Rules for filling out an application for leave before maternity leave + sample. How many days can I ask for?

Some women expecting a child decide to take annual leave before going on maternity leave.

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There may be various reasons, for example, poor health or concern for the baby’s health. Some parents decide to renovate the room before the birth of a new family member, or take special training courses designed for young mothers.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

All this takes time, and the only way to get it is to take annual leave.

Is it possible to take it?

A pregnant woman has the right to take leave before maternity leave. As you know, annual leave is provided to employees in accordance with the schedule adopted 14 days before the new year.

However, current legislation establishes the possibility of obtaining leave, regardless of the schedule drawn up.

Pregnant women can receive annual leave before maternity leave if they have not already taken it.

It is recommended to notify the employer of your decision in advance so that he can resolve organizational issues.

Pregnant woman's right

A pregnant woman has a number of rights, one of which is the right to annual leave.

However, the employer does not have the opportunity to refuse to provide it.

conclusions

Annual rest within 28 calendar days before maternity leave is the right of any pregnant woman officially employed by the company.

An employee must be provided with rest time regardless of her length of service and unused vacation days.

Each vacation day is paid in the general manner - based on average earnings for the last 12 months.

Annual leave must immediately precede maternity leave; there should be no return to work between these two periods, otherwise the employer has the right to refuse the employee.

Leave is granted only if the woman herself wishes, based on her application. Management does not have the right to refuse or force someone to take a break.

What does the law say?

The legislation establishes the right of a pregnant woman to take annual leave before going on maternity leave.

To do this you need:

• determine its duration;
• agree on the date of removal of labor duties with the employer.

Labor Code

The basis for the need to provide leave to a woman expecting a baby is Article 260 of the Labor Code of the Russian Federation.

In accordance with it, you can get days off before maternity leave or immediately after it. The woman’s length of service and insurance coverage with the employer does not matter.

When does the need arise?

According to generally accepted standards, at each enterprise and organization, the personnel department develops its own schedule, including vacation periods for each individual employee. After this document was drawn up at the beginning of the current year, it is signed by the manager. That is, the priority is set by the employer.

To change an already approved schedule, the employee must submit a written request to postpone the vacation period.

The basis for this is the upcoming birth and the pregnancy itself. Indeed, on the basis of Article 260 of the Labor Code, an employee has the right to receive such leave before going on maternity leave.

The reasons for receiving additional paid time off may vary. For example, a woman has health problems. But the upcoming birth is indicated as a legal basis in the application.

It is necessary to understand that if you go on leave before maternity leave, you should not count on increased payments. In this case, calculations are carried out as standard, that is, in accordance with the salary.

But the paid annual vacation period received immediately after maternity leave is approximately 60% greater than the amount of the benefit accrued in connection with child care. The only negative in this case is the limited period of such paid rest (it is only 28 days). And it is impossible to extend it until the one and a half or three years required to care for the baby.

Vacation before maternity leave

In accordance with the Labor Code, leave before maternity leave in 2020 is provided to a pregnant employee by her decision. The employer does not have the right to issue a refusal, since it would be a violation of the norms of the Labor Code of the Russian Federation.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Remember that you can protect your rights by contacting the labor inspectorate. Not only will it provide leave, but it will also hold the employer accountable.

Advance

A pregnant woman has the right to take leave, regardless of the time she has worked. It follows from this that she can take 28 days off or even more if this is provided for by her position.

If the leave has already been used, then the woman has the right to demand leave in advance.

This means that it will be counted in the working period after returning from maternity leave to work.

If you want to book your vacation in advance, it is important to consider the following nuances:

1. After returning to work, you will be able to re-apply for annual leave only at the beginning of the next working period.
2. If, after completing maternity leave, you decide to end your relationship with the employer, then compensation will be collected from your mother.

Regular annual

The next annual leave, as noted above, is granted without taking into account the previously drawn up schedule. Interestingly, weekends can only be partially used.

