Basic Concepts
Maternity leave according to the Labor Code of the Russian Federation is a long-term removal from official duties, on a paid basis and with retention of position. This time consists of two separate periods:
- For pregnancy (provided 30-90 days before the expected date of birth, subject to a medical certificate. In addition to the monthly salary during this period of time, social benefits for the BiR are also due);
- For child care (after the birth of a baby, a woman begins a second compulsory leave lasting up to 3 years. During this time, you can also count on a monthly income from the place of employment. But instead of the BiR benefit, the state allocates one-time social assistance, the amount of which does not exceed 190 thousand rubles).
Such conditions for maternity leave are provided by the Labor Code for all pregnant workers, regardless of their length of service and position. However, a woman has the right to go to work early.
The Labor Code of the Russian Federation also defines the category of women for whom maternity leave is automatically increased:
- 14 days – for two or more children expecting;
- 21 days – for those living in an environmental danger zone (next to nuclear power plants, large production enterprises, or factories);
- 7 weeks - for difficult labor.
In what other cases does the Labor Code provide for the extension of maternity leave after 3 years, we will find out later in the article.
Maternity leave up to 4, 5 years
The duration of the period for childbirth and raising children is determined by Article 255 of the Labor Code. It talks about providing mothers with exactly 140 vacation days during pregnancy and childbirth (70 for pregnancy and 70 after childbirth). The number of days increases to 156 in case of complications and to 194 days if the mother gives birth to several children at once on the same day. When a young mother’s sick leave is closed, the countdown of the paid year and a half begins. The period can be extended up to 3 years, but the last 1.5 years will no longer be paid.
Procedure for taking maternity leave
In order for a pregnant employee to go on maternity leave, she needs to provide an extract from a gynecologist confirming her situation. Based on this document, the manager draws up an order for her temporary removal from official duties for a period of 140 days. But in addition to the certificate, the following package of documents is required:
- Application for maternity leave (it indicates the name of the organization, the initials of the employee and a written request for leave with subsequent accrual of benefits);
- Passport;
- Certificate of income (based on this statement, the employer sets the amount of contributions for his subordinate for the period of her stay on maternity leave).
Advice! To increase the standard period of maternity leave, a statement from the doctor is required, which indicates the fact of expecting twins or the risk of complications during the period of delivery.
Standard periods
As a standard, a pregnant employee is given no more than 30 weeks of leave to prepare for childbirth. And only if she lives in hazardous environmental zones, is expecting twins, or is at risk of complications, can a woman count on extending her vacation for a period of 14 to 49 days.
It is important to know! As for the time to care for the baby, its duration cannot exceed 3 years - in normal situations, and 54 months - if there are grounds for prolonging the maternity leave.
Payments
Every officially employed woman has the right to receive a monthly income at her own fixed daily rate when going on maternity leave. The state supplements the employee’s budget with social benefits only in two situations:
- After childbirth, the woman’s health condition is unstable, she needs temporary rehabilitation;
- Birth of twins or triplets.
In other cases, new mothers can count on one-time assistance under the BiR in the amount of 17,500 to 140,000 rubles. Additional income during vacation is possible only if you return to work early on a part-time basis.
Nuances of the procedure
Every employee has the right to receive extraordinary unpaid leave if difficult circumstances arise in his family or life or there are other valid reasons. The duration of the period can be up to 12 months with the right to extension. When an employee is on legal leave, dismissal is prohibited. The following rules apply to pregnant and postpartum women.
From 1.5 years
The current provisions of the Labor Code of Russia (Article No. 260) indicate that a woman’s right to take out annual leave can be taken immediately upon reaching 1.5 years of age as a child.
Up to 3 years
To extend maternity leave for up to 3 years, the employee must contact the employer with an application. In this case, there is no need to provide additional documents or evidence of valid reasons. The right to look after a child until he reaches 3 years of age and receive benefits is established in the current laws of the Russian Federation.
Nuances of the procedure:
- Contact the HR department or your immediate supervisor before the end of the first period of maternity leave.
- Draw up a free-form application addressed to the director of the organization about the need to increase the duration of time off and indicate the period.
- Submit an application to receive monthly benefits of 50 rubles. Of course, the mother may not have a need for benefits of this size, but the employer does not have the right to withhold them.
