Extension of maternity leave

Will young mothers expect an extension of maternity leave to 4.5 years in 2021?

The reason for leaving work earlier may be the continuation of pregnancy or a medical certificate confirming the employee’s poor health . Over the next year and a half, the mother receives child care benefits.

Maternity leave is a period during which a woman is relieved from her work responsibilities due to pregnancy and the need to care for a newborn. This time is divided into several periods, the first of which is the holiday for accounting and research. Its duration may vary depending on the circumstances:

Circulation period

Submitting a written request to extend maternity leave after 3 years is allowed until the baby reaches this age. After this, it is necessary to renew it each time if the parents have such a desire.

Algorithm of actions:

A written appeal to the employer. This can be done in the HR or accounting department - it depends on the type of enterprise and the employee performing the function of processing documents.
Receive an order from management, which is drawn up by a personnel officer and signed by the director of the organization.
Wait for the manager's order. As a rule, the order is drawn up by the personnel officer and signed by the director. After the employee extends her vacation, she needs to read the document for signature.

Read also: Payment for education with maternity capital in 2021

The law does not set deadlines for filing an application. But the HR department employee needs time to complete the paperwork, and the accounting department needs time to make cash payments. Therefore, experts recommend submitting documents no later than 10 working days before the maternity leave.

It is noteworthy that leave to care for a newborn can be taken out immediately for up to three years at the first application. Thus, a woman eliminates the need to visit her place of work several times.

Failure to apply for an extension of maternity leave may result in absenteeism and a reprimand.

Changes to maternity leave 2021

The birth of a baby is both a great joy and a great responsibility for parents. Also, pregnancy, preparation for the birth process, and the postpartum period are not only an important time for the normal development of the child, but also significant financial costs for the family.

Showing concern for its citizens, the state tries in every possible way to help in creating, preserving and expanding families, assigning various payments, allowances and benefits for the birth of children. One type of such material support is maternity payments.

Maternity leave 2021: new law, payments

During this period, the law allows you to work exclusively within the framework of a civil agreement. The required benefit is transferred on time. If a woman decides to perform work duties for some more time, then the amount for the actual days worked must be deducted from the accrued benefit. This is due to the impossibility of paying wages and benefits at the same time.

Such an important question, whether parental leave is included in the length of service for a pension, can be easily resolved by referring to Art. 11.12 Federal Law No. 400 dated 12/28/13. The law specifies that a 1.5-year vacation is counted exclusively towards the insurance period, which is also taken into account when calculating pension payments. For mothers with many children, it is possible to include no more than 6 years in the insurance period.

Required documents

In the regions of Russia, a common reason for applying for an extension of maternity leave is the lack of kindergartens. Despite federal orders to expand kindergartens, it is not possible to obtain a place in a preschool institution until the child reaches 4 years of age. As a rule, until this time, the mother must resort to the help of relatives or hire a nanny in order to go to work.

Reasons for extending maternity leave

Documents received from the VKK are the basis for extending parental leave for a child under 6 years of age. However, the mother and baby will have to undergo this procedure every six months and submit a certificate to their place of work.

27 Oct 2021 jurist7sib 72

Share this post

Objections to the Application for Collection of Legal Costs Sample
I request you to search for the debtor's accounts.
Purchase and Sale Agreement Multiple Buyers
Where to Buy a Pass Along the Orel Znamenka Route

Extension of maternity leave to years the law came into force

The specified period of incapacity for work is paid in accordance with the legislation regulating the payment of sick leave - that is, based on the woman’s total work experience and her average salary.

However, some young mothers are trying to return to work as quickly as possible. For most women, family comes first, not career. They try to devote maximum time to raising their child, and also not to shift additional responsibilities onto the shoulders of their spouse or other relatives who could look after the child while the mother is at work.

Decree Up to 4 5 Years Law Came into Force 2021

Surely there will be employees at the enterprise who apply to increase parental leave to 4.5 years. The opportunity to maintain a job while raising a child on your own is very tempting. Let's figure out what amendments were made by the legislator. Is it possible to take parental leave for a child up to 4.5 years old?

