home Audience 5 How to extend maternity leave after 3 years. Documentary evidence of the need for renewal. Additional days off for relatives of a disabled child

How to extend maternity leave after 3 years. Documentary evidence of the need for renewal. Additional days off for relatives of a disabled child

Problem

Good afternoon I'm on maternity leave. When my child turned 1.5 years old, I forgot to write an application to extend the vacation to 3 years. Now the child is 1.9. I'm pregnant again (18 weeks) and would like to switch from maternity leave to maternity leave. Please tell me, can an employer fire me for “absenteeism”?

Solution

Hello!

Well, there is no parental leave for children under one and a half years old, this is an invention of employers and employees.

Open Article 256 of the Labor Code of the Russian Federation:

Upon application of a woman, she is granted maternity leave until the child reaches the age of three years.

It’s just a woman’s right to use this leave in parts, but this means that she must take out maternity leave for up to 3 years, but she can leave this leave at any time.

Dismissal for absenteeism during vacation or illness on the initiative of the employer is generally prohibited by Article 81 of the Labor Code of the Russian Federation:

Dismissal of an employee is not allowed at the initiative of the employer(except for the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Another thing, that all documents must be prepared correctly from the very beginning. Therefore, you will still have to apply for parental leave for up to 3 years from the date when the child is one and a half years old; submit an Application to the employer for this leave.

And because leave to care for a child up to 3 years old, then they have no right to fire you for absenteeism, here is our Algorithm on this topic:

With your second child, immediately arrange the correct leave - leave to care for a child up to 3 years old, Article 256 of the Labor Code of the Russian Federation. If you want to leave earlier, this is your right; the employer is obliged to provide you with your place of work (position) after leaving maternity leave.

During the period of parental leave, the employee retains his place of work (position).

And one more hint, do not forget to change the years - submit an Application for this so that your maternity benefits are not calculated from the minimum wage.

If the employee was on maternity leave and/or parental leave during the two years included in the calculation, one or both years of the calculation period can be replaced with the previous ones. Provided that this will lead to an increase in the benefit amount. And it doesn’t matter that the billing period accounts for only part of the specified vacations.

And the FSS in its letter dated November 30, 2015 No. 02−09−11/15−23247 explained:

The exception is the case when, in the years preceding the billing period, the employee was also on maternity leave and/or parental leave, let’s call it “from maternity leave to maternity leave.” In this case, replacement can be made for the years immediately preceding the year of the first insured event.

The amount of benefits in 2017 is in the appendix.

In Russia, each young unit of society is a special little world, which has its own requirements for each family member and concerns with problems. Some young mothers are waiting for the very moment when the baby is born, but after he grows up a little, he strives to return to work as quickly as possible.

But in other families everything is exactly the opposite. A young parent becomes so attached to her baby that she wants to spend as much time with him as possible. This is how she helps him learn about the world around him and makes him feel how much his mother loves him. And sometimes the mother’s desire is dictated by completely adequate conditions. For example, by the end of the three-year maternity leave there was no place in kindergarten for the baby (in fact, there was simply no turn). What to do in this case?

Initially, you need to understand that maternity leave is a time period that is allotted to a woman so that she can take care of her newborn baby.

It should be noted that its duration varies from 140 to 194 days. And this is only during normal pregnancy, when the expectant mother does not encounter complications.

Attention! In accordance with labor legislation, maternity leave begins immediately from the thirtieth obstetric week. As for mothers who are expecting twins, they have the right to go on maternity leave a few weeks earlier. We are talking about the twenty-eighth obstetric week.

Then comes the sick leave, which the mother receives in order to recover from pregnancy. It lasts from seventy to one hundred and ten days. And only after this does parental leave begin, lasting one year and six months. According to experts, this period of time should be enough for the mother to fully recover and be able to spend enough time with her baby.

But, as already mentioned, if after one and a half years there is no place for the child in kindergarten, the leave is extended for another year and a half, and it will last until the child turns three years old. Familiarize yourself with the possibility of making a one-time payment from maternity capital in 2018.

