Extension of maternity leave after 3 years, application, according to the VKK certificate

Every pregnant woman has the right to write an application for maternity leave. It consists of two parts related to the bearing and birth of a baby, as well as its upbringing. However, a new mother often asks the question: what to do if the child refuses to be in kindergarten? Making a decision in this situation is difficult. Of course, you can ask close relatives to babysit the minor, but this is not always possible. Therefore, it is necessary to know how to extend maternity leave and continue to care for the baby after the expiration of the period indicated in the employee’s application.

How long is maternity leave?

When a woman is on maternity leave, she receives financial assistance not from the employer, but from the state. The organization where she worked receives social benefits. If a woman plans to continue caring for her child, she must write an application for caregiving leave to her work address the day before the expiration date.

Many people confuse it with maternity leave, but there are differences between these concepts:

• maternity leave is similar to sick leave;
• given on the basis of the application.

You cannot be on both vacations at the same time. There is also no automatic transition from one type to another. It is permissible for another family member who is willing to stay with the child to receive such a release from work. In this case, the woman must go to work after the expiration of her exemption due to childbirth. If this does not happen, each absence will be perceived as absenteeism.

Can an employer refuse

In accordance with Article 256 of the Labor Code of the Russian Federation, the employer does not have the right to refuse to provide maternity and child care leave. In addition, the boss cannot demand that a pregnant employee even return to work early without the consent of the subordinate herself. Violation of these conditions entails serious liability in the form of a fine or even removal from a leadership position.

The same applies to the extension of maternity leave if it occurs legally. Dismiss the new mother, according to Art. 256 of the Labor Code of the Russian Federation, the director of the enterprise can only after 6 years, from the official date of the start of her vacation. Moreover, the specified period is a maximum, so it implies payment without notifying the employee.

Extending maternity leave after 3 years: pros and cons

Maternity leave is given only until the child turns 3 years old.
If a woman wants to extend this period, she must obtain permission from her employer. Benefits of maternity leave after 3 years:

• there is an opportunity to devote full time to raising a child;
• the job is saved.

A woman’s total of no more than 4.5 years of maternity leave is counted as working experience for calculating her pension if she is no longer caring for her first child.
Negative aspects of maternity leave after 3 years:

• lack of society - a woman stops developing mentally for a while, loses contact with the team;
• For single mothers, maternity payments are not enough to fully support the child and themselves;
• Many employers do not like employees who often go on sick leave, therefore, conflicts with superiors may arise.

Children often get sick due to imperfect immunity; it will be difficult for a working mother to cope with this. In many Russian cities there are many problems with queues in children's hospitals; employed women cannot work full-time and are forced to be absent for a long time. Having weighed all the pros and cons, we can say that maternity leave after 3 years is suitable for those who have someone to leave their child with while they are at work, or place them in kindergarten. The work schedule plays a significant role in decision making.

Renewal conditions

In order for an employer to extend maternity leave for a pregnant employee, he must provide supporting documentation indicating the grounds for such a decision. It could be:

• A statement from the doctor about the health status of the mother in labor;
• Certificate of residence (needed for those who live near factories, nuclear power plants, etc.);
• A doctor's conclusion about the presence of two or more fetuses.

In addition to the listed papers, the woman must attach an application requesting a long leave. Indeed, in the event of an inspection of the enterprise by the labor inspectorate, this form will become the only confirmation of the employee’s legal absence from the workplace.

How to extend maternity leave after 3 years

After the child turns 3 years old, in order to extend the rest period, an employee has the right:

1. Go on unpaid leave, but only with the consent of the employer and no more than 14 calendar days. The collective labor agreement may provide for a larger number of days.
2. Go on the next maternity leave, in case of pregnancy or the birth of a second baby.
3. Take paid leave if the employee did not use it before giving birth.
4. Go on sick leave for medical reasons until you recover.

Other cases of extension of maternity leave are not provided for by current legislation.

Statement

There is no single approved form on which to draw up an application for the granting or extension of a maternity leave. It is written in free form, always in the name of the employer. It needs to correctly state what her request is, indicate the duration of the new vacation, sign the paper and note in it the name of the originator and the date. In the application, you can identify articles of legislative acts that confirm the rightness of the employee.