If a woman wishes to leave maternity leave early or to work part-time or at home, she must notify the management of the enterprise in advance. In most cases, a new employee is temporarily hired to take the place of a maternity leaver. To make room for a woman returning from maternity leave, it is necessary to warn this employee in advance and legally formalize his dismissal or transfer to another position or to another department.

We recommend reading: How Much Time Does Snils Take When Changing Your Last Name In MFC

Payments to a non-working mother

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.

In 2021, the state plans new additional payments for the adoption (birth) of the first child. This financial assistance from the state will be monthly until the baby reaches 1.5 years old.

Of course, the number of families applying for payments for a child under 7 years of age will be significantly less than the number receiving assistance for children under 3 years of age. This type of benefit is aimed at helping the poorest categories of Russians.

Every month, parents receive subsidies for their third and subsequent children from the federal and regional budgets. The size of the subsidy is equal to the child's subsistence level in the region. The number of regions participating in the program is growing every year. In 2021 there were 62.

For two

On June 19, 2021, Prime Minister Dmitry Medvedev once again made such an initiative. He clarified that the Russian government is ready to increase state aid, but this requires the support of the president, as well as the appropriate legislative framework. In July of this year, the State Duma considered the bill on payments to families with children under 3 years of age starting from 2021 in the third reading and adopted it. In August, the law was signed by Vladimir Putin.

The package of documents is changing, if the legislation officially stipulates a three-year period for child care and pays 50 rubles per month, then in this case you need good reasons to retain your job and experience.

A woman must come to the HR department (secretary, manager) at her place of work in advance and write a free-form application. It is similar to a document drawn up for a vacation period of 1.5 to 3 years, the only thing is that it indicates a request to extend unpaid leave (maternity leave) to care for a child to 4.5 years.

When the need arises

An additional 1.5 years means child care without subsidies, although 50 rubles of allowance from the state for the period from 1.5 to 3 years of age cannot be called generous either. However, this period will be counted towards the insurance period and will provide an opportunity to increase pension payments in the future.

Mothers fired during pregnancy due to the liquidation of the enterprise, as well as fathers and guardians, other relatives not subject to social insurance - 1,500 rubles. for one child, for the second and further – 3,000 rubles;
For employed citizens – 40% of average earnings. The minimum size is 3,277.45 rubles. for the first child, RUB 6,559.89. – for the second and subsequent children. The maximum payment amount is RUB 26,152.27.

We recommend reading: What benefits are available to the next generation of disabled people?

How long is maternity leave?

If the expectant mother is to give birth to only one child, and during childbirth doctors assume that there are no complications, then the total vacation period is 140 days, evenly distributed over the period before childbirth and the time for recuperation after it - 70 days each (before childbirth and after).
If a pregnant woman gives birth to one child, but her attending doctor suspects complications, this will increase the period of rest after childbirth. In this case, after the birth of the baby, the time for rest and recuperation will be 86 days.
If the expectant mother plans to have more than one child, this also increases both parts of sick leave. In this case, it will be 84 days before birth and as many as 110 days after.
If, before the moment of birth, the mother was not aware of the number of children (about a multiple pregnancy), then the first part of the rest lasts 70 days, as in a singleton pregnancy, and the second part will be increased and amount to 124 days.
If labor begins prematurely (terms that are considered premature must always be clarified by law), then the woman has the right to be provided with 156 days of rest after the birth of the child.

If a woman was looking forward to her vacation, then she should not delay visiting the doctor and filing a sick leave, since the employer can prepare an order for granting vacation within 10 days after submitting the application and the necessary documents.

The law increasing parental leave to 4.5 years has entered into force

This applies to mothers who decide to give birth to three children in a row. For each child, one and a half years of insurance leave. That is, you can give birth every year and a half and sit quietly for 4.5 years without losing your seniority and pension accrual.

