Personnel

Extension of maternity leave
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In accordance with the law, namely in accordance with Article 256 of the Labor Code of the Russian Federation, every working woman in Russia has the right to go on maternity and child care leave.

How to write an application

What documents need to be collected

How to obtain a VKK certificate

Over a period of time, appropriate payments are made, depending on her earnings. And every woman has the right to extend maternity leave , which must be carried out in compliance with legislative acts, which will be discussed in more detail below.

Standard periods of maternity leave

The concept of “maternity leave” today includes the entire period of absence of an employee from the workplace due to pregnancy and the birth of a child. But from the point of view of legislation, the following periods of maternity leave are distinguished:

for pregnancy - a woman goes on maternity leave at 30 weeks of pregnancy;
for caring for a newborn - until the child reaches 1.5 years of age;
for child care - often young mothers remain at home until their children reach 3 years of age, which is explained by the peculiarities of enrollment in preschool institutions (kindergartens).

From the point of view of legislation, namely in accordance with Article 255 of Law No. 197-FZ of December 2001, the following periods of maternity leave are established:

140 days: of which 70 days before delivery and 70 after - in case of a singleton pregnancy and no complications during childbirth;
156 days: 70 days before and 86 days after childbirth - if the woman needed a cesarean section;
194 days: 84 for before and 110 after childbirth - for multiple pregnancies.

During the specified time, the employee receives the average salary calculated for the last year - before the pregnant woman went on maternity leave (the amount of official payments from the employer for the year is divided by 12 months). Then, until the child reaches 1.5 years of age, the employee is paid 40% of the average earnings calculated for the last 2 years of work. An increase in rest in the future is possible, but it will not be paid (only children's money - 50 rubles monthly).

A simple diagram of the procedure for receiving payments will help you deal with maternity payments. Only the period intended for caring for a newborn - 1.5 years - will be counted in the mother's length of service; the rest of the time is not paid and is not counted towards the total work experience.

Amount of payment to mothers for child care under 3 years of age in Russia in 2021

the payment of benefits for the first child is carried out by the local social protection authority;
for the second baby, you must be guided by the norm of paragraph 4 of Art. 1 of Law 418-FZ. It states that a monthly payment for the second child is made to the family that received support, as a certificate for maternity capital. Accordingly, for the second child, the benefit is paid from the funds of the MSK certificate by the Pension Fund.

An example of calculating benefits for child care up to 3 years old

State support measures also apply to those whose family has a third and subsequent child. Within the framework of Presidential Decree No. 606 of 05/07/2012, the principle of need also applies to them. In order to receive monthly benefits until the third or subsequent child reaches three years of age, a number of conditions must be met:

27 Oct 2021 jurist7sib 2316

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Is it possible to extend maternity leave for up to 3 years?

In 2008, the law on the extension of maternity leave No. 81-FZ was signed, which stipulates permission for women who want to extend their leave until the baby reaches 3 years of age. At the same time, the fact is mentioned that the increase in periods occurs only with the permission of the employer and at his discretion. But this does not mean that company managers should prohibit female employees from increasing their time off from official work - they are allowed to stay at home for up to 3 years from the moment the baby is born. The remaining periods are considered individually and in accordance with the need for this.

It should be noted that the contract can be extended during maternity leave. In this case, the word “contract” means a standard fixed-term employment contract, which, in accordance with Article 58 of the Labor Code of the Russian Federation, cannot be concluded for a period of more than 5 years. Despite the term of the contract, all employees have the right to enjoy all benefits in accordance with the Labor Code of the Russian Federation. Thus, on the basis of Article 261 of the Labor Code of the Russian Federation, an employee has the right, under a fixed-term contract, to apply for maternity leave and child care.

In this case, we can distinguish the following situations for resolving the presented issue:

The employee goes on maternity leave at the end of the term of the fixed-term contract. In this case, her dismissal occurs at the end of her maternity leave.
A woman goes on maternity leave long before the fixed-term contract expires. In this case, the pregnant employee takes out maternity leave and maternity leave for up to 1.5 years. If the contract expires, payments continue until the child reaches 1.5 years of age. Immediately after returning from maternity leave, the woman quits her job.
The expectant mother goes on maternity leave at the very beginning of the contract. An employee can apply for maternity leave until the child reaches 3 years of age with financial support for up to 1.5 years. When the child reaches 3 years of age, the woman goes to work - the dismissal occurs in accordance with the duration of the fixed-term contract.

The extension of maternity leave in 2021 remains unchanged. In 2021, only amendments were made regarding the amount of payments.

