How to apply for an extension of parental leave up to 3 years? Sample application

How to extend the vacation period - ways

When deciding to stay with a child under 3 years of age, a woman must contact the human resources department, accounting department, or directly to her boss to arrange an extension of maternity leave. In this case, you must write a statement to inform your superiors about your plans.

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.

To extend the rest period, you need to choose one of the following methods:

1. When maternity leave ends, the woman writes an application for parental leave for up to 1.5 years and for the assignment of benefits. After this period, he writes an application again to extend the period to 3 years.
2. To avoid unnecessary paperwork, you should immediately write an application for a three-year vacation period and the assignment of benefits, then you will not have to come to work for the sake of bureaucratic procedures.

How to register after 1.5 years?

The need to extend the period of child care will be required if the employee’s original application contained a request for leave of up to 1.5 years, and the order was drawn up for precisely this duration of the break from work.
How to extend vacation after 1.5 years? To do this you need to perform several steps:

1. The employee should write an application requesting leave from 1.5 to 3 years of the child.
2. Personnel officer to prepare a new order from 1.5 to 3 years.
3. The director approves the order.
4. The employee can familiarize himself with it against signature.
5. The personnel officer should enter a vacation entry in section 8 of the personal card.
6. The person responsible for recording working hours must indicate the child care designation on the timesheet - OZH or 15.

If you wish, you can additionally submit documents for a benefit from 1.5 to 3 years in the amount of 50 rubles.

Sample application

An employee’s appeal to management must be made in writing. By analogy with an application for leave up to 1.5 years, a text is written expressing the intention to use the right of rest to care for a child up to 3 years old.

The form is addressed to the director of the company; the title may not be indicated. The main thing is to correctly state the essence of your intentions. To be more convincing, you can provide a link to Article 256 of the Labor Code of the Russian Federation, which allows you to rest until the child is three years old.

The text contains a request to provide leave from a specific date until the child is 3 years old.

The date corresponds to the next day after the end of the one and a half year vacation period.

Important! The end date of the vacation period is not indicated; the employer will calculate it independently and indicate it in the order.

Sample application for extension up to 3 years (vacation up to 1.5 years for a child ends on June 20, 2019) -.

Example of an order

The application is submitted to the personnel department, accounting department or boss, depending on the internal structure of the enterprise. The manager’s visa is stamped on the form, after which an order is filled out stating that the vacation has been extended from 1.5 to 3 years in the T-6 form.

In form T-6, sections B and C should be filled in with data on the duration of the vacation, the beginning and end of the rest period.

Sample order for extension up to 3 years - .

How to make an application?

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

There is no unified application form for extending the period of stay with a child until he reaches 3 years of age. It is written in free form, but when compiling it it is necessary to take into account the main points:

1. In the header, indicate the position of the manager and the position of the maternity worker, last name, first name, patronymic to whom and from whom it was given.
2. Formulate what type of leave must be provided to the applicant (leave to care for a child up to 3 years old).
3. It is mandatory to write the child's last name, first name, patronymic and date of birth.
4. Indicate the date on which leave is required (as a rule, care leave is taken from the day following maternity leave).
5. Add a request for a compensation payment from the employer.
6. List the attached documents.
7. Sign and indicate the date of the application.

• applications for extension of parental leave up to 3 years
• applications for extension of parental leave up to 3 years

The following documents must be attached to the application:

• a copy of the child's birth certificate;
• a certificate from the father’s place of work stating that he did not apply for parental leave and is not on it.

Vacation registration

Rest periods provided for by federal law for citizens who care for minors are included in the length of service. This is why “staying at home” and looking after children is even beneficial.

It is important to know! The mother can work at home or on a part-time basis, but she will retain the authority to receive benefits.

Step-by-step algorithm

The decree is drawn up in accordance with the norms established by law. In order to take a vacation, a person entitled to it does not need to do many actions:

1. Write a petition in a free format or according to the sample presented in the article.
2. Collect some documents.
3. Submit the application and papers to the personnel service of the enterprise.
4. Wait for the manager’s order to grant leave from such and such a date.
5. Actually, start relaxing and caring for the minor.

There are 2 options:

1. First, register your vacation, and after that, deal with benefits.
2. Or you can do all this within one procedure, indicating in the application the need to provide both the required rest and cash payments.