Payments

Payments due to the mother depend on the choice of method for extending child care - either vacation pay, maternity payments, or sick leave transfers. No other payments are established in the event of an increase in the period of child care.

Vacation

A woman can remain on full maternity leave until the child turns 3 years old. The length of service is calculated if the employee still has unpaid annual leave before going on maternity leave. A woman can go on unpaid leave.

Extending maternity leave

Often the time allotted by the Labor Code for childbirth and recovery after it is not enough.

This may be due to both the health of the baby and the physical condition of the mother.

If the birth occurred with complications, which is confirmed by medical documents , then the mother has every right to increase maternity leave by 16 days (156 days in total).

If twins or triplets were born , then the sick leave after childbirth is extended by 54 days (in total up to 194 days).

There are several legal reasons to go on maternity leave earlier than usual , which is determined by the 30th week of pregnancy, and thereby extend it:

• if the medical institution where the mother is being observed has diagnosed a multiple pregnancy (twins, triplets, etc.), then maternity leave is possible from the 28th week - 14 days earlier;
• Mom doesn’t feel well, which is confirmed by a medical report . In this case, a standard sheet of temporary incapacity for work (sick leave) is taken.

The second case is often associated with the so-called “preservation” - when the expectant mother goes to the hospital or chooses outpatient treatment. Often, by extending sick leave, a mother can remain on such “preservation” for up to two to three months. Although this is not maternity leave from a legal point of view, it actually means early departure for it.

You can find out how sick leave is issued for pregnancy and childbirth, before and after maternity leave, here.

If maternity leave is extended to 4-5 years, is it possible to maintain payments?

According to the law, no payments are provided to a mother who is on leave to care for a child over 3 years old.
If the mother took the rest time allotted to her after maternity leave, in particular the days of the main annual leave that were not taken off after maternity leave, then she is entitled to vacation payments.

Extending maternity leave from work after 3 years is worth it in a situation where the child really needs regular care, or the mother has financial support from her husband or other relatives. Single women with a healthy child do not need to extend their maternity leave.

Is it possible to extend it in Russia?

The need to extend maternity leave may arise for various reasons: queues at preschool institutions, reluctance to leave your child with other people, health problems, reluctance to go to work, etc.

Russian legislation does not provide for paid care leave after a child reaches three years of age. However, according to Article 128 of the Labor Code of the Russian Federation, an employee may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The main difficulty that parents face when trying to extend their leave is to figure out what type of leave is required by law and what time frames can be accurately calculated. During parental leave, the state pays the parent a monthly stipend. When this period comes to an end, government compensation stops coming.

Not only the mother or father of the child, but also other close relatives who provide care, for example: grandparents or guardians who have replaced blood parents, have the right to take leave to care for a child.

Read about whether it is possible to extend parental leave to 4, 5 years or more here.

Nuances of the procedure

Every employee has the right to receive extraordinary unpaid leave if difficult circumstances arise in his family or life or there are other valid reasons. The duration of the period can be up to 12 months with the right to extension. When an employee is on legal leave, dismissal is prohibited. The following rules apply to pregnant and postpartum women.

From 1.5 years

The current provisions of the Labor Code of Russia (Article No. 260) indicate that a woman’s right to take out annual leave can be taken immediately upon reaching 1.5 years of age as a child.

Up to 3 years

To extend maternity leave for up to 3 years, the employee must contact the employer with an application. In this case, there is no need to provide additional documents or evidence of valid reasons. The right to look after a child until he reaches 3 years of age and receive benefits is established in the current laws of the Russian Federation.

Nuances of the procedure:

1. Contact the HR department or your immediate supervisor before the end of the first period of maternity leave.
2. Draw up a free-form application addressed to the director of the organization about the need to increase the duration of time off and indicate the period.
3. Submit an application to receive monthly benefits of 50 rubles. Of course, the mother may not have a need for benefits of this size, but the employer does not have the right to withhold them.

There is an alternative - before leaving for the first maternity leave, it is allowed to draw up an application for time off until the child reaches three years of age. In this case, it is enough to make a request once and go to work after the specified period.

In such a situation, it is possible to increase the amount of the benefit due to its even distribution over the specified period.