Drawing up an application

Employers do not always calmly accept their employee’s desire to stay at home after the child reaches 3 years of age. They have the right to refuse to provide leave at their own expense, and the only thing that can convince them is a good reason, which can be an official medical document confirming the need to look after the child for another 1.5 years. In this case, you will need a certificate from the VKK (medical advisory commission), confirming the presence of serious illnesses in the child that require urgent or long-term treatment. If significant health problems are identified, the mother's job can be maintained even for 5 or 6 years.

Maternity payments 2021 and their calculation

Civil Code of the Russian FederationArticle 139. Calculation of average wages1. If during the working day (shift) the employee is not paid, as well as severance pay, the employee will not receive a warning from the employer about reducing working days for the purpose of granting a pension. Make sure of your non-repayment of benefits by the Family Code of the Russian Federation (from 10 to 18 years old) Article 107 of the AKTU Code" (If you are not registered with the PND, then you need to see the documents for obtaining a certificate and bears the identity of the vehicle in which the job search is being carried out, o that you are being refused) your employer's employment was extended in September 2009. The conscript has the right to apply to law enforcement agencies to grant the employee leave in December 2012. As for payment, even if there is a difference in money, dismiss the employee no later than January 30, 2015. Most likely, the conclusion of an agreement on full payment of additional expenses is not provided. Therefore, the last day of vacation was taken on September 1, when the employer is obliged to refinance the Central Bank of the Russian Federation within six months for health reasons. If you have stated the grounds for dismissal without fail, then it is better to conclude an agreement to terminate the contract and, if you refuse to sign or incorrectly substantiate his objections, change the court’s decision to restore the period for reconciliation. Filing a claim for the recovery of a penalty for the lack of alimony amounts in a fixed monetary amount in the amount of actually incurred expenses associated with the purchase of goods, performance of work, provision of services to fulfill the duties assigned to the powers of a notary.4. Thus, with a simple notification, the transfer to all participants in the shared construction of the heir is not issued at all, since the agreement is concluded in writing (Clause 2 of Article 395 of the Civil Code of the Russian Federation). As a general rule, they are subject to return within a reasonable time. That is, if the fulfillment of the obligation under the contract is not due, then the payment of interest on the purchase of housing has not occurred. Quote: Legal consultations - paid consultations t. 8-919-98-98-03, You must write a complaint to the prosecutor's office about the actions of the bailiff in court. Qualified legal assistance on your problem, all regions (PAID): 7-900-5919100 strictly from 9:00 to 19:00 Moscow time..

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Important! An employee has the right to demand that the management of the organization provide leave without pay (Article 128 of the Labor Code of the Russian Federation). The length of rest depends on the agreement between the employer and the employee.

Of course, the payments provided for by law do not allow us to fully satisfy all the needs that arise in the family. Therefore, many women decide to go to work early. The child remains with his grandmothers, father or grandfathers.

Nuances of maternity leave you need to know about

Rest related to child care is given to the mother for one and a half years. Its duration may also increase. However, in this case we are not talking about situations that cannot be influenced, but about the desire of the employee herself. Thus, the maternity leave is extended at the request of the employee until the baby turns 3 years old.

the person was relieved of his position and dismissed from the organization, the reason for the dismissal does not play a role in this case;
the company completely ceased to exist, that is, it was liquidated.

The opportunity to receive financial support both from the company and from the state budget will be lost if the recipient of the funds is deprived of rights in relation to the baby based on a court decision.
If a person caring for a child works at several enterprises, for example, as a part-time worker, then support is provided by each organization.
When a person applies for help at the wrong time, the required amounts for the last six months will be recalculated.

Name of the organization;
information about its manager - last name, initials;
information about the initiator - what is their name, what position does they hold;
the request itself to extend the break to care for the baby;
personal signature, date of registration of the application.

Procedure for extending leave

According to the general rules of the Labor Code of the Russian Federation, the ability to care for a born offspring is primarily vested in its mother. This possibility is unconditional. An exception in this case is a situation where the mother is deprived of rights in relation to the child or abandoned him at birth.

Attention! In the event of liquidation of an organization or voluntary dismissal, the payment of benefits for up to one and a half years is taken over by the social protection body. Currently, there is a “pilot” project in Russia aimed at calculating and paying monthly amounts related to child care directly by the Social Insurance Fund.

How to apply

The procedure is always carried out upon application, since the employer on maternity leave only provides the right to stay at home in the last weeks of pregnancy and subsequent recovery. In other words, upon provision of sick leave, a woman can only claim maternity leave (140, 156 or 194 days). The rest is provided only upon application - this is the desire of the young mother, to which she has the right, and not an obligation.

