only after the employee has provided the necessary documentation.
The following documents are required for collection:
- a statement reflecting a request for maternity leave;
- sick leave for pregnancy and childbirth , issued by the medical institution in which the woman is registered.
In the event of an early visit to a gynecologist regarding pregnancy, the girl may qualify for payment of the appropriate benefit for the early stages.
To do this, she must provide a certificate confirming the fact that the employee has been registered for a period of no more than 12 weeks. In the process of issuing an order, the employer is guided by Federal Law No. 81 and Article 255 of the Labor Code of the Russian Federation.
Design algorithm
An order for the payment of maternity benefits (a sample for 2021 can be downloaded in the article) is issued at the choice of the employer using:
- unified template No. T-6 (a sample order for maternity leave - 2021 is given according to Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1);
- self-created form.
This is interesting: Cassation appeal in a civil case sample 2021
The administrative document for such leave is issued by the head of the institution in which the woman works and contains:
- a header indicating the details of the enterprise and the name of the document;
- statement of the essence, that is, information about the provision of a period with its start and end dates in accordance with sick leave, details of the certificate of incapacity for work;
- a list of documents that became the basis for issuing the order;
- decoding of the position of the manager's signature;
- list of persons who need to familiarize themselves with the official document.
Entering information into the administrative document form T-6:
Design information
Name of the institution where the pregnant woman works, in full and abbreviated forms
Publication dates
A certificate of temporary incapacity for work, which is necessary for registration of maternity leave, is issued after the 30th week of pregnancy .
It is after this period that a girl can go on maternity leave. It is important to consider that under certain circumstances she may do this earlier .
An order to provide rest is issued immediately before a woman goes on maternity leave. In standard form, it is issued 70 days before the expected date of birth. The second half of the maternity leave also lasts 70 days. In case of multiple pregnancy, the order must be issued 84 days before the birth.
Procedure for restoring lost orders
The manager or his authorized person is responsible for organizing the storage of all documents in the organization. In case of loss or destruction of documents, the employer must find out the reasons why the loss occurred and eliminate them:
- record the fact of the absence of a document;
- create a commission to find out the reasons for what happened;
- based on the results of the commission’s work, take measures to prevent this from happening in the future;
- if necessary, take disciplinary measures against those responsible;
- if possible, restore lost documents using existing document logs, as well as by sending appropriate requests to the archive, Pension Fund, tax service, etc.
In any case, when a loss is discovered, the most energetic actions should be taken to avoid misunderstandings with both employees and regulatory authorities.
In what form is it compiled?
To fill out an order, you can use a form developed by the company specifically for filling out documentation of the specified type.
In addition, it is allowed to use a unified form - T-6 . The second design option is considered optional, but recommended.
When using a generally accepted form, the likelihood of making mistakes or providing insufficiently accurate information is reduced.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If you fill out the documentation using your own sample, you should be sure to reflect all the necessary information on the paper, observing the structure and business style of the narrative.
How to fill out T-6 when providing maternity leave?
The unified order form T-6 is used to issue various types of leave.
In general, the document includes 3 blocks , each of which is intended for specific information:
- 1 — filled in when registering the annual paid vacation period;
- 2 — filled out for registration of other leaves, including maternity leave;
- 3 — includes information from previous sections.
When applying for a maternity leave, the first block of the form is not filled out.
The second section must indicate
information of the following nature:
- full name of the company where the pregnant employee is officially employed;
- the serial number assigned to the paper (can consist of not only numbers, but also letters);
- publication date;
- information about the employee - full name, position, name of the structural unit in which she works;
- vacation period and its duration (data in this line is entered based on the information indicated on the sick leave)
- signature of the director of the company or his responsible person;
- employee's signature.
After the order is issued, adjustments are made to the working time sheet. Calculation of benefits for pregnancy and upcoming childbirth is carried out.
The woman’s signature confirms that she has read and agrees with the information specified in the order.
Filling out internal documentation can be done by both the head of the enterprise himself and the person appointed responsible for this action. This role can be played by an employee of the HR or accounting department.
The calculated benefit goes to the pregnant woman’s account along with her next salary.
Below is an example of filing a maternity leave for 140 days using the standard T-6 form.
filling out an order for maternity leave – word.
This is important to know: How to correctly write an application for rescheduling a vacation
Which form should I use?
You can issue an order either using a standard form (T-6) or a form developed on your own. It is not necessary to use the unified T-6 form. The main thing is that the document contains all the necessary information.
Important! Form T-6 is recommended for use by all organizations when applying for maternity leave for women.
Its use guarantees the presence in the document of all necessary information and the correct structure of the document.
