Is vacation accrued during maternity leave: how is vacation processed?

The period of maternity leave is a separate chapter in office work and in relation to the registration of such leave, calculation of payments and calculations, its own rules apply. Many women who plan to soon become mothers are interested in the question of whether vacation accrues during maternity leave. We will explain in detail how documents are processed and what an employee is entitled to when going on maternity leave in this article.

Is vacation accrued during maternity leave?

Vacation calculation rules

According to the Labor Code of the Russian Federation, each employee has the right to leave after six months of continuous service at one place of work. In fact, for each month worked, the employee is credited with a day of rest, but you can take out your first part of rest only after 6 months. The total number of paid days is from 28. For a certain category of people and profession, increased paid leave is provided.

Every employee is entitled to a minimum of two weeks of holiday leave annually

The law stipulates that the employer is obliged to provide at least 14 days of continuous rest during the year. The employee can take the remaining days in parts, filling out an application each time. In this case, each time the enterprise must issue an order assigning vacation. The accounting department carries out all calculations and postings only according to such an order.

If you have leftover leave, you can take it out immediately after maternity leave. This should also be indicated. Accounting departments can tell you the exact number of undocumented days.

Officially, maternity leave ends when the child turns 3 years old. The employee must return to work exactly the next day. If a woman has unused rest before going to Uzbekistan, she can increase her “maternity leave” by this number of days. The exact amount can be clarified in the accounting department. When writing the main statement, it is necessary to immediately reflect this in the document so that the accounting department correctly calculates vacation pay and posts it. Such holiday pay must be paid along with the principal amount at once.

Sample application for maternity leave

Considering the fact that while a woman is on maternity leave, a temporary replacement is found for her at work, the employer must notify the employee that the main employee is leaving maternity leave.

Description of citizens' rights, legislative regulation

Being on maternity leave assumes that the woman retains her position, her original place.
You can spend time calmly with your child without worrying about the possibility of continuing to work. To comply with the law, managers are required to find temporary replacement employees during this period. But such a decision is made only while the woman is absent.

The maternity leave ends completely when the child reaches the age of three years. Then the woman is obliged to go to work if nothing has changed.

The legislation makes it possible to take out standard annual leave after maternity leave if you need to spend some more time with the baby. In such circumstances, the total length of service is not given importance.

Legislation on this issue includes the following provisions:

Articles 255 and 256 of the Labor Code of the Russian Federation. Dedicated to describing women's rights in the workplace. The same articles describe the design and timing of payment of special benefits due in connection with the birth of a child.
Article 139 of the Labor Code of the Russian Federation is devoted to the problems of calculating compensation for used and unused rest days.

Registration of vacation immediately after Uzbekistan

When a small child requires care and a woman cannot begin her official duties immediately after the baby reaches three years old, she can take a standard 28 days. At the same time, she is entitled to accrual of vacation pay according to the average calculation. This procedure is regulated by Art. 260 Labor Code of the Russian Federation.

Article 260 of the Labor Code of the Russian Federation

Accounting takes into account the average income for the two years worked before maternity leave. If during this period the enterprise underwent wage indexation, then this coefficient should also be included in the calculations. This does not apply to salary increases, since the latter occurs at the request of management and is not legally binding.

Additional leave

In addition to the main leave, which a woman can take before taking maternity leave, regardless of the approved vacation schedule, the state has determined a category of persons entitled to additional rest.

These include:

female employees who work in places with the category of “harmful or dangerous working conditions”;
women with long working hours.

Categories of working conditions

If an employee expecting a child works in a position with irregular working hours, she has the right to an additional 3 days to the main leave. Employees working in “harmful” working conditions have the right to an additional week to the main period.

Parental leave for children from one and a half years

Now women write standard statements, in one copy. They describe only one type of rest associated with caring for a child - until the baby reaches three years of age. If the rest is interrupted at the woman’s own request, then she can choose which mode of work to use – full or part-time.

Employers cannot refuse to provide paid leave every year. It doesn’t matter which option for further cooperation the mother herself chose.

If the full-time option is chosen, then you have the right to return to maternity leave at any time before the child reaches three years of age. Using part-time work deprives such rights.

A woman is fully included in the staff if she takes regular leave, but refuses legal maternity leave. In this regard, in terms of rights and responsibilities, she is no different from subordinates of another category.

Experts advise taking annual leave not immediately after maternity leave, but after a short period of work. It’s worth waiting at least two to three months. After all, changes could have occurred during the previous rest. For example, salaries have increased. This will have a positive impact on decisions made in the future.

Any woman has the right to take paid annual leave immediately after leaving maternity leave. The duration of rest must be at least 28 days, even when there is practically no work experience.

Managers are deprived of the right to refuse such applications and insist that the expectant mother exercise her rights. The main thing is to draw up a statement in the appropriate form before making a decision.

Vacation pay must be accrued for each day in this period. Otherwise, management violates the requirements established by law.

When and how to apply for maternity leave, watch this video:

Form for receiving a question, write yours

Women planning to go on maternity leave often wonder whether they will receive additional days during this period or not. The answer to the question is ambiguous and requires studying some concepts and the topic as a whole.

