Early exit from maternity leave: registration rules

Is it possible to leave maternity leave earlier?

An expectant mother can apply for maternity leave in two different ways.
The phrase “maternity leave” is an everyday expression that is not in the law. It characterizes the period of a woman’s legal stay at home, during the period of waiting for a child, birth and until he reaches a certain age.

The legislation, in this case, operates with two concepts:

1. Maternity leave (hereinafter referred to as Maternity leave)
2. Parental leave (hereinafter referred to as UZR)

The first option, in most cases, is provided at the thirtieth week of pregnancy and its duration, in a normal situation, is 140 days. Their number may be affected by complicated childbirth or multiple pregnancies. But its maximum duration should not be more than 210 days.

Immediately after the obstetrician-gynecologist of the consultation in which you are being observed issues you a certificate of incapacity for work, you can begin to apply for leave under the BiR.

Immediately after the certificate of incapacity for work expires, UzR leave begins, which involves caring for the baby until he reaches three years of age.

Regardless of which vacation you are on, if necessary, you can return to your work position at any time by notifying your employer and sending a corresponding application to his name, indicating the date of release.

But, when planning to return to your position from maternity leave, you need to take into account some points.

Nuances of interrupting vacation under the BiR

It is prohibited by law to interrupt an employee’s vacation at the request of the employer, but if this is the employee’s desire, it must be satisfied.

Practice shows that an employee can only interrupt this leave untimely only after first obtaining the employer’s consent. This point does not contradict the Labor Code in any way, and in most organizations it is regulated by local regulatory documents.

When interrupting vacation early, both the employer and the employee will need to take into account the following: the amount of benefits paid must be recalculated based on the number of working days in relation to vacation days and returned to the social insurance fund.

Nuances of interrupting vacation in Uzbekistan

Any family member who has taken out this leave can take care of the baby.

Whichever member of your family is in it, he has the right to interrupt it at any time and return to work with his preferred schedule. If after some time the decision changes, you can return to maternity leave again. The only thing that is required of you each time you leave it is to write applications addressed to the employer about returning to work.

The legislation allows the use of UzR leave by dividing it into parts. Moreover, several people can take turns caring for a child while on vacation, receiving appropriate payments.

Maternity leave - what it consists of and how long it lasts

The maternity period is a long period from the last months of pregnancy until the child’s third birthday, allowing a woman to calmly bear, give birth to and care for a newborn without fear of losing her job. In certain circumstances, men enjoy this right if the father is the one who takes care of the newborn.

The entire period is divided into 2:

1. Pregnancy, childbirth (the nature of the pregnancy and the characteristics of childbirth influence when determining the period of 4-6 months).
2. Care for up to 3 years.

When the woman realized the need to interrupt her vacation, the company was forced to organize a refund, but also agree on plans for a replacement. To avoid difficulties with the return of the main employee and the dismissal of a temporary replacement employee, the employment contract with the latter does not indicate a specific end date, but includes the wording “until the return of the main employee.”

Consequences of leaving early

When leaving it in advance, you need to consider the following points:

• an employee who has returned to a full shift from leave under UzR does not have the right to receive appropriate payments, but the one who will look after the child can register them in his own name;
• working on a reduced schedule and working from home provides for the retention of benefits for the employee with additional payment for working hours;
• If you return from vacation untimely, it may be necessary to discuss the issue of who will have to reimburse part of the transferred benefits and in what order.

Payment of wages and required benefits at the same time is prohibited, even with a part-time work schedule.

Application for leave from vacation

How to write an application for leaving maternity leave

At some enterprises, on the basis of adopted local regulations, it is established that employees are required to submit a written application for leave from leave granted in connection with pregnancy and child care, even if the return to official duties is carried out after the expiration of the period.

The application must include the following information:

1. Full name of the organization.
2. Full name of the head.
3. Full name of the employee.
4. Information that the employee leaves maternity leave on the date specified in the order.

The application must be submitted to the manager personally by the woman. It is allowed to transfer the document by post. Please note that if the application is sent by mail, a list of documents should be included in the envelope.

How to exit early

Exiting early includes the following steps:

1. Drawing up an application

It indicates the date of entry into the work schedule, as well as the planned operating mode.

1. Issuance by the employer of the relevant order

When issuing an order, it is necessary to take into account that it must indicate the employer’s consent to the employee’s early departure, the date of entry into the work position, and an indication of the termination of benefit payments with subsequent payment of wages.

1. Familiarization and signing of the order by the employee

Description of the procedure

The sequence of actions to coordinate exit after maternity leave includes:

1. Written (or oral) notification to the head of the organization about the upcoming termination of vacation.
2. Having received the application, management is obliged to find ways to provide the person with a job and the amount of work.
3. Depending on the conditions of the upcoming return to work, the issue of stopping payments for up to 1.5-3 years is decided or the terms of part-time work/week are agreed upon. The actual effect of the application is not an attempt to agree on a way out (this right is retained by the employee throughout the maternity leave), but a way to warn the employer that she will soon appear at work.
4. A visa is issued on the application and then sent to work in the personnel department. This visa is a normal formality provided for by the general procedure and does not provide grounds for refusing a request to interrupt a vacation. By denying a visa, the manager risks being held accountable for violating the rights of the employee.
5. Personnel officers issue an order indicating the person’s consent to the employee leaving early, the position held, the day the maternity leave ends and the first day of work. The order also sets out working conditions and wages.
6. If the employee is going to work full-time, the accounting department is given an order to withdraw payments due during maternity leave, and in case of early departure from postpartum leave, to recover the excess overpaid with vacation pay.
7. The woman must be familiarized with the order, as evidenced by the signature on the document.