Required documents

The list of required papers depends on how the procedure is carried out. If both benefits are issued at the same time, then the list required to be provided is regulated by Part 6 of Art. 13 Federal Law No. 255:

1. An application for the assignment of benefits, drawn up in free form, but containing the mandatory details specified in clause 6 of Order of the Ministry of Health and Social Development No. 1012n dated December 23, 2009 “On approval...” + a request for leave.
2. Birth certificate of the minor you plan to look after.
3. A certificate confirming the birth of the insured person's previous children.
4. A document issued by the other parent at work stating that he does not use vacation and that no cash benefits are paid to him (if this person does not work or is a full-time student at an educational organization, then the corresponding confirmation is taken from the social security authorities).
5. Certificate in the form approved by Appendix 1 to Order of the Ministry of Labor No. 182n dated April 30, 2013.

The Labor Code of the Russian Federation says nothing about the list of documentation provided separately for vacation, without an application for benefits. But it seems that the caregiver worker will not have to submit much paperwork:

1. Application in a free format (can be found below).
2. Birth certificate of a minor.
3. A certificate from the place of work of the second parent confirming that he did not receive appropriate benefits.
4. Other documents at the request of the employer.

Number of applications

Maternity leave is usually divided into two periods. In connection with this circumstance, a mother or other person caring for a minor can write 2 statements:

1. The first must be written for any period, but no more than until the child turns 1.5 years old (for example, you can write a request for leave for 1, 3, 6, 7, 8, 10, 13 and another number of months, up to 18 inclusive).
2. The second can be issued after the minor is 1.5 years old.

Accordingly, there are many situations:

1. The caregiver takes leave for, for example, six months, then goes back to work and loses the right to benefits that could have been received until the child turned 1.5 years old.
2. He asks the employer to provide a rest period for 1.5 years, then does not write a second application and begins to work as usual.
3. Writes a petition for the period until the child turns one and a half years old, and then draws up another one - for 2, 3, 6, 7 and any other number of months, but no more than until the date the minor reaches 3 years. During the period when the minor is between 1.5 and 3 years old, you should not count on benefits (regardless of whether the caregiver is on vacation or not).

Attention! There is no automatic extension of leave; only an application procedure is provided.

Submission deadlines

By virtue of ab. 1 tbsp. 256 of the Labor Code of the Russian Federation, an application for leave due to the need to look after a minor can be submitted at any time, but no later than the child turns three years old. Accordingly, the leave will be the difference between the date the minor reaches 36 months and the day it is actually issued.

For example, a minor citizen is already 1 year old. If the mother decides to take advantage of the right to rest provided by law, then in fact she will be able to “stay at home” for no more than 2 years.

The duration of the benefit payment is influenced by the fact when the leave was taken. In Part 1 of Art. 11.1. Federal Law No. 255 states that money is paid for periods starting from the date of provision of the required rest and until the minor turns 1.5 years old. Accordingly, if you apply for vacation pay at the moment when the minor is already 1 year old, then you can receive benefits from the employer only for a period of 6 months.

Advice! You must apply for payments no later than six months after the child reaches 18 months (Part 2.1, Article 12 of Federal Law No. 255). The date of granting leave does not affect the countdown of the specified period.

Rules for writing an application for maternity leave

Going on maternity leave requires documentation. An application, both separately for leave and together with a request for benefits, is drawn up according to the same rules:

1. Design method: by hand or using typewritten techniques.
2. It is mandatory to have a “header” in which the addressee and sender of the application are written, that is, the employer - indicating the organizational and legal form of the enterprise, the full name of the manager, and the employee - full name, personnel number, and position held.
3. The name of the document is written in the center, for example, “Application for parental leave.”
4. Next comes the main text, starting with the words “Please provide me.”
5. The text of the application must include the child’s full name, date of birth, and his status in the family.
6. If a benefit is required at the same time as a vacation, a corresponding request is written.
7. At the end, the date of completion and the signature of the employee are indicated.

Sample of a finished document

In order to properly prepare for going on legal leave, you should correctly draw up all the papers. You can download ready-made samples on our website:

• 1st application submitted before the minor turns 1.5 years old;
• 2nd application, granted until he reaches 3 years of age.

Submission deadlines

The application must be submitted a few days before the end of the previous vacation, since the extension of the vacation is issued before the end of the previous period. That is, if a woman was on maternity leave for up to 1.5 years and wants to extend it to 3 years, she must come to work and write an application in advance, at least a few days before the child turns 18 months.

If at the time of returning to work the employee has not received an application for an extension, and she is not at work, she may be given absenteeism. This is a reason for dismissal at the initiative of the employer.

Is it possible to extend the term to 3 years?

According to the law, the duration of vacation time to care for a child is 3 years. In practice, different employers implement this in two ways:

1. They receive from the employee an application for leave for up to 1.5 years with the assignment of benefits, and issue an order for up to 1.5 years. At the end of this period, the employee writes an application for extension, and the employer approves the corresponding order;
2. They receive two applications from the worker: for leave for up to 3 years of the child and for payment of benefits; based on these applications, an order is formed for up to 3 years. In this situation, there is no need for an extension from 1.5 to 3 years.