Vacation rules

In order to receive benefits in a timely manner and correctly arrange the period before maternity leave, it is important to adhere to the following procedure:

write an application addressed to the management for the provision of basic rest. The application must indicate the period worked. Accounting departments can tell you the exact start date of the calendar period and its end. It is also necessary to indicate a documentary justification - write the LN number. There is no approved application form, so the form is free;
Application for leave
attach LN to the application;
As a final stage, the accounting department calculates vacation pay according to the application and pays it three days before the start of the vacation. There is no need to issue a separate order for the accrual of such benefits for the enterprise.

An order for an employee to go on leave within the company must be issued.

The law stipulates that the period of incapacity for work lasts 140 days. After this, the woman must start working if she does not use her right to parental leave (3 years). Therefore, going on sick leave before giving birth, which many people confuse with the concept of “maternity leave,” assumes that 70 days after giving birth, the woman will return to work to write an application for maternity leave.

The period of incapacity for work lasts 140 days

What is maternity leave

Modern labor standards do not contain the words “maternity leave” or “maternity leave,” but this phenomenon has persisted. This is how two types of vacation are colloquially called:

for disability caused by pregnancy and childbirth;
if necessary, care for a newborn baby.

The first of them can only be taken by a pregnant woman, and it ranges from 70 to 84 days immediately before the birth of the child, and from 70 to 110 after. It is given to a woman so that her body is freed from labor load before the birth of children, and also has time to recover after the birth process itself. This leave is always given in full - regardless of how much time was actually used by the employee for the birth. It is mandatory to provide it on a form issued by the medical institution.

The second type is provided not only to the mother, but also to any relative or guardian - all persons caring for the newborn have the right to receive it. This leave is counted towards the length of service (except for those types of work where length of service allows you to apply for early retirement). The period is much longer - you can rest until the child turns 3 years old.

Rules for calculating vacation pay during maternity leave

In order to correctly designate the period for calculating vacation pay, it is necessary to correctly distinguish between the features of registration of such vacation.

The decree is divided into three periods:

maternity leave;
maternity leave for up to 1.5 years;
UzR up to 3 years.

The first period is standard sick leave. Therefore, the algorithm for calculating vacation pay and all accounting entries are carried out according to the standard scheme for calculating sick leave.

Vacation pay is calculated according to a scheme based on the calculation of sick leave

But under UzR, vacation pay is no longer accrued to the employee. At the same time, according to Russian legislation, a woman retains her place of work and position. During the absence of such an employee, the employer has the right to hire another person, but is obliged to vacate this place on the day the employee returns from maternity leave.

The benefit is paid not from the employer’s wage fund, but from the Federal Labor Protection Fund. Moreover, it is fully compensated by the budget from the very first day. In this case, the paperwork and accrual are handled by the accounting department of the enterprise where the employee works.

Payments of benefits to the mother are handled by the accounting department of the organization in which the employee is registered.

When calculating the average for calculating vacation pay, the accounting department, according to the new provision, takes into account the last two years worked. Absenteeism, sick leave, and time off are not taken into account. That is, only the basic salary for the days actually worked is taken into account.

When calculating, accounting takes into account all payments from which insurance deductions were made:

bonus;
salary increase;
indexing.

Indexation and salary increases directly affect the amount of child care benefits

Despite the fact that the woman retains her place of work and position, payment of vacation pay (as well as their accrual) does not occur during this period.

Are vacation days accrued for maternity leave?

The Labor Code of the Russian Federation has Chapter 19, which describes the right to receive 28 days of annual leave. This duration is basic. It can be increased, for example, if there are difficult or dangerous conditions at the enterprise where the citizen works.

Extending vacation under other circumstances is the right, but not the obligation of employers. Management does not have the right to just change the time periods downward.

One can only come to an agreement according to which the rest time is divided into two parts of 14 days. And it is taken in different parts of the year.

The law prohibits taking one vacation while a citizen is on another. Therefore, you can only draw up documents before the start of the maternity leave or after its end.

A citizen can exercise her right at any time after the maternity leave ends. The manager does not have the right to present requirements according to which rest must have a certain duration. Vacation pay is calculated based on the profit earned during the previous year worked.

Any employee is entitled to full paid leave after working for the company for at least 12 months.

In relation to expectant mothers, the legislation provides certain concessions:

Such a subordinate has the right to long-term rest, even if part of the required time has not yet been worked.
A woman may not take the work schedule at the enterprise as a basis when determining her rest time.

The right to rest also applies to those who have worked for less than six months. But this rule applies only to vacations taken out after maternity leave. Registration of paid leave every year allows you to choose any moment. For example, immediately after maternity leave, or after some time.

Moreover, immediately after pregnancy and childbirth, a citizen has the right to go to work if she does not see the need to stay at home. This option is relevant for those who have relatives who agree to spend time with the child.

Such circumstances are beneficial if, until this time, the woman has not used her right to proper rest for a long time, but has only saved up her days.

To understand when vacation pay is accrued and when it is not, you need to distinguish between periods. The decree is divided into the following periods:

for pregnancy and childbirth;
caring for a baby up to 1.5 years old;
for child care up to 3 years old (hereinafter referred to as UzR).

Maternity leave is actually sick leave. Therefore, vacation pay for it is calculated in the same way as in the case of other sick leave. As for the period of UzR and child care up to three years, vacation pay is not accrued during this time.

