How to correctly fill out an application for maternity leave - a sample for downloading and important nuances

Based on the legislation regulating the labor activities of citizens, women in the last stage of pregnancy have the right to receive rest as maternity leave. In everyday life, this period is simply called maternity leave.

The law allows expectant mothers and their children to have comfortable conditions while working, without women having to worry about the risks associated with lack of means of subsistence. The state pays for maternity leave.

Application for maternity leave

In the standard case of carrying a child, the duration of maternity leave will be seventy days before the expected date of birth and seventy days after the child is born. The total is 140 days. Maternity leave is allocated for the entire period at once and cannot be divided into parts. Whether the woman continued working or stopped working does not matter. Wages are not paid during maternity leave, because the employee receives a corresponding benefit during this period.

Sick leave for pregnancy and childbirth

Article 255 of the Labor Code of the Russian Federation states that sick leave is the basis for issuing maternity leave during pregnancy. De facto, this is the same document about the inability to carry out work activities, like others that are issued in medical institutions when an employee is unable to work due to illness. However, what distinguishes it from other papers is the following:

• the duration of the period for which sick leave is given;
• singularity of registration (issued for the entire period and does not require phased renewal);
• a citizen has the right to extended leave.

You can take maternity leave.

Article 255 of the Labor Code of the Russian Federation

The above-mentioned sick leave is issued to citizens in the antenatal clinic or in other medical institutions where the woman is monitored during pregnancy. The duration of the certificate of incapacity for work associated with pregnancy is:

• 140 days (70 before and 70 after the birth of the child) - standard sick leave, issued at thirty weeks of pregnancy.
• 194 days (84 before and 110 after the birth of the child) – sick leave, which is issued when the pregnancy is multiple. This paper is given at 28 weeks of pregnancy. In the case when several fetuses become known during childbirth, the standard sick leave is extended.

Note! If the birth is complicated, the leave will be 156 days. In this case, standard sick leave is extended for sixteen days. In the case where the birth occurred before thirty weeks and there was no sick leave at that time, the paper will be issued from the date of birth for 156 days.

Sick leave for pregnancy and childbirth can be extended under certain circumstances

160 days of leave are given to citizens who live in unfavorable environmental conditions (radiation). Sick leave is issued at 27 weeks of pregnancy.

Use the 2020 maternity benefit calculator.

Payment amount

Every year, the amounts paid as maternity benefits are indexed, which increases their size depending on the increase in prices in the country.

The amount of maternity benefit depends on the following components:

• salary volume for 2 years preceding a specific application;
• the number of days in the above period, from which all periods of temporary disability should be removed. If there are none, this is 731 days in 2020, since the years 2020 and 2017 are taken into account;
• the total number of maternity days for calculating maternity benefits is 140, 156, 194 days, depending on the number of children born and the presence of difficulties.

An example of calculating the amount of benefit payments can be seen using the formula below:

Amount of maternity leave = Total income for the previous 2 years / 731 days. x Number of days of maternity leave

It is worth noting that for working women, 100% of their business income is taken into account in the calculations. The maximum amount of maternity benefits is based on the maximum amount of the insurance base. As of 2020, its volume is 718 thousand rubles, and in 2017 - 755 thousand rubles. In this case, the maximum payment amount will be:

• for a vacation lasting 140 days, the maternity benefit will be 282,106.70 rubles;
• 156 days - 314,347.47 rubles;
• 194 days — 390,919.29 rubles.

The minimum amount of payments is determined by the minimum wage if the employee’s insurance period is less than six months or her salary is less than the minimum wage per month. In 2018, the minimum wage was set at RUB 9,489. The maternity benefit in its smallest values ​​is equal to:

• 140 days of maternity leave - 43,615.65 rubles;
• 156 days — 48,600.30 rubles;
• 194 days — 60,438.83 rubles.

A full-time student receives a maternity benefit in the amount of a scholarship, and a woman doing military service under a contract receives a monetary allowance.