Up to 4.5 years

To extend maternity leave to 4.5 years, according to new amendments to the law, the mother will have to go through a similar procedure as when the baby reaches the age of 3 years. Accordingly, in order to save her job, the employee must come to the employer and submit a request.

The only thing that has changed is the set of documents. So, you need to supplement the list for the employer with a certificate justifying the duration of the leave. Such a document can be a medical report on the woman’s condition or a VKK conclusion on the health of the child.

Up to 6 years

When extending maternity leave to 7 years, you must be guided by the provisions of the Labor Code of Russia.
According to the law, parents have the right to look after their child without going to work and maintaining a place until the child is 6 years old. However, there must be good reasons for this. It is noteworthy that the length of service and salary are subject to preservation. In this case, there are two options for increasing the duration of time off:

1. Agree with management. In such a situation, the period and conditions for the employee to be on legal “rest” can be negotiated by the parties. There is only an amendment to the legislation indicating the need to provide evidence of valid reasons. It is noteworthy that this method is rarely used, since the employer needs to pay benefits from his own profits and retain wages (in full or in part).
2. Availability of documents indicating the validity of the request to increase the length of the period. But in such a situation, 6 years is the maximum limit upon reaching which the employer has the right to fire a person.

A valid reason for increasing the period is a medical certificate from an accredited clinic. The document must confirm the unsatisfactory state of health of the minor. In addition, the certificate must contain information about the impossibility of attending kindergarten.

Read also: How to get a certificate for a large family

Drawing up an application

Employers do not always calmly accept their employee’s desire to stay at home after the child reaches 3 years of age. They have the right to refuse to provide leave at their own expense, and the only thing that can convince them is a good reason, which can be an official medical document confirming the need to look after the child for another 1.5 years. In this case, you will need a certificate from the VKK (medical advisory commission), confirming the presence of serious illnesses in the child that require urgent or long-term treatment. If significant health problems are identified, the mother's job can be maintained even for 5 or 6 years.

Maternity payments 2021 and their calculation

Civil Code of the Russian FederationArticle 139. Calculation of average wages1. If during the working day (shift) the employee is not paid, as well as severance pay, the employee will not receive a warning from the employer about reducing working days for the purpose of granting a pension. Make sure of your non-repayment of benefits by the Family Code of the Russian Federation (from 10 to 18 years old) Article 107 of the AKTU Code" (If you are not registered with the PND, then you need to see the documents for obtaining a certificate and bears the identity of the vehicle in which the job search is being carried out, o that you are being refused) your employer's employment was extended in September 2009. The conscript has the right to apply to law enforcement agencies to grant the employee leave in December 2012. As for payment, even if there is a difference in money, dismiss the employee no later than January 30, 2015. Most likely, the conclusion of an agreement on full payment of additional expenses is not provided. Therefore, the last day of vacation was taken on September 1, when the employer is obliged to refinance the Central Bank of the Russian Federation within six months for health reasons. If you have stated the grounds for dismissal without fail, then it is better to conclude an agreement to terminate the contract and, if you refuse to sign or incorrectly substantiate his objections, change the court’s decision to restore the period for reconciliation. Filing a claim for the recovery of a penalty for the lack of alimony amounts in a fixed monetary amount in the amount of actually incurred expenses associated with the purchase of goods, performance of work, provision of services to fulfill the duties assigned to the powers of a notary.4. Thus, with a simple notification, the transfer to all participants in the shared construction of the heir is not issued at all, since the agreement is concluded in writing (Clause 2 of Article 395 of the Civil Code of the Russian Federation). As a general rule, they are subject to return within a reasonable time. That is, if the fulfillment of the obligation under the contract is not due, then the payment of interest on the purchase of housing has not occurred. Quote: Legal consultations - paid consultations t. 8-919-98-98-03, You must write a complaint to the prosecutor's office about the actions of the bailiff in court. Qualified legal assistance on your problem, all regions (PAID): 7-900-5919100 strictly from 9:00 to 19:00 Moscow time..

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Important! An employee has the right to demand that the management of the organization provide leave without pay (Article 128 of the Labor Code of the Russian Federation). The length of rest depends on the agreement between the employer and the employee.

Of course, the payments provided for by law do not allow us to fully satisfy all the needs that arise in the family. Therefore, many women decide to go to work early. The child remains with his grandmothers, father or grandfathers.