The law requires the employer to provide a pregnant woman who is about to go on sick leave, or a mother who has given birth, general rest in whole or part of it, if:

the employee submitted an application stating her request for this before going on sick leave under the BiR;
she filed the corresponding application immediately after him;
the employee plans to rest, moving the allotted days after graduation according to UzR;
she wants to interrupt maternity leave in order to receive vacation pay, and then continue her vacation again.

The employer grants her this right regardless of the presence or absence of an appropriate schedule.

In addition to distinguishing between periods of maternity leave, in order to understand when vacation pay is and is not accrued, it is important to understand the following concepts.

Vacation experience means working time consisting of entire months. But this period does not include absenteeism, rest at your own expense for more than two weeks a year, caring for a child under three years old, as well as removal from work duties due to the fault of an employee.

The total length of service includes annual leave, weekends and holidays, and other days provided to the employee. Thus, we are talking about a period during which the employee did not work, but according to labor standards included in the length of service.

According to the law, within a specified period, based on the woman’s application, the employer issues an appropriate order for her to go on vacation. Such time, both before and after childbirth, is considered normal sick leave. Therefore, this period is included in the length of service for calculating annual basic rest.

For 140 days of maternity leave, 11.65 days are required. When calculating one hundred and forty days or four months and twenty days, round up to the full five months. Since the annual duration is twenty-eight days, then for each month there are 2.33 days (i.e. 28/12 = 2.33). As a result of simple calculations, we get 11.65 days (or 2.33 * 5). The employer, at its discretion, has the right to increase this time to twelve days.

This period is not included in the vacation period. Therefore, days of basic rest are not provided for it.

While the mother is on maternity leave, vacation pay is calculated only for sick leave according to the BiR. If you are on maternity leave for 3 years or more, vacation experience is not accrued, as well as for UzR leave of up to 1.5 years.

This issue is discussed in Chapter 26 of the Labor Code of the Russian Federation. Study leave is provided if the institution has state accreditation and the person is receiving education for the first time. The specific number of days differs depending on the level of education: higher, secondary vocational, and so on.

In this case, compensation for unused time of the next vacation is also taken into account. Correct completion of the application (sample) The application should be written according to the established sample. It should contain the following information:

addressee (must be written to the boss);
grounds for taking leave;
start and end date of legal rest;
date of writing the application;
employee's signature.

According to the law, an employee who has returned from maternity leave can be given the next leave after returning from maternity leave when he has unused working leave. According to Article 260 of the Labor Code of the Russian Federation, labor leave is given to a woman before she goes on sick leave for pregnancy and childbirth, or after it, or after maternity leave ends.

You should know that such leave can be obtained for the upcoming working year. If during the period of legally registered sick leave for pregnancy and childbirth, the employee worked part-time, providing a medical certificate.

If an employee submits an application, then unused vacation days may be counted as maternity leave or as leave given to care for children.

Is it possible to take a vacation immediately before or after maternity leave? The law obliges the employer to provide an employee who is going to go on maternity leave in the near future with calendar leave while maintaining average earnings in full or in part in the following cases:

If a woman asks about this on the eve of a holiday under the BiR.
If an employee submits an application for calendar leave immediately upon returning from leave under the BiR.
If she wishes to go on leave due to her according to the vacation schedule, moving it up for a time after returning from leave to look after her children.
If an employee wants to interrupt her maternity leave for an annual vacation and then return to maternity leave.

In this case, it does not matter whether such a vacation is planned in the current vacation schedule or not.

This means that during this period the maternity leaver earned 5 months of vacation experience. To calculate the number of days of annual leave due during this period, you should use the formula: Formula: Days = 5 * 28/12 = 11.67 days. During the period of work before going on maternity leave How to calculate the days during the period of work before maternity leave? To do this you need to follow these steps:

The length of service that gives the right to rest on the date preceding maternity leave is considered.

Important! Vacation experience is the time of work expressed in full months (absenteeism, leave at one’s own expense for more than 14 days per year, previous child care under 3 years of age, suspension from work due to the fault of the employee are excluded from this period).

The length of service that gives the right to annual basic paid leave includes: time of actual work; the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;

Sample application for leave: If an employee works part-time somewhere else, she is required to leave an application with each employer before exercising the right to maternity leave.

Sample application for rescheduling vacation: Calculation of vacation pay before and after maternity leave When employees take the paid vacation they are entitled to every year according to the vacation schedule, vacation pay for them is calculated based on the average daily income for the past year.

Degtyareva A.G. (12/12/2016 at 11:21:59) Good afternoon! While on maternity leave, you were actually on “sick leave” for pregnancy and childbirth. This period of time is taken to calculate the time for annual paid leave.

The length of service that gives the right to basic annual paid leave includes maternity leave, which precedes the registration of parental leave.

According to Article 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave does not include the time of leave to care for a child until he reaches the age established by law.

Attention

Also, the right to rest under this article will be lost if, after caring for a child under 3 years of age, a woman takes sick leave, and at the end of it decides to apply for annual leave. In this case, there will also be a gap between the end of maternity leave and the beginning of paid leave in the form of sick leave, which does not comply with the provisions of Article 260 of the Labor Code of the Russian Federation.

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You can ask the company to pay for them. Then the amount of vacation pay is taken into account when calculating “maternity” sick leave. In this case, the employee will report to work strictly on time. Calculation of the next regular leave will begin from the day she actually returns to the workplace.

