Rules for drawing up an order for granting maternity leave - sample, deadlines for drawing up

When and for how long do pregnant employees go on leave?

When does a woman have the right to go on maternity leave, and, therefore, when is the corresponding order for maternity leave issued? In accordance with Art. 255 of the Labor Code of the Russian Federation, a woman who is pregnant has the right to legal leave. It, in turn, consists of two parts: rest during pregnancy and a second leave associated with the birth of a baby and raising a child. The duration of the first varies within the following parameters:

1. 70 days before the preliminary date of birth and another 70 days after is the general rule, in which the employee carries one child and there are no pathologies.
2. If there are two or more children, the duration of leave before childbirth is increased by 14 days.
3. In the case where the birth was accompanied by complications or pathologies, the period after birth is not 70, but 86 days.
4. If two or more children are born, after giving birth the woman receives 110 days to recover.

To receive leave, you must provide a certificate of temporary incapacity for work, which is issued by the administration of the antenatal clinic. The procedure and grounds for issuing a sheet are regulated by Order of the Ministry of Health No. 624n of 2011.

The second type of leave, related to raising and supporting a newborn, as a general rule lasts 3 years. However, a woman retains the right to take leave at any time; mothers often return to work after 1.5 years.

Note! Despite the fact that maternity leave lasts 3 years, only 1.5 years of it are paid. That is why, after 1.5 years, girls most often return to the workplace.

Order on maternity leave: sample filling, download form

• Trade, warehouse, suppliers
• Program for cashier, online cash register 54-FZ
• CRM, work with orders, transactions
• Integration with online stores, more than 25 platforms
• Online checks for payments from the website and points of issue
• From 0 rubles per month
[Try Business.Ru for free
]

Maternity leave is provided to pregnant employees for the period of childbirth before and after. The basis for granting maternity leave to employees is a certificate of incapacity for work, which is issued at a medical institution (maternity hospital, antenatal clinic, etc.) as a medical report.

In it, the doctor indicates the start and end dates of the vacation, as well as the date of the expected birth. According to the Labor Code, the employer is obliged to provide maternity leave for a period of 140 calendar days (this is in the case of a normal pregnancy; in other cases of pregnancy, the leave period is increased).

Read also:  What refers to collective means of protection and why they are necessary

The amount of calendar days of maternity leave is calculated in total from the duration of prenatal and postnatal leave. More information about the duration of vacation can be found in Article 255 of the Labor Code.

The specified amount of vacation days is provided to pregnant employees in full, and it does not matter how much the employee actually used during the period before giving birth. This means that even if the employee worked at the company during the prenatal period, she is required to pay her benefits in full.

This is important to know: Maternity leave in a temporary position

Men who have adopted a newborn can also go on maternity leave on the basis of a sick leave certificate issued at the hospital.

Women have the right to maternity leave only within the framework of an employment relationship. If a civil contract was concluded with the employee, then the company does not have the right to provide her with maternity leave.

Before issuing an order for maternity leave , the employee must provide an application for maternity leave and sick leave (or a copy of the court decision on the adoption of a newborn) as an attachment to the application. An order for maternity leave is issued according to a standard document (Form No. T-6).

Let's consider filling out form T-6 for maternity leave.

The serial number of a maternity order must have the letter part “/ls”, because This document belongs to the group of orders for personnel.

The columns “for the period of work from” and “to” are not filled in, because this applies to the employee's basic annual leave.

The reason for granting leave by the manager in this case is stated in paragraph B.

For a maternity leave order to come into force, it must be endorsed by the head of the company and submitted to the employee going on maternity leave for signature. The maternity order is formed by the personnel officer for individual cases, and a note “P” is made in the T-12 form.

Based on the order for maternity leave, the employee’s personal card indicates the basis for the leave and its duration.

You can get a free small business consultation from one of our experienced experts.

Join our VKontakte community.

Read also:  Features of the organization of work for people with disabilities and their discrimination

Good afternoon I will be an employee of the bank. I would like to clarify the following: The operations office in our city is being closed. In this regard, a notice was given to all employees. The notice states that the operational office is closing on May 6, 2020, all employees are fired in accordance with Article 81 Part 1 of the Labor Code of the Russian Federation, the employer pays guarantees in accordance with Art. 181 Labor Code of the Russian Federation. On May 5, 2020, I am submitting a sick leave certificate for pregnancy and childbirth, and I am also writing an application for maternity leave. To apply for childcare benefits for a child up to 1.5 years old, I need an order “On the provision of maternity leave.” My employer refuses to provide me with this order, citing the fact that they do not issue these orders. I would like to clarify whether my employer’s actions are legal? Can they just pay me for sick leave and not provide an order? In the event of an unlawful action from the employer’s country, where should I contact

The actions of your employer are legal only if it is the complete liquidation of an individual entrepreneur or the enterprise is liquidated. If only the office is closed, then this is not a complete liquidation of the enterprise. You need to contact a lawyer for clarification of the procedure for further actions, as well as the authorities that monitor and supervise compliance with labor laws in your city (region).