In fact, it is more correct to use the second method; this eliminates unnecessary actions with papers and reduces document flow.

An employee can at any time suspend the period of leave for up to 3 years and return to work ahead of schedule. The return may be temporary; after some time, the employee may leave work and continue caring for the child.

Initially taking leave only for up to 1.5 years will not be a violation of labor laws. However, there may be some inconveniences for both parties due to the need to prepare additional documents:

• the employee will have to appear at the place of work to apply for an extension;
• the employer will have to approve the application, prepare an order, and make an additional entry in the personal card.

Thus, it is possible to extend the leave after the child is 1.5 years old until he reaches 3 years old. The consent of the authorities is not required for this.

Amount of benefit and its payment

An important factor for a woman to be on official maternity leave is the payment of benefits. During the period of caring for a newborn and infant child until he is one and a half years old, the employee is guaranteed a benefit in the amount of 40% of the average monthly earnings calculated for the 2 years preceding the year of maternity leave.

An employee, while caring for a baby, can go to work part-time or work from home. In this case, the payment of benefits remains. But all this applies only to the period before the child reaches 1.5 years.

As for extending the rest period to 3 years, the state can help not with benefits, but with presidential, or “Putin”, payments for the child - from January 1, 2021, they are paid until the child turns 3 years old.

A new law, adopted by the State Duma at the instigation of the Russian President, regulates the procedure for paying monthly state benefits for each child born until he turns 3 years old. Changes were made to Federal Law No. 418-FZ. The payment amount is equal to the subsistence minimum per child in the region.

However, not everything is so simple; there are some conditions for receiving a new child benefit:

• Benefits up to 3 years of age will be paid only for the first and second children. In addition, families in which a child was born no earlier than January 1, 2021 will receive payments.
• The new allowance will be provided to families where one family member accounts for less than two times the subsistence minimum for those of working age.
• Only a woman who has given birth or adopted a child can apply for benefits. In the event of her death or deprivation of parental rights, the father or guardian can apply for payment for up to 3 years.
• Both parent and child must be citizens of the Russian Federation and permanently reside in Russia.
• The benefit will be accrued from January 1, 2021.
• Non-use of maternity capital. It is quite likely that after the birth of the child you invested it in a mortgage. But funds for benefits up to 3 years for a second child are taken from your maternity capital, which means you cannot count on these payments.

Standard periods of maternity leave

The concept of “maternity leave” today includes the entire period of absence of an employee from the workplace due to pregnancy and the birth of a child. But from the point of view of legislation, the following periods of maternity leave are distinguished:

• for pregnancy - a woman goes on maternity leave at 30 weeks of pregnancy;
• for caring for a newborn - until the child reaches 1.5 years of age;
• for child care - often young mothers remain at home until their children reach 3 years of age, which is explained by the peculiarities of enrollment in preschool institutions (kindergartens).

From the point of view of legislation, namely in accordance with Article 255 of Law No. 197-FZ of December 2001, the following periods of maternity leave are established:

• 140 days: of which 70 days before delivery and 70 after - in case of a singleton pregnancy and no complications during childbirth;
• 156 days: 70 days before and 86 days after childbirth - if the woman needed a cesarean section;
• 194 days: 84 for before and 110 after childbirth - for multiple pregnancies.

During the specified time, the employee receives the average salary calculated for the last year - before the pregnant woman went on maternity leave (the amount of official payments from the employer for the year is divided by 12 months). Then, until the child reaches 1.5 years of age, the employee is paid 40% of the average earnings calculated for the last 2 years of work. An increase in rest in the future is possible, but it will not be paid (only children's money - 50 rubles monthly).

A simple diagram of the procedure for receiving payments will help you deal with maternity payments. Only the period intended for caring for a newborn - 1.5 years - will be counted in the mother's length of service; the rest of the time is not paid and is not counted towards the total work experience.

Rest after reaching the age of three

Unfortunately, the legislation in our country does not take into account the widespread practice of shortage of places in kindergartens even after a child reaches the age of three. Therefore, today there are no laws on increasing the period of care for a child until he is placed in preschool institutions.

This issue has to be resolved personally with the employer (find out whether it is possible to extend parental leave after 4, 5 and 14 years).

The output could be as follows:

1. Take annual paid leave after the end of the period of care for up to three years on the basis of Article 260 of the Labor Code of the Russian Federation.
2. Take leave without pay of any duration on the basis of Article 128 of the Labor Code of the Russian Federation.
3. Receive unpaid leave in accordance with the collective agreement.