There is an alternative - before leaving for the first maternity leave, it is allowed to draw up an application for time off until the child reaches three years of age. In this case, it is enough to make a request once and go to work after the specified period.
In such a situation, it is possible to increase the amount of the benefit due to its even distribution over the specified period.
Up to 4.5 years
To extend maternity leave to 4.5 years, according to new amendments to the law, the mother will have to go through a similar procedure as when the baby reaches the age of 3 years. Accordingly, in order to save her job, the employee must come to the employer and submit a request.
The only thing that has changed is the set of documents. So, you need to supplement the list for the employer with a certificate justifying the duration of the leave. Such a document can be a medical report on the woman’s condition or a VKK conclusion on the health of the child.
Up to 6 years
When extending maternity leave to 7 years, you must be guided by the provisions of the Labor Code of Russia.
According to the law, parents have the right to look after their child without going to work and maintaining a place until the child is 6 years old. However, there must be good reasons for this. It is noteworthy that the length of service and salary are subject to preservation. In this case, there are two options for increasing the duration of time off:
- Agree with management. In such a situation, the period and conditions for the employee to be on legal “rest” can be negotiated by the parties. There is only an amendment to the legislation indicating the need to provide evidence of valid reasons. It is noteworthy that this method is rarely used, since the employer needs to pay benefits from his own profits and retain wages (in full or in part).
- Availability of documents indicating the validity of the request to increase the length of the period. But in such a situation, 6 years is the maximum limit upon reaching which the employer has the right to fire a person.
A valid reason for increasing the period is a medical certificate from an accredited clinic. The document must confirm the unsatisfactory state of health of the minor. In addition, the certificate must contain information about the impossibility of attending kindergarten.
Read also: Violation of the rights and interests of a child
Renewal conditions
In order for an employer to extend maternity leave for a pregnant employee, he must provide supporting documentation indicating the grounds for such a decision. It could be:
- A statement from the doctor about the health status of the mother in labor;
- Certificate of residence (needed for those who live near factories, nuclear power plants, etc.);
- A doctor's conclusion about the presence of two or more fetuses.
In addition to the listed papers, the woman must attach an application requesting a long leave. Indeed, in the event of an inspection of the enterprise by the labor inspectorate, this form will become the only confirmation of the employee’s legal absence from the workplace.
Legal grounds for extending maternity leave after 3 years
In practice, the extension of maternity leave after 3 years occurs quite rarely, since this event must be preceded by serious reasons. Namely:
- The presence of pathology in the baby;
- Poor health of the child;
- Need for care due to disability.
At the same time, the boss reserves the right to completely deprive the employee of the payments due to her during the first 3 years of maternity leave. Management cannot force a subordinate to return to work early, contrary to the listed reasons, since this is prohibited by Federal Law.
Extension of maternity leave to 3 years and 4.5 years in 2020
Thus, an additional 1.5 years can be considered vacation at your own expense. This period is taken into account when measuring the mother’s insurance period. It will be counted when applying for a pension. For mothers who have given birth to more than one child, additional leave will be counted for each child. For example, if triplets were born, then the length of service will be recorded not as 1.5 years, but as 4.5 years. In this case, the vacation itself cannot be increased, but a larger number of days in the work experience will affect the amount of pension payments in the future.
Procedure for extending parental leave
When going on maternity leave, a woman provides the employer with a full package of documents confirming her position. However, these papers will not be enough to extend parental leave. They will need to be supplemented with the following forms:
- Application for extension of maternity leave to 4.5 years (drawn up in the same form as the request for removal from official duties due to childbirth);
- VKK extract (to receive it, a new mother needs to go to a local clinic and conduct a full diagnosis of the child);
- Birth certificate.
Attention! Having collected these documents, the woman can safely contact management with a request to extend the maternity leave.
How to obtain a VVK certificate to extend vacation?
If an employee has good reasons for increasing the duration of “rest,” then the manager does not have the right to create obstacles or refuse.
Likewise, the director does not have the authority to dismiss an employee while he is not performing his official functions. Good reasons for increasing the rest period may include:
- the woman’s unsatisfactory state of health is confirmed by a doctor’s certificate;
- a chronic illness in the newborn or a weak immune system.