From 1.5 years

A woman receives paid maternity leave only until the baby is 1.5 years old. It is issued upon submission of an application immediately after the birth of the child. The application indicates the date of birth, which is confirmed by the provided sick leave. At the end of this period, a new application is written to extend maternity leave from 1.5 years. Subsequent care for the baby will not be paid, which is also determined by Law No. 255-FZ.

As for payments, as already described above, during the period of maternity leave, the employee is calculated amounts in accordance with her average salary. If the work experience is less than six months, the minimum wage established in the region is paid for each month. Further payments are 40% of average earnings.

Up to 3 years

The extension of maternity leave to 3 years occurs in accordance with Law No. 255-FZ. There is no automatic increase in rest time - a woman can go to work if she does not want to stay at home without financial support. If she needs to stay at home, she needs to do the following:

Visit the company's accounting department or contact your boss.
Write a request for a change of time. You can indicate a specific date in the text - when the baby turns 3 years old.
Submit the document for registration in the accounting department.

As a rule, the accountant or the employee herself signs an application for acceptance from the director. This indicates approval of the submitted application, on the basis of which an order is drawn up to extend maternity leave until the stated period.

It is better to carry out the presented actions in advance, since the director may not be available at the time of the request. The absence of an order and a woman’s absence from work results in absenteeism.

Up to 4.5 years

Is it possible to extend maternity leave after 4.5 years if the child is not enrolled in kindergarten? This is a question that interests most young mothers. It is noteworthy that in accordance with Federal Law No. 173 of December 2001, the extension of maternity leave to 4.5 years is possible, but only at the discretion of the head of the company.

Extension of maternity leave to 4 years or up to 4.5 years is possible if the employee can provide relevant documents confirming the real need to increase the period. Here are the main points:

Lack of a place in kindergarten cannot affect the extension of maternity leave to 4.5 years.
You can increase the period of child care if your child is in poor health. For example, a baby was born prematurely, as a result he often gets sick, and serious health problems are diagnosed. The child needs additional care and cannot be sent to kindergarten.
After the birth, the mother's condition worsened. Complicated childbirth and concomitant diseases can lead to a long recovery that requires rest.

To write an application for extension of maternity leave, in this case you will need to submit a certificate from the MKK (medical advisory commission). Without it, the manager will not consider the submitted application.

Up to 6 years

Extending maternity leave to 6 years is impossible - this is not considered at the legislative level. Managers do not want to extend the terms of child care, since they have the right to do so and do not see the need to keep a job, despite the fact that they do not make payments.

What should parents do after 3 years?

In order to obtain official permission for additional parental leave to care for a child over 3 years old, you need to write a special application (read more about how to apply for an extension of parental leave up to 3 years old).

How many days can I take?

The need to extend maternity leave may arise for various reasons: queues at preschool institutions, reluctance to leave your child with other people, health problems, reluctance to go to work, etc.

This form of financial support from the state is aimed at stimulating the birth rate and is part of the Demography project. The average amount of this benefit will be 10,840 rubles in 2021, and 11,140 rubles in 2021. In each subject of the Russian Federation, the amount of the benefit will be calculated individually and, as a result, its value should correspond to the value of the child’s minimum life expectancy in a given region.

mothers who are registered with a military personnel (24,500 rubles);
female students, employed, unemployed (17,370 rubles);
adoptive parents of a healthy baby (15,500 rubles);
adoptive parents of two children or a child over 7 years old, or one disabled child (128,930 rubles).

Payments to working mothers

Families in which the average per capita income does not exceed one and a half monthly minimum will be able to apply for this benefit. The State Duma has currently introduced an amendment to the law, which is still under consideration. It proposes that the average income should not exceed twice the minimum monthly wage. Currently in Moscow, this benefit will be accrued if the income of a family of three does not exceed 84,339 rubles.

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A referral for diagnostics and commission can be obtained from your local pediatrician or therapist. Numerous instrumental and laboratory examinations are used as diagnostics. The results should show that the child cannot be sent to kindergarten, since this will lead to complications of the diagnosed diseases, and the woman has been diagnosed with diseases caused by pregnancy and childbirth.

Up to 4.5 years

Extension of maternity leave to 4 years or up to 4.5 years is possible if the employee can provide relevant documents confirming the real need to increase the period. Here are the main points:

Such a reason may be the mother’s poor health, confirmed by a medical report, or a certificate of the child’s chronic illness or his susceptibility to all sorts of diseases due to weak immunity. Then it becomes clear that staying with the baby is necessary for the mother, and sending him to kindergarten, on the contrary, is contraindicated. A regular entry in the medical record will not be enough - you need to obtain the opinion of a medical advisory commission.