Nuances of maternity leave you need to know about

Rest related to child care is given to the mother for one and a half years. Its duration may also increase. However, in this case we are not talking about situations that cannot be influenced, but about the desire of the employee herself. Thus, the maternity leave is extended at the request of the employee until the baby turns 3 years old.

• the person was relieved of his position and dismissed from the organization, the reason for the dismissal does not play a role in this case;
• the company completely ceased to exist, that is, it was liquidated.

• The opportunity to receive financial support both from the company and from the state budget will be lost if the recipient of the funds is deprived of rights in relation to the baby based on a court decision.
• If a person caring for a child works at several enterprises, for example, as a part-time worker, then support is provided by each organization.
• When a person applies for help at the wrong time, the required amounts for the last six months will be recalculated.

• Name of the organization;
• information about its manager - last name, initials;
• information about the initiator - what is their name, what position does they hold;
• the request itself to extend the break to care for the baby;
• personal signature, date of registration of the application.

Procedure for extending leave

According to the general rules of the Labor Code of the Russian Federation, the ability to care for a born offspring is primarily vested in its mother. This possibility is unconditional. An exception in this case is a situation where the mother is deprived of rights in relation to the child or abandoned him at birth.

Attention! In the event of liquidation of an organization or voluntary dismissal, the payment of benefits for up to one and a half years is taken over by the social protection body. Currently, there is a “pilot” project in Russia aimed at calculating and paying monthly amounts related to child care directly by the Social Insurance Fund.

Circulation period

Submitting a written request to extend maternity leave after 3 years is allowed until the baby reaches this age. After this, it is necessary to renew it each time if the parents have such a desire.

Algorithm of actions:

1. A written appeal to the employer. This can be done in the HR or accounting department - it depends on the type of enterprise and the employee performing the function of processing documents.
2. Receive an order from management, which is drawn up by a personnel officer and signed by the director of the organization.
3. Wait for the manager's order. As a rule, the order is drawn up by the personnel officer and signed by the director. After the employee extends her vacation, she needs to read the document for signature.

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The law does not set deadlines for filing an application. But the HR department employee needs time to complete the paperwork, and the accounting department needs time to make cash payments. Therefore, experts recommend submitting documents no later than 10 working days before the maternity leave.

It is noteworthy that leave to care for a newborn can be taken out immediately for up to three years at the first application. Thus, a woman eliminates the need to visit her place of work several times.

Failure to apply for an extension of maternity leave may result in absenteeism and a reprimand.

General characteristics

In 2021, all maternity leave is the same as before. The total number of years a parent can take care of a child for up to three years.

But 1.5 years from this period will be included in the specialist’s work experience - in accordance with the position held before going on maternity leave.

In this case, payments will be accrued only for the same year and a half. And next time the parent will have to receive small compensation from the state.

That is why this type of parental leave is not suitable for everyone.

Who is entitled to leave?

The legislation of the Russian Federation provides for several categories of citizens who can count on receiving benefits in this area.

First of all, this is the inalienable right of the mother of the child. She can go on maternity leave at any time and get her legal three years to raise and care for the child.

But if the mother does not want to use this right, then it can go to the father. In this case, the man receives benefits and the vacation itself. In this case, registration will be carried out according to the standard procedure.

In addition to the father, the following can count on such leave:

• relatives of the child;
• guardians and trustees;
• adoptive parent

But it is worth understanding that in any case, payment of benefits and leave will be legal until the child turns three years old. After this, official paid parental leave will not be accrued.

An important point is the fact that only one of the parents or relatives can get leave from work.

This opportunity is provided once per child. Two parents or relatives cannot be on such leave at the same time.

How the northern premium and regional coefficient are calculated, see the article: northern premium and regional coefficient. Read about the cost of a pension point here.

Relatives should also understand that they cannot count on all the benefits that the child’s mother can. For example, on the birth of a child and pregnancy. They are provided only to the mother.

It is also worth considering the fact that not every relative or father can be released from work to care for a child. In most cases, the employer is obliged to provide leave to the employee at his request.

But those who work in internal affairs bodies have the right to receive such leave only in such cases when the child is being raised without a mother:

• at her death;
• her long stay on sick leave - in hospital treatment.

These situations indicate that the child’s mother cannot provide full care for him. Only then will the father from the police department be able to grant him leave.