In such a situation, it is clear that the mother’s constant presence with the newborn is a necessity, and going to a kindergarten is inappropriate. However, a standard medical record or doctor's note is not enough. The employee must apply for a medical commission's opinion. It is noteworthy that not only the mother, but also other relatives of the family can apply for an additional maternity leave.
Contents of the certificate from the VKK:
- establishes the chronic course of the disease;
- the child has allergies;
- Due to a weak immune system, the baby is susceptible to frequent illnesses.
At least one confirmed reason is a legal basis for extending maternity leave.
You can obtain a VKK certificate at the following institutions:
- district children's clinic;
- commercial clinic with accreditation.
Procedure for visiting doctors:
- Pediatrician - to obtain referrals to other medical specialists.
- Visiting doctors as prescribed, as well as visiting doctors specializing in the child’s illness. The conclusion from each doctor is reflected in the medical record.
- It is necessary to submit urine, blood, and feces for analysis. The results obtained are also recorded in the outpatient card.
- Make an appointment with an immunologist and get recommendations on your child’s daily schedule, nutrition and rest.
- Examination and consultation with a medical commission - VKK, as well as receiving from them a final medical opinion in the form of a certificate.
Documents received from the VKK are the basis for extending parental leave for a child under 6 years of age. However, the mother and baby will have to undergo this procedure every six months and submit a certificate to their place of work.
Read also: State duty on alimony in 2020
Can an employer refuse
In accordance with Article 256 of the Labor Code of the Russian Federation, the employer does not have the right to refuse to provide maternity and child care leave. In addition, the boss cannot demand that a pregnant employee even return to work early without the consent of the subordinate herself. Violation of these conditions entails serious liability in the form of a fine or even removal from a leadership position.
The same applies to the extension of maternity leave if it occurs legally. Dismiss the new mother, according to Art. 256 of the Labor Code of the Russian Federation, the director of the enterprise can only after 6 years, from the official date of the start of her vacation. Moreover, the specified period is a maximum, so it implies payment without notifying the employee.
Summary
- Is it possible to extend maternity leave to 4.5 years for a mother with many children in 2020?
- Can I extend maternity leave to 4.5 years and which law should I refer to?
- Is it possible to extend maternity leave to 4 years if the child is often sick?
- Is it true that maternity leave has been extended to 4.5 years and how long will they pay?
- Is it possible to extend maternity leave to 4.5 years?
- Is it true that maternity leave has been extended to 4.5 years?
- My maternity leave of up to 3 years is ending. Can I extend it to 4.5 years?
Questions
1. Is it possible to extend maternity leave to 4.5 years for a mother with many children in 2020?
1.1. No, this is not provided. This was a bill that was not adopted by the State Duma.
2. Can I extend maternity leave to 4.5 years and what law should I refer to?
2.1. You can't, Art. 256 of the Labor Code of the Russian Federation At the request of a woman, she is granted maternity leave
until he reaches the age of
three years.
During the period of parental leave, the employee retains his place of work (position).
3. Is it possible to extend maternity leave to 4 years if the child is often sick?
3.1. No you can not. Only if the employer provides you with leave without pay.
4. Is it true that maternity leave has been extended to 4.5 years and until how long will they be paid?
4.1. Is it true that they extended maternity leave to 4.5 years and how long will they pay?? -there is no such law yet
5. Is it possible to extend maternity leave to 4.5 years?
5.1. There is no such law yet. So it’s impossible.
6. Is it true that maternity leave has been extended to 4.5 years?
6.1. It hasn't been extended yet.
7. My maternity leave of up to 3 years is ending. Can I extend it to 4.5 years?
7.1. The law provides for parental leave only up to 3 years of Art. 256 of the Labor Code At the request of a woman, she is granted leave to care for a child until he or she reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws.
7.2. No. nothing has changed in this regard yet. So parental leave is only up to three years. As for 4.5 years, changes have been made to pension legislation
8. I am on maternity leave. Now my son is two years old. Can I extend my time on maternity leave to 4 years? (I have already written an application to extend the DO for up to three years) how to do this?
8.1. No, the Labor Code of the Russian Federation establishes parental leave for up to three years. With the consent of the employer, you can take leave without pay, but for a period that can be agreed upon. Article 128, 256 of the Labor Code of the Russian Federation.
This is important to know: Parental leave: new law
9. You can extend maternity leave to care for a child. Currently on maternity leave for a child up to 3 years old. Is it possible to extend maternity leave while maintaining a job until 4 or 5 years. Thanks for the answer.