Is financial assistance subject to personal income tax?

“Is maternity benefit taxable? To answer the question posed, you should refer to Article 217 of the Tax Code of the Russian Federation . The first paragraph of the article establishes that maternity leave of this type is not subject to income tax.

However, if management decides to transfer funds to the employee in excess of the required allowance rate, then such additional payment will be considered subject to taxation. The personal income tax rate will be 13 or 30%, depending on whether the employee is a citizen of her country or is recognized as a non-resident. Another way to increase maternity benefits is for the employer to apply for financial assistance. To ensure that these funds are not subject to personal income tax, the amount should not exceed 50 thousand rubles per minor born.

It is worth noting that if the employer nevertheless makes deductions from maternity benefits, then this is classified as a completely unlawful action. If the rights of a pregnant woman are violated, you should go to court. However, such a situation occurs rarely and does not require judicial intervention.

Reasons for receiving leave

In the standard case, people go on vacation at the thirtieth week of pregnancy. If the birth occurs prematurely and the woman is working, then the entire period of leave is given to her after the birth of the child.

All calculations are made in calendar days. A woman has the right not to use part of the leave that is allotted to her during pregnancy. However, it is important to know that it is not possible to increase the number of vacation days after the birth of a child.

It will not be possible to increase the number of vacation days after childbirth

Note! Women who adopt children are entitled to receive only that part of maternity leave that is due after childbirth. If a woman adopts two or more children under three months of age, then she is entitled to 110% of the maternity leave.

Due to the days of compulsory leave, which must be given to all employees, a woman has the opportunity to increase the number of days of maternity leave. The woman will only need a written request that cannot be ignored or prohibited by the enterprise. There are several cases when leave is added to maternity leave:

• annual leave came before maternity leave;
• the woman expressed a desire to take advantage of the leave period after the end of the second part of maternity leave;
• leave that has not been used is not lost during a break to care for a child up to three years, so the woman will be able to use it after the end of the specified period.

A woman has the right to take another leave at the end of sick leave according to BiR

The time a woman spent working does not matter. A citizen has the right to write an application for leave, which is given to employees every year, even if she worked at the enterprise for less than six months. In this case, the employer does not have the right to refuse leave.

If a woman does not take advantage of her annual leave, then it can be combined with maternity leave - for this you just need to write an application. The procedure for adding vacations is decided by the citizen herself: you can take one vacation before birth and a second one after; You can also take advantage of two vacations at once in the first or second part of maternity leave. Statistics show that most women prefer to take leave before birth - in the later stages of pregnancy it will be difficult for an employee to get to the place of work, and it also takes time to create all the necessary conditions for the child at home.

Note! There are no rules according to which planned and maternity leave must be combined in dates. The employee has the right to take one regular leave (pregnancy gives the right to this) after working for a couple of days, after which the thirtieth week will come, and as a result the woman will go on maternity leave.

A pregnant employee has the right to decide when exactly she should use the right to leave

At the same time, it is strictly prohibited to impose two different periods of work breaks. Not only the one-time registration of vacations, but also their partial contact will be a violation.

In most cases, you cannot ask for a refund for a break that was not used. However, if a citizen quits her job of her own free will, then she can exercise this right.

What is maternity leave?

In accordance with labor legislation, in the last stages of pregnancy, employees have the right to rest from work in the form of maternity leave. In everyday communication this time is called maternity leave.

Taking care of the health of the expectant mother and her child, the legislator gives working women the opportunity not to strain themselves while performing official duties, but also not to worry about their livelihood, since maternity leave is paid for by the state.

Maternity leave continues in the standard situation of carrying a child 70 days before the expected date of birth and 70 days after birth, for a total of 140 days. Vacation is generated immediately for the entire period and cannot be divided into parts. It does not matter whether the woman stopped working immediately or continued working for some time. The official salary for the vacation period will no longer be calculated or paid, since maternity benefits are paid at this time.