This is important to know: When to pay contributions from vacation pay in 2020

For example, take part of the leave before going on sick leave in connection with pregnancy and childbirth, and spend the remaining time after - after completing maternity leave or after returning to work duties.

It is important to pre-agreed all these issues with the employer so that he can resolve any work issues that arise.

Paid

Leave granted to a pregnant woman is paid in accordance with the time worked.

She receives the payment while on vacation - on the day when wages are due.

At your own expense

If the vacation has already been used, but you don’t want to arrange it in advance, you can get the weekend at your own expense - i.e. they will not be paid by the employer. To do this you will need to fill out an application.

It can be submitted for consideration in person, having previously registered with the secretary, or by sending it by registered mail.

Compensation for unused

In accordance with current legislation, it is impossible to replace vacation with financial payment.

This is only possible if, after completing maternity leave, the employee decides to resign.

At what month of pregnancy do you legally go on maternity leave? See here.

How to take leave before maternity leave: step-by-step instructions

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:

1. If a woman asks about this on the eve of a holiday under the BiR.
2. If an employee submits an application for calendar leave immediately upon returning from leave under the BiR.
3. 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.
4. 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. And even if the employee’s work experience is less than what is needed to take a full vacation, it must be provided against future vacations.

https://www.youtube.com/watch{q}v=_aJnkKFRXCQ

The length of service at this enterprise does not play any role at all; the law allows a pregnant woman to work one day, write an application and from the second day go on annual leave from work, then on leave under the BiR, and then on leave to care for children until she turns 3 years (and if there are grounds, 4.5 and 6 years). And it is prohibited to recall pregnant women from vacation for any reason.

However, it is worth keeping in mind that if a woman has taken annual leave over the past year, and the new period has not yet begun, the employee is not entitled to rest, and in this case she cannot claim either leave before maternity leave or rest after.

If an employee has firmly decided to take annual leave right before going on B&R leave, she needs to notify her superiors and provide a set of documents. Registration of leave will consist of the following stages, mandatory for organizations of any legal form:

1. The employee asks for a certificate from the antenatal clinic where she is being monitored during pregnancy, indicating that she will soon be going on maternity leave. The document must certainly be certified by the seal of the clinic and the signature of the director. Receiving a certificate usually takes 1-3 days.
2. The woman draws up an application with a request to postpone the vacation and indicates its duration as a whole and its beginning and end. The basis for rescheduling the vacation is indicated. The application left in the personnel department will be the basis for the issuance of an order by the manager.
3. An order is issued in a free or unified form accepted at the enterprise to provide the woman with rest. The text indicates the day of its beginning and end, as well as the duration. A copy of the document must be filed in the employee’s personal file, and she must sign the original.
4. The HR department makes an entry in the employee’s personal card.
5. The vacation schedule is adjusted and the reasons for postponing dates are indicated.

A woman who has just returned from maternity leave has the right to go on annual vacation if she did not take advantage of this right before the start of maternity leave. It is recommended to first work any amount of time, and only then write an application for annual leave - employee salaries are subject to annual indexation, and if this is done, the amount of payments will be increased by increasing the salary and taking its size into account when calculating.

The woman simply starts work the next day, after the date indicated in the manager’s order as the last day of maternity leave. In order to immediately receive the right to annual paid leave after maternity leave, you need to:

1. Work for a certain amount of time (so that the new, increased salary is taken into account when calculating vacation pay) or contact the HR department on the first day.
2. Write an application addressed to the manager with a request to provide annual leave and pay vacation pay. No additional documents are needed - the employer has a copy of the order for the employee to go on parental leave.
3. Wait for the employer to issue the order and sign it.

If an employee wishes to obtain the right to annual vacation in order to receive additional money, it is recommended to arrange for vacation before going on maternity leave, since vacation pay in such a situation is subject to calculation on the days worked for the previous year. It is necessary to arrange the maternity leave in such a way that part of it does not fall on vacation according to the BiR, otherwise rest days and money are wasted in vain - both vacation pay and allowance for the BiR cannot be paid at the same time.