Good afternoon. Does a woman working in a government agency have the right not to take prenatal maternity leave, or to take it later than 30 weeks?

Yes, it does, but in this case, maternity leave (140 days by law: 70 before childbirth and 70 after) will not be extended after childbirth. That is, you can go on maternity leave later, but after giving birth you will still stay on it for no more than 70 days. In part 3, paragraph 48 Ch. 8 of Order No. 514 of August 1, 2007 of the Ministry of Health and Social Development of the Russian Federation “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “... If a woman, when applying to a medical organization within the prescribed period, refuses to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical documentation. When a woman, before giving birth, repeatedly applies for a certificate of incapacity for work for maternity leave for maternity leave, the certificate of incapacity for work is issued for 140 calendar days (194 calendar days for multiple pregnancies) from the date of the initial application for the specified document, but not earlier than the date established by the first or second paragraphs of this paragraph.”

Consistency with Art. 256 Labor Code paragraph 4, during the period of maternity leave (child care leave), the employee retains his place of work (position). So the employee has every right to apply for her position. That is, she will fill the position specified in the staffing table.

Working part-time when returning from maternity leave is also acceptable, but only at the request of the employee, who must notify about this in advance and in writing.

Good afternoon. A school psychologist is returning from maternity leave, who before maternity leave had 1 position as a psychologist and a classroom teacher. Her substitute teacher was charged 0.5 times the rate of a psychologist and classroom management. Question: what can a psychologist claim after going to work?

https://youtu.be/s6H6nsaxI9c

Procedure for applying for maternity leave

An employer's order for an employee to go on maternity leave is a legal basis for her continued absence from the workplace

Registration of a maternity leave consists of successive simple steps, each of which is mandatory:

1. At the 30th week of pregnancy, the staff of the antenatal clinic issues the expectant mother a certificate of temporary incapacity for work. This is true if the pregnancy proceeds without deviations; if there are problems, the sheet may be issued earlier.
2. The employee sends the received certificate of incapacity to work to the employer’s human resources department. If there are several workplaces, then the hospital may issue 2 or more copies of sick leave.
3. The employee also writes a statement to the head of the organization in which she works. There is no strict form, it can be written freely by hand, the HR department will advise you.
4. After the documents have been submitted, HR specialists, together with the head of the enterprise, draw up an order for the employee to go on maternity leave. From the moment of issuance, benefits and compensation related to going on maternity leave are accrued and paid.

The general procedure for registering a maternity leave does not require serious efforts from the employee; most of the work is carried out by the employer's administration. The employee’s main task is to regularly go to the antenatal clinic, register and be examined if necessary.

Required documents

An order for leave for accounting purposes is issued by the management of the company only after the employee has provided the necessary documentation.

The following documents are required for collection:

1. a statement reflecting a request for maternity leave;
2. sick leave for pregnancy and childbirth , issued by the medical institution in which the woman is registered.

In the event of an early visit to a gynecologist regarding pregnancy, the girl may qualify for payment of the appropriate benefit for the early stages.

To do this, she must provide a certificate confirming the fact that the employee has been registered for a period of no more than 12 weeks. In the process of issuing an order, the employer is guided by Federal Law No. 81 and Article 255 of the Labor Code of the Russian Federation.

Package of documents for registration of maternity leave

The pregnant woman provides only a few documents; further paperwork is the responsibility of the employer

In order to apply for maternity leave, you should not only adhere to the above algorithm of actions, but also collect the necessary package of documents. The following should be submitted to the HR department:

1. A sheet of temporary incapacity for work reflecting the duration of leave.
2. Certificate of registration at the antenatal clinic. It is subsequently necessary if the girl registered before the 12th week and has the right to receive the appropriate benefit.
3. An application addressed to the employer, written in free form.
4. Passport proving the identity of the applicant.
5. A certificate of income for the last year, which in some cases is not required, because all the data is available within the organization.
6. Details of the bank card or account to which funds should be transferred.

As a rule, you do not need to submit anything else; this is a comprehensive package of documents. If there are several places of work, employers have the right to request additional documents; this issue is resolved individually.