Documents grounds for granting a decree on BiR
In order for the employer to issue an order, the employee must submit documents to him.
The documentation package from a pregnant employee includes:
- application requesting maternity leave and benefits (how to calculate maternity benefits);
- certificate of incapacity for work - it is issued by the antenatal clinic.
Additionally, a certificate is provided about the timing of registration - if the woman managed to apply to the housing complex in the first 12 weeks (an additional benefit is provided). The certificate is also issued by the medical institution.
These documents are submitted to the pregnant woman within the following deadlines:
- 70 days before the due date if the woman is expecting one child;
- in 84 days - in case of multiple pregnancy.
Only those women who are officially employed at the time of going on maternity leave can apply for leave. Unemployed people do not have this right.
However, some categories of unemployed people can still receive maternity benefits - details here.
Having received a set of papers from the employee, the employer is obliged to issue temporary disability in the form of maternity leave within the period specified in the sick leave certificate. Within up to 10 days, calculate and accrue maternity benefits, and pay them on the day of settlement with staff for wages.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If a woman also registered with the housing complex in the first 12 weeks, then she also has the right to early benefits. It is paid along with maternity benefits according to BiR.
How to fill out the T-6 form correctly?
To fill out an order, it is convenient to use the standard T-6 form, which is used to formalize the provision of all types of leave, including maternity leave.
The standard T-6 form includes the following lines to fill out:
- name of the organization - enter the abbreviated name of the employer;
- Document number - the serial number is written down, according to the current numbering for orders for personnel;
- date - the day on which the order is drawn up;
- grant leave - full name in the dative case of the woman who is granted maternity leave, personnel number, department and position are also indicated;
- for the period of work - not filled in;
- section A - not filled out;
- section B - enter the name of the leave, the number in calendar days, the start and end date (according to the certificate of incapacity for work);
- section B - the data from section B is repeated;
- signatures of the manager and employee.
The main document on the basis of which the order is drawn up is also usually indicated - a certificate of temporary incapacity for work. There is no separate field for these purposes in the T-6 form, however, information can be added in section B manually.
It is not necessary to stamp the order.
The employee must familiarize herself with the order and put her signature at the bottom of the form.
You can issue an order in free form. The main thing is that the form contains the basic details listed above.
Download an order for granting maternity leave for 140 days - sample.
What you need when booking a vacation
In order to issue an order for 140 days of maternity leave, the sample of which is established by current legislation, the employer should take a number of steps.
1. Check the contents of the employee’s application for maternity leave:
- the document is signed personally;
- the beginning and end are indicated;
- sick note included.
2. Check that the sick leave is filled out correctly.
- the established form has been provided (Order of the Ministry of Health of the Russian Federation dated April 26, 2011 No. 347n);
- the document is filled out properly by the medical professional and the employer.
3. Issue an order for maternity leave.
4. Issue a personal card, including the name of the period, number of days, deadlines, details of the administrative document. 5. Prepare a work time sheet. If the employer uses the forms established by State Statistics Committee Resolution No. 1 of 01/05/2004, the days are indicated by a code (letter P or number 14). When using your own forms of encoding, you can enter it yourself.
6. Pay benefits (including part-time workers) for the period in full in the amount of 100% of the average salary, if the insurance period is at least six months.
What does it take to go on maternity leave?
So, you received sick leave from the antenatal clinic. And here you are faced with a choice - to give it directly to the accounting department of your organization or to wait. Yes, you have that right. This is important to know for those who earn good money and feel productive.
All your payments in this case are retained in full. When you decide that the time has come to leave work for the sake of your health and peace, you need to write a leave application. You are working? Please contact your employer.
If you are unemployed, then the document is written to the social protection center. The student should contact the dean’s office with him, where her academic leave will be arranged. What else is included with the 2020 application?
Here is the list:
- sick leave itself;
- copy of passport;
- income certificate.
In addition, you will need to attach details of the account to which the benefit will be transferred. This should be the mother's account, not a third party. After HR specialists prepare this order, it must be signed by the manager. This is what this order looks like.
Who draws up and signs the order?
The functions of drawing up the order are assigned to the responsible official, whose responsibilities include the preparation of such documentation. For example, this could be a HR employee. The completed order form must contain the signatures of the following persons:
- The head of the enterprise or a person who has the right to certify administrative documentation instead of the director with his signature (such functions can be assigned by order or power of attorney), this signature is placed at the bottom of the order and allows the document to enter into legal force;
- The employee sent on maternity leave by this order has an introductory signature and confirms that the employee is aware of the rest period provided to her.