Example: An employee’s maternity leave ends on August 1, 2020. The company has a debt for vacation in the amount of half the term. Her actions:

go on “time off” for the allotted time (half of the vacation period) with payment of salary;
receive payment for “no vacation time” and go to work receiving a salary;
ask in advance (before going on sick leave for childbirth) to pay for this part of the leave, and at the end of maternity leave, simply go to the workplace.

Important point! The amount used to calculate the payment amount is not fixed in time.

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

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An important point: maternity leave entitles you to annual paid vacation days, but childcare for a child under 3 years of age does not. Read more about this here and here. Article 260 of the Labor Code of the Russian Federation clearly states that immediately after maternity leave for pregnancy or care, you can declare your desire to go on another paid leave if she did not use it before registering sick leave in connection with going on maternity leave.

Work experience and benefit calculation

If a woman did not use her leave when going on maternity leave, she has the right to receive compensation.

When calculating, the accountant calculates the average salary for 1 day. To do this, take the sum of all earnings for 24 months and divide by 29.3. This is the annual average number of working days in a month. If an employee has changed jobs over the past two years, then he needs to provide the accounting department with a certificate of his income issued by the accounting department of the previous employer. The current calendar period is not taken into account for calculating vacation pay.

The time a woman spends in UzR is included in her total length of service. But here it is important to distinguish between the concepts of experience. In Russia there is a strict classification of vehicles.

Classification of work experience

The period during which the employee officially worked and received wages, from which personal income tax was withheld, is considered continuous. It does not matter whether there was a change of employers during this period. The length of such service does not affect the size of the pension, but is only the basis for receiving it.

Special is one that is assigned depending on working conditions. There is a special classification of jobs that determines the level of danger of work. Employees with such length of service are entitled to a grace period for retirement.

When it comes to retirement, many women wonder whether the period during pregnancy, childbirth and child care was taken into account in the total TS.

Work experience determines whether a person will receive payments after retirement

Do days of paid annual leave accrue during maternity leave?

minors – 31 days;
teachers and heads of relevant institutions - from 42 to 56;
military contractors – from 30 to 45;
for rescuers - from 30 to 40, etc.

In order to obtain the right to the first paid vacation, an employee must work for at least six months after employment (with the exception of some specially protected categories of workers), and then vacations are assigned according to the approved schedule. In order to receive vacation days or money for them upon dismissal, an employee must have a certain length of service in the organization.

Labor legislation includes the following periods as part of the time period required to receive leave.

Directly paid contract work.
A time when there was no work, but according to the law, the employee retained his job.
Forced absenteeism or time after dismissal in violation of the law and before reinstatement in the workplace.
A time when an employee was suspended due to lack of a medical examination, which he was unable to pass through no fault of his own.

It is important to pay attention to clause 2. Art. 121 of the Labor Code of the Russian Federation, where this exhaustive list of periods is taken from. He does not specify which cases of job preservation should be taken into account. But other labor standards indicate that the following are included:

business trips;
fulfillment of duties established by law to the state or society (for example, during conscription for military training);
medical examinations;
training and retraining as directed by the employer;
refusal to work that threatens life or health, etc.

What does this have to do with maternity leave? A pregnant or giving birth woman leaves work on a sheet of temporary incapacity for work - sick leave. While the employee is unable to work due to health reasons, the workplace is retained.

Thus, maternity leave must be included in the vacation period.

This conclusion is partly confirmed by a similar norm from Art. 124 Labor Code of the Russian Federation. It states that if an employee falls ill during the vacation period and takes sick leave, then his vacation is extended due to days of incapacity for work. Yes, the payment is not saved - sick leave benefits are used instead of vacation pay. However, this time is not considered absenteeism, it is not grounds for dismissal, and the workplace remains with him.

Today, every pregnant woman living in the Russian Federation has the right to go on leave due to pregnancy. According to the new law No. 255-FZ (as amended on May 1, 2017), employed women on maternity leave are entitled to receive payments in 2018. Below we will consider the conditions under which a pregnant woman will be able to receive maternity benefits.

What is maternity leave? The concept of maternity leave exists only among the population.

vacation pay;
one-time bonuses;
payment for business trips;
one-time benefits;
subsidies;
prizes received as a result of winning competitions;
bonuses that were paid to employees for the holiday;
benefits for caring for a disabled child.

The calculation procedure is standard. The amount of income for the billing period is determined. All accrued indicators are added up. The number of days actually worked by her is determined.

If the month is worked in full, then the number of days is equal to the coefficient 29.3. If the month is not fully worked, then the number of days is calculated as calendar days worked, which are divided by the total number of calendar days, multiplied by 29.3.

However, this is only true for the case when the day the end of one of the parts of maternity leave precedes the day the annual rest begins. If, after maternity leave, the employee returned to work, and after a certain period of time decided to go on vacation, then the guarantee from Article 260 of the Labor Code of the Russian Federation will no longer apply to her.

Calculating vacation pay involves the need to calculate the average daily earnings for the past year.

To do this, just follow a few simple steps:

All earnings are divided by 12.
The resulting value is divided by 29.2.
After this, the result is multiplied with days of rest.

Article 129 of the Labor Code describes in detail the calculation rules. But the calculation rules change somewhat if regular leave is taken after maternity leave.

After all, it turns out that in previous years there were no wage accruals. The entire maternity period must be excluded from the calculation.

