How to draw up an employment contract during maternity leave of the main employee and what should be taken into account? Sample document

They criticized the developed rules during public consultations. They do not raise arms when the news of the year has been conveyed to the Council of Ministers.

Employers' organizations have just prepared a joint position in which they oppose the proposed changes. The desire of the employee Transfer during maternity leave can only be with the consent of the employee himself. So, the employee was transferred to another position during maternity leave, but after a certain time he decides that the job is not suitable for him. Info The return of an employee from maternity or child care leave is the absolute responsibility of the employer.

Failure to do so may result in the employee's ability to pursue legal action as such action may be considered gender and maternity discrimination.

How to register an employee during maternity leave of the main employee?

This is the day that follows the day the employee goes on maternity leave in accordance with the sick leave. It is better to record the end of the employment relationship as the last day before the employee leaves maternity leave.

This is the third stage of registration. After the parties have drawn up and signed an employment contract, the company prepares an order to hire an employee during the maternity leave of the main employee. The order is prepared according to approved form No. T-1.

This document must be compiled as accurately as possible.

It will be kept in the company's archives and may be needed when the temporary employee applies for a pension.

Annual leave

https://www.youtube.com/watch?v=mHrR7CB1tbg

If a young mother works on maternity leave, she has the right to annual paid leave (Rostrud letter No. PG/8139-6-1). She can use it after the end of maternity leave, since, according to labor legislation, a young mother does not have the right to use two types of leave.

If there is a need for annual leave, the employee has the right to take it, while interrupting her maternity leave. To do this, she writes a statement where, in addition to a request for annual leave, she asks to interrupt her maternity leave. Based on this application, an order is issued and a corresponding entry is made in the employee’s personal card. Payment of benefits during vacation stops and resumes when it ends.

Entry in the work book for employment during the employee's maternity leave

One of the reasons for their conclusion is that a permanent employee goes on maternity leave.

It's fast and free! Table of contents:

Application for employment during maternity leave
Features of hiring a temporary employee
In what cases is a deputy needed?
Order for employment during maternity leave
Registration of a temporary employee

Peculiarities of hiring a temporary employee It doesn’t matter that the candidate for a temporary position will stay at the company for a very short time - he must be formalized in accordance with all the rules of labor legislation.

Hiring a temporary employee: during maternity leave, sick leave for the main employee - registration

Vacation periods are negotiated by employees and management and are regulated by state law. The following are valid reasons for doing so:

Loss of a close relative. The same as in the first two paragraphs.
Marriage to an employee of the Armed Forces of the Russian Federation or internal affairs bodies. They give 14 days a year.
Birth of a child. The vacation lasts no more than 5 days.
Disability. The right of a Disabled Person to go on such leave is limited to 60 days a year.
Pension. A person is allowed to rest no more than 2 weeks a year.
Marriage registration. The deadline is similar.

Let us immediately note that in case of advanced training outside the main job, which is formalized in accordance with the employment contract, the employer retains the employee’s job, position and salary. If issues of professional training are not regulated in the orders or resolutions of the enterprise, then it is not obliged to maintain these guarantees.

Important nuances

Art. 58 of the Labor Code of the Russian Federation does not establish a minimum period for the validity of temporary labor agreements. Therefore, there are no prohibitions from the law even when applying for a job for just a couple of weeks. When concluding a formal employment contract (even with a short duration), temporary employees are provided with the same guarantees as for permanent employees.

Practice shows that most cases of drawing up fixed-term employment agreements are to replace temporarily absent employees. But sometimes such contracts are signed to complete a seasonal task or produce a specific project if the company does not have an employee with the necessary qualifications. In such situations, the contract may be valid until a certain date or limited to the fact of completing a specific task, which is confirmed by the acceptance certificate or other document.

In this regard, it turns out that a woman working on a temporary project and notifying her employer of her pregnancy has the right to work on the project until maternity leave. If a task needs to be done within a specified period, then the pregnant employee must complete it on time. At her written request, management is obliged to provide another position in the same organization or find another place of work.