Article 260 of the Labor Code of the Russian Federation. Guarantees for women in connection with pregnancy and childbirth when establishing the priority for granting annual paid leave

Before or immediately after maternity leave, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer.

An important aspect for improving the demographic situation in the country is decent material support for people on forced leave to care for children. Not all children's institutions accept children even from 3 years old, not to mention an earlier age.

Therefore, legislators need to provide an opportunity for parents to wait in line with the least damage to the family budget by increasing and indexing child benefits.

The Labor Code regulates labor relations between employer and employee, where separate clauses highlight the representation of the interests of working socially disadvantaged groups of the population, which include mothers. Motherhood is not a reason for losing a job; as part of the implementation of social guarantees, the employer is obliged to provide maternity leave for a working mother.

This article will discuss the main aspects of parental leave, their legal component and the procedure for registering this type of leave in an organization.

1. Types of parental leave
2. Receiving child care benefits
3. Legal features of parental leave for children under three years of age
4. Registration of parental leave for a child up to 3 years old
5. Application for parental leave for a child up to 3 years old
6. Regulatory legal acts regulating the right of employees to parental leave (Labor Code of the Russian Federation)

Is it possible to be on maternity leave for up to 4.5 years?

The Labor Code of the Russian Federation only speaks about the possibility of being on leave to care for up to 3 years of a child. Are there any laws, in addition to the Labor Code of the Russian Federation, that allow the parent of a minor to be on maternity leave for longer than this period?

The legislation does not contain any provisions, laws, or decrees that would establish the possibility of extending maternity leave after 3 years. Nowhere is there any mention of the possibility of extending it to 4.5 years.

Many people confuse the extension to 4.5 years with taking into account maternity leave in the pensionable service.

There is law 427-FZ, which states that the length of service for calculating an old-age pension includes maternity leave - full maternity leave, partial child care leave - no more than 4.5 years with all children.

Previously, only 3 years were taken into account, that is, this period, counted towards length of service, has been extended to 4.5 years.

At the same time, the maximum duration of maternity leave for one child is still 3 years.

This question usually arises in those families where the child does not receive admission to kindergarten until the age of three. What should parents do with a child for whom there is no place in kindergarten yet? Go to work, leaving the child with a grandmother or nanny, or quit? What options are there for the development of events?

You can go on annual leave immediately after maternity leave without going to work - Article 260 of the Labor Code of the Russian Federation allows you to do this, the duration of rest will be 28 days, but it is important that such a right is not used before maternity leave. Annual leave will extend the child's stay by only 28 days. What to do next?

You can take leave without pay - Article 128 of the Labor Code of the Russian Federation contains the procedure for providing such unpaid leave. It is important to obtain consent from management. The duration of leave without pay is not limited and depends only on the agreements of the parties.

You should also contact the local regulations of the organization, study the collective agreement, perhaps somewhere it is said about an additional guarantee for employees with young children in the form of an extension of maternity leave after 3 years.

Useful video

To find out whether carer's leave has been extended to 4.5 years, watch the video:

Types of parental leave

The birth of a child is a joyful event for parents, and so that this joy is not overshadowed by the loss of a job and a decrease in family income, our country has social guarantees to help mothers and children. A young mother can choose for herself, based on her personal (family) capabilities, how long she will care for her child.

In this case, the employer is obliged to support the employee by issuing all social benefits and providing appropriate leave. The legislation provides for several types of parental leave for working young mothers:

• Maternity leave is issued 70 days before the approximate date of birth. In this case, leave can be issued earlier by the decision of doctors. To do this, you need to obtain the relevant documents from the medical institution and provide them to the employer.
• Child care leave up to 1.5 years and up to 3 years. In essence, this is the same vacation, the difference in duration and amount of benefits. This leave is provided to mothers who do not want to leave their babies unattended at such a tiny age.

Who can get it?

Article 256 of the Labor Code of the Russian Federation states that the following have the right to apply for this social guarantee:

• mother/father of the child;
• grandmother grandfather;
• other relatives who actually care for the child.

However, this social guarantee can only be used by one family member.

Leave is granted on the basis of an application written by a working citizen, as well as a package of all necessary documentation (this issue will be discussed in more detail below in the text), at the end of maternity leave (maternity leave).

Receiving child care benefits

When receiving wages, every citizen of our country knows that the employer has an obligation to transfer contributions to insurance funds that provide employees with various social benefits. That is, this means that, if necessary, a working citizen has the right to receive financial assistance from social funds.

This also applies to working young mothers.