Therefore, the basis for obtaining results is the tariff and salary used at the enterprise. Citizens receive compensation upon dismissal after maternity leave. The following steps help in determining the amount of payment:

counting days of actual work;
multiplying the result by the average daily earnings calculated for the previous period.

The total amount is paid at least three days before the employee leaves.

Going on vacation and giving up maternity leave for up to 3 years does not mean that after the end of the annual vacation, a woman will not be able to exercise her right to time to care for a child.

You just have to take into account the fact that the total duration of maternity leave will be reduced by the number of days spent in the annual vacation period.

Leave with a child from one and a half years old When returning to work from maternity leave of up to 1.5 years, an employee must take into account the fact that such a concept does not exist in the labor code. If previously in practice it was common to draw up two applications – up to 1.5 and up to 3 years, now before going on “children’s leave” a woman writes one, which indicates the period of up to 3 years of the child.

An application for paid leave, including unused periods of previous years, is written in the same unified form, indicating the total duration of rest.

Watch the video about the features of leave after maternity leave. Compensation for all unused leave. If a woman plans to receive monetary compensation for unused calendar days, she needs to determine how compensation for unused leave after maternity leave and parental leave is calculated.

The billing period is the 12 months preceding maternity leave. The amount of compensation is equal to the employee’s average daily earnings for the billing period multiplied by the total number of days of unused vacation. The number of days of primary vacation not taken off in a fully worked year is 28 - O, where O is the number of vacation days used.

During this period, she receives a salary for the time worked. But she also continues to receive child care payments every month. The employer can then record these amounts as social insurance expenses. Then the FSS will take them into account. Two vacations at the same time? After the steps described above, the following situation may occur.

Attention

Mom, having worked in her place for some time, will think about annual paid leave. But the fact is that she is still on maternity leave.

In this case, does the mother have the right to go on a regular vacation? No, it is impossible to get two vacations at the same time.

Domestic legislation clearly regulates the rule that not only mother or father, but also grandparents have the right to receive maternity leave. Basic leave is not an integral part of maternity leave and is considered separately, regardless of whether the employee spent time at work or not.

Maternity leave pay is accrued in full - the employer does not have the right to shift or reduce the number of days, as this would be a violation of working conditions. In order to receive the required rest days, a person must work for the company for at least six months.

If work is harmful to health, then the amount of vacation pay should be increased in accordance with Russian legislation. Article 260 of the Labor Code of the Russian Federation states that an employee has the right to take advantage of her paid leave both during pregnancy and when caring for a child.

earnings indexation;
for some regions the regional coefficient is taken into account;
funds for sick leave.

Not taken into account:

one-time bonuses;
interest payments;
compensation for business trips, travel allowances;
funds paid for participation in various competitions;
material aid;
payments for the purchase of copyrights;
dividends on securities.

To calculate vacation pay, you should use the following formula: Rho = C/12/29.3*K where, Rho This is the final amount of vacation pay C Sum of all payments (including average salary) 12 Number of months in a year 29.3 Average number of days in a month (for year) K Duration of vacation (in days) If after the vacation the employee is dismissed (possible only at her request), then the employer is obliged to give her a full payment. Depending on the internal regulations of the organization, the application can be submitted to the following persons:

The head of the company;
head of the HR department;
to accounting;
manager's secretary.

After receiving the application, in any case, the manager must affix a visa to it. In his absence, this can be done by an authorized person who has the right to sign. How to calculate leave after maternity leave Calculation of maternity leave is calculated based on the woman’s average earnings in the last months before going on leave due to temporary disability.

Maternity days are taken into account when calculating length of service. But this does not apply to child benefits, since these payments are not wages. To calculate, the accountant must take the period of work that preceded the registration of the maternity leave. This does not include maternity leave. Also, a young mother has the right to work part-time during maternity leave. In this case, she will be able to receive both child benefit and salary.

When calculating vacation pay, accounting should take this into account. Where to contact A woman should inform the head of the enterprise or the structural unit where she works about her intention to go on vacation.

In this case, a statement must be written, since an oral message has no legal force. The application should be drawn up strictly according to the sample. The text must mention the proposals for legislation and indicate the reason for the request.

Legal basis for determining maternity leave

According to the law, a woman can stay at home for 140 days, provided labor progresses normally. This period is divided into two periods: 70 days are issued to the woman before childbirth and the same amount after. This provision is regulated by Art. 255 Labor Code

In case of complications and other medical indications, this period can be increased to 156 days. In case of multiple pregnancy, a woman is given 194 days of sick leave.

Table 1. Duration of maternity leave

Base	total amount	Number of days before birth	Number of days after birth
Normal course of pregnancy	140	70	70
Complication, medical indications	156	70	86
Multiple pregnancy	194	84	110

After the expiration of this period, the woman has the right to go to work or apply for UzR. The law does not prohibit a woman from continuing to work until childbirth, but then she must write a statement.

As a rule, this situation arises when her salary exceeds the amount of sick leave. After all, many enterprises pay their employees their basic salary unofficially, and when calculating sick leave benefits, accounting departments calculate the average earnings for the year.

Registration of a certificate of incapacity for work

Also, the employee can independently regulate the period of sick leave. For example, she may divide 140 days into 70 days before birth and 70 after. Leave a month before the due date and rest for 3 months after giving birth.