It often happens that women who get a job at an enterprise under a temporary employment contract are aware of its expiration date. But when pregnancy occurs, many of them refuse to leave work, even though they previously signed a fixed-term agreement with the employer. As a rule, these women do not want to put their signature on the dismissal order, thinking that this measure will protect them from terminating their employment relationship.

However, in such situations, an employer who is unable to provide another vacancy has every reason to dismiss due to the expiration of the contract. To prevent a woman from challenging her dismissal in the future, a competent manager provides the woman with an order in front of witnesses, in whose role other employees of the company can act. As confirmation of the woman’s refusal to sign, a corresponding act is drawn up for the document, which will indicate that the dismissed employee has familiarized herself with the order.

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Registration of employment records during maternity leave

Only after the publication of the appropriate administrative document does it become possible to make an entry in the work book for the appointment of the main specialist during maternity leave. Entering relevant information into the work book of a new employee should follow the general rules.

The entry in the work book when hiring during maternity leave has a standard form. The basis for its inclusion is the employment order. Sometimes there are situations when an employee who was on maternity leave quit without starting to perform her job duties at the end of her maternity leave.

In accordance with Part 4 of Art. 58 of the Labor Code of the Russian Federation, if after the expiration of the agreement neither party has declared a desire to terminate the contractual relationship and the employee continues to work, then the urgency condition loses force.

How to correctly write an application for employment during maternity leave, a sample entry in the work book and an order

At the same time, they are assigned the same benefits and rights as permanent specialists on staff. In what cases is a deputy needed?

There are a number of circumstances in which an organization may need a new specialist. Admission to a position for a temporary period is provided if the person holding it permanently:

is on maternity leave
disabled for a long time,
went on a business trip abroad.

In addition, temporary employment is also carried out for seasonal activities, work for a period of up to 2 months, to fulfill a specific labor purpose, or for work of a public nature. Most often, hiring is carried out during the maternity leave of the main employee and hiring during the absence of the main employee.

Long business trip

Whether or not she will retain the right to benefits or lose it will depend on how long the business trip on which the young mother is sent will depend.

While on a long business trip, which lasts more than 1 month, a young mother cannot care for her child. If the employer does not stop independently paying the employee benefits, then the Social Insurance Fund may refuse to pay. This rule applies only to long business trips and does not apply to business trips of several days.

It is important to inform the employee about the possibility of refusing a business trip. This must be done in the following way: the employee is sent a proposal for a business trip, which indicates its duration, goals and the possibility of refusal. This rule also applies to other persons raising a child under 5 years of age without a mother (father, guardian or other relative).

In addition, the employee must be informed that she will lose the right to receive benefits during a long trip (more than 1 month). If the employee agrees to this condition, she will need to interrupt her vacation for the duration of the trip. To do this, you need to write an application for early leave from vacation.

After this, a business trip order is issued, which indicates that the employee’s maternity leave is suspended for the period of the trip, and the payment of benefits is stopped.

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11 June 2010, 13:28 When hiring an employee for the period the main employee is on social maternity leave, for the period the main employee is on social leave to care for a child until he reaches the age of 3 years, a fixed-term employment contract should be concluded with him .

The legislative framework

Letter of the FSS of Russia No. 02-03-13/08-2498 dated 03/22/2010	“About the part-time work schedule”
Article 93 of the Labor Code of the Russian Federation	"Part-time work"
Article 5.27 of the Code of Administrative Offenses of the Russian Federation	“Violation of labor legislation and other regulatory legal acts containing labor law norms”
letter of Rostrud No. PG/8139-6-1 dated 10/15/2012	“On the provision of annual basic paid leave to an employee working part-time while on parental leave”

Temporary hiring

Hiring for a certain period of time must be carried out on a certain basis, a list of which is given in Art. 59 Labor Code of the Russian Federation:

replacing an employee who is absent for a specific reason,
fulfillment of temporary obligations, if the requirement for their fulfillment does not exceed two months,
attracting workers coming from abroad to work,
carrying out events of a temporary nature,
involving company employees in social activities.

An employer does not have the right to sign fixed-term contracts multiple times for an employee to perform regular duties.