Like regular annual maternity leave, as well as child care leave, it is paid. The difference is that maternity benefits are paid not by the employer (to clarify, it is necessary to say that the direct payment is made by the employer, but subsequently he receives compensation), but by social funds, which are calculated from the average monthly income for the last two years.

The employer's share is a small monthly compensation in favor of the working mother. To apply for benefits, an employee must submit the following documents to the human resources department or accounting department of the organization in which she is employed:

• While on maternity leave after the birth of a child, a young mother must write an application for child care benefits;
• Issue a sick leave certificate according to the appropriate form at a medical institution;
• If during the last two years the employee has changed her place of work, it is necessary to submit a certificate with calculation of wages from previous places of work;
• An employer does not have the right to dismiss an employee who is on maternity leave, or to reduce her position.

What is the deadline for writing an application for parental leave?

Parents who have given birth to a baby can apply for leave to care for an infant up to 1.5 years of age. At the same time, they are required to submit an application to the head of their institution.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The style of address in 2021 remains the same as in previous years. According to the law, an employee planning to provide for the upbringing of a baby is obliged to notify the manager about this no later than 14 days in advance.

After the baby reaches one and a half years, you can extend the leave to raise the baby until he is three years old by filling out the appropriate application, as in the first case, 14 days before the end of the first leave.

( Video : “Child care benefits in 2021”)

How to apply

In order to extend maternity leave until the child is three years old, the maternity leave must:

• arrive to the employer before the end of the one-and-a-half-year vacation;
• submit a prepared application for extension of leave;
• do not forget to indicate the need to assign benefits for the second period of vacation, the amount of which is 50 rubles.

It should be borne in mind that you cannot refuse to receive such a small benefit, since its appointment and issuance are directly related to the provision of additional parental leave until the child turns three years old.

Please note! If a woman applies for three years of leave at once, because she does not plan to go back to work earlier, then the payment of the first year and a half benefit can be extended over three years.

In this case, monthly payments will be smaller, but they will be made monthly for three years. Many women have already used this method.

What documents need to be attached?

When applying for parental leave, you must prepare the following supporting documents:

1. A photocopy of the baby’s birth certificate or a document establishing guardianship over the baby. When raising a child by strangers, it is required to submit documents certifying the family relationship of the person raising the child. When a baby is born abroad, birth certificates are drawn up at the consulate of a foreign country or municipal authorities. The foreign document must be translated into Russian.
2. A document from the second parent from the institution where he works, stating that for this period he does not use such leave in his institution. Such a form can be drawn up in free form, however, in practice such a document is often drawn up on the company’s letterhead. If parental leave is taken by another member of the family in which the baby was born, both parents of the child must present such certificates. If one of the parents has multiple jobs, these documents are provided from each institution where he works.
3. Certificate of salary for 2 years (form 182n), on which insurance premiums were calculated. Such a document is submitted by employees who have recently been hired to determine the amount of benefits, since information on their salaries is not available.
4. Application for changing periods for determining the amount of benefits. This right belongs to an employee who recently had a baby and has already taken leave to care for her first child. This change is made only in such circumstances when the amount of the benefit determined based on the data of the 2 years being replaced is higher than for the last 2 years.

Attention! If one of the parents does not work, then it is required to present a document stating that he is not paid benefits for an infant under 1.5 years old from the social security offices.

Below is an example of an application listing a list of documents.

Benefit payment procedure

Child care benefits are usually paid monthly on the same days that the company's employees receive wages.

Here the mother in labor can choose two options:

1. The benefit can be issued to an employee on the days the employees receive an advance payment for the current month.
2. The payment can be made to the employee on the day the employees receive their salaries for the previous month.

At the same time, the employee can receive all benefits at once, provided that she submitted an application before the child reaches 2 years of age.

When submitting an application after the child is 2 years old, the decision to issue benefits is made by social insurance. To do this, you will have to write an explanation to this body about good reasons that did not allow you to timely file an application for raising the baby.

The institution does not have the right to pay benefits several months in advance. If such a fact is revealed, social insurance inspectors have the right to refuse compensation to the institution for payments made.

The method of payment of benefits is chosen by the employee independently. (for example, to a bank card). If this method was used in the institution previously, when the employee was working, then it is not necessary to display the details in the application.

If the employee wishes to receive benefits by another method (for example, to a personal bank account or by postal transfer), then in order to transfer benefits she must display all the details in the document as an attachment to the written application.

and an application form for parental leave

How to write an application for parental leave for a child up to 1.5 years

There is no special form for drawing up such an appeal. This document is drawn up according to the same accepted rules as other similar statements. It can be drawn up on an ordinary A4 sheet manually, or printed on a computer. In both cases, the document must be signed personally by the applicant.

