Who can receive benefits?
This type of financial assistance from the state is paid to persons who are involved in caring for a baby after his birth and until he reaches one and a half years. In this case, whether the child’s parents work, are in training, or are not employed at all does not matter.
Not only the child’s mother, but also his father (but strictly one of them) or the one who officially took the child under his guardianship has the right to receive benefits.
One important nuance should be noted: if the period of caring for an infant can last three years, then the payment of benefits continues exclusively for eighteen months, after which parents have to rely only on their own strength and resources.
Errors when writing an application
The application is written in any form, however, the employee must carefully consider its preparation. An incorrectly executed document may not be accepted by management, and the woman’s leave may not be granted on time.
The following errors are possible:
- Stylistic and grammatical;
- The date of birth of the child is not indicated;
- The list of attached documents is not indicated.
Practice is rich in legal disputes that infringe on the rights of mothers.
It is better to submit the application in two copies. After signing them by the director, take one of them for yourself. The same should be done with the corresponding order.
Certified documents are endowed with legal force and if a conflict arises, they will become indisputable evidence. Copies of papers and oral agreements with management will not protect the rights of the employee.
Employees on maternity leave should remember that an application for parental leave must be written any day before its due date.
Where to apply
Women who have a permanent job must write an application to their employer.
The payment procedure occurs in such a way that first the company’s accounting department calculates and gives the maternity leave the amount due to her, and the Social Insurance Fund then compensates the organization for these funds in full.
If a woman works in two places at once, she can choose which company she would like to receive this type of financial support from. If two types of benefits coincide for a working mother (maternity and child care benefits), she needs to decide in favor of one of them.
If a young mother does not officially work anywhere, she should send an application for benefits to social services. protection.
Why apply for an extension?
Article 256 of the Labor Code of the Russian Federation gives the right to every working woman in Russia to be on maternity leave until the child reaches the age of three years. In addition to the mother, the following have the right to this:
- baby's father;
- grandmother;
- grandfather;
- any other relative or guardian who is actually caring for the child, but only one person.
Parental leave is taken out immediately after the birth of a child or before maternity leave ends. In this case, the employer’s consent is not required; it is enough to just inform him.
However, only the period until the child reaches 1.5 years is paid. Therefore, many mothers are forced to go to work earlier than they would like.
Extension of vacation to 3 years occurs in accordance with Art. 256 Labor Code. If a woman took care leave for up to 1.5 years, and then decided to extend it to 3, it is important to know that there will be no automatic increase in rest time. It is necessary to resolve this issue with the employer by submitting an application (read more about providing parental leave for children up to 1.5 and 3 years here, and from this article you will learn how to apply for maternity leave and what documents are needed).
Before the period of parental leave expires and the child turns 3 years old, the employee can return to work at any time, and, if necessary, continue the rest period again.
Early return to work is also accompanied by writing an application (how to draw up and submit an application to interrupt parental leave for a child under 3 years old). You can’t just leave your vacation before 3 years earlier without registration.
While caring for a child under three years of age, a mother should not worry about losing her permanent job. The employer guarantees her the preservation of her job, position and salary. In addition, periods of child care are included in the general work and continuous length of service, however, the insurance period for calculating a pension is only up to one and a half years (we talked in detail about whether parental leave is included in the work and insurance length of service in this article). article).
Documents accompanying the application for child care benefits up to 1.5 years old
One application to receive benefits will not be enough. It must be supported by several additional papers. These include:
- a document certifying the birth of a newborn;
- a certificate from the husband/wife's employer stating that he/she did not receive benefits through the accounting department of his company (if there is no official spouse, then you can do without this certificate);
- if the woman is divorced, a copy of the divorce certificate will be required;
- when working simultaneously at two different enterprises, you will have to bring a certificate indicating that the second employer did not assign or pay benefits to the applicant;
- if the application is sent to the social department, in addition, you may need a copy (extract) of the employment record taken from the last place of work or a certificate stating that the applicant does not officially work anywhere (you can get it at the labor exchange).
How to apply
In order to extend maternity leave until the child is three years old, the maternity leave must:
- arrive to the employer before the end of the one-and-a-half-year vacation;
- submit a prepared application for extension of leave;
- do not forget to indicate the need to assign benefits for the second period of vacation, the amount of which is 50 rubles.
It should be borne in mind that you cannot refuse to receive such a small benefit, since its appointment and issuance are directly related to the provision of additional parental leave until the child turns three years old.
Please note! If a woman applies for three years of leave at once, because she does not plan to go back to work earlier, then the payment of the first year and a half benefit can be extended over three years.
In this case, monthly payments will be smaller, but they will be made monthly for three years. Many women have already used this method.
When and in what quantity will the money arrive?
The benefit is paid monthly for up to one and a half years.
Its size is set individually and depends on the level of the woman’s official salary. The higher the salary, the higher the benefit will be, in addition, territorial coefficients and inflation values are taken into account.
Non-working women receive a strictly established amount, which depends on the “minimum” wage. In 2020, for example, the benefit is 2908.62 (for the first child) and 5817.24 (for the second and all subsequent ones). It must be said that there is also a maximum benefit threshold - even for working mothers with high earnings it cannot exceed the amount of 23,120.66 rubles.