For several years now there has been a government decree that the mother has every right to extend her leave for another year and a half, i.e. has the right to stay at home until the age of 4 or 4.5 years.

What do you need to know?

In accordance with the amendment to Federal Law No. 173 of December 17, 2001, from January 1, 2014. This law states that today a parent has every right to extend parental leave to 4.5 years. Moreover, in order to extend it, it will be necessary to submit a special application addressed to the head of the company with which the woman went on maternity leave.

As for the conditions and any specific features, starting from 2014, the entire maternity leave from 1.5 to 4.5 years is included in the employee’s total length of service. Exactly. Now labor legislation operates exactly this way, for the simple reason that a woman is on maternity leave with an extension, for example, due to the impossibility of returning to work due to family circumstances.

Attention! Today, an employer is deprived of the right to dismiss an employee who is on maternity leave for up to 4.5 years. But earlier, before 2014, this situation could lead to dismissal.

Is it possible to extend the vacation?

Many young mothers have a question about what exactly you need to know when applying for an extension of maternity leave:

It is necessary to familiarize yourself with Federal Law No. 173 of December 17, 2001, effective January 1, 2014.
With each subsequent extension, the woman will need to write a corresponding application to the HR department addressed to the manager.
An application for extension of leave to care for a small child for up to 4-4.5 years must indicate the reason.

Sample documents

It goes without saying that the application submitted directly to the HR department addressed to the manager must contain the following information:

Name of the employing organization;
Personal data of the employee who is going on maternity leave;
Information about the end date of maternity leave, which is granted for up to 1.5 years.
Request for extension of maternity leave. Read what benefits are available to blood donors in 2018.

Below is a sample application to extend maternity leave for a parent.

In response to this, the head of the company will issue a new decree extending his employee’s maternity leave.

Both documents must be certified with the wet seal of the organization and signed by its immediate supervisor.

Video

Watch a video about the extension of maternity leave in Russia:

Every mother should understand that labor legislation is almost always on the side of the employee. Therefore, you should not be afraid and contact an experienced legal consultant. This is especially true in cases where the employer exceeds his authority and even tries to threaten dismissal.

Russians caring for small children have the legal right to apply to their employer to extend the vacation period in connection with the birth of a baby. There are certain conditions and grounds for this.

Let us consider the issue regarding renewal in more detail and highlight the most important points related to the preparation of related documentation.

According to certain provisions of the Labor Code, a woman receives exemption from performing her labor duties for a maximum of three years while maintaining her job. At the same time, a young mother is provided with a number of one-time benefits for the birth of a baby, as well as monthly child care until she reaches one year and six months. The total vacation period is divided into two parts: prenatal and postnatal.

In the first case, only the expectant mother has the right to go on leave, but when taking leave to care for a child up to 1.5 years old, this right extends to the baby’s father and his close relatives who are not retired. After 3 years, the citizen caring for the baby is obliged to return to his workplace or terminate his employment relationship with the employer.

Sometimes circumstances develop in such a way that an increase in the period of maternity leave is required, hence questions arise as to whether it is possible to increase the vacation period and how to extend the maternity leave if a citizen is obliged to go to work.

Is it possible to increase the prenatal part of the leave?

According to the law, this vacation period can be extended, and then the woman will have the opportunity to go on maternity leave not at 30 weeks, but a little earlier. To do this, you will need to submit a standard application addressed to the director of the enterprise and then familiarize yourself with the order.

The reasons for making such a decision may be the following factors:

A woman has been diagnosed with a multiple pregnancy, which is the basis for ending her work activity two weeks earlier, that is, from the 28th week of pregnancy. This basis must be confirmed by an official medical certificate.
An employee’s poor health can also become a legal basis for going on maternity leave earlier. In this case, you will also need to issue a special certificate.
Before going on maternity leave, a woman has the right to take advantage of annual paid leave and actually go on maternity leave 28 days earlier.