The only thing is that previously the 1.5 year period when the mother was on leave to care for her third child was not counted as part of her work experience. That is, a mother, giving birth to 3 and the next children, lost experience. And now only mothers giving birth to 4 and subsequent children will lose their seniority. The first three maternity leaves (up to 1.5 years!) will be included in the length of service.

How to apply for parental leave?

Parental leave is a period that begins to be calculated immediately after the end of sick leave for pregnancy and childbirth, if the woman submits an application in a timely manner.
In addition to mothers, other close relatives who are subject to compulsory social insurance have the right to care for a child under 3 years of age:

Father;
Grandparents;
Other relatives.

This innovation appeared several years ago, but has already gained wide popularity.

The legislation does not limit the circle of relatives who can look after the child while the mother is working, but it is important to follow one rule: only one person can take leave. If the father is doing this, the mother will need a certificate stating that she did not take out a similar leave

How it all looks step by step:

Submit the application and documents to the employer.
Wait for the order to assign leave.

After this, all data will be entered into your personal card and benefits will be calculated. It is paid by the employer, but the expenses incurred are reimbursed through the Social Insurance Fund.

If you work two part-time jobs at the same time, only one employer will pay the benefit. The second person will need a certificate of non-receipt of payments.

Who else is entitled to benefits?

In addition to those officially employed, women who were dismissed due to the liquidation of an enterprise during pregnancy or maternity leave can also receive payments. If care is provided by relatives - during the period of leave to look after the child.

Guarantees during maternity leave

Unlike other workers, who must negotiate their leave with each other and their employers, pregnant women are not required to negotiate in order to take maternity leave. The same applies to parental leave. It is guaranteed until the child reaches 1.5 or 3 years old - it all depends on the wishes of the caregiver: whether he wants to extend it or not.

Another guarantee is the retention of the position of the employee caring for the child. During vacation, another person takes his place and performs similar functions, but at the end of the “vacation” the place is returned to the vacationer.

In addition to vacation, caregivers are provided with benefits. They are paid until the children reach 1.5 years of age from the employer’s funds, but he reimburses the costs through the Social Insurance Fund. When a child turns 1.5 years old, until the age of 3 the mother receives only 50 rubles for him. monthly.

Payments for child care up to 1.5 years

The amount of the monthly allowance for caregivers is established by Art. 15 Federal Law dated May 19, 1995 No. 81-FZ:

Mothers fired during pregnancy due to the liquidation of the enterprise, as well as fathers and guardians, other relatives not subject to social insurance - 1,500 rubles. for one child, for the second and further – 3,000 rubles;
For employed citizens – 40% of average earnings. The minimum size is 3,277.45 rubles. for the first child, RUB 6,559.89. – for the second and subsequent children. The maximum payment amount is RUB 26,152.27.

How to calculate benefits?

To calculate payments, you just need to take a few steps:

Determine the average earnings for the last 2 years prior to going on maternity leave. The maximum value for calculation is RUB 815,000.
Divide the resulting amount by the number of calendar days in the specified period.
Multiply the result by 30.4, then by 40%.

Example No. 1: calculation of child care benefits up to 1.5 years.

The woman was about to go on leave to care for her daughter and wrote a corresponding statement. The accountant determined that over the last 2 years she earned 1.5 million rubles, but there is a maximum value that will be used in the calculation - 815,000 rubles.

Number of calendar days – 730.

How everything is calculated:

815,000/730 = 1,116.44 rubles. – average daily earnings.

1,116.44 x 30.4 = 33,939.77 rubles. – average monthly earnings.

33,939.77 x 40% = 13,575.91 rub. – the amount of the monthly benefit for the period of maternity leave until the child reaches 1.5 years of age.

Maternity leave 2021

One of the happiest moments for any woman is, of course, the birth of a baby, and the most important, happiest minutes of life are associated with this event. But, you see, the birth of a child entails a large number of expenses and expenses, so government support at this moment and period of life will be more useful than ever. Maternity leave in 2021 implies some changes related to the payment of cash benefits, which we will now talk about.

child's birth certificate;
application for payment of financial assistance;
a document stating that the baby’s father did not apply for a similar benefit in his name;
the unemployed will have to bring a copy of their work book, passport and insurance policy to the social authority;
Adoptive parents can receive the same payment, but only in the amount of 15,512 thousand rubles and 65 kopecks.