9.1. Hello, Marina! The legislation does not provide for the extension of parental leave until the child reaches the age of 4 or 5 years.
9.2. Unfortunately, the law does not provide for the extension of parental leave for more than 3 years, so you will have to either go to work or quit if it is not possible to work.
Unfortunately, the law does not allow an extension for such a period: (Only up to 3 years. All the best and pleasant to you. Happiness, kindness and prosperity. Sincerely, the team of ORION LLC.
10. Can my wife continue to be on maternity leave if the child will soon be 3 years old, that is, extend it until the child is 4.5 years old?
10.1. Hello. No, in accordance with labor legislation this is not provided. However, this is possible by agreement with the employer.
10.2. Good evening, according to the law in Russia, parental leave can only be granted up to 3 years—Article 256 of the TKRF, good luck to you!
10.3. Hello. When the child reaches three years of age, she can go on leave without pay with the consent of the employer, but the employer has the right to refuse. Why did you even think that the vacation could be extended to 4.5 years?
10.4. No parental leave is provided for when the child reaches the age of 3 years; only leave can be taken to care for a child up to 14 years old.
11. I have a question about the duration of maternity leave. At the end of May my second daughter turns 3 years old. Is it possible to extend maternity leave to 4.5 years or if I am not ready to go to work, do I need to write a letter of resignation? Thank you in advance.
11.1. Parental leave cannot be extended after the child turns three years old. If for any reason you cannot go to work, you should resign or negotiate with your employer to provide you with leave without pay (which is unlikely for such a long period).
11.2. Good afternoon Not necessarily, but if they refuse to grant you leave without pay, you will have to quit. You can submit an Application (2 copies), the main thing is that your copy is stamped with a seal, input. No. and signature, if they refuse to accept it, you can send the Application by registered mail with notification and inventory.
Article 260 of the Labor Code of the Russian Federation. Guarantees for women in connection with pregnancy and childbirth when establishing the order of provision of annual paid leave Before maternity leave or immediately after it, or at the end of maternity leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer.
12. Is it possible to extend maternity leave to 4.5 years when the child reaches the age of three, that is, to extend it?
What statements need to be written to the employer, will the employer object to this, are any benefits paid, etc.?
Now the wife is on vacation, one of these days the child will turn three years old, and at the same time the wife is in the 4th month of pregnancy.
What is necessary and what is the right thing to do in this situation?
Thank you for attention!
12.1. Unfortunately, the Labor Code of the Russian Federation provides only parental leave for children up to 3 years old. By agreement with the employer, your spouse can take leave without pay, but the employer has no obligation to provide such leave. Good luck!
13. How to extend maternity leave to care for twins until they reach the age of 4 years.
13.1. Article 128. Leave without pay
[Labor Code of the Russian Federation] [Chapter 19] [Article 128] For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between
employee and employer.
13.2. Hello Tatyana, you can take a vacation without pay. But it is necessary to take into account that leave without pay is given at the discretion of the employer.
Will there be payments after 3 years of maternity leave?
After the expiration of the period allocated for caring for the baby, the manager completely relieves himself of the obligation to pay a monthly income to his employee.
The only benefit that a mother can claim when extending her vacation beyond 3 years is a state supplement in the amount of 50 rubles per month. Therefore, from a financial point of view, extending the maternity leave is absolutely not profitable. We found out whether it is possible to extend maternity leave legally, and under what circumstances the Labor Code of the Russian Federation allows this procedure. In conclusion, it remains to add that the Labor Code always takes the side of pregnant women, as a result of which the manager can easily receive a fine for inappropriate attitude towards staff, or even lose his position altogether.
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A regular entry in the medical record will not be enough - you need to obtain the opinion of a medical advisory commission. It is worth noting that the extension of maternity leave can be used by both the child’s mother, his father or a close relative. How to obtain a certificate from the medical advisory commission to extend maternity leave until the child is 4.5 years old. The VKK certificate may contain information that the child:
- has a chronic disease
- is allergic
- susceptible to frequent illnesses due to weak immunity.
One of the above reasons will be sufficient to recognize the need for a parent to stay with the child and to refuse to attend a preschool institution.
This is important to know: Performing duties during maternity leave