All of the above figures are not final and are adjusted annually.
Why apply for a vacation extension?
Considering that from a young age it is impossible to enroll a child in a preschool institution, the child’s mother must provide due attention and care in the early stages of the child’s life.
If she constantly leaves work without taking leave, then such actions may be regarded as absenteeism. Accordingly, there is a basis for dismissal, therefore, by submitting a written application for parental leave, she will justify the need for her absence from the workplace.
Based on the application, the employer issues a leave order.
It should be borne in mind that a woman may not go on maternity leave. For example, his grandmother or nanny takes care of him, and the woman continues to work. That is, whether or not to go on maternity leave is decided by the maternity leaver herself. Nobody can force her. This is her right, and she decides for herself how to use it.
However, if a woman goes on maternity leave, she receives a monthly benefit. If she returns to work, no benefits are paid.
The amount of the benefit for the first year and a half is calculated from the average monthly salary for the previous two years. For the next year and a half, the benefit amount is fixed. For 2020 it is 50 rubles.
The legislative body has bills that provide for an increase in the amount of benefits, but they have not yet been adopted.
Features of the document
If you need to fill out an application, read the recommendations below; they will help you avoid mistakes and save time.
Today, an application for receiving benefits for child care up to 1.5 years can be formed in any form or, if the employer’s representative or social security offers a document form, according to its type.
The application can be written on a regular sheet of any suitable format (but it is better to choose standard A4), by hand (without inaccuracies, errors or corrections) or on a computer.
Only one requirement must be met: the application must be certified by the personal “live” autograph of the person on whose behalf it was formed.
It is better to draw up the document in two identical copies.
- One of them must be given to the employer or government employee. organ,
- the second one, after a sign of receipt has been placed on it, keep it.
Social guarantees
Parental leave is included in continuous work experience and in the length of service in the specialty (with the exception of early retirement in old age). It is also included in the pension experience as a special period and only until the child reaches 1.5 years of age.
Many people confuse vacations of up to 1.5 years and up to 3 years. Indeed, in the first case, the federal benefit is paid in proportion to the salary of the person who exercised the right to leave. And from 1.5 to 3 years, compensation from the employer is pennies. But this is the same vacation and you do not need to write an application twice.
While on parental leave, the applicant has the right to work part-time or at home (a corresponding application is drawn up), while the right to benefits is retained.
The application is accompanied by a copy of the birth certificate and a certificate from the employer of the second parent stating that the latter does not use such leave. For other relatives of the child, the application for parental leave must include certificates from the place of work of both parents.
Contents and example of the document
When formulating the text of the application, keep in mind that it must comply with certain standards of business documentation:
- In the “header” indicate the name of the employing company or the social service department, depending on where exactly you are submitting the application.
- Then write your last name, first name, patronymic (sometimes you need to include data from your passport here).
- Next, indicate the word “Application” - in the middle of the line and below - the request itself for the appointment and payment of child care benefits (here also indicate his full name, date of birth and all papers attached to the application).
- At the end, please sign and date it.
How to extend the vacation period - ways
When deciding to stay with a child under 3 years of age, a woman must contact the human resources department, accounting department, or directly to her boss to arrange an extension of maternity leave. In this case, you must write a statement to inform your superiors about your plans.
As a rule, an accountant, a personnel officer or the employee herself signs an application for acceptance from the director, after which an order is drawn up to extend the period. Then the employee will be familiarized with the order against receipt and will put the appropriate mark on the report card - coolant or digital symbol 15.
To extend the rest period, you need to choose one of the following methods:
- When maternity leave ends, the woman writes an application for parental leave for up to 1.5 years and for the assignment of benefits. After this period, he writes an application again to extend the period to 3 years.
- To avoid unnecessary paperwork, you should immediately write an application for a three-year vacation period and the assignment of benefits, then you will not have to come to work for the sake of bureaucratic procedures.
If a woman does not go to work after the child reaches 1.5 years of age and there is no order to extend the leave, she will be marked absenteeism on her report card, which threatens the employee’s dismissal.
Benefit payment procedure
According to labor legislation, payment of child benefits is made on the same days when wages are paid at the enterprise.
Considering that, according to the law, salaries are issued at least twice - once in the form of an advance, and the second - in the form of wages, a maternity leaver can choose one of two options:
- receive benefits on the days the advance is issued;
- receive benefits on paydays for the month worked.
The law provides a woman with the opportunity to receive the entire benefit amount at once. However, to do this, you must submit an application before the child is two years old.
Remember! If an application for the full amount of benefits is submitted after the child reaches the age of two, the social insurance department at the place of residence will have to provide documents that justify the impossibility of filing an application earlier.
Despite the fact that the benefit is paid by the employer, the money is allocated by social insurance, so the employer, on its own initiative or at the request of the maternity leaver, does not have the right to pay benefits several months in advance.
If such a fact is established, social insurance has the right to stop paying compensation to the employer.
When applying to an employer for payment of benefits, a woman must indicate how she wants to receive money - by card, current bank account, postal transfer.
Having chosen a method that satisfies it, you should indicate all the necessary details. This can be stated both in the text of the statement itself and in the form of an annex to it.
