When an employee goes on maternity leave, an employee who temporarily performs duties is appointed in her place.
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When concluding the contract, it is indicated that this position is maternity, therefore, when the main employee returns, the temporary employee will be fired or transferred to a lower position.
But, as you know, life events are unpredictable, so you often have to go on maternity leave from your place of maternity leave.
Peculiarities
An employee on maternity leave has the right to refuse to go on maternity leave if she is pregnant.
Statistics show that most women do this for financial reasons or fear of losing their place.
Doctors advise taking maternity leave on time to prevent risks.
Labor Code
The Labor Code of the Russian Federation establishes the procedure and conditions for going on maternity leave (Article 255, Article 256). All legal norms regulating these issues also apply to employees who go on maternity leave from their place of maternity leave.
It is important to consider the duration of sick leave in connection with pregnancy and childbirth:
- for a singleton pregnancy, the course and delivery of which are not accompanied by complications - 140 days;
- additionally, the period is increased by 16 days in case of complications, in total the employee receives 156 days of rest from work duties;
- in case of multiple pregnancy, in accordance with the Labor Code of the Russian Federation, 194 days are allocated.
On a general basis, maternity leave starts from the 30th week of pregnancy, and in case of multiple pregnancy - from the 28th week.
On maternity leave from maternity leave
When leaving a maternity position on maternity leave, the employee is subject to all the same rules and privileges as for a permanent employee.
At the same time, she must also prepare a salary certificate from her previous place of work, since the benefit will be calculated using a standard formula.
Funds to pay benefits are paid by the employer. He has the right to reimbursement from the Social Insurance Fund. It is interesting that a foreigner hired will also be paid benefits if her insurance coverage period is more than six months.
The insurance period indicates the receipt of contributions in her name to the Social Insurance Fund, and the corresponding deductions are made by the employer.
Is it possible?
Yes, you can go on maternity leave from your place of maternity leave, since this is not prohibited by current legislation. However, it is important to take into account some subtleties.
For example, when hiring a person, the contract states that it is urgent - it is valid until the date the employee returns to the workplace.
This date, as a rule, is known even before the new employee is hired for the position, since the employee writes an application.
It specifies the time period during which the employee will care for the baby and raise him.
Therefore, maternity leave will be provided if the previous employee has not returned to her work duties and does not plan to do so in the near future.
It is not always possible to take out a loan while on maternity leave. How many months do people go on maternity leave in 2020? See here.
How to leave?
To go on maternity leave, you will need to inform your employer in advance.
This is necessary so that he has time to find another temporary worker to fill the position that will soon become vacant.
After this, you can begin collecting the documents necessary to go on sick leave.
https://youtu.be/-M2YnFhVCsg
How to terminate a fixed-term employment contract
When drawing up a TD in such a situation, it is difficult to indicate the exact date of its termination. Therefore, the new employee is warned that the contract with him will be terminated as soon as the woman who previously occupied this position wants to return to her duties. The employee's work experience is terminated due to termination of the contract.
Most decent companies try to do everything so that the employee learns about the need to vacate a temporarily occupied position in advance, at least 3 calendar days in advance (Article 79 of the Labor Code of the Russian Federation).
Is leave allowed after maternity leave?
https://youtu.be/sqpdKdthHQE
Registration procedure
Registration of maternity leave begins with receipt of sick leave. It is important to consider the following points:
- You can apply for its registration at both a private and public clinic - it doesn’t matter.
- The certificate of incapacity for work is issued by the gynecologist of the antenatal clinic, with whom the expectant mother is registered.
- It is issued immediately on the day of application, and when drawing it up, doctors are prohibited from making mistakes or corrections, otherwise the document will not be accepted for consideration.
The sick leave certificate indicates the period during which the woman will remain on leave due to pregnancy and childbirth.
A sample sick leave certificate for pregnancy and childbirth is here.
Then the employee must submit a request to the accounting department to receive a salary certificate for the previous two years. This document will be required to calculate benefits.
There is no need to provide it if the total length of service at all places of work is less than six months, since the minimum wage will be taken into account when calculating. This is due to the lack of contributions to the Social Insurance Fund.
Drawing up an application is another stage of processing maternity leave:
- a specific form of the form is not provided, therefore it is drawn up in free form in compliance with the rules for writing official documents;
- there must be a “header” of the application indicating who it is being sent for consideration and from whom.
- In the text of the application, it is important to indicate the need for sick leave and payment of benefits.
A sick leave certificate and a salary certificate are attached to it, after which the package of documents is submitted to the employer for consideration. The decision must be made within 10 days.
A sample application for maternity leave and receiving payments is here.
How to apply for maternity leave
As soon as you are going on maternity leave, although you yourself are on maternity leave, notify your superiors about this.
This is necessary at least so that management can find a new employee to take your place, and also correctly draw up all the documents required in this situation.
When the employer is notified, start collecting documentation.
Documents required for prenatal leave:
- statement,
- sick leave,
- a certificate from the accounting department about the salary issued to you for the last two years.
Prenatal leave is issued on the basis of a sick leave certificate.
You can get it quite simply from a gynecologist who is managing the pregnancy..
Note! Only sick leave that was drawn up in a state medical institution is accepted. The document confirms the fact of pregnancy, as well as the period when the woman needs leave.