When a woman takes a calendar paid leave in order to spend more time with her child and thereby extend maternity leave, it would be logical to write a letter of resignation for annual leave for the period after maternity leave. Vacation pay will be approximately 60% higher than the allowance for caring for a child up to one and a half years old.

Taking an annual break from work immediately upon completion of the BiR leave makes sense only in the case when the mother does not intend to take parental leave, transferring the right to take it to another family member. Then she will have the opportunity to stay with the baby longer and receive vacation pay, while the family member caring for the child will also receive a childcare allowance.

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.

We suggest you read: Litigation about children

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.

How many days are there?

Annual leave, even if it is taken out before going on maternity leave, is set for the required 28 days, taking into account additional days off (if they are due).

The law prohibits considering options for providing leave whose duration will be less than this period.

On the contrary, an employer can increase vacation time on the following grounds:

• personal initiative;
• terms of the employment contract;
• compliance with the law on the provision of additional rest.

Procedure for provision

Article 124 of the Labor Code of the Russian Federation provides for the possibility of transferring annual leave to the next working period by agreement between the employee and the employer. So, if a woman has two unused vacations, then she can add them to maternity leave.

Moreover, the procedure for granting days off is regulated by Article 125 of the Labor Code of the Russian Federation, according to which it is possible to divide annual leave and take out only part of it before maternity leave.

Decor

To get leave before maternity leave, you will need to follow a few simple steps:

1. Decide what the duration of the vacation should be (do not forget about the specifics of the weekend paid in advance).
2. Agree with your employer on the date and duration of your vacation. Keep in mind that management will need to resolve a lot of organizational issues in connection with your departure, for example, finding a temporary employee. Some bosses refuse to provide leave, then it is worth recalling Article 260 of the Labor Code of the Russian Federation and the right to file a complaint with the labor inspectorate if rights are violated.
3. Make a written statement. It must be submitted two weeks before the start of the holiday.
4. Wait for the corresponding order to be issued.

How to write an application?

The form of an application for leave is not established by law, so the document is drawn up in any form.

It is important that it has the following content:

• position and full name of the person to whom the application is sent for consideration;
• information about the compiler himself and his position;
• duration of the weekend;
• date of submission for consideration, signature.

When are maternity benefits paid? Read here.

How to write an application for maternity leave? A sample is presented in this article.

Sample

When drawing up an application, it is recommended to use a sample. This will avoid making mistakes when preparing the document.

A sample application for regular annual leave is here,

A sample application for maternity leave and receiving payments is here.

How to write correctly?

An application for rest before maternity leave is drawn up in any form. It can be handwritten or typed on a computer, but the signature on the document must always be handwritten.

The application must be completed in the following order:

1. First you need to fill out the application header. The initials of the head of the organization are indicated in the upper right corner, the full name of the employee and the name of the position she occupies are also written there. The name of the document is written in the middle of the sheet.
2. The main part of the application sets out a request for leave before maternity leave with reference to Article 260 of the Labor Code of the Russian Federation.
3. The number of desired days of rest is indicated - within the annual duration. If there is not enough experience, you can still request all 28 days.
4. The date is indicated at the bottom, a signature is placed, as well as the applicant’s full name in words. To clarify the contents of the application, you can contact the HR department, who will check the document and explain all the details.

In general, the application must be written in the same way as in a normal case, only you should refer to Article 260 of the Labor Code of the Russian Federation, which provides the opportunity to take a vacation immediately before maternity leave, regardless of length of service and other circumstances. Samples of vacation applications.

The application must not be submitted on the very last day, but must be written approximately 14 days before the start of the vacation.

The employee’s statement serves as the basis for issuing an order to provide labor rest. This document is required for accrual of vacation pay (three days before the start of the vacation).