In order to navigate the writing of the document, you can apply for maternity leave:

Sample for obtaining parental leave until the age of 3:

Documents grounds for granting a decree on BiR

In order for the employer to issue an order, the employee must submit documents to him. Additionally, a certificate is provided about the timing of registration - if the woman managed to apply to the housing complex in the first 12 weeks (an additional benefit is provided). The certificate is also issued by the medical institution.

These documents are submitted to the pregnant woman within the following deadlines:

• 70 days before the due date if the woman is expecting one child;
• in 84 days - in case of multiple pregnancy.

Only those women who are officially employed at the time of going on maternity leave can apply for leave. Unemployed people do not have this right.

Having received a set of papers from the employee, the employer is obliged to issue temporary disability in the form of maternity leave within the period specified in the sick leave certificate. Within up to 10 days, calculate and accrue maternity benefits, and pay them on the day of settlement with staff for wages.

If a woman also registered with the housing complex in the first 12 weeks, then she also has the right to early benefits. It is paid along with maternity benefits according to BiR.

How to fill out the T-6 form correctly?

To fill out an order, it is convenient to use the standard T-6 form, which is used to formalize the provision of all types of leave, including maternity leave. The standard T-6 form includes the following lines to fill out:

• name of the organization - enter the abbreviated name of the employer;
• Document number - the serial number is written down, according to the current numbering for orders for personnel;
• date - the day on which the order is drawn up;
• grant leave - full name in the dative case of the woman who is granted maternity leave, personnel number, department and position are also indicated;
• for the period of work - not filled in;
• section A - not filled out;
• section B - enter the name of the leave, the number in calendar days, the start and end date (according to the certificate of incapacity for work);
• section B - the data from section B is repeated;
• signatures of the manager and employee.

The main document on the basis of which the order is drawn up is also usually indicated - a certificate of temporary incapacity for work. There is no separate field for these purposes in the T-6 form, however, information can be added in section B manually.

It is not necessary to stamp the order. The employee must familiarize herself with the order and put her signature at the bottom of the form. You can issue an order in free form. The main thing is that the form contains the basic details listed above.

Common mistakes

Often, mistakes are made when drawing up an order to grant a maternity leave. The most common ones are highlighted below:

• section B is not filled in - it also needs to be filled out, since it represents the summary data for two sections A and B;
• incorrect name for leave - in the legislation there are no concepts of “maternity leave”, “maternity leave”, therefore they should not be used in the order, there should be the wording “for pregnancy and childbirth”, this is exactly the concept provided for by the Labor Code of the Russian Federation;
• errors in the duration of maternity leave - the vacation period can be either 140 or 194 days. To avoid mistakes, you need to carefully rewrite the dates on the sick leave;
• absence of the employee’s signature - the pregnant woman must be familiarized with the contents of the order, her signature confirms the fulfillment of this obligation.

Is it possible to combine annual and maternity leave?

The provisions of the law indicate that it is impossible to combine several vacations, but a woman can fully receive both. In practice this is achieved in the following ways:

1. Annual paid leave is taken on the eve of maternity leave, that is, the girl first rests for the prescribed month and a half, then leaves official leave and leaves due to pregnancy.
2. After the order to go on maternity leave is issued, the girl stops going to work. From the moment the “pregnant” vacation ends, a well-deserved vacation begins, which is due to every employee.
3. Refuse vacation and receive compensation.

Rules for registering and drawing up an order for maternity leave

An order for maternity leave is issued after the woman submits a corresponding application and accompanying documents

The process of preparing and issuing an order for an employee to go on maternity leave falls on the shoulders of the employer. The expectant mother herself need not worry about this. She must only submit documents and leave for a well-deserved rest, and authorized employees will handle the paperwork. Practice allows us to establish the following rules for placing an order:

1. The prepared order must contain the signatures of the head of the enterprise or an authorized person who has the right to certify documents.
2. The employee herself must familiarize herself with the text of the order, which is confirmed by her signature. This is a mandatory condition when preparing and issuing an order.
3. To draw up the document, a standard T-6 form is used; it is intended for registration of any vacation, including those related to pregnancy and childbirth.
4. Section A is not used; it will only be filled out when a person goes on annual leave.
5. Section B of the order must be filled out - information about the official name of the leave, its duration according to the rules established earlier, the initial and final date of the maternity leave.

The order is of enormous importance; it serves as the basis for calculating maternity payments; making an entry in the employee’s personal card; notes on the employee’s legal absence from the workplace.

In what form is it compiled?

To fill out an order, you can use a form developed by the company specifically for filling out documentation of the specified type.

In addition, it is allowed to use a unified form - T-6 . The second design option is considered optional, but recommended.