There is no standardized leave application form. Therefore, it can be written on a regular A4 sheet or on the organization’s letterhead.
applications for maternity leave free in word format
The application contains the following information:
- Name of the organization,
- Full name of the person the applicant is addressing,
- document's name,
- Full name of the applicant,
- the main part of the application contains a request for leave, its period and duration,
- request for payment of funds due in such situations,
- date of writing,
- signature.
Having collected a package of documents, hand it over to management. They have 10 days from the date of receipt of the application to study the documentation and make a decision.
Watch the video. Early exit from maternity leave:
https://youtu.be/KA3dTnuoKqU
Can they get fired?
Another point that worries employees is the question of dismissal - can they be fired if they were left on maternity leave? Yes, the employer can do this, but only subject to several nuances.
When concluding an employment contract, its validity period was indicated. As soon as it ends, the employee must be fired.
If this date falls during her sick leave issued in connection with pregnancy and childbirth, then the contract will be extended until the birth.
If the terms of the contract were extended due to the fact that the permanent employee did not return to work and the temporary employee is on sick leave, then he has the right to go on maternity leave.
In any case, do not forget that you will be fired if the previous employee in whose place you were hired returns to work.
Maternity benefits cannot be less than the maximum maternity benefit amount. How is maternity pay paid at work? Read here.
How are maternity pay paid in 2020? Detailed information in this article.
How is maternity leave granted?
. According to her,
unacceptable.
Cases of ignoring the interests and infringing on the rights of employees on the part of the employer are not uncommon. Such situations are especially unacceptable if they concern a pregnant employee.
Not all temporary employees know what to do in such cases. If management violates the rights enshrined in labor legislation and an individual contract, then it can be held accountable and justice can be achieved. To do this, a woman must contact the labor inspectorate with a complaint.
The document requires a detailed description of the fact of the offense. It is recommended to refer to the articles of the Labor Code. Representatives of this body will demand that the employer act within the framework of the law, but they cannot force the labor inspectorate of the head of the company to reinstate a dismissed pregnant woman at her maternity rate or provide her with the leave she is entitled to.
Therefore, if a complaint against an employer to this authority does not give the desired result, then you should contact the prosecutor’s office or court.
It is important that there is a good evidence base. It is recommended that the manager prepare all submitted applications in two copies, leaving the second version, certified by the secretary, in his hands.
Also, in the event that the director of the company refuses to grant leave for accounting and research, it is necessary to require him to formalize such a decision in writing. You must notify your employer of your pregnancy in writing. This document should also be prepared in two copies. If the evidence base is good, then the guilt of the head of the company will be quickly established.
The court will bring the employer to administrative, material or criminal liability, demand that the temporary employee be reinstated in her position, and provide her with the required vacation period. The court's decision is binding.
Also, a conscript may demand a certain amount of money from the employer as
. It is important not to ignore the fact of wrongdoing on the part of management. Otherwise, the director of the company will understand that the employee is incompetent in legal matters and does not seek to defend his interests.
As a result, labor rights will continue to be violated. When trying to achieve justice, it is important to remain calm. After all, strong experiences during pregnancy can negatively affect the health of the expectant mother and her baby.
It is important that in an effort to defend labor rights, a woman is supported by her family and friends. Thus, an employee registered on maternity leave has the right to maternity leave. The specifics of its provision are regulated by the articles of the Labor Code. A woman has the right to leave if she managed to take sick leave and submit an application to the manager before the main employee returns from maternity leave.
It is legally impossible to fire an employee during pregnancy. She is entitled to all payments under the BiR, as well as child benefits, if the woman is granted maternity leave. The money will be accrued until the employment contract expires.
Employment in a temporary position is not something special for many women. They easily sign a fixed-term employment agreement. As a result, a specific entry appears in their work book.
In addition, new employees enjoy all social guarantees: they go on vacation, receive wages until the contract is terminated (the amount of child care benefits for up to 1.5 years is reimbursed to the employer by the Social Insurance Fund).
Remember! If another company employee takes the place of the “maternity leaver,” an additional contract to the main one is drawn up with him. An entry in the work book about the preparation of an additional agreement is not made (Article 72.2 of the Labor Code of the Russian Federation).
The transfer of an employee that was carried out on a temporary basis will become permanent if the former employee does not return to work at her previous place of work.
When drawing up a TD in such a situation, it is difficult to indicate the exact date of its termination. Therefore, the new employee is warned that the contract with him will be terminated as soon as the woman who previously occupied this position wants to return to her duties. The employee's work experience is terminated due to termination of the contract.
Most decent companies try to do everything so that the employee learns about the need to vacate a temporarily occupied position in advance, at least 3 calendar days in advance (Article 79 of the Labor Code of the Russian Federation).
Is leave allowed after maternity leave?
Entitled payments
Going on maternity leave is accompanied by the accrual of payments, and one of them is compensation for sick leave issued in connection with pregnancy and childbirth.
Its size is determined by earnings for the previous two years of work.
If the duties are performed for a shorter period, then a certificate from the previous place of work is presented.
Otherwise, when making calculations, accountants will be guided by the established minimum wage value.
If the temporary employee was not fired after giving birth, the employer pays a lump sum payment of 15,000 rubles.
Additionally, the woman is entitled to benefits for the fact that she contacted a gynecologist in a timely manner and registered before the 12th week. In 2020, additional payments are due if the employee continues to care for the child until he reaches 1.5 years.