Sample

Below is a sample application for annual paid rest before maternity leave lasting 28 calendar days.

Sample application for leave before maternity leave - .

Useful video

Is it possible to take another vacation before maternity leave, how many days can you expect - see the answers to the questions in the video:

An employer cannot refuse to grant a pregnant woman leave before maternity leave if she writes an application. This is provided for in Art. 260 Labor Code of the Russian Federation.

Even if, when applying for your next work holiday, problems arise with rescheduling, this cannot be a reason for refusal. In case of violation of rights, a pregnant woman can file a complaint with the labor inspectorate.

Video about vacation planning

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Vacation before Maternity Leave Labor Code 2020

Contents: Women who are expecting a child, and at the same time do not stop performing their work duties directly at the workplace, can count on additional social protection from the state.

All useful information was collected in our article. Is it possible to take another vacation immediately before or after maternity leave? This question worries many pregnant women. Often it is already problematic for a woman to carry out her routine duties or even just get to her workplace.

This is important to know: Vacation while saving a place in kindergarten

Vacation for pregnant women before maternity leave

When calculating length of service giving the right to basic annual paid leave, the length of the working day and working week does not matter. Women working part-time receive annual basic paid leave under the same conditions as those performing similar work with normal working hours.

Thus, annual leave should not begin earlier than the working year for which it is granted. So, if a pregnant woman has the right to use annual paid leave for the next working year, then the employer is obliged to provide it to the woman in advance.

If the pregnant woman has not acquired such a right (the vacation has been taken off for the current year, and the new working year has not begun), then the employer is not obligated to provide vacation for the next working year.

Sample application for leave before and after maternity leave

Before going on annual leave, the employee is required to notify the employer about this by writing a statement. It is on this basis that the boss issues an order for the woman to go on vacation. A break from work before or after maternity leave is an ordinary paid leave, and therefore the application form has a standard form.

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

Leave before maternity leave - how much is required in 2020

However, it is still possible to receive compensation payments during pregnancy. The only legal option to do this is to formalize your dismissal at your own request. In these circumstances, labor laws provide the resigning woman with compensation, just like any other employee.

Based on Art. 260 of the Labor Code of the Russian Federation, a pregnant woman has the right to regular paid rest before and after the maternity period, even if she has not worked for the company for 6 months. In this case, the duration of annual leave can be standard, that is, all 28 days.

How many days before maternity leave should I apply?

If a woman decides to take her allotted leave earlier than scheduled due to going on maternity leave, then she needs to notify the company management in advance.
According to the law, the employer does not have the right to refuse to provide rest. But you need to understand that a woman going on a long vacation can have a negative impact on the functioning of the enterprise.

Therefore, the head of the company needs to plan everything in advance, take measures, and make changes to the employee vacation schedule. It is recommended that you apply for your holiday at least two weeks in advance.

Pregnant women are allowed to rest not according to a schedule, but at will. This is stated in Article No. 260 of the Labor Code of Russia.

Vacation before maternity leave in 2020: is it possible to take it?

A pregnant woman can take advantage of Article 125 of the Labor Code of the Russian Federation, which regulates the possibility of dividing the annual O. and taking part of it before maternity leave. For those who are not sure of their desire to work for an individual entrepreneur or a company after the expiration of vacations related to employment and care, it makes sense to add only the days worked by O to the maternity leave.

The employer should familiarize the pregnant woman with her rights, in particular with the specifics of granting leave. Despite the fact that the vacation schedule was drawn up in advance, in December of the previous year, changes should be made for this category of workers. Indeed, often such a state of affairs turns out to be a surprise for all parties.

https://youtu.be/RL2DLNCIWk0

How many days can I submit a request?

The law allows a pregnant woman to take a leave of absence of up to 28 working calendar days (for women working under general working conditions).
If an employee holds a position that provides for additional vacation days, then up to 56 days.