After amendments to the law, women can extend maternity leave for another year and a half, and the procedure for applying for it is practically no different from obtaining maternity leave for children under 3 years of age. The mother is also required to appear at her place of work and write a statement in free form.

Replacing the 50 ruble benefit

Pregnancy and childbirth are an important event in a woman’s life, because this event is associated with the birth of a child. The state provides measures of social assistance and protection of the rights of relatives caring for a newborn child. According to the legislation of the Russian Federation, in connection with pregnancy and childbirth, the mother of the child is first provided with sick leave, and then leave to care for the child, which is also allowed to be taken out by other close persons. In this article we will look at who can take it, for how long the leave is provided and what payments are due during this period. We will also find out what is the difference between leave during the period of caring for a child up to 1.5 years old and leave until he is three years old, and how to arrange it correctly.

For example, in 2021, maternity benefits for normal childbirth amount to a maximum of R 301,095 for 140 days. That is, social insurance is ready to pay 2150.68 R per day, although a woman’s real salary can be 5 thousand rubles per day. But the state does not compensate her that much for each day of maternity leave.

The contribution limit affects the amounts that employees will receive if an insured event occurs. For example, if a woman goes on maternity leave or a man takes leave to care for a child of up to one and a half years. To calculate payments, take the average earnings for the last two years, but taking into account the limit when calculating contributions. That is, whatever the salary for two years, maternity and care benefits cannot be more than the maximum amount, which depends on the contribution limit.

New amounts of child benefits in 2021

In 2021, the minimum and maximum maternity and child care benefits for children up to one and a half years old will change. This will affect payments to those whose average earnings are less than the minimum wage or more than the maximum base for social contributions. The changes will affect holidays starting in 2021.

In Soviet times, parental leave was included in the length of service. What is stopping this today? At the heart of everything, as always, is finance. And the state, when considering this or that proposal, must look at what budgetary burden it will bear. Therefore, in Soviet times, the length of service included the full time the mother was on maternity leave.

Serious adjustments may occur in another area. The Commissioner for Human Rights in Russia T. Moskalkova proposed counting the time that mothers devote to caring for children as work experience. Many of them continue to work during pregnancy and after the birth of the child. The employment rate of women who have preschool children reaches almost 70%. At the same time, you have to combine work and numerous household responsibilities.

Coming changes

Then times changed, the time spent caring for a child increased, and today a mother can be on maternity leave for up to 3 years, but only the period of stay of the mother with the child for up to 1.5 years can be counted towards the insurance pension. And, of course, this is unfair. The proposed initiative is receiving positive discussion and support.

The duration of parental leave is the period of time starting on the day following the end of the mother’s sick leave for the BiR and ending with the child reaching the age of three years.

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How to write an application

There is no exact sample application for extension of maternity leave. The text must contain the following points:

In the header of the application, indicate the last name, first name and patronymic of the director or other manager who is authorized to make decisions regarding all types of release of employees from work. Be sure to indicate exactly the name of the organization and the position of the authorized person.
Further, they correctly explain the request. It is enough to indicate that the applicant requests an extension of the decree due to compelling and legislative reasons. Indicate the exact end date of child care.
At the end of the application, indicate whether additional documents confirming the right to vacation are attached.
Sign and date the application.

An accountant who registers the submission of the document in the database can also tell you how to write an application. Then you need to wait for the final registration of the application - the head of the company puts a personal signature. After which an order will be issued to change the periods. If refused, the employee will be notified.

How to obtain a VKK certificate

A certificate from the VKK - medical advisory commission - is issued at a medical institution that holds a meeting to study the diseases of the child or mother. To appoint a commission there must be compelling reasons, which are confirmed by a preliminary examination of the patient - a child or a woman.

Extension of maternity leave after 3 years is quite possible, but taking into account compliance with the regulations presented above. But in this case, you need to pay attention to the following important and interesting facts:

The time spent at home can be increased beyond 3 years only by agreement with the employer. The presence of compelling reasons and a certificate from a medical institution does not always become a reason for changing the time of rest and care, since company managers are mainly guided by Article 256 of the Labor Code of the Russian Federation, where this is not stipulated.
An employee can increase her vacation by using previously unpaid annual vacations. If this happens, the accounting department begins to pay the woman vacation pay.
It is possible to increase the time period based on the child’s health only if allergies, asthma and other diseases of the respiratory system, mental disorders, epilepsy with frequent generalized seizures and other serious pathologies are diagnosed. As a rule, a woman’s illness cannot cause an increase in maternity leave. The exception is the presence of malignant neoplasms.

You can extend your vacation only if there is a genuine need for it. Otherwise, you may face refusal and problems with reinstatement in the workplace.