The procedure for granting maternity leave and its termination is fixed at the legislative level. To obtain the right to it, the expectant mother must fill out an application and prepare an order. The form of documents is unified; papers are necessarily checked and signed by officials. Based on the order, the required social payments are calculated (from the social insurance fund and the employer’s funds, if the woman was initially officially employed). To exit from maternity leave, you will also need to comply with the legislative order. It involves the employee drawing up an application, on the basis of which the official prepares an order. More details below.
When to leave and can it be done ahead of schedule?
According to the law, every employed girl is allowed to go on maternity leave for up to 1.5 or 3 years after the birth of the baby (you can read about how to apply for maternity leave here, and about how to extend it to 3 years, find out in a separate article). This type of leave and all related procedures, including early exit, are regulated by Article 256 of the Labor Code of the Russian Federation.
The girl has the right to be on maternity leave until its expiration , i.e. until the child turns 3 years old. Then, on the next working day, she must begin her work duties.
Also, due to any circumstances and reasons, a girl on such leave may begin her work activity ahead of schedule. However, she can begin work immediately after completing maternity leave.
Since most often the employer hires a temporary employee to replace a pregnant girl who has gone on vacation, the girl should notify the employer in advance about the decision to start working .
This is necessary in order to have time to resolve all organizational issues with the employee leaving and replacing the pregnant girl.
Common mistakes
It is necessary to distinguish between the concepts of “parental leave” and “maternity leave”. The second name is only conditional, oral, and should not be used in official documents. There is “maternity leave” and “child care leave”. The law does not provide for more types of leave related to the birth and upbringing of children.
Despite the free form of presentation, the order should not say “maternity leave.” This will be a gross mistake and may even bring those responsible for filling out such documents to administrative liability in the form of fines.
The order relates to personnel policy documents and is recorded in the journal of orders on personnel matters.
Step-by-step instructions for the early procedure
Each girl who decides to leave the legal leave granted to her early at her own request must perform a certain sequence of actions. Next, we will tell you how to interrupt your vacation early.
Submitting an application
Important . A few days before the expected exit date, you must notify the employer verbally and in writing.
A statement of intention to return to work is drawn up in any form addressed to the employer, it should indicate:
- date of resumption of work;
- conditions for performing duties (full-time, part-time, at home);
- termination or continuation of benefit payment;
- date of application and signature of the applicant indicating the position.
There is no need to attach additional documents to this application. This document is transmitted to the employer, who must issue the appropriate order.
Drawing up an order
The order is drawn up on the basis of the submitted application . A strict sample document has not been approved, but it should reflect the following points:
- reference to the application submitted by the employee;
- the approved release date and working hours;
- date of the last day of legal parental leave;
- an order to terminate or continue payment of benefits;
- order to amend personnel documents;
- date of release and signing of the order, as well as personal signatures of the employer, exiting employee and accountant.
Important . The employee’s personal signature is required to confirm that she has read the provisions of the order.
Filling out personnel documents
The head of the HR department will need to make appropriate changes to the personnel documents. Based on the issued order, changes must be made to the employee’s personal card regarding the termination of parental leave, indicating the date of its termination.
From what date does the employee begin her duties?
The employer's order must indicate the start date of work . Usually it is the date the order is issued, but it may be another day. It must be specified and agreed upon between the employer and the employee.
Next, you can watch a video on how to apply for early exit from maternity leave:
What to do if a temporary worker is hired to take the place of a maternity leaver?
According to the law, a girl on maternity leave has the right to leave leave at any time and begin working in her previously held position. Also, without the consent of the employee while she is on vacation, she cannot be transferred to another position or dismissed, only if the organization has not ceased its activities.
If a girl leaves her legal maternity leave early, the employee temporarily working in her position is either dismissed with payment of the required funds or transferred to another vacant position. It is for this reason that the girl must warn the employer in advance about returning early from vacation so that he has time to resolve all issues with the temporary worker.
Filling out the blank columns of the order form
At the top of the paper is written the full name of the company in which the employee is registered. After the name of the document “Order” located in the middle, its number and date of signing are immediately filled in. This information is fundamentally important for the organization’s personnel department and its accounting department. The main part of the order states:
- From what date is parental leave considered interrupted?
- Full name of the employee who expressed a desire to take leave to care for a child under 3 years of age.
- Job title.
- The structural unit in which the employee worked and where he goes.
- The document on which the order is based: a statement of desire to take leave.
At the very end are the signatures of the responsible persons: the exiting employee (employee) and the head of the organization (general director), who authorizes this exit (he has no other legal options for action).