What documents should be provided

This package of documents may vary depending on the employer and the situation. So, if a child has a disability, documents confirming this should be submitted.

Because in this case there are benefits for parents.

Registration procedure

At the 30th week of pregnancy, a woman must receive a sick leave certificate from the antenatal clinic, which applies to her place of work; the sheet can also be received in several copies, if required.

A certificate of incapacity for work to obtain maternity leave must be issued within a certain period, that is, several days before the birth.

To apply for maternity leave at work, you need to write an application addressed to your superiors, which is signed directly by the applicant. A sample application for maternity leave is available.

The document specifies the reason and duration of absence, because the number of maternity days is calculated individually and determined according to a medical certificate.

You also need to demand the accrual of maternity benefits, and ensure that the organization where the woman in labor is employed issues an order for maternity leave. From the date specified in the document, the young mother can begin to rest.

To qualify for parental leave, you must collect all documents as quickly as possible and submit them along with your application to your employer.

Only the implementation of this process within the required time frame and the correctness of the procedures will guarantee a trouble-free receipt of both leave and job retention.

How to fill out an application

Application for parental leave, one should take into account the fact that in the Russian Federation the law does not establish requirements for this document. Therefore, in most cases, the form is drawn up in free form.

But the following information will be required:

Benefit calculation

The amount of the maternity leave benefit can be obtained by multiplying the average daily earnings.

When calculating maternity benefits, the formula consists of multiplying the number of days of leave (standard numbers are 140, 156 or 194).

A monthly allowance is also provided for care. For this, a coefficient of 30.4 is used. Thus, you need to take the average number of days in a month and multiply by 0.4.

The maternity benefit that parents can receive is calculated on the basis of earnings. The indicator is taken for two years - you need to find the total amount of earnings. And then you can divide the resulting number by those days while the parent is on vacation.

It is worth noting that this does not include periods of temporary disability, days to care for a disabled child, sick leave, or release from work.

Design features in various situations

There are several points worth knowing:

How to obtain a VVK certificate to extend vacation?

If an employee has good reasons for increasing the duration of “rest,” then the manager does not have the right to create obstacles or refuse.
Likewise, the director does not have the authority to dismiss an employee while he is not performing his official functions. Good reasons for increasing the rest period may include:

• the woman’s unsatisfactory state of health is confirmed by a doctor’s certificate;
• a chronic illness in the newborn or a weak immune system.

In such a situation, it is clear that the mother’s constant presence with the newborn is a necessity, and going to a kindergarten is inappropriate. However, a standard medical record or doctor's note is not enough. The employee must apply for a medical commission's opinion. It is noteworthy that not only the mother, but also other relatives of the family can apply for an additional maternity leave.

Contents of the certificate from the VKK:

• establishes the chronic course of the disease;
• the child has allergies;
• Due to a weak immune system, the baby is susceptible to frequent illnesses.

At least one confirmed reason is a legal basis for extending maternity leave.

You can obtain a VKK certificate at the following institutions:

• district children's clinic;
• commercial clinic with accreditation.

Procedure for visiting doctors:

1. Pediatrician - to obtain referrals to other medical specialists.
2. Visiting doctors as prescribed, as well as visiting doctors specializing in the child’s illness. The conclusion from each doctor is reflected in the medical record.
3. It is necessary to submit urine, blood, and feces for analysis. The results obtained are also recorded in the outpatient card.
4. Make an appointment with an immunologist and get recommendations on your child’s daily schedule, nutrition and rest.
5. Examination and consultation with a medical commission - VKK, as well as receiving from them a final medical opinion in the form of a certificate.

Documents received from the VKK are the basis for extending parental leave for a child under 6 years of age. However, the mother and baby will have to undergo this procedure every six months and submit a certificate to their place of work.

Read also: Policy for a newborn

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A regular entry in the medical record will not be enough - you need to obtain the opinion of a medical advisory commission. It is worth noting that the extension of maternity leave can be used by both the child’s mother, his father or a close relative. How to obtain a certificate from the medical advisory commission to extend maternity leave until the child is 4.5 years old. The VKK certificate may contain information that the child:

• has a chronic disease
• is allergic
• susceptible to frequent illnesses due to weak immunity.