When was the law on maternity leave adopted until age 45?

Since July 2021, 13 more regions have switched to direct payment of benefits; in total, 33 regions are now participating in the FSS pilot project, and a full transition to the new system is planned before the end of 2021 (Government Decree No. 1427 dated December 22, 2020).

To take care of a disabled child, the Code provides for the opportunity for a mother or father, upon written application, to receive 4 additional days off from work per month. Payment for such days is calculated based on average earnings.

Maternity leave in 2021 - is there a new law, what payments are due?

All messages about the new law, thanks to which the rules of maternity leave will supposedly change in 2021, have one main common feature - they do not contain any reference to the document itself. Simply because it does not exist in nature. There are no direct links to regulatory portals, nor the number and date of adoption of the document.

The standard duration of maternity leave is 140 days. They are divided equally: 70 days before birth and 70 days after the birth of the baby. In some cases, the duration of maternity leave can be increased to 156 days (if the birth was complicated) and even up to 194 days (if twins or triplets are expected).

Procedure for registration of maternity leave up to 4, 5 years

The application is written addressed to the head of the organization, it indicates all the details of the child (full name, date of birth). The application is accompanied by a copy of the birth certificate and a certificate from the work of the second parent stating that he did not apply for such leave. Based on the application, an order is created indicating the start and end dates of the vacation. The order must be endorsed by the manager. The woman must be personally acquainted with the order so that she knows exactly the end date of maternity leave.

We recommend reading: Photos of Children Who Can Be Taken into Care and Where

In essence, maternity leave of up to 4.5 years provides the parent only with the preservation of work and insurance experience, which is subsequently taken into account when generating an old-age pension. Parental leave can be carried out in several stages:

New amounts of child benefits in 2021

Maternity pay is based on average earnings for a certain number of days. For normal childbirth, 140 days of vacation are paid. Average earnings are calculated based on salaries for the last two years. At the same time, there is a minimum and maximum amount of maternity leave. The minimum depends on the minimum wage, and the maximum depends on the limit for calculating insurance premiums. The payment limit is determined on the day when maternity leave begins.

We recommend reading: Tax When Buying a Car

What limits are we talking about and how do they affect payments?

If you go on maternity leave in 2021, the maximum payment for a normal birth will be 322,192 rubles. And the maximum amount of care allowance is RUB 27,985 per month. Even the benefit amounts for 2021 are known. Here's what affects the size of payments and what restrictions will apply to those who plan to have children.

As for the application for payment in the amount of 50 rubles, many refuse it due to the insignificance of the amount. However, the employer is obliged to pay this money for 1.5 years, so you still have to write a statement.

Bill No. 648289-6 described in the article is still under consideration. The State Duma Committee on Family, Women and Children proposed once again correcting some points. Changes that occur are periodically reported on the official website of the State Duma.

Parental leave for children up to 3 years old in 2021

A visit to the pediatrician - he gives referrals to other specialists.
A visit to all the doctors to whom the pediatrician will refer your child and who specialize in the disease detected in the child (their conclusions must certainly be reflected in the child’s medical outpatient record).
Taking urine, stool and blood tests. Recording the results in a medical document.
Visiting an immunologist, receiving recommendations from him regarding the baby’s daily routine, nutrition, sleep, etc.
Passing an examination by a medical advisory commission, issuing a final conclusion.

When applying for child benefit for the first child in the family, an application is submitted to the local social protection authorities. If we are talking about submitting an application for registration of payments for a second child, then the parents are required to submit it to the Pension Fund branch. It is worth noting that when applying for child care benefits for a child under 3 years of age, the employment of parents is not a determining criterion.

The increased benefit amount will be paid exclusively for the first and second child in the family. Large families raising 3 or more children are not eligible to receive these payments. This is due to the fact that large families receive monthly financial assistance as part of state support for large families in the form of subsidies for the third and subsequent children. The size of payments depends on the cost of living in a particular region of the country.