The accrual of SS is regulated by Federal Law-173 of December 17, 2001. According to this document, maternity leave (or UzR) is included in the length of service, but not the insurance period. A reduction in maternity leave can only occur at the request of the employee herself. Management has no right to ask her to leave by threatening her with loss of her position or demotion.

Application for leave before maternity leave.

It is possible to go on another annual leave and add it to maternity leave if the pregnant woman has not yet taken it during the current year.
Even if she has not worked the required six months, she can use it, and the employer’s opinion does not matter. A young mother has the right to take annual paid leave both after maternity leave and after maternity leave for up to 3 years. It will be calculated for the 12 months that she worked before going on maternity leave. Therefore, there is no need to worry about payment, the employer will pay for it, and the woman will receive the same amount as she would have received for leave before maternity leave.

Since 2014, an amendment to Article 11 of Federal Law No. 173 has been in force, according to which parental leave up to 1.5 years is taken into account in the length of service. At the same time, the maximum number of such one and a half year maternity leave cannot exceed three, that is, maternity leave for up to 3 years with a fourth child will no longer be included in the work experience.

Parents are mistaken that they can extend child care up to 4.5 years (3 times 1.5 years).

Until the age of 4.5 years and even up to 6 years, maternity leave can only be extended by agreement with the employer, if he agrees to keep the employee’s job for that long. In this case, he will have to either partially pay the salary or allowance from his own funds.

The reason for extending the leave may be the unsatisfactory condition of the child. A special medical advisory commission (SMC) issues a certificate to the employee for the employer. The conclusion must be received annually.

If there are no grounds for extending the maternity leave, the employer has the right to refuse the employee and even fire her if she does not come to work and in the event of a lawsuit, the law will be on his side.

Editor of the online magazine “Vse-posobia.ru”

Employees who find out that they are expecting a child, according to Russian law, can receive additional benefits.

Among them are:

transfer to easier working conditions;
registration of part-time work;
avoidance of performing work duties in harmful or dangerous working conditions;
free medicines;
premature labor leave, without reference to the annual schedule.

To receive benefits, a woman must register with a medical organization and bring the employer a certificate confirming her status.

Few employees know that leave is required before maternity leave. In this case, it does not matter the time she worked in the organization, or when the previous one was issued.

In consultation, the doctor establishes the duration of pregnancy and the estimated date of birth, from which the beginning and end of the sick leave is calculated.

It should be emphasized once again that maternity leave compensation is not paid. Therefore, the employee can either exercise her right to extraordinary leave, or take it after the end of the time allotted for caring for the child.

The advantages of taking a vacation before going on maternity leave include:

the opportunity to relax before the difficult period of motherhood, take more care of your health and avoid nervous and physical overload;
receiving a cash payment, and the amount will be higher than in the case of taking leave after maternity leave;
preservation of days accrued for time worked.

In practice, it is noted that young mothers after maternity leave are quite tired of household duties. Therefore, maternity leave before going on sick leave is much more profitable, not only from a financial point of view.

The disadvantages of taking a premature vacation include the fact that after going back to work you will have to work for at least a year to wait for a new vacation.

Sometimes expectant mothers reserve the right to use days of annual paid rest until the end of maternity leave, in case problems arise with registering the child for kindergarten or other unforeseen circumstances.

In order to take leave before a certificate of incapacity for work due to pregnancy and childbirth, you will need to complete the following steps.

Decide on the duration of the rest period and the dates on which you plan to take it.
Discuss with management the possibility of taking leave before going on maternity leave.
Write an application for the selected dates.
Review the order in the HR department and receive a cash payment.

Experts recommend coordinating your vacation with your manager so that he can redistribute the duties performed by the employee to other employees. But this action is not legally required.

An application for vacation must be written no later than 2 weeks before the expected start date of the vacation. This period is important so that the accounting department has time to accrue and pay vacation pay due to the employee.

Completing an application for leave before maternity leave differs from the usual document that is filled out for rest due for time worked. The document must indicate the following information:

employee information;
duration of vacation;
link to article 260 Labor Code of the Russian Federation;
mention of financial assistance and other payments.

The application is reviewed by the employer, after which it is transferred to the accounting department for the calculation of all necessary benefits.

The head of the organization does not have the right to refuse a pregnant woman to receive annual leave before going on maternity leave.

If difficulties arise in obtaining the required rest days, a woman can contact the labor inspectorate or higher authorities.

If for some reason an employee did not take advantage of the rest before going on maternity leave, and would like to do so after it, then she should write a corresponding statement directly on the first day of going to work. Then the employer is obliged to provide her with leave immediately.

If she works for at least one day, she loses this privilege. That is, she, of course, will be able to go on vacation, but not on an extraordinary basis, but in accordance with the established schedule or by agreement with her superiors. Moreover, the manager is not obliged to agree to let the employee go on vacation on an urgent basis.

In addition, an employee on maternity leave can return to work part-time. Then she continues to be on vacation and receive the required benefits. However, in this case, she will not be able to take advantage of the right to her main annual vacation until the end of the maternity leave.

In addition to maternity leave, mommy receives additional rest, the number of days of which is calculated based on her stay on sick leave according to the BiR. She can take advantage of these days immediately after completing maternity leave. If this is not done, you will have to coordinate the time with your superiors.