Some institutions have ready-made templates for such documents, so you can use this template by inserting your data there.

• The application must be completed from the right corner at the top of the page with information about the addressee displayed (name of the institution, position of the head and his full name). This information is displayed in the dative case.
• Then, just below, fill in the applicant’s details (position, full name of the employee, workshop or department where he works). This information is shown in the genitive case.

Next, stepping down, indicate the name of the appeal - “APPLICATION”.

• The text of the appeal politely expresses a request for leave (example: “I ask you to grant me leave to raise a baby”). In the same part of the text it is necessary to display the baby’s data (full name and date of birth).
• Then, you need to display the time for which the employee wants to take leave, displaying the end date of the leave. It can be clarified that leave is taken until the baby reaches one and a half years old.
• In the next paragraph of the text of the appeal, you need to make a request for the accrual of benefits. (If there is no such request in the application, you will have to draw up another document to receive money).
• Here you will also need to display the method by which the employee wishes to receive money (cash at the institution’s cash desk, credited to a bank card or other bank account, etc.). When using a method of receiving money unknown to the institution, you must fill out the details on a separate sheet and attach it to the application.

After the content section of the appeal, you need to enter the phrase “APPENDICES” and make a list of all documents attached to the appeal, indicating the number of sheets in the displayed item.

At the end of the application, as in any other document, the date of completion and the signature of the applicant are indicated.

Application for extension of parental leave

Russian legislation guarantees the expectant mother to be provided with paid maternity leave, starting before childbirth and ending after it. After completing maternity leave, a woman has the right to leave to raise a child until he is 3 years old.

In this case, vacation up to 1.5 years is paid, and after one and a half years of age up to 3 years, compensation is paid.

To continue the leave, the mother must submit an application to the management of the institution for additional leave, providing the necessary documents to justify it.

• A woman should know that until her baby is one and a half years old, she should receive a benefit in the amount of about 40% of the average salary for the final two years.
• After the baby is 1.5 years old, the mother has the right until the baby is three years old to receive compensation in the amount of 50 rubles per month.

The legislation of the Russian Federation determines that in order to calculate benefits for each of the leaves that are related to maternity (maternity, up to 1.5 years, up to 3 years), a woman must provide the following documents with a written application.

• Paid maternity leave is provided to a pregnant woman with sick leave. At the same time, from an early age, a woman needs to regularly visit an antenatal clinic to determine the due date so that the doctor can issue a sick leave certificate.
• During a standard pregnancy, leave is required for 70 days before childbirth and 70 days after childbirth. In some cases, if there is a multiple pregnancy or the expectant mother lives in a region with increased radiation, such leave may be extended.
• As a result, depending on the circumstances, maternity leave can range from 140 to 210 days.
• A sick leave certificate is issued and provided to the institution before the onset of childbirth. If the birth occurs prematurely, the sick leave is extended for the required number of days after the birth.

Maternity leave is paid for the following categories of persons:

• Officially working women.
• Dismissed during the liquidation of an enterprise during pregnancy.
• Students of higher and secondary educational institutions.

According to the law, it is not necessary to submit an application for maternity leave - it is enough to present a sick leave certificate to calculate maternity benefits, which must be paid within 10 days. However, some institutions require such a statement to be written with a sick leave certificate attached.

Upon completion of the sick leave period, you are required to apply for parental leave until the child reaches 1.5 or 3 years of age. Such an appeal can be written by both the baby’s mother and each family member or close relative, attaching substantiated documents.

If a woman decides to start work before the due date, the accrual of benefits will be stopped. She will only receive a salary. In this case, receipt of benefits can be registered for another person in accordance with the legislation of the Russian Federation.

Order on granting leave to an employee

After receiving an application for leave, the head of the company issues an order in which the woman must sign.
A copy of the order is handed to the vacationer. The document displays the following information:

1. Details of the institution (can be compiled on company letterhead)
2. The name of the document (order), assigning it a number and date of publication.
3. The content of the text sets out the essence of the order corresponding to the employee’s statement:
4. About the allocation of vacation with the display of its start date and end date.
5. On the accrual of monthly payments until the child turns one and a half years old.
6. About compensation in the amount of 50 rubles until the child reaches 3 years old.
7. About the responsible person who is entrusted with control over timely payments.
8. Grounds for drawing up the order (petition of the employee).
9. Signature of the head of the company.
10. List of persons to review the order.

Leave – application to care for a disabled child

Parents who care for a disabled child are provided with a number of government benefits.