Revision of deadlines

Today, many parents refuse to issue child care payments for children under 3 years of age, since their amount is only 50 rubles. This value was introduced as a temporary measure by the Government of the Russian Federation in 1994. Over the course of 25 years, there has been a lot of talk that the amount of child benefit payments should be reviewed and indexed without fail, but the matter did not go further than talk.

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.

Maternity leave up to 4 years

Currently, Russian women are on maternity leave for 1.5 or 3 years, this time is included in the mother’s work experience. However, at the end of 2013, the State Duma decided to give a gift to compatriots and decided to increase maternity leave from January 1, 2014 (which is what the common people call parental leave) from 3 to 4.5 years.

For example, a child was born on August 18, 2015. Then the end date of the vacation is 02/18/2020. The employee starts work on February 19, 2020. Most often, the same statement includes a request to pay the employee the child care allowance he is entitled to; Application.

Basic Concepts

As a standard, a pregnant employee is given no more than 30 weeks of leave to prepare for childbirth. And only if she lives in hazardous environmental zones, is expecting twins, or is at risk of complications, can a woman count on extending her vacation for a period of 14 to 49 days.

Payments

Every officially employed woman has the right to receive a monthly income at her own fixed daily rate when going on maternity leave. The state supplements the employee’s budget with social benefits only in two situations:

The benefit is issued only for 2 children, provided that the children were born later than January 1, 2021;
Payments are due to families whose total income does not exceed the subsistence level in the region;
The benefit is assigned upon the application of the woman who gave birth or adopted a baby;
The applicant must have Russian citizenship.

Name of the enterprise, full name manager;
Full name, department, position of the employee extending the vacation;
Information about the need to extend leave until the child reaches three years of age;
The date from which leave must be granted. The countdown begins from the day following the end date of sick leave for childbirth;
List of attached documents.

Making an order

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.

Laws of the Russian Federation 2020-2020

According to changes in Russian legislation, starting from 2021, the amount of payments to women on maternity leave has increased. The amount corresponding to the maximum reaches 62 thousand rubles, and this is 4 thousand more compared to last year. Conscientious women who register with a doctor in the early stages of fetal development, up to 12 weeks, receive payments in the amount of 613 rubles as an incentive . To register them, you need to apply to local social protection, and you must have a certificate from the consultation for women. In general, in the case of normal fetal development and childbirth without complications, the woman spends 140 days on vacation, and the amount of payments corresponds to 34,520 rubles.

Recently, the leadership of our country has been paying great attention to the existing problem related to demography. The manifestation of such care directly depends on the quality of life of pregnant women and their financial security during this difficult period before childbirth and after the birth of the baby. In 2021, the government decided to make some adjustments to the maternity leave system; today we will discuss what the new law includes and what payments women are now entitled to.

Nuances of the procedure

Every employee has the right to receive extraordinary unpaid leave if difficult circumstances arise in his family or life or there are other valid reasons. The duration of the period can be up to 12 months with the right to extension. When an employee is on legal leave, dismissal is prohibited. The following rules apply to pregnant and postpartum women.

From 1.5 years

The current provisions of the Labor Code of Russia (Article No. 260) indicate that a woman’s right to take out annual leave can be taken immediately upon reaching 1.5 years of age as a child.

Up to 3 years

To extend maternity leave for up to 3 years, the employee must contact the employer with an application. In this case, there is no need to provide additional documents or evidence of valid reasons. The right to look after a child until he reaches 3 years of age and receive benefits is established in the current laws of the Russian Federation.

Nuances of the procedure:

Contact the HR department or your immediate supervisor before the end of the first period of maternity leave.
Draw up a free-form application addressed to the director of the organization about the need to increase the duration of time off and indicate the period.
Submit an application to receive monthly benefits of 50 rubles. Of course, the mother may not have a need for benefits of this size, but the employer does not have the right to withhold them.