In addition to maternity leave, a pregnant woman can take additional vacations. As mentioned above, many employers are not sufficiently aware of this issue and may not provide this type of rest. However, according to the labor code, any enterprise is entitled to provide special benefits and vacations, regardless of length of service, experience, and even if 6 months have not been worked.

These privileges include:

half-holiday;
simplifying work and simplifying tasks whenever possible;
protection from factors harmful to health;
holidays before maternity leave (at the employee’s request).

All requirements are spelled out in the labor code; enterprises do not have the right to refuse in these circumstances. If this was not discussed before hiring, you can still safely claim all of the above benefits.

Before touching on this topic, it is worth noting that vacation pay before maternity leave can only be issued once a year. If a work holiday has already been taken during the year, then it will not be possible to take it a second time.

Finding out how many days are allotted for expectant mothers is not difficult. This is subject to the normal paid holiday pay provided. As a rule, this is 28 days, but, for example, employees of educational institutions have 52 days off.

An interesting fact is that rest days can be distributed. In other words, having rested for 12 days before giving birth, the woman has 16 more days off. Also, unused vacation is not paid in addition to salary.

We suggest you read: Is it possible to change a TV within 14 days?

Vacation in advance

Any woman also has the opportunity to take time off, regardless of the length of work in the company. That is, vacation can be provided in advance, lasting 28 to 56 days, depending on standard annual vacation pay. The vacation days spent in the current year do not affect if the vacation is taken in advance. It is issued outside the vacation schedule and is counted in subsequent periods after returning to work.

When booking a vacation you should consider:

by taking time off in advance and in full, the next time off can only be taken with the onset of next year;
in case of dismissal from work during vacation pay, the employer has the right to withhold or recover the amount paid for being on maternity leave.

Before writing an application, several important questions should be resolved:

Having carefully assessed your situation, determine how much rest you will need, not forgetting about the weekend in advance;
try to coordinate the dates (start and end of vacation) with the head of the enterprise. This will be useful for both the manager and the employee. After all, he will be able to find a replacement or distribute responsibilities to other workers, while maintaining a good attitude;
It is better to write a request in advance (at least 2 weeks in advance). Review may take time. And the organization has a period of 14 days to approve the application;

Some organizations already have a ready-made vacation application template, but if they don’t have one, you can follow the template.

Any application must contain:

address to the head of the enterprise (full name);
information about the applicant (full name, position)
petition for paid maternity leave/leave;
time off;
request for accrual of vacation pay;
mention of Article 260 of the Labor Code of the Russian Federation;
signature and date.

Registration of leave for a part-time worker

If everything is clear with the paperwork for an employee when she goes on maternity leave, then in this chapter we will consider the question of how to correctly fill out an application from a woman who works part-time.

If an employee works part-time, then when she goes on maternity leave she will have to write two statements at once

The employee must submit two applications at once: for the main place of work and for the additional one. In this case, benefits will be accrued only for one place of work. Enrollment of vacation in the insurance period (the first 1.5 years) will also be credited only for one place of work.

You can read below about how part-time work is paid and how leave is processed for part-time workers.

Features of part-time work

When going on maternity leave, according to the law, the woman retains her job. However, when combining positions, such a position will be officially retained only at the main place of work. The second place can be vacated upon returning from maternity leave by agreement with the employer. Often, the part-time position is precisely that of “maternity leave”. Employers, in order not to hire a permanent employee, hire a part-time employee.

What is insurance experience

The insurance period includes only the period of the first one and a half years. The remaining 1.5 years are counted as labor time, but there are no insurance accruals for them, which means that this period will not have any impact on the increase in pension. Many women are concerned about receiving the maximum possible amount of benefits upon reaching retirement age.

New formula for calculating vacation pay

We all go on vacation every year, and three days before it starts we receive our vacation pay. Few of the employees of this or that organization know how to calculate the amount of vacation pay; basically, everyone relies on the knowledge and high qualifications of accountants. However, it wouldn’t hurt for the employees themselves to be aware of how vacation pay should be calculated in order to prevent miscalculations and mistakes. And knowing the amount of vacation pay in advance, you can plan it in detail, so that later you don’t have to borrow money for a vacation from friends and comrades.

Two vacations at the same time?

After the steps described above, the following situation may occur. Mom, having worked in her place for some time, will think about annual paid leave. But the fact is that she is still on maternity leave. In this case, does the mother have the right to go on a regular vacation? No, it is impossible to get two vacations at the same time.

For the employer, this point should be completely clear. A woman can either take advantage of the opportunity to take parental leave or go on annual and paid leave. She can’t possibly be on two vacations at once.

To confirm this approach to solving this situation, one can cite both by-laws and cases in which a court decision was made. Rostrud specialists pointed out back in 2012 that a working citizen does not have the right to use different types of leave at the same time.

The Supreme Court also emphasizes that a woman who receives compulsory social insurance benefits while on maternity leave and working short hours cannot be given the opportunity to go on annual paid leave. This happens because two or more vacations cannot be used at the same time according to the Labor Code of the Russian Federation.

Options for solving the problem

Specialists working in the field of social insurance also confirm this position. And again it is clearly stated that it is impossible to be on two vacations at the same time. If a woman who is on maternity leave, but works on a shortened day, wants to go on annual regular paid leave, then she will have to interrupt her maternity leave. After taking a break from parental leave, she can write an application for annual leave.