All of these opportunities are legal, and the expectant mother can use them at her own discretion.

Is it possible to extend leave during the postpartum period?

The postpartum period also has its own framework and is determined taking into account the characteristics of pregnancy. We are talking about the following deadlines:

standard schedule – 140 days (70 days each in the prenatal and postnatal periods);
in case of multiple pregnancy - up to 194 days (84 and 110 days);
in case of complications during delivery - up to 156 days (140 and 16 days for recovery).

After the end of the permitted period, it closes, and the citizen can continue to be on maternity leave for up to 3 years, but without pay. At this time, the woman receives state-appointed compensation in the amount of 50 rubles. For certain groups of citizens, the payment may be increased taking into account the provisions of local legislation.

After the maternity leave period is completed, the employee can again apply to her place of employment for annual leave, if she has not used this opportunity previously. It is also permissible to issue an additional vacation period without saving wages for family reasons. Such a decision is made only in agreement with the employer.

What documents may be required to register a maternity leave?

To go on maternity leave, an employee must prepare a full package of mandatory documentation. Here we are talking about providing the following documents:

a standard form application indicating a request for leave;
medical certificate as a basis for registration of maternity leave.

After registering for prenatal and postnatal leave, you must prepare papers to receive maternity leave for a child up to 1.5 years old. In this case, the following documents may be required:

a statement from the person providing care for the baby;
birth certificate of a child;
other additional documents specified in the Labor Code.

If a woman (or other person) wishes to extend the vacation period, she must also submit an application to the director and confirm her request in documentary form by preparing the appropriate papers. In this case, we are talking about providing annual leave or allocating several days of rest at the employee’s expense.

Conclusion

A woman (or other relatives of the baby) can take advantage of certain provisions of the current legislation and apply for an increase in prenatal or postnatal periods.

In the first case, this possibility is allowed for medical reasons, and in the second option, you can take out annual paid leave. To obtain this right, you will need to submit a standard application and a package of necessary documentation.

Is it possible to get maternity leave for up to 4.5 years? And if so, how will it be paid for and provided? We will try to answer these questions in as much detail as possible.

Maternity leave

According to the social guarantees that the state provides to its citizens, all employees are granted the right to maternity leave, as well as child care leave - up to one and a half or three years. Among employees, such leave is called maternity leave. It is believed that a year and a half is quite enough time for a baby to learn how to cope without his mother every second, and the woman could enroll him in a preschool institution and return to work.

Payment of maternity leave

Since the employee does not receive wages during her stay at home due to maternity, she is entitled to social benefits:

during maternity leave in the amount of average daily earnings for each day of temporary disability(one-time) ;
during parental leave up to one and a half years in the amount of forty percent of the average salary for the last 2 years(monthly) ;
during the period of stay at home to care for a child from one and a half to three years in the amount of fifty rubles (monthly) .

Precisely because time off from work due to maternity is paid below average earnings, many workers prefer to go to work early and go on maternity leave later. In addition, not only the mother, but also the father, as well as grandparents can stay at home and look after the baby - they will also be paid for their absence from work due to caring for the baby. The only caveat is that at the workplace you will need to provide a certificate from the work of other family members stating that they did not apply for the same exemption from work in order to avoid cases of fraud with maternity benefits.

Extension of maternity leave

In fact, four and a half years of maternity leave is possible even now - if the employee can come to an agreement with her employer. Simply, after three years, staying at home ceases to be paid, and days of absence from work are not counted in the length of service, but the employee retains her position and salary.

Extension of maternity leave to 4.5 years is carried out by agreement with the employer

Such leave can last up to six years, but it is usually issued on the basis of medical documents indicating that the child is very sick and requires further care. To obtain such documents, you need to see a doctor and receive treatment at least four times a year, then undergo an examination by a medical commission, receive their confirming verdict, and subsequently confirm it annually.