These benefits include:

• Formation of a special working day schedule.
• The inability of the manager to fire such an employee (except for his desire).
• Special rules for granting leave.
• Each parent of a disabled person is entitled to additional paid leave.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

A family caring for a disabled child has the right to receive 4 days of additional time off per month. Time off can be provided either to one of the parents in full, or distributed between them at their discretion.

Naturally, each application for leave must be supported by relevant certificates from the other parent’s institution. Such a document is not required when raising a disabled person independently.

Russian legislation allows, at the birth of a child, to care for him for up to three years with release from work, but maintaining a job. But the basis for granting such leave is an application submitted to the employer.

It is impossible to simply not go to work after maternity leave, believing that the mother automatically went on maternity leave. In this case, absenteeism will be considered truancy.

Writing an application is mandatory.

Based on the provisions of the Labor Code, both the mother herself and any other close relative of the child who is officially employed can go on maternity leave. How to correctly write a statement about the need to stay with a child under three years old in 2019?

Who can apply?

In most cases, at the birth of a child, an application for leave to care for him is submitted by the mother of the baby.
Today, many people have the right to request leave to support a small child. So, for example, such a petition can be submitted by the father of the baby, also by a person who is not related to the mother of the newborn. Guardians, grandparents or other relatives may also request such leave. To do this, along with a request for leave to care for a baby, the applicant must provide a package of documents provided for in clause 54 of Order No. 1012n of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009.

Legal regulation

The right to receive leave to care for a born or adopted child can be used by any family member who will directly care for him (Article 256 of the Labor Code and Art.

14 Law No. 81-FZ). It should be borne in mind that this is a right, not an obligation of the employee.

Therefore, leave is granted solely at will and in writing.

The maximum period of child leave is limited by the age of the child - until he reaches three years of age (parts 1 and 2 of Article 256 of the Labor Code).

The person caring for the baby will receive benefits all this time, but in different amounts. Moreover, up to the age limit of 1.5 years, depending on the salary that the boyfriend received before the start of the vacation, and after 1.5 years - 50 rubles + regional coefficient per month.

An application is written immediately after the expiration of the sick leave certificate issued in connection with pregnancy and childbirth. The mother or another relative can indicate in it the age at which the child is taken on maternity leave:

• up to one and a half years old;
• up to three years old.

In the first case, at the age of 1.5 years, if you need to extend your vacation, you will have to approach the employer and write a new application. If the provision of up to three years was immediately indicated, then nothing else is written.

The exception is the desire of the boyfriend to go to work earlier than this date. Early exit is possible only upon written application.

What documents will be required?

Leave is granted on the basis of the following documents:

• a personal statement from an employee who is a relative of the child who will be cared for;
• copies of the baby's birth certificate;
• order for the organization, issued on the basis of an application submitted by employees.

To calculate the monthly benefit, which is paid to the boyfriend until the child reaches 1.5 years of age, in addition to the application, attach a certificate from the spouse’s place of work stating that he does not go on parental leave and does not receive benefits. If the spouse is not officially employed, it is necessary to submit a certificate from the social security authorities.

In what cases can maternity leave be extended?

The right of women to be released from work in connection with bearing a child and its birth (adoption) is enshrined in Art. 255, 256 of the Labor Code of the Russian Federation. Female employees of enterprises can apply to the manager for a reduction in the statutory rest period or an increase in the vacation period.

Maternity days off are expressed in three time periods:

1. prenatal leave . Its standard value is 70 days before the probable birth of a child. The basis for registration is a sick leave certificate for pregnancy;
2. rest after joining the family . Addition is possible in two ways: by adopting a foster baby no older than three months and by the appearance of a newborn. In both cases, parental leave is granted until the child is one and a half years old. When the child is your own, part of the weekend - 70 days - is provided as part of the certificate of incapacity for work. This period is extended if the birth is complicated by unusual circumstances;
3. leave to care for a child until he turns three years old . To get it, when the child reaches 18 months, they write an application for another same period.

The number of days off during maternity leave increases by 16 days if the birth was accompanied by complications or occurred prematurely - during the period of 22-30 weeks of carrying the baby. The mother's time on vacation increases by 54 days with the unexpected appearance of twins or triplets. The need to issue an additional sick leave is determined by the doctor.

A cesarean section is not considered a complication if it is performed as planned in a standard manner.

How to correctly write an application for parental leave for a child under 3 years old

There is no strict form for the document, but according to general rules, the application must contain:

• position of the manager, name (short or full) of the organization, initials and surname of the manager;
• position and full name of the applicant;
• the name of the document in the center of the sheet with a small letter;
• the text of the document requesting leave, indicating the child’s full name, starting date and age at which the child’s boyfriend plans to go to work;
• Additionally, the text of the application indicates a request to pay a monthly allowance (until the child reaches one and a half years old) and compensation (the amount is 50 rubles after the child turns 1.5 years old and before the age of three);
• a separate paragraph lists the documents attached to the application;
• personal signature of the applicant;
• date of document preparation.