How to apply for maternity leave, read the typical situation of ConsultantPlus. If you do not yet have access to the ConsultantPlus system, you can obtain it free of charge for 2 days.

Application procedure

There are no regulations that regulate the form of applications. An application for maternity leave is a standard document and is drawn up in the form accepted at the enterprise where the woman works.

There is no specific structure of the application, however, the enterprise may have its own samples

The structure of the statement is as follows:

• in the upper right corner the addressee of the application is indicated: the name of the position, the full name of the employer in the dative case and the name of the company;
• then information about the applicant is indicated: full name and job title;
• Next, the name of the document is indicated - in this case it will be a “statement”, but without quotation marks. It is written in the middle and with a small letter;
• Next comes the text of the application - it can be arbitrary, but it must contain the main points - the requirement to issue leave, the deadlines and requests for the issuance of benefits;
• Next comes the application, where you need to indicate all the documents provided (sick leave, certificates from the antenatal clinic, if available);
• The filing date is indicated at the bottom right;
• The signature must be affixed by the applicant personally.

The application must indicate the request for sick leave, deadlines, etc.

Procedure for compilation

The application for maternity leave is written by hand. It is drawn up according to the standard template for all such documents. In the upper right corner indicate:

• Business name;
• surname and initials of the manager;
• position and full name of the applicant.

Then, in any form, the text is presented, which expresses a request for the possibility of receiving maternity leave for a certain period, as well as a request for payment of benefits.

After which the applicant lists the documents provided, these are:

• certificate of incapacity for work (sick leave);
• certificate from the antenatal clinic about early registration.

At the end there is a number and signature. The document has been drawn up, the next thing to do is take it to the HR department. It will be reviewed within ten days, during this period the accounting department will calculate salaries for a certain period, transfer the data to the Social Insurance Fund, from which the payment is made, after which you will be given the entire amount.

You can download a free example of this statement here

All women who are officially employed, dismissed during the last 12 months due to the liquidation of the enterprise, and full-time students have the right to receive benefits.

If a woman continues to work and receive a salary without taking advantage of legal leave, then she is not provided for payment of benefits.

You can apply for funds up to six months from the end of your maternity leave, but it is better, of course, to do it on time, namely, while you are 30 weeks pregnant. An employer does not have the right not to provide a pregnant employee with maternity leave, nor does she have the right to not pay benefits if all the necessary documents are available.

For more information about what you need to write to a woman before maternity leave, watch the following video:

Nuances related to design

Although this document seems simple, it is still worth adhering to the framework that is established at the enterprise where women work and follow all the requirements.

First of all, the application does not need to indicate such concepts as “maternity leave” or “maternity leave”: these concepts have long been entrenched in our speech, but they are not specified in the laws. It would be correct to indicate the type of leave: “maternity”, “child care”.

Note! Vacation dates must be similar to those indicated on the sick leave. You also need to indicate the document details (series, number).

The application contains information about sick leave

It is also worthwhile to indicate in the application a request for the issuance of all payments that are required by law. Otherwise, you will need to arrange everything separately and collect all the papers.

The application can be submitted in writing, printed using an electronic device, or filled out a form. The signature must be handwritten.

Application for maternity leave (sample)

An application for maternity leave is drawn up in a free form, usual for this kind of documents and accepted in a particular organization.

An example application for maternity leave might look like this:

1. In the upper right corner are written the surname, initials and regalia of the official to whose name the application is sent, as well as the name of the organization.
2. A little lower, but also in the upper right corner, it is indicated from whom the application was written, personal data (last name, first name, patronymic), position, department and personnel number are listed.
3. Below in the middle is the name of the document: “Statement”.
4. Next, from the red line, comes the main request, something like this: “Please grant me maternity leave from ... (date of opening of the sick leave) to ... (date of expiration of the sick leave).”
5. Under the text the basis is indicated - the sick leave certificate, its number and date of issue.
6. This is followed by the date of the application and the signature of the author.