In fact, such stay at home is not much different from ordinary stay at home, since the specifics of such leave are not specified anywhere in the Labor Code and in fact do not provide legal social protection.

A bill has been submitted for consideration for quite some time to extend stay-at-home child care to four and a half years.

Previously, it was planned, after the adoption of the law, to introduce it gradually in all regions of the state and by 2015 to introduce it everywhere, but the bill is still under consideration.

The new law on maternity leave up to 4.5 years is already under consideration

It is planned not only to increase the time that allows you to stay at home, but also to improve the situation with pensions and length of service. Now the pension period includes the period of caring for a child up to one and a half years, and up to three - only if there are two or more children, that is, it is considered one and a half years for each, but no more than three years in total for all children. If maternity leave is extended to 4.5 years, then this state of affairs will affect families with three children. In addition, the amount from which the pension is calculated will increase.

The leave, which lasts four and a half years, will be counted as length of service, and all family members will still be able to take it.

And if an employee, after looking after a child for a year and a half, goes to work part-time, for example, she will be able to receive both benefits and wages - of course, in proportion to the time worked.

We hope our article helped you understand the intricacies of modern legislation and the parameters for granting maternity leave.

Maternity leave is considered to be the period that a woman spends outside the workplace before the birth of a child and after its birth. However, from a legal point of view, it is correct to consider leave after the birth of a child. All this time, her position is retained by her employer. She is also entitled to a benefit that will support her during the key time of her motherhood. Interestingly, “maternity leave” is actually a strictly unofficial expression.

The concept of maternity leave

In fact, there is no concept of “maternity leave” in law. It cannot be found in regulations. What is understood at the everyday level as “maternity leave” in jurisprudence has two designations relating to successive periods:

sick leave for pregnancy and childbirth, in this case we are talking about the time provided to the woman before childbirth, and then immediately after childbirth;
maternity leave, which women receive after expiration of the leave described in the previous paragraph.

First type of vacation lasts 140 days: This includes the period before childbirth and approximately the same period after childbirth. Its registration is carried out using a sick leave certificate, its payment is made in the same way as payment for sick leave. Such sick leave, by definition, is available only to the woman in labor herself.

Everything that follows after this period after the birth of a child will be already maternity leave.

Moreover, its significant difference is that not only the mother, but also the father can take it. The law also allows other relatives to take him in. This option of maternity leave is associated with caring for the baby, so any family member can take it who is able and willing to care for the child. This leave option is provided on the basis of an application that the employee (or employee) submits to the employer.

Duration of sick leave during pregnancy

The usual time for a woman to go on sick leave of this kind during pregnancy is at at 30 weeks. If it is determined that a woman is going to give birth to twins or more children, then she may stop working at the 28 week mark. If a woman lives in an area with an unfavorable environmental situation, then maternity leave begins at 27 weeks. By law, such zones include areas affected by accidents at the Chernobyl nuclear power plant and at the Mayak Production Association.

In this case, the time of sick leave is determined by the doctor. It is the doctor whom a woman should contact as soon as possible after pregnancy, determines when it began, and therefore on what day one of the mentioned marks falls.

The Labor Code contains the following options for the duration of maternity leave:

140 days, including 70 days before the date on which, according to the results of examinations, the woman is expected to give birth, and 70 days after the birth of the child - provided that the pregnancy itself proceeds without complications;
194 days, including 84 days before the date of birth of the child planned by the doctor and 110 days after, if twins or more children are detected;
156 days, including the same 70 before the birth of the child and 86 after, if the birth was complicated.

In the case where the child was born much earlier than the due date, namely before the above-mentioned marks of 30 weeks of pregnancy (or 28 or 27 in appropriate cases), then the calculation of the sick leave period begins immediately from the moment of his birth. Its duration is then 156 days. If the mother’s place of residence is located in an area suffering from radiation contamination, then the duration of her leave reaches 160 days.

This type of leave is given entirely for the entire period. It is not divided into the time before and after childbirth, being a single concept.