In order for the document to be valid, you must ensure that the signature of the head of the organization and the order registration number are available.

Further actions are related to the termination of the employment contract with the replacement person. As a rule, an employee hired from outside the organization specifically to replace an absent maternity leaver is fired. However, another option cannot be excluded - when a valuable employee remains on the company’s staff after the necessary re-registration from a temporary fixed-term contract to a permanent basis, or a new temporary contract is re-signed at the discretion of the parties.

Features of early exit from maternity leave up to 3 years

Mom can return to work if the child is under 3 years old

If the baby’s mother decides to go to work without waiting for him to reach the permissible age, someone else may well take care of him: dad, aunt, grandfather, sister, etc. They do not have to be relatives of the child and live together .

Interruption of official leave is possible in any case, regardless of who issued it.

Work restrictions for persons returning from maternity leave early

According to the vacationer, she can work at home or in an organization, but with a limited work schedule. A part-time shift schedule may include the following types:

• daily reduction of hours;
• maintaining the number of hours while reducing working days;
• reduction of a certain number of hours while simultaneously reducing working days.

From the options provided, you can choose the most suitable one for yourself, regardless of your place of work and position.

In addition, women with children under three years of age cannot work on a rotational basis, and nursing mothers cannot be involved in the following types of work activities:

• using disinfectants, detergents and sterilants;
• with gasoline, methyl and any types of dangerous goods;
• heavy physical work associated with increased danger;
• with asphalt concrete mixtures containing surfactants and activators;
• with paints and varnishes;
• organization of maintenance of locomotives and rolling stock.

How payments and vacation are processed and accrued when leaving maternity leave early

If a woman wants to retain her UzR benefit, she can work part-time or from home. The law gives her this right:

1. When applying for part-time work, you must select a work mode:

• part-time work (for example, an hour earlier);
• part-time work week.

1. Then an additional agreement to the employment contract is drawn up and an order is issued on new working conditions.

If a woman writes an application to maintain benefits under UzN with a request to work from home, then the employer has the right to refuse without giving reasons.

If she wants to work on a general basis (full time), she will not be able to receive this benefit. At the same time, it is allowed to be issued to the child’s father or relatives who will look after the child while the mother works.

Is an employee who works during maternity leave entitled to annual leave?

A working woman during the period of leave under the UzR can write an application for the provision of annual leave entitled to her by law. This does not contradict the law, and, with the consent of the employer, it can be formalized in the following ways:

1. The employee interrupts her UzR leave and goes on annual leave, at the end of which she can return to UzR leave again.
2. An employee stops working part-time during maternity leave.

Thus, the employee will continue to receive benefits, and she will be given the opportunity to take annual leave after leaving maternity leave.

If you go back to work before maternity leave, what do you need?

When going on maternity leave in BiR, and then in Uzbekistan for one and a half and up to three years, my mother writes statements about this at work every time. She will need to do the same and, if she wishes, go to work early.

Statement

There is no special form for filling out the document; it is written in free form.
The main thing is to indicate all the required data in the application. So, a woman notifies her employer that she is going to go to work on a certain date. In this case, it is necessary to provide the necessary period to pay the temporary worker holding the position of a woman.

Documentation

Based on the application, the employer issues an order expressing consent to interrupt the maternity leave, indicating the date when one can begin duties and recording the fact of termination of UzR payments and the start of salary payments.

No other papers are required for this process.

Timing of return to work after maternity period

The employee is given 140 days, after which she can be on UzR leave for another three years. The employee must return to her previously held position immediately after the child turns 3 years old. This can be done on any day, having previously notified the employer of your decision.

Features of the work routine of working mothers

1. Women with children under one and a half years old.

Women who have just become mothers are provided with special working conditions

They can exercise the right to breaks during working hours to feed the child. The duration of such breaks should not be more than half an hour if there is one child, and one hour if there are two children. These breaks can be used regardless of the type of feeding. When calculating wages, feeding time is included in the payroll period.

When applying for a job, women in this category are not tested.

1. Women with children under three years of age:

The right to refuse to work at night. Despite this, they can be involved in work on rest days, as well as on business trips.

Early return algorithm

When a woman decides to end her maternity leave early, she must follow the algorithm below:

1. Contact the employer or his competent representative to notify him of the upcoming return to the previously performed job function (no later than two weeks before the expected departure);
2. Appear at the organization to draw up an application according to the established form for early termination of leave to care for the pupil;
3. Resolving the issue of time spent at the workplace (if a woman needs a shorter working day);
4. Issuing an order for the former employee to return from maternity leave and making a decision on the subordinate who currently occupies a designated position (procedures are carried out over a two-week period);
5. Returning the employee to her previous place and position.

Answers to frequently asked questions about returning to work after maternity leave under the Labor Code in 2020

Question #1:

What salary will the employee have after returning from maternity leave?

A woman on maternity leave retains her position and salary. After returning to work, the employee has the right to receive a salary on a general basis; her rights will not be infringed. Moreover, if during the employee’s absence the employer increased the salaries of specialists working in the same position occupied by the woman, her salary will also be increased.

Question #2:

Is the period of maternity leave included in the tax period for which a woman has the right to receive an increased salary through the use of a personal income tax deduction for a minor child?

Yes, it does. An employee who has returned from maternity leave has the right to apply for a personal income tax deduction for her minor child and apply it every month throughout the tax period, including the time she is on maternity leave.

Legislative acts on the topic “Returning to work after maternity leave under the Labor Code in 2020”