It is necessary to keep in mind that the original sick leave will be an attachment to the application, so for personal needs, just in case, it is worth making a copy of the certificate of incapacity for work. In addition, if the organization is large or the employer is not trusted, the application must be submitted in 2 copies, on one of which an employee of the accounting department or human resources department will sign for receipt. A copy of the application with signature on receipt must also be kept until maternity payments are received.

Attachments to the application

It is also necessary to provide attachments to the application for maternity leave:

• a document issued by a medical institution confirming temporary inability to carry out work activities;
• sick leave, which can be obtained at the antenatal clinic (original document).

A sick leave certificate must be attached to the application.

Also, as an addition, you can provide a certificate from the housing committee stating that the woman has registered (to confirm the fact of pregnancy).

Note! If a woman has confirmed that she is pregnant before 12 weeks, she can receive additional benefits. This should also be indicated in the application.

It is also worth providing a copy of your passport and account or bank card number so that you can deposit funds.

A copy of the child’s birth certificate must be attached to the application for leave and child care, and the original must also be provided. You will also need to provide a certificate from the second parent’s workplace to ensure that he does not receive benefits.

If the child has already been born, a copy of the baby's birth certificate must be attached to the application.

You will need to make a copy of the sick leave, since citizens attach the original document to the application. Also, if a citizen works at a large enterprise or she does not have confidence in her superiors, then she needs to make two copies of the application. Accounting or HR employees will sign for receipt of one copy. All documents must be retained until funds are received.

Deadlines for submitting documents to the employer

The employee must register a sick leave certificate at the antenatal clinic. Depending on how the pregnancy progresses, the doctor makes notes on the sick leave sheet about how many days the woman needs for vacation. A sick leave certificate must precede the application for maternity leave.

The procedure for applying for leave includes the calculation of maternity benefits. The employer is responsible for calculating the amount of benefits and is obliged to make timely payments to the social insurance fund.

When to apply

After providing the required package of documents, you can begin to apply for maternity leave and benefits. You can submit documents before going on vacation (about fourteen days in advance). However, documents from the housing complex must be transferred no more than six months from the date of the end of the maternity leave.

Note! If there are good reasons, this period can be extended.

For valid reasons, the application can be submitted later

The entire list of reasons is available in the order of the Ministry of Health of the Russian Federation dated January 31, 2007 No. 74:

• emergency circumstances that are unpreventable (natural disasters, fires, etc.);
• prolonged temporary inability to carry out work activities (more than six months);
• relocation to another locality, change of place of stay;
• involuntary absenteeism due to dismissal on illegal grounds or removal from office;
• deterioration in health or death of a relative.

What happens if you don't apply?

If a citizen does not write a statement, then the management will have no reason to give the employee leave. As a result, benefits may not be paid.

If you do not take leave, the salary will be paid as before, therefore, there will be no rights to pay benefits.

It is necessary to submit an application in order to receive benefits and go on vacation.

Note! If a citizen did not write an application and is not at work, then she cannot be fired, since pregnancy is a valid reason.

However, it is still worth writing the application in the proper order.

Papers you may need

Other documents may also be needed. Let's list them.

Additional applications for benefits, if the citizen did not indicate a request for leave and payments in the first application.

Application for recalculation of the billing period. If a worker, being on maternity leave, goes on maternity leave, then she did not work for the previous two years, which are needed to calculate benefits. It also happens that the period between decrees is less than two years. Under such circumstances, the law allows changing the years of calculation that went before the first leave under the B&R, when the employee received income in full.

Note! If this statement is missing, then calculation based on actual income will be applied, i.e. along the bottom bar.

If necessary, you can write an application to change years - this will allow you to receive a larger benefit.

This right can be exercised even if the employee spent at least a day on the first one or two years before the second maternity leave.

Registration of maternity leave step by step

The entire registration procedure in stages.

Registration of a maternity leave occurs in several stages

Application for changing years for calculating benefits

It is also worth considering an application for replacing years for calculating benefits, since not everyone is aware of this method.