The manager can extend the vacation:

• under special circumstances in which additional vacation days are provided in connection with overtime work or difficult working conditions;
• according to the terms of the employment contract or additional agreements;
• at your own request.

According to Art. 124 of the Labor Code of the Russian Federation, transferring rest time to the next period is possible only with the consent of the employee. An employee who has the right to two vacations in the current period can add them to her maternity leave time. In total, she will be able to rest for about 126 days (70+56) before the birth of the child.

Important! A pregnant employee can take advantage of Article 125 of the Labor Code of the Russian Federation, which makes it possible to divide the annual leave and take part of it before maternity leave.

It is important that at least one of the parts must be at least two weeks old.

For those who are not confident that they will remain working for this organization, it makes sense to take advantage of only guaranteed days of rest and not take them in advance.

Vacation before maternity leave: how much is required? Is it possible to take it? 2020

When calculating the number of allotted vacation days for the time actually worked, vacation according to the accounting and labor regulations is taken into account. For 140 days of such leave, 11 days of vacation are due. A more detailed and accurate calculation will be made by an accounting employee at the place of work.

People go on maternity leave according to a written application, but it should be noted that it cannot be written before receiving a certificate of incapacity for work (sick leave). Typically, such a document is issued by a women's clinic for a period of seven months.

Is it possible to take annual leave before going on maternity leave under the labor code?

The Labor Code states that every employee who has worked at an enterprise for more than six months has the right to receive regular rest. This also applies to women before maternity leave.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The law allows the use of vacation days in advance (in advance) if the employer is confident that the subordinate will continue to work after the end of the provided vacation.

Regular leaves before the maternity period are granted to women, taking into account the following rules:

1. The employee has the right to independently choose the time of the vacation period - before receiving a certificate of incapacity for work for pregnancy and childbirth or after it. This possibility is guaranteed by Art. 260 Labor Code.
2. Applications for leave before maternity leave can be submitted regardless of length of service in the organization. According to the general rule, each ordinary employee can claim 28 days of annual and paid time off. It is generally accepted that for every month worked, two days are accumulated. But women before the maternity period can receive more rest than the accumulated months worked in the current year (Article 122 of the Labor Code).
3. The number of days of maternity sick leave cannot be regulated by the employer or the pregnant woman herself. Its duration is clearly established by law. The only legal basis for a longer maternity leave is complications during childbirth (Article 255 of the Labor Code of the Russian Federation).
4. The distribution of the priority of rest among employees occurs in accordance with the vacation schedule. The maternity leaver has the right to make adjustments to the current schedule after its approval (Article 123 of the Labor Code of the Russian Federation).
5. The employer must transfer the accumulated days to future periods if there is such a statement from the employee (Article 124).
6. It is prohibited to hire or call women to work before maternity leave.

Important to know: Family Leave Application: 2020 Sample

An employee, at her personal request, can use only part of the vacation, and transfer the remaining days to another time (after the end of sick leave or after leaving maternity leave for a child under three years of age).

Advantages and disadvantages of taking leave before maternity leave.

The Labor Code gives a pregnant woman the right to receive annual leave immediately before going on maternity leave.

According to Article 260 of the Labor Code of the Russian Federation, a pregnant employee can receive such leave regardless of the employer’s wishes and the vacation schedule approved by the company.

A fairly significant advantage of using the next vacation before going on maternity leave is the material benefit. Many women use this option to get not only additional rest time, but also money before giving birth.

The second option for using your next vacation is to go on it after maternity leave or parental leave.

You can go on annual leave immediately after the end of maternity leave. However, in most cases this option will not be profitable from a financial point of view. If a woman intends to continue caring for her child, and the sick leave ends in December, then she can take leave until the end of the year, and from January go on care leave for up to 1.5 years. When calculating vacation pay in this case, you should keep in mind that the time spent on sick leave is not included in the calculation.