There is an alternative - before leaving for the first maternity leave, it is allowed to draw up an application for time off until the child reaches three years of age. In this case, it is enough to make a request once and go to work after the specified period.

In such a situation, it is possible to increase the amount of the benefit due to its even distribution over the specified period.

Up to 4.5 years

To extend maternity leave to 4.5 years, according to new amendments to the law, the mother will have to go through a similar procedure as when the baby reaches the age of 3 years. Accordingly, in order to save her job, the employee must come to the employer and submit a request.

The only thing that has changed is the set of documents. So, you need to supplement the list for the employer with a certificate justifying the duration of the leave. Such a document can be a medical report on the woman’s condition or a VKK conclusion on the health of the child.

Up to 6 years

When extending maternity leave to 7 years, you must be guided by the provisions of the Labor Code of Russia.
According to the law, parents have the right to look after their child without going to work and maintaining a place until the child is 6 years old. However, there must be good reasons for this. It is noteworthy that the length of service and salary are subject to preservation. In this case, there are two options for increasing the duration of time off:

Agree with management. In such a situation, the period and conditions for the employee to be on legal “rest” can be negotiated by the parties. There is only an amendment to the legislation indicating the need to provide evidence of valid reasons. It is noteworthy that this method is rarely used, since the employer needs to pay benefits from his own profits and retain wages (in full or in part).
Availability of documents indicating the validity of the request to increase the length of the period. But in such a situation, 6 years is the maximum limit upon reaching which the employer has the right to fire a person.

A valid reason for increasing the period is a medical certificate from an accredited clinic. The document must confirm the unsatisfactory state of health of the minor. In addition, the certificate must contain information about the impossibility of attending kindergarten.

Read also: Convention on the Rights of the Child in Russia

How to extend maternity leave and is it possible to do this?

At the end of maternity time, a woman has the right to apply to her place of official employment for annual paid leave if she did not use this opportunity while she was pregnant.

hello, my child will soon turn 3 years old, but due to intolerance to vaccinations and DPT and weak immunity, I would not like to send him to kindergarten and extend maternity leave to 4.5 years, is this possible while keeping my job?

07 Jun 2021 etolaw 2479

Share this post

Armed Forces Veteran Certificate Photo
Additional payment to pension for spouses who have been married for 40 years
Military Personnel Have a Disabled Child Rights
Characteristics of a Child in the Guardianship Authorities Sample from Kindergarten

How to obtain a VVK certificate to extend vacation?

If an employee has good reasons for increasing the duration of “rest,” then the manager does not have the right to create obstacles or refuse.
Likewise, the director does not have the authority to dismiss an employee while he is not performing his official functions. Good reasons for increasing the rest period may include:

the woman’s unsatisfactory state of health is confirmed by a doctor’s certificate;
a chronic illness in the newborn or a weak immune system.

In such a situation, it is clear that the mother’s constant presence with the newborn is a necessity, and going to a kindergarten is inappropriate. However, a standard medical record or doctor's note is not enough. The employee must apply for a medical commission's opinion. It is noteworthy that not only the mother, but also other relatives of the family can apply for an additional maternity leave.

Contents of the certificate from the VKK:

establishes the chronic course of the disease;
the child has allergies;
Due to a weak immune system, the baby is susceptible to frequent illnesses.

At least one confirmed reason is a legal basis for extending maternity leave.

You can obtain a VKK certificate at the following institutions:

district children's clinic;
commercial clinic with accreditation.

Procedure for visiting doctors:

Pediatrician - to obtain referrals to other medical specialists.
Visiting doctors as prescribed, as well as visiting doctors specializing in the child’s illness. The conclusion from each doctor is reflected in the medical record.
It is necessary to submit urine, blood, and feces for analysis. The results obtained are also recorded in the outpatient card.
Make an appointment with an immunologist and get recommendations on your child’s daily schedule, nutrition and rest.
Examination and consultation with a medical commission - VKK, as well as receiving from them a final medical opinion in the form of a certificate.

Read also: Autobiography for guardianship