This is important to know: Medical examination during vacation (if the employee underwent medical examination while on vacation)
Nuances of registration for part-time
Reference . According to Article 256 of the Labor Code of the Russian Federation, a girl has the right to leave nursing leave early and work both full-time and part-time or for a week; she can even take work home (if her position allows this).
This condition must be indicated in the employee’s application and stated in the order. However, the employer does not have the right to refuse the employee such a request .
You will also need to draw up an additional agreement to the employment contract, which must stipulate an updated work schedule until the child reaches 3 years of age. Breastfeeding girls, until the baby is one and a half years old, should allocate time in their work schedule for feeding, the duration of which is from 30 minutes every 3 hours for one baby and more than 1 hour for more children.
Find out more about whether you can go part-time while on parental leave while maintaining benefits and how to do this in a separate article.
Peculiarities of labor regulation for women returning from maternity leave
Both employers and employees returning from maternity leave should be aware of the special status of mothers with a child under three years of age. And the first feature concerns the payment of benefits from the Social Insurance Fund - they continue to pay it if the baby has not reached the age of one and a half years, and the mother went to work part-time or at home. Returning to full-time work, as well as after the child reaches one and a half years of age, excludes the right to material support from the state.
Other labor rights of mothers with children under three years of age are as follows:
- The above-mentioned right to part-time work (entitled to one of the parents) - Art. 93 TK.
- The right not to be dismissed at the initiative of the employer (except for culpable grounds for termination of the contract) - Art. 261 TK.
- The right not to consent to a business trip, employment at night, overtime and on holidays - Art. 259 TK.
- The right to breaks to feed a baby under one and a half years of age - Art. 258 TK.
Return from leave granted to the mother or another family member for the purpose of caring for the baby on time (that is, exactly three years) is not documented. The employee must begin work under the same conditions and in the same mode. If the mother decides to leave maternity leave early, she needs to write a corresponding statement. Working conditions, as well as further payment of benefits, will depend on the specific situation.
Does mom still have benefits?
The legislation provides two options:
- When the employee returns to full-time work, benefits are stopped, even if the child is not yet one and a half years old.
- When working part-time/weekly or at home, the employee is not deprived of benefits until the child reaches one and a half years of age. At the same time, she will also receive wages in accordance with the hours worked.
Attention ! The second option will be the most acceptable for the employee, since she does not stop her maternity leave, is involved in the labor process without losing existing skills, has time for the child and receives legal benefits.
You can find out how to apply for benefits in this material, and find out what the size of payments depends on, the calculation formula and other subtleties of applying for child care benefits, here.
Sample of filling out the form
To correctly prepare the document, you can use a sample order to interrupt parental leave for a child under 3 years of age. The form can be standard or developed individually by the organization.
In the second case, the form must be fixed in the accounting policy and may differ significantly from the standard one. This will not be a violation, since today there are no restrictions on the use of such forms.
What to do in case of refusal?
According to the legislative framework of the Russian Federation, every employer must hire an employee who, at his own request, intends to start working early. If the employer refuses, the employee has the right to write a complaint to the labor safety inspectorate .
You must also provide evidence. This may be a reasoned refusal in writing, or when sending an application by registered mail - a receipt and a copy thereof with a mark. In this case, the truth will be on the applicant’s side, since the employer is violating the rights of parents of young children and violating the law.
The result of such proceedings will be the employee’s reinstatement and the employer’s payment of a fine.
Does the employer have the right to force you to leave?
A girl’s desire to leave legal maternity leave early is voluntary. The employer does not have the right to force people to go to work earlier than scheduled . In this case, it is also possible to contact the labor safety inspectorate.
If you receive threats from your employer in the form of dismissal, you do not need to act on them and write a statement of your own free will, since in this case the girl will lose the opportunity to receive child care benefits (about whether it is possible to fire a woman who is on maternity leave , find out here).
Is it possible to apply for a vacation period for another relative?
Not only the mother, but also any other close relative who actually cares for the newborn can go on parental leave before the child reaches three years of age. At his place of work, this relative, for example, dad or grandmother, should provide the following documents :
- application for maternity leave;
- a copy of the birth certificate;
- a certificate from the mother’s workplace, which will confirm the fact of her going to work and her inability to care for the baby and receive legal benefits.
For your information . This chance can be used at any time until the child turns three years old.
From the video below you can learn more about the nuances of applying for parental leave for another relative:
Read more about whether a father can go on parental leave here, and how a grandparent can take a similar leave can be found in this article.