Features of a fixed-term contract

Fixed-term contracts are concluded if the fulfillment of labor obligations is required for a certain period of time (for example, solving a specific problem, replacing an absent employee).

Contract for admission for a certain time, in accordance with Art. 57 and 58 of the Labor Code of the Russian Federation must include the following information:

hiring deadlines are set specifically until a certain date or before the occurrence of an event,
the basis for the conclusion, for example, the former employee going on maternity leave.

general information

In accordance with the norms defined by Article 59 of the Labor Code of the Russian Federation, the company’s management has the right to draw up an employment contract on a temporary basis only if a certain amount of work is expected to be performed, or to replace an employee who is absent for a number of reasons, for example, illness or caring for a baby.

At the same time, the directorate has the right to hire almost all citizens for a temporary workplace, subject to proper qualifications and existing work experience, regardless of citizenship or gender, subject to the consent of the future employee to enter into an employment relationship only on a temporary basis.

Basic definitions

In accordance with the norms defined by Article 59 of the Labor Code of the Russian Federation, a fixed-term contract is a legal relationship concluded for a certain period, due to the limited scope of work.

This may be the need to carry out seasonal work or replace an employee on maternity leave.

In this case, maternity leave is the period of time provided to a woman for bearing and giving birth to a child, starting from the 30th week and ending with postpartum rest, lasting in total from 140 to 196 days in accordance with the norms defined by Article 255 of the Labor Code of the Russian Federation.

Accordingly, at the end of maternity leave, the employee has the right to a long leave to care for the baby on the basis of Article 256 of the Labor Code until the baby reaches 3 years of age.

Moreover, despite the fact that both maternity leave and the period of caring for a baby are generally called maternity leave, they are formalized differently, and also have their own characteristics if a pregnant employee is employed in a company in a relationship with a limited duration.

Registration in the labor force during maternity leave of the main employee

If the main employee goes on maternity leave, then her job and salary are retained. However, during her absence, work obligations will be fulfilled by a temporary specialist, who is one of the parties to the signing of a fixed-term contract.

When resolving issues related to filling out the work book of a temporary employee, you must be guided by the provisions of PP No. 225.

It states:

a mandatory condition for accepting a position is to make an appropriate entry in the work book or draw up a new one if it is missing,
information about the employee’s employment is recorded in the work book if the period of his work in the position will be more than five days, with the condition that this activity will be the main one,
there is no note in the work book that the employee is hired temporarily, since he is replacing an employee who is on maternity leave.

How to do it?

The entry in the work book for the period of maternity leave of the main employee should look like this: “Hired to the position of ...”.

It is important to indicate the basic details, which include:

record number,
date of its compilation,
information about the order.

Similar requirements are established by letter of the Federal Labor Service No. 937.

The employment record during maternity leave must be completed correctly. To see what it will look like, it is recommended to study a sample. Using an example, you can correctly compose a record.

Additionally, we present a sample of a fixed-term contract, in accordance with which a temporary employee is hired. It is necessary to determine the basic rules for drawing up a document established by Art. 57 Labor Code of the Russian Federation.

A sample entry in the work book is here,

A sample of a fixed-term employment contract for the duration of the main employee's vacation is here.

When hiring a temporary employee for a position, the employer must draw up an order in the form established by law. It contains general information, including the termination of the temporary contract.

After an executive order is issued to appoint a new person to a position, an entry will need to be made in the work book.

Is it possible to take early maternity leave before giving birth? See here.

Order

After an executive order is issued to appoint a new person to a position, an entry will need to be made in the work book.

The amount of maternity payments for the birth of twins increases. Is it possible to take early maternity leave before giving birth? See here.

Probation

In accordance with current legislation, the duration of the probationary period when hiring should be no more than three months, only in some cases exceptions are provided when the probationary period is no more than six months.

Thus, the probationary period is extended to six months for employees hired to fill the following positions:

head of the company,
chief accountant,
management of branches or departments of the organization.

It is important to consider the following nuances of the probationary period:

If the contract is concluded for a period of up to six months, then the duration of the trial period cannot be more than 14 days.
The employment contract must indicate that the employee is hired for a probationary period.
The entry in the work book should not include this information.