After the mother takes this vacation, she can draw up a new document that will allow her to return to maternity leave. Then she will be able to receive vacation payments, and in the future continue to receive child care benefits.

Shortened days worked that fall during maternity time are taken into account in the length of service for annual leave. You can also choose an option in which the days of annual rest are used immediately before maternity leave or, for example, immediately after the end of parental leave. This method is completely legal, and seems to be very convenient for everyone.

When they can refuse

How to receive compensation for unused vacation.

Compensation for unused maternity leave can be issued only in two cases:

upon termination of an employment contract;
if the required rest period is more than 4 weeks.

In the second case, compensation can only be paid partially, for additional vacation days, if the employee is entitled to them.

Replacing rest time with a cash payment is not the employer’s responsibility, so he can provide the employee with full vacation and pay for it.

Upon dismissal from the company, an employee will be able to receive the following types of benefits:

earnings for the period actually worked;
vacation compensation;
dismissal benefits, if required in accordance with legislation or local regulations.

However, termination of an employment contract entails the termination of all relations with the employer.

This method is usually used if compensation is needed for unused leave after maternity leave, and the woman does not plan to return to her old duty station.

How to get paid leave after maternity leave

The right to leave for a woman on maternity leave is enshrined in the regulatory documents of the Russian Federation.

To receive leave, you must do the following:

The employer must be notified in advance of the intention to receive paid leave , preferably 3 days in advance.
A citizen is obliged to leave maternity leave in order to take the next one (maternity leave ends, and the next day labor leave begins).
Write an application with an open date to the HR department.
Get vacation pay.

Is vacation accrued during maternity leave for up to 3 years?

Issues related to leave are of great concern to employed pregnant women.
After all, an important and special period in their lives is approaching, when they will have to give birth to a baby and be inseparable from him for some time. In the last weeks of pregnancy and after childbirth, you often want to be free from professional responsibilities in order to completely focus on the health and development of the baby. And so that at the same time there is time for household chores and relaxation. Therefore, many young mothers need not only maternity leave, but also annual leave.

In the last weeks, it is already difficult for pregnant women to cope with work functions. Therefore, they have the right to go on vacation 10 or 12 weeks before giving birth. Moreover, if the birth occurs earlier or later, this will not affect the duration of the leave under the BiR.

After giving birth, a woman can go on maternity leave until the child reaches three years of age. Such “vacations” are not included in sick leave and are paid separately. A child benefit in the amount of 40% of wages is accrued for the first 1.5 years, and then only compensation of 50 rubles monthly (or a little more, if provided for by law in the region).

A woman can return to her workplace at any time before the end of her maternity leave. Young mothers are also given the privilege to write a request to perform professional duties at home or work on a reduced schedule while maintaining child benefits. How many hours to work is discussed with the employer.

Unlike exemption under the BiR, parental leave can be taken out by any family member at their job. For example, a mother goes to work, and the baby’s grandmother takes an exemption, takes care of the newborn and receives benefits. Maternity leave is included in the length of service.

Typically, an organization draws up a special schedule of staff “vacations” for the entire year. However, pregnant employees are allowed to reschedule their rest period to take it before going on maternity leave.

To do this, it is better to notify the manager in advance. However, it may happen that a woman decides to take a leave of absence before maternity leave, and there will be very little time for warning.

And in this case, management does not have the right to refuse, since pregnant women may have different circumstances.

An employee's next vacation is granted after he has worked for the company for 6 months. But pregnant employees can go on vacation before maternity leave, regardless of how many days they have worked.

You can take a leave of absence so that it immediately turns into maternity leave by calculating the date of going on maternity leave. To do this, count 10 weeks ago from the expected date of birth (12 weeks for a multiple pregnancy).

If work has become difficult, the woman becomes very tired and nervous, she should take rest before going on maternity leave, because the well-being and health of the baby are more important. You can use “vacations” before maternity leave to great benefit for yourself and your baby.

Or maybe you’ll be able to go to a sanatorium and live outside the city.

However, after caring for a child, a woman may also need time to rest. It is not always possible for a mother to quickly place her child in kindergarten, or she needs to stay at home while the baby adapts to new conditions. Or maybe the woman is pregnant again and wants the first maternity leave to smoothly transition into the second.

In such situations at work, you can ask for a rest immediately after the end of maternity leave.

When a regular vacation is taken out, not only days worked are counted, but also weekends, holidays, and sick leave days. Parental leave is not included in the calculation, but maternity leave is included.

How many vacation days will there be during sick leave? For example, there are 28 days in 12 months. Then divide 28 by 12 and multiply by 5 months of sick leave (140 days or more). It turns out 11 days - that’s how much you can ask for additionally for the current year.

Holidays are paid based on the average salary. Maternity and child benefits are also taken into account when calculating vacation pay. Therefore, you don’t need to worry that you won’t have enough vacation pay if you take a “vacation” after maternity leave.

During your second pregnancy, you should calculate the day of sick leave. And then see how many days there will be between the end of the first maternity leave and the beginning of the second. If a woman has enough vacation days for this period, then she doesn’t have to go to work. If there are not enough days, you will have to return to work life for a while.

It is also possible that a mother is still at home with her first child, but she has already been granted sick leave under the BiR with her second child. When to take well-deserved rest days needs to be decided thoughtfully. When taking the entire calendar rest before sick leave according to BiR, you need to be sure that it will not be needed after the end of the period of child care.