How long can parental leave last?

If a woman is on maternity leave and intends to continue to stay with the child without working, then on the day it expires (or around that day), she needs to write to the company where she works, application for maternity leave.

It was said above that maternity leave is similar to sick leave, and Care leave is granted based on the application. Therefore, the legal design of these two periods is different. You cannot be on maternity and care leave at the same time. There is also no automatic transition from one type of leave to another; in this case, an application is required.

Of course, it has already been mentioned that it is allowed that a similar any other family member who is willing to stay with the child received exemption from work. However, in this case, the woman should go to work after maternity leave, otherwise her absence from her workplace will be considered as absenteeism.

Parental leave (also colloquially referred to as “maternity leave”) lasts three years.

At the same time, only the first year and a half is paid from the Russian treasury. The remaining year and a half will be compensated by individual subjects of the federation for their residents. In most cases, we are talking about helping women for whom this is the third child or any subsequent one.

You can extend or shorten the vacation period

Thus, in total, maternity leave can last from 30 (or 28 or 27) weeks of pregnancy (or from the moment of birth, if it occurred before one of these marks) until the date when the child reaches three years of age.

At the same time, it is not necessary to go on such a vacation, and it is also not necessary to stay on it for the entire designated time. In particular, You are not allowed to take maternity leave at all. But it is worth keeping in mind that then the family will not receive the maternity benefit generally due to it. You can also go on vacation later than the deadlines mentioned above. In this case, it is advisable for a woman to notify her employer in advance about when she plans to stop working before giving birth. Issue benefits involves its preliminary calculation and allocation of funds. Notifying the accountant in advance of the date from which the woman will become entitled to benefits will greatly facilitate his work.

It is also possible to reduce maternity leave, starting work early. To do this, you should fill out an application for the relevant subject to the employer. In this case, the woman is given the right, after she returns to the workplace, to reapply for care leave. The employer will be obliged to satisfy it. Then she can again start work and return on vacation an unlimited number of times until when the child reaches three years of age.

In addition to this, the woman have the right to work part-time, when working in this mode, she retains the right to care allowance.

Opportunities for extending leave for women who have already spent three years on it after the birth of a child are limited. In particular, the idea that such leave can be extended is incorrect, if the child is chronically ill or has been registered as disabled. General period of parental leave strictly limited to three years, and even with a serious illness it cannot last longer than this time.

However, in an exceptional situation, legislation allows the employee to request additional leave from the company. To do this, she needs to write a statement, indicating a valid reason. If the employer agrees to this, then a woman with a child over three years old can continue to care for him while maintaining her job. Of course, she is not entitled to maintenance in this case. Moreover, the duration of such leave is not limited in any way; it is established by agreement between the employer and the mother.

Another extension option is addition to the standard three years of regular annual leave. It can be taken both before the date when a woman becomes entitled to sick leave for pregnancy, and after the expiration of maternity leave. In both cases this period will be added to the total rest time.

Thus, there is no maternity leave in the laws. He divided into maternity leave, which lasts approximately two months before the event itself and two months after and for child care, which lasts three years, while the national benefit is paid only during the first two. The first is similar to sick leave and requires a doctor’s prescription, the second is regular leave and is provided on the basis of an application.

Woman for the agreed three years can leave vacation (losing benefits) and take it again any number of times. In addition, she is allowed to go to work on a part-time basis, under this regime she retains the right to benefits.

The first type of leave can obviously only be taken by the woman herself, while the second can be taken by any relative of the child, both husband and others. You can extend both types of leave by adding the standard annual leave to one of them before it starts or after it ends. It is also possible to extend three years of maternity leave in special situations if the employer agrees to this and, of course, this is leave without pay.

In the general case, it is impossible to extend maternity leave when a child reaches three years old, then even the poor state of his health cannot be a reason for a woman to keep her job if she wants to care for him.

This video will help you prepare from a legal point of view for applying for parental leave.