A significant role is played by how the time spent on maternity leave was presented in the text. If the original plan was to stay for up to one and a half years, then if you want to extend it you will have to write another application. If you indicate a child up to three years of age, you do not need to write anything else.

How to write a statement correctly

The execution of this application is practically no different from other applications submitted to the employer. Although it is written in any form, the following points must be taken into account:

1. The document header is filled in in the upper right corner. The applicant must indicate the name of the organization in which he works, the position and full name of the manager in whose name the document is being drawn up. Here it is necessary to note who exactly these statements are from. Please indicate your name and position.
2. Document's name. The word “Statement” must be written in the center with a capital letter.
3. The following is the text of the statement. Of course, the employer has no right to refuse to provide such leave, but try to ensure that the intonation of the application is similar to a request.
4. You can indicate the article of the Labor Code that you refer to to obtain leave. Mark the date from which you need vacation, indicate its duration.
5. List the documents you are attaching to your application. These could be sick leave certificates, certificates from a clinic, etc. If available, indicate the series and number of the document. It would be useful to indicate how many pages each of them contains.
6. At the bottom of the sheet you need to indicate the date of the application.
7. The author's signature is also required. Without it, the application will not be considered.

It is worth noting that many women mention in the application for payments. However, even if this is not indicated, the employer is still obliged to make these payments. If an employee who goes on maternity leave has unused paid leave, she has the right to ask for monetary compensation for it. This desire must be indicated in the application.

It is recommended to submit this application in two copies. First, the fact of acceptance of the application is recorded in the accounting journal located in the accounting department of the enterprise. Then the responsible person signs the second copy, handing it over to the applicant. Thus, an employee going on long leave will have official confirmation that she has submitted the necessary application.

( Video : “Parental leave up to 1.5 years and 3 years: application, leave time, payment of benefits”)

After reading the application, the head of the company issues an order allowing the employee to go on vacation. As a rule, the order is issued to the employee for review. If the need arises, the employee has the right to receive a copy of it.

Deadlines for submitting an application for parental leave

The sooner you warn, the better. This rule applies to almost all applications that are related to the departure or vacation of employees. The law obliges employees to apply for leave, including for child care, at least two weeks in advance. This is the period allotted to the employer to search for a new employee.

If a woman is on maternity leave, which lasts only 70 days after giving birth, she needs to report to her employer two weeks before its end to write a new application. This can be done earlier. This way, the company management will know about your intentions to go on a long vacation, and will be able to find a suitable replacement.

Early termination of parental leave up to 3 years

At any time, a relative who was on parental leave has the right to interrupt it and go to work. To do this, just go to the organization where you are employed and write an application.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

If the employee was on vacation until the last day (the last day is the day when the child turns one and a half or three years old), then he simply goes to work the next day without additional notice.

Example:

During the period of caring for the child, the caregiver’s job is retained; it is counted toward the total length of service and length of service in the specialty (with the exception of preferential work experience).

The child’s mother or a close relative who will actually care for him/her has the right to take leave until the child reaches the age of one and a half years. To do this, you will need to write an application; we will tell you how to do this in our article.

• Art. 256 Labor Code - the state provides a one and a half year period for child care;
• Art. 14 of Law No. 81-FZ - for 1.5 years, the boyfriend is accrued and paid a monthly allowance.

— Who can take parental leave up to 1.5?

The mother, father, grandmother or other relative of the child at the place of employment has the right to apply for leave.

An application is drawn up addressed to the head of the organization with the necessary documents attached. Based on the application, the personnel department makes notes in the time sheet and employee documents, and the accounting department calculates and pays a monthly allowance in the amount of 40% of average earnings.

conclusions

According to the labor legislation of the Russian Federation, not only the child’s mother, but also any other working relative who cares for the baby can go on “children’s” maternity leave. To do this, you just need to submit to the boss all the necessary documents, on the basis of which the corresponding order will be issued and the payment of social benefits will be assigned.

Due to the fact that one half of the child care period is paid and the other is not, parents often think that these are two different periods and should be arranged separately. This opinion is erroneous - this is one vacation that can be interrupted at any time before the child’s 3rd birthday.

A person who cares for a baby and uses a period of rest guaranteed by law has the right to work at home or go to work, provided that it is not full-time work. In this situation, the employee retains the right to payment of a mandatory monthly benefit.