An employee operating on the basis of a fixed-term contract has the right to receive a salary that corresponds to his qualifications and position. Moreover, he can count on bonuses and incentives established by Art. 140 Labor Code of the Russian Federation.

Payments provided to a temporary employee are generally subject to income tax at a rate of 13%.

If an employee quits, he receives wages for time worked or compensation for unused vacation, and he is also entitled to severance pay.

Legislative basis

Remember! The main guarantees of the rights of pregnant women in the event of termination of an employment contract are enshrined in Article 261 of the Labor Code of the Russian Federation, according to which:

the employer does not have the right to terminate the employment relationship with a woman expecting the birth of a child, except in cases of liquidation of the organization, which involves the dismissal of the entire staff on a single basis;
If there is a certificate from a medical institution, the employer is obliged to renew the contract with the employee. At the same time, he has the right to demand appropriate written confirmation of pregnancy, but not more than once every three months. More frequent requests are contrary to current legislation.

In this case, the extension of the contract involves one of the following options:

extension of the period for the period of pregnancy until the birth of the child in the presence of sick leave;
If an employee goes on maternity leave, the contract is extended until the end of the rest period.

Based on the existing guarantees defined by labor legislation, it is easy to identify the main thing:

if there is written confirmation, a pregnant woman has the right to work until the birth of the child, even if the period of validity of the fixed-term contract expires earlier;
When registering for sick leave, the employee has the right to count on the extension of the employment relationship until the end of the period of incapacity, which may be another seventy days after the birth of the child. In this case, the job is retained until the end of maternity leave.

Accordingly, immediately after the above reasons are eliminated, the employer has the right to terminate the employment contract with the employee.

The basis for termination of employment relations in this case will correspond to the basis for termination of a contract concluded for a certain period, that is, paragraph 2 of Article 77 of the Labor Code of the Russian Federation (expiration of the validity period).

Termination of contract

The fixed-term contract terminates at the time specified in it. It may not be negotiated, but in this case the contract is terminated from the moment the main employee begins to perform work duties - the situation is established by Art. 79 Labor Code of the Russian Federation.

The date of termination of a fixed-term contract is the date before the return of the main employee. If this date is a weekend or a holiday, then the deadline for ending the employment relationship will be the next working day - regulated by Art. 14 Labor Code of the Russian Federation.

If a temporary worker used the right provided for in Art. 127 of the Labor Code of the Russian Federation, then the vacation will end after the contract expires.

Thus, the last day of fulfilling labor obligations will be the day the vacation ends.

Can they be laid off after maternity leave? Read here.

Is it possible to take another vacation after maternity leave? Detailed information in this article.

When the main employee returns to work, the temporary specialist may be transferred to another position.

In this case, the fixed-term contract is terminated, then a new contract is concluded for an indefinite period.

Procedure for registration of maternity leave

Important! Even if the expiration date of the employment contract does not fall during the period of pregnancy and birth of a child, a pregnant employee needs to apply for maternity leave on a general basis, and the procedure for applying for leave in this case does not differ from the generally established one and includes the following sequential steps:

Submitting a written application to the employer to extend the period of validity of the fixed-term contract. The document is drawn up in free form addressed to the head of the organization. Attention! This is a mandatory stage of registration of maternity leave, since only on the basis of a written application the employer is obliged to extend the period of employment with a pregnant employee. Otherwise, the court has the right to refuse reinstatement if during the proceedings it is established that there is no written request from the plaintiff to extend the contract;
attachment of a certificate of the established form, issued by a medical institution and confirming the presence of pregnancy. A special form has been developed and approved for such documents; in addition, the certificate must contain the triangular seal of the clinic;
filing an application for maternity leave. This document is written in free form addressed to the head of the employer with a mandatory indication of the rest period (the start and end date of the vacation);
attachment of a certificate of temporary incapacity for work to confirm the right to leave. In the absence of sick leave, the employer will not be able to satisfy the employee’s request and properly arrange for her leave. A sick leave certificate is issued by the medical institution where the woman is registered, approximately 70 days before the expected date of birth. The original sheet is transferred to the organization’s accounting department for accrual of appropriate payments, and a copy is attached to the application;
issuing an order to grant maternity leave. As a rule, for these purposes the employer uses order forms T-6 or T-6a. In this case, an entry is made in a specially designated line about the type of leave provided to the employee;
calculation and payment of maternity benefits. The amount is calculated according to general rules, no different from the rules for calculating benefits for pregnant women holding permanent positions in the organization.