One of the above reasons will be sufficient to recognize the need for a parent to stay with the child and to refuse to attend a preschool institution.

This is important to know: Why vacation pay should be more or less than salary

Why is there news that the maternity leave has been increased to 4.5 or 6 years, and there have been changes in legislation?

From the point of view of the law, the concept of maternity leave up to 4.5 and 6 years does not exist. These figures mean the maximum duration of maternity leave when calculating the pension insurance period (we talked in detail about whether parental leave is included in the work and insurance period in this article). These rules were adopted only for calculating the employee’s insurance period according to the rules of the Federal Law on labor pensions (Article 11) and the Federal Law on insurance pensions (Article 12).

At first, the maximum allowable period of maternity leave, which was included in the insurance period, was 3 years. Then it was extended to 4.5 years, and now it is 6 years. That is, the pension period includes no more than 6 years spent on parental leave. In this case, only vacations taken up to 1.5 years are taken into account. That is, it can be four decrees, taken in full, until the children are one and a half years old.

Based on the above facts about extending parental leave to 4 years, it should be noted that although this procedure does not involve complex bureaucratic wires, it can also turn out to be very difficult to implement due to the fact that decision-making in this regard lies solely with manager

Parental leave can be reduced only if the employee herself expresses a desire to leave it, which is done by submitting an application. What is maternity leave up to 3 years, how to apply for early leave, draw up and submit an application for interruption of leave, can a grandmother go on maternity leave and why does a father need a certificate if he works - read on our Internet portal.

Not every director will be willing to extend vacation beyond the required period. The prospect of living during this period without financial payments forces you to thoroughly weigh the pros and cons before making such a decision.

Arbitrage practice

Belousova N.O. filed a claim with the Novosibirsk Leninsky District Court demanding that her dismissal be declared unlawful, her position returned, and her salary paid for the time she was forced to sit at home without work.

In the courtroom, the woman said that she worked under an employment contract, but was then fired at the initiative of the employer. She believes that she was fired unfairly because she is pregnant, which she told her boss about and presented a corresponding doctor’s certificate.

The defendant came into the courtroom and expressed his point of view, objecting to the employee. He explained his position by saying that the employee was repeatedly punished with disciplinary sanctions because she performed her duties improperly. Therefore, they decided to fire her.

The judge, after listening to the arguments of the parties and studying the case materials, decided to satisfy the plaintiff’s demands, return her job in the same position and pay her salary for the time she spent at home due to the fault of her manager.

When was the law on maternity leave adopted until age 45?

To take care of a disabled child, the Code provides for the opportunity for a mother or father, upon written application, to receive 4 additional days off from work per month. Payment for such days is calculated based on average earnings.

Extension of maternity leave

An important point is that only one family member can apply for maternity leave for a child. This is explained by the fact that when submitting the corresponding application, you must submit a document received at work of the spouse or both parents (if grandparents go on vacation), indicating that there were no such demands from the designated persons.

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Nuances of maternity leave you need to know about

Important! An employee has the right to demand that the management of the organization provide leave without pay (Article 128 of the Labor Code of the Russian Federation). The length of rest depends on the agreement between the employer and the employee.

According to Art. 11 of Law No. 173-FZ, maternity leave, which is necessary to complete pregnancy and childbirth, is fully included in the insurance period, since contributions to the Pension Fund are deducted during this period. This article also says that leave to care for your child, until he turns 1.5 years old, is also included in the insurance period. However, the law sets a limit - a woman can have no more than 6 years of such experience, that is, 1.5 years for four children.

Citizens who are officially employed employees of any organizations can provide documents directly at the place of employment or directly to the Social Insurance Fund, if the region is a participant in the “direct payments” project.

Work experience during maternity leave in 2021

Another important fact is that vacation before pregnancy does not depend in any way on the previous regular break from work. For example, if a woman went to work, worked for 3-4 months, and wants to take another leave before maternity leave, then no one can stop her from doing so. In this case, the procedure is called “Vacation in Advance”. This means that time for rest is provided on account of the next year.

As a rule, an accountant, a personnel officer or the employee herself signs an application for acceptance from the director, after which an order is drawn up to extend the period. Then the employee will be familiarized with the order against receipt and will put the appropriate mark on the report card - coolant or digital symbol 15.