As stated above, the B&R benefit is calculated on the basis of income received in the two years before going on maternity leave. There are situations when an employee is preparing to become a mother again while on maternity leave. Or the differences between pregnancies are small, and after the first vacation the woman has little time left - the employee is preparing to go on maternity leave again.

A woman has the right to write an application to change her years

It is clear that in the above situations, income for the required period will be low or it will be completely absent. The law provides for such moments, and it will be possible to replace the period for calculating benefits. It follows from this that if an employee who is going on maternity leave was on maternity leave or maternity leave during any of the two years required for calculating benefits, or both at once, then this period can be replaced by another when the employee received income fully. This case of replacement will only be approved if the employee requests it individually.

Note! The writing application is similar to the application for maternity leave. The form is arbitrary. The text of the document itself should be a standard request to replace one or two years with others for calculation. This application is submitted to superiors along with the application for maternity leave and sick leave.

It is worth knowing about the following nuances:

• the right to change periods is exercised only at the request of an employee who is about to go on maternity leave. If this statement is not available, then the calculation is made based on current income;
• the rule for replacing years will apply even if the employee was on maternity leave or vacation for one day.

Replacement of years can be made only upon application, otherwise the calculation will be made according to the minimum payment

Exit from maternity leave

According to the law, leaving maternity leave earlier is not prohibited, but this is not noted in the legislation. This was written in a letter from the Federal Service for Labor and Employment dated May 24, 2013. Returning from maternity leave before an employee's due date is associated with increased risks for management to receive claims from the Social Insurance Fund. There may be cases when there is an agreement between the employee and the boss, but leaving the maternity leave earlier is not recommended.

After the maternity leave is over, the employee does not have to provide additional documents - she simply goes back to carry out her work activities.

It is not prohibited to leave maternity leave early, but it is not recommended

Note! If a woman wants to take maternity leave when she is already three years old, she will need to write an application providing a copy of the child’s birth certificate.

Answers to popular questions

Question 1. Is leave granted if the application is written by a foreign citizen?

If an employee lives in the Russian Federation (temporarily or permanently), then the organization with which the contract is concluded must give maternity leave and pay benefits. If the employee is temporarily staying in the Russian Federation, then maternity leave is not issued.

If a foreign citizen is officially employed, she will also receive benefits

Question 2. Should an employer give leave to a “conscript ”?

The decree is issued regardless of the duration of the employment contract. If the contract is limited to any period, then this will not be a basis for not issuing maternity leave. If the period ends when the employee is pregnant, then the organization is obliged to extend it until the pregnancy ends.

An exception would be if the contract was terminated due to the departure of a permanent employee whose duties were performed by a conscript. In this case, the employee must be given another job, and if there is none, then the contract is subject to termination.

Question 3. If there is a GPC agreement, should leave be issued?

No, vacations and benefits will not be issued, since the norms of the Labor Code do not apply at this point.

When drawing up a civil law agreement, the B&R benefit is not paid

Question 4. Is it possible to change maternity leave ahead of schedule?

Is it possible. Maternity benefits will be recalculated and child benefits will be issued every month.

Question 5. Can an employer call from maternity leave ahead of schedule?

No, these actions are not allowed on the part of the employer.

An employer does not have the right to recall an employee from maternity leave

In order to go on maternity leave and still receive benefits, a woman must write an application. She also has the right to change years to receive a larger amount, and an application is also made for this. Without this, these actions will not be carried out.

https://youtu.be/lI3P0SVwpgk

Purpose of the document

Maternity leave is a period of rest that is provided to parents for childbirth and child care.

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In this case, it should be understood that it consists of several parts, designed separately:

In order to receive one of these leaves, an application must be written. It confirms the need to issue rest days. Depending on who is applying and for which type, a form is drawn up.

The main purpose of such a document is to convey information about maternity leave to the employer. He, in turn, draws up papers for issuing financing to the employee.

It makes sense to engage in such registrations only if there are contributions to the Social Insurance Fund. It is from his funds that money for vacation is given.