After a temporary worker leaves for vacation, it is allowed to employ another employee in her place by concluding a contract for a certain period.

Watch the video. Is it possible to terminate a fixed-term employment contract before the end of pregnancy:

Drawing up an employment contract during the employee’s absence on maternity leave

When hiring a new employee for a position, it is important to correctly formulate the conditions regarding the procedure for concluding a contract and the date of termination of the relationship. In this case, you must comply with the requirements of Article 59 of the Labor Code of the Russian Federation.

In another situation, the employer may be faced with the situation that when an employee returns from maternity leave, there will be two employees in one position at the same time.

Such features are due to the fact that after the initial registration of maternity leave for pregnancy and childbirth, leave is often extended at the request of the employee. The rules are regulated in paragraphs 46 and 48 of the Procedure for issuing certificates of incapacity for work.

The maternity leaver retains the right to leave vacation until the newborn turns 3 years old, and at any time during the vacation, which is prescribed in Article 256 of the Labor Code of the Russian Federation. In this regard, the only correct condition included in the contract with an employee on a temporary basis will be the provision on leaving the place of employment when the main employee takes the place.

An explanation of which day of work for an employee on a temporary basis is considered the last is contained in Letter of Rostrud No. 443-6 dated October 31, 2007.

For example, when going on vacation or sick leave. This provision is based on Article 84.1 of the Labor Code of the Russian Federation. Accordingly, the day of dismissal will be considered the date preceding the maternity leave from leave.

On the date of dismissal, the employee should hand over the work book against receipt and make a full payment, taking into account the time worked and previously unpaid vacations.

The date of release of a maternity leave before reaching 3 years is usually known in advance, since she first submits an application for leave. The allotted time is sufficient to formalize the termination of employment with an employee performing obligations on a fixed-term basis.

Grounds for concluding a contract for maternity leave

When concluding such contracts, you should be guided by the following grounds for executing fixed-term employment agreements:

Article 58 of the Labor Code, the provision states what constitutes a fixed-term contract and describes cases in which a contract is concluded on a temporary basis,
Article 59 of the Labor Code of the Russian Federation - on the possibility of drawing up an employment contract to fulfill obligations on a temporary basis,
Article 60 of the Labor Code of the Russian Federation - on the limitation of obligations not related to the work performed and not directly specified in the job description,
Article 72 of the Labor Code of the Russian Federation - signing an additional agreement when changing the terms of the current employment contract,
Article 260 of the Labor Code of the Russian Federation - registration of annual leave on a paid basis before or immediately after going on maternity leave, accounting for the period in the total length of service,
Article 261 of the Labor Code of the Russian Federation - transfer of guarantees if a pregnant woman quits.

Conditions for concluding an employment contract during maternity leave

If it is necessary to draw up an employment contract on a fixed-term basis when filling the position of an employee who has gone on maternity leave, an agreement is concluded according to a certain sample.

agreements can be found here.

It should be indicated in the contract that the date of termination of relations with the employer is fixed the day before the employee employed under the main contract goes to work.

Fixed-term employment contract and maternity leave in 2020

If the term of a contract with a limited period of validity does not expire during the interesting situation of the worker, as well as immediately after the release of the burden, the execution of the decree is no different from the usual procedure.

Leisure care

According to the norms defined by Article 255 of the Labor Code of the Russian Federation, a pregnant employee for a period of 30 weeks issues a sick leave at the place of registration in the antenatal clinic, which is then provided to the enterprise.

Also, to the certificate of incapacity for work, the worker attaches a statement drawn up in any form with a request for maternity leave. Accordingly, based on the submitted documents, a leave order is issued and the woman can calmly prepare for the birth of the baby.