When using a generally accepted form, the likelihood of making mistakes or providing insufficiently accurate information is reduced.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If you fill out the documentation using your own sample, you should be sure to reflect all the necessary information on the paper, observing the structure and business style of the narrative.

How to fill out T-6 when providing maternity leave?

The unified order form T-6 is used to issue various types of leave.

In general, the document includes 3 blocks , each of which is intended for specific information:

• 1 — filled in when registering the annual paid vacation period;
• 2 — filled out for registration of other leaves, including maternity leave;
• 3 — includes information from previous sections.

When applying for a maternity leave, the first block of the form is not filled out.

The second section must indicate

information of the following nature:

• full name of the company where the pregnant employee is officially employed;
• the serial number assigned to the paper (can consist of not only numbers, but also letters);
• publication date;
• information about the employee - full name, position, name of the structural unit in which she works;
• vacation period and its duration (data in this line is entered based on the information indicated on the sick leave)
• signature of the director of the company or his responsible person;
• employee's signature.

After the order is issued, adjustments are made to the working time sheet. Calculation of benefits for pregnancy and upcoming childbirth is carried out.

The woman’s signature confirms that she has read and agrees with the information specified in the order.

Filling out internal documentation can be done by both the head of the enterprise himself and the person appointed responsible for this action. This role can be played by an employee of the HR or accounting department.

The calculated benefit goes to the pregnant woman’s account along with her next salary.

Below is an example of filing a maternity leave for 140 days using the standard T-6 form.

filling out an order for maternity leave – word.

This is important to know: How vacation pay is paid in 2020: procedure and timing of issuance

Common mistakes when drawing up an order

Due to the fact that the employer’s maternity order is an important document with legal significance, it should be drawn up correctly. In this regard, the most common errors that arise in the process of drawing up an order should be taken into account:

1. Section A is filled in, while Part B remains unfilled; this is fundamentally wrong. If the section is not completed or is not completed in full, the order will not have legal significance.
2. The employee read the text, but did not sign. Familiarization is a mandatory stage of registration of maternity leave, so it must be strictly observed.
3. Incorrect name of leave - formulations such as maternity leave or maternity leave are illegal and cannot be used when placing an order. The name of the leave is for pregnancy and childbirth.
4. The duration of the vacation is indicated incorrectly.
5. Mistakes are made in writing the employee's full name; these could be trivial typos.

These provisions are common in practice, so both personnel department employees and the expectant mother herself should take seriously the reading and execution of the order. The presence of errors and correction is the basis for recognizing a document as void or unlawful.

Vacation dates

Order of the Ministry of Health dated June 29, 2011 No. 624n defines the deadlines for issuing certificates of incapacity for work. In accordance with these periods, the employer issues an order to provide maternity leave (sample 2020 can be downloaded below).

The duration of the period is calculated in calendar days and depends on a number of conditions:

• 140 days is the general rule (singleton pregnancy);
• 156 days - complex birth (singleton, including 16 additional days after the birth of the child);
• 156 days - the child was born from the 22nd to the 30th week of gestation;
• 194 days—multiple (determined during pregnancy), including 84 days before birth;
• 194 days - multiple pregnancy, determined during childbirth, including 54 days after the birth of children;
• 160 days - when living in areas affected by the Chernobyl nuclear power plant, P/O "Mayak", discharges into the river. Heat (including 90 days before birth).

Sometimes a situation arises in which an employee refuses to write a maternity leave application. Accordingly, the employer does not have the opportunity to issue an order for maternity leave (a sample (2018) is given below). On November 14, 2012, the Supreme Court of the Russian Federation issued a decision ACPI 12-1204, according to which a woman who continues to work during pregnancy until childbirth does not have the right to demand full-length rest (for example, 140 days as a general rule). This means that she must understand: working during pregnancy until childbirth will not increase the maternity leave that comes after it, that is, she will actually receive not 140, but 70 days. The benefit will be in the appropriate amount.

Making an order for payment of maternity benefits

An order for the payment of benefits, unlike an order for an employee to go on vacation, is issued in any form . There is no specific form here, and the sequence of actions is identical to those described earlier. The algorithm is as follows:

1. After the employee has submitted all the necessary documents to the human resources department, specialists issue both an order for leave and an order for the payment of benefits.
2. The information is transferred to the accounting department, where the monthly allowance and one-time compensation for going on vacation are calculated - the material side of the issue is determined.
3. After the order is signed by the expectant mother and the manager, it is sent to the accounting department to credit the woman with funds.

In practice, the preparation of both orders occurs in parallel, because these components are inseparable - going on vacation and calculating compensation. If the employer delays and the funds do not appear in the account, you should contact your manager and clarify the information.