For those who want to extend their stay with the child after he reaches 1.5 or 3 years, there is also the opportunity to go on another vacation. In this case, income data can be taken from earlier periods if data for the last year is not available. If it is not possible to determine the amount of income, then data on earnings by position of the employee are taken for calculation.

It is necessary to take into account two features of leave after maternity leave:

• If leave is taken immediately after the end of sick leave, then the duration of parental leave is proportionally reduced. For example, if a woman decides to take annual leave for 14 days, then leave up to 1.5 years will be reduced by the same 14 days
• After the end of sick leave, vacation is usually taken by those employees who plan to return to work. In this case, another working relative of the woman is granted maternity leave.

- statement. It does not have a strict template and contains a request for leave with a specific indication of the leave period. Based on the application, an order for granting leave will be drawn up

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– certificate of registration for pregnancy from the consultation. It is provided only if leave is taken before going on maternity leave

No further documents are required from the employee. After receiving the application, the employer’s task is to check the possibility of providing leave and accruing leave amounts. Payment of vacation pay is made at least 3 days before the start of the vacation, in accordance with Article 136 of the Labor Code of the Russian Federation.

In order to obtain the right to go on vacation while maintaining the average salary until maternity leave, you must have the following documents with you:

1. An application drawn up in free form for the provision or shift of rest.
2. Certificate from the antenatal clinic about registration in connection with the onset of pregnancy.

It is the responsibility of the HR department to check whether the employee has the right to go on vacation (whether she has taken it off recently) - you do not need to fill out any paperwork yourself. If you take leave after maternity leave, you do not need to provide additional certificates.

Mistake #1. Immediately after taking leave to look after the baby, the employee writes an application for calendar leave while maintaining the average salary. The bosses refuse because the woman does not have enough work experience to apply for annual leave.

Even if the employee does not have enough length of service to grant her annual leave, the employer is obliged to issue it against future leaves.

Mistake #2. A pregnant employee asked her manager to provide her with paid leave before going on leave for employment and labor regulations. She was denied due to the fact that such leave was not provided for in the vacation schedule.

The employer is obliged to let the pregnant woman go on vacation at any time convenient for her, despite the fact that the vacation may turn out to be unplanned by the HR department.

Is it possible to take a vacation in advance?

The issue of obtaining days off in advance arises when the period of maternity or sick leave is scheduled for the beginning of the calendar year. That is, the full amount of vacation has not yet been accumulated. Having agreed on all the conditions with the employer, the employee can receive a vacation in advance, but she must be prepared for two consequences.

When returning from sick leave or maternity leave, a woman will not be able to take out regular paid leave. We'll have to wait until the next calendar year.

The second nuance is related to vacation payments. Dismissal from the organization on maternity leave or at any time before returning to work entails the withholding of part of the vacation pay.

How to calculate the date of annual leave before maternity leave

As noted above, the duration of annual rest depends on the period of work at a particular enterprise. And for each month the employee receives an additional two days of paid time off. To calculate the duration of an existing rest, you need to use the following formula:

• KMR – number of months of work;
• 2.33 – universal coefficient;
• BEFORE – days before maternity leave.

As for the rules for accounting for the current month, that is, the application is written before the 15th day, then the month is not counted, but if after, it is taken into account.

For example, Khomenko O.A. has been working as an accountant at the company for more than five years. On May 5, 2020, the gynecologist set a date for the woman to go on maternity leave. The employee decided to get the days in advance and wrote a statement from April 7, 2020. The HR employee considered that Khomenko O.A. can get:

4 * 2.33 = 9 days.

The HR officer also counted April, since at the time of entering maternity leave, the woman will already have four full months of work. Khomenko O.A. I discussed with the director the possibility of receiving a day in advance, and therefore was able to fully use 28 days.

In addition, labor legislation provides a list of jobs and vacancies for which a long duration of regular and paid rest is recorded. An employee can add the main and additional days before maternity sick leave and use them together.