If the mutual cooperation agreement expires before 30 weeks, the woman at her place of work provides a certificate of her interesting position. Moreover, this must be done every three months.

On the basis of this certificate, the validity of the contract is extended until the burden is resolved and the sick leave ends, after which the employment relationship is terminated, again on the basis of an order, but this time on dismissal.

How is it processed?

If the period of validity of the employment contract expires after using labor and labor leave, the woman has the right to apply for parental leave by submitting an application and a birth certificate for the baby.

Based on the submitted documents, an order is issued at the place of work, which actually gives the temporary employee the right to calmly take care of the baby until he is three years old, and without fear of dismissal.

Maternity payments

In accordance with Federal Law No. 81, pregnant women can count on the following types of payments:

a one-time benefit for early registration before 12 weeks on the basis of Article 9;
payments provided in connection with pregnancy and the birth of a baby in accordance with Article 6;
benefits in gratitude for the birth of a child in accordance with Article 11;
monthly transfers for the baby in accordance with Article 12.

Features of accrual and payment

The first payment to a pregnant woman is a maternity benefit, which is calculated based on the sick leave filed.

Moreover, in accordance with Article 11 of Federal Law No. 255, the calculation of the entire vacation period is carried out in the amount of 100% of average earnings, regardless of the length of the woman’s total work experience. If the total length of service of an employee is less than six months, the minimum wage established in the region of residence of the employee is used as the average wage.

Also, along with the B&R benefit, the woman is also paid a payment for registration up to 12 weeks, based on a certificate provided from the antenatal clinic.

In this case, the employee has the right to the agreed payments in any case, given that the temporary employer is an intermediary who transfers to the worker the funds provided by the state as social benefits.

In accordance with Article 11 of Federal Law No. 81, the employee also has the right to benefits for the birth of a baby. Moreover, this payment can be received either by her personally at her place of work, or by other relatives of the newborn, for example, by the father, at his place of employment or at the social security department, if the woman was fired after giving birth in accordance with Article 79 of the Labor Code of the Russian Federation.

Also, a temporary employee has the right to a monthly allowance, which is intended to meet the needs of the baby.

Moreover, if by the time the agreed payment is calculated the woman is fired, the amount of the benefit will be assigned by the social protection department in the minimum amount.

If the agreement on mutual cooperation is continued, the amount of the benefit will be calculated at 40 percent of the average earnings for the last 12 months.

What documents are needed to apply for maternity leave? Read our article. How to fire a pregnant woman during a probationary period? Find out here.

Can a pregnant woman be given leave in advance? See here.

Benefit amount

In accordance with the norms of Federal Law No. 81, the amount of social benefits provided in connection with pregnancy and the birth of a baby in each case has its own characteristics, given that women belong to different social categories and can give birth to either their first or third child.

According to BiR

When registering for maternity leave, the following payments are transferred in the amount:

613.14 rubles – for early registration;
average wages for 140 or 196 days.

For child care

Accordingly, after the birth of the baby, regardless of whether the employment relationship continues or is terminated due to the end of the contract period, the temporary employee has the right to two types of payments.

These include:

16350.33 rubles for the birth of a baby;
40% of the average payment or 3065.69 rubles monthly for child care.

If an employee is hired to replace another woman on maternity leave

In accordance with Article 261 of the Labor Code of the Russian Federation, a pregnant employee employed on a temporary basis can be dismissed only if the main employee begins his duties. For example, returning from maternity leave.

At the same time, on the eve of dismissal, the company management is obliged to offer the woman a transfer to other positions, of course, if they are available, but on the condition that the woman can perform future responsibilities without compromising her interesting condition.

Dismissal and termination of the agreement

The law provides for only two cases of termination of relations with a pregnant employee, and even then as an exception, and with strict adherence to the procedure specified in Article 261 of the Labor Code of the Russian Federation.

An agreement on mutual cooperation with a woman during pregnancy can be terminated:

when the main employee returns to the company;
upon expiration of the period of contractual relations during pregnancy, followed by prolongation until resolution of the pregnancy.

How to apply correctly?

In accordance with Article 79 of the Labor Code of the Russian Federation, at the end of the contract period, the employee must be notified of the termination of the legal relationship three days before the termination of the employment relationship.

Moreover, if the contract was drawn up due to the absence of the main employee, the woman is not required to notify due to the fact that the contract was initially concluded before a certain date, which the employee was familiar with at the employment stage.

That is, when the main employee leaves the enterprise, only an order is issued to terminate the relationship due to the expiration of the contract period, which the temporary employee becomes familiar with.

If the contract is terminated due to the performance of a certain amount of work, and even after an extension, the employer is obliged to notify and also fire the woman within a week after the birth of the child became known.

At the same time, given that the law does not establish a procedure for informing management about the birth of a baby, notification can be done by providing a certificate from the maternity hospital or a copy of the birth certificate.

On their basis, a notice of termination of the employment relationship will be issued after three days, as well as a dismissal order will be issued.

Entry in the work book

In the event of termination of legal relations upon expiration of the period of validity of the mutual cooperation agreement, regardless of whether the employee is pregnant or not, the following entry is made in the labor book:

“Dismissed due to the expiration of the employment contract on the basis of Article 77 of the Labor Code of the Russian Federation.”

In what cases is maternity benefit available for individual entrepreneurs? Is child support due during maternity leave? Find out here.

Payments to an employee under a contract during maternity leave

An employee holding a position on a temporary basis when the main employee goes on maternity leave has the following rights:

to receive wages based on the time sheet at an agreed rate in accordance with the employee’s qualifications,
for the payment of compensation and bonuses provided for by the internal documents of the organization, such as collective agreements, labor regulations,
on the last day of work, payments are made for the full period worked, accrued bonuses, and compensation for unused annual leave.

What should a worker going on maternity leave do?

Before going on vacation in connection with the birth of a child, an expectant mother employed under an employment contract should take care of the correct registration of maternity leave, which consists of three parts:

period of pregnancy, postpartum period,
child care until he is 1.5 years old,
extension of maternity leave until the child turns 3 years old.

It is important to submit timely applications addressed to the head of the enterprise for all periods ahead of time.

When applying for maternity leave, you must attach a certificate of incapacity for work for 70 or 84 days, depending on the expected date of birth, single or multiple pregnancy.

In the subsequent period after childbirth, you must provide a certificate from a medical institution or a birth certificate. Based on these documents, a lump sum benefit is calculated in connection with the birth of children.

An employee has the right to keep her job until the child reaches 3 years of age, regardless of the fact that from 1.5 years the benefit will be only 60 rubles. The unused part of the next vacation can be included in the periods both before birth and maternity leave, and after its end.

How to register

The law protects expectant mothers from dismissal, even if the employment agreement concluded with them expires during this period. But for this you need to arrange everything correctly.

The registration procedure consists of several stages:

Having learned about her situation, a woman is required to obtain a certificate from the hospital confirming the fact of pregnancy. It is provided to the employer. From this moment, until the pregnancy ends, the employer has no right to dismiss the woman from work. Even if her fixed-term contract is about to expire. According to the woman, it will have to be extended until the end of the interesting situation.
Once every three months you will have to update your pregnancy certificate and bring such a document to the administration. This should only be done at the request of the employer. You don't have to show independent initiative.
At 30 (for twins at 28) weeks, the antenatal clinic issues the expectant mother with a sick leave certificate. A certificate of early registration is immediately issued.
At work, you should write an application for leave in connection with pregnancy and subsequent childbirth. The application is accompanied by a sick leave certificate issued by the antenatal clinic.
The sick leave certificate is filled out by the employer (part of it) and submitted for payment.
The HR department issues an order for the provision of leave, as well as payment of the due benefits. The documents are submitted to the employer for signature.
Having received the signed order, the accounting department, no later than 10 days, calculates the payments due. This is done taking into account the level of income of previous periods. The amount of the benefit must be within the limits established at the state level.
Payment of money is carried out on the day the salary is transferred. At the same time, a lady can go on vacation from the moment she signs the corresponding order and familiarizes herself with it.

Remember, the presence of primary documents (certificates, sick leave, applications) is mandatory. Without them, the calculation of the due benefit amount will not be carried out.