Is it possible to work officially on maternity leave: nuances and principles


Where to find a part-time job, is it possible to combine maternity leave and a part-time position, and how to manage everything. A parent who goes on maternity leave receives a monthly benefit - 40% of the average salary for the last two years. There are also maternity benefits - maternity benefits. This is a one-time payment that is given to a woman when she goes on maternity leave.

There is also other help from the state, but often it is not enough: there is one more person in the family, and less money. Because of this, some people give up maternity leave and go to work, leaving the baby with grandparents, but not everyone has this opportunity. Here's how you can earn extra money while on maternity leave without harming your family and child.

Is it possible to work officially while on maternity leave?

We advocate exclusively for official employment and white wages.
It doesn't matter whether you're on maternity leave or not. Therefore, we will talk about how to do everything according to the law. By the way, there is no concept of “maternity leave” in the law. It is usually understood as the totality of:

  • maternity leave;
  • care leave following the birth of a child for up to 1.5 years;
  • further leave until the child’s 3rd birthday.

And each of these stages has its own nuances and restrictions on work. Let's see which ones.

Is it possible to work while on maternity leave?

A woman receives maternity leave on the basis of sick leave. It is also the basis for paying her the appropriate allowance.

Sick leave is issued at 30 weeks for a singleton pregnancy and at 28 weeks for a multiple pregnancy.

For more details, see the article “When to give sick leave for pregnancy and childbirth” .

If you need to fill out a sick leave for a maternity leave, we recommend using the sample from ConsultantPlus. Get trial access to the system for free and proceed to the material.

But the expectant mother is not obliged to leave work on the first day of leave under the BiR. She can continue to work as much as she sees fit. And he will receive a salary for it. But she is not entitled to maternity benefits during her work (see FSS information letter dated October 8, 2004 No. 02-10/11-6671).

See: “Procedure for payment of maternity benefits in 2021” .

As soon as maternity leave is issued, the employee must go on vacation. She will no longer be able to work until the end of this vacation, even on a part-time basis.

A selection of forms from ConsultantPlus will help you correctly fill out all the documents related to an employee going on maternity leave. You can view and download samples by getting free trial access to the system.

Working during pregnancy

Pregnancy is an exciting period for every woman. During this period, you need to treat yourself very carefully and avoid overwork and stress. A pregnant woman can work if it does not harm her health and the health of the child. After all, there are working conditions where a person experiences increased stress. For example, working at night or overtime. Therefore, the law protects pregnant women from such activities.

Thus, in accordance with Article 259 of the Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (hereinafter referred to as the Labor Code of the Russian Federation), it is prohibited to engage pregnant women in the following work:

  • overtime;
  • on weekends and non-working holidays;
  • going on business trips;
  • on night shifts.

If a pregnant woman feels very tired, then she should write an application for another paid leave.

In accordance with Article 260 of the Labor Code of the Russian Federation, a pregnant employee has the right to take the next paid leave at her request: it can be taken before or after maternity leave.

When working, you need to pay attention to a number of factors that can have a negative impact on the course of pregnancy:

  • serious physical activity;
  • strong vibration;
  • more than three hours on your feet;
  • conveyor production;
  • prolonged monotony of movements;
  • excessive noise;
  • use of toxic or chemical agents;
  • abnormal air humidity.

The presence of the above factors can negatively affect the health of the mother and child. If they occur at work, then you should contact management with a request to transfer to another workplace or reduce the working day.

Thus, according to Article 264 of the Labor Code of the Russian Federation, on the basis of a medical report or a personal statement of a pregnant woman, production or service standards are reduced for her. And if there are unfavorable working conditions, she has the right to transfer to another workplace while maintaining the average earnings at the previous job.

Until the employer provides a new workplace that excludes exposure to harmful factors, the woman must be released from her previous job while maintaining her average monthly earnings.

According to the same norm, the employer is obliged to release a pregnant employee to undergo mandatory medical examinations, and the working time missed for this reason is paid.

The basis for maternity leave is the application of the pregnant employee and a certificate of incapacity for work from a medical institution. In accordance with Article 255 of the Labor Code of the Russian Federation, the duration of this leave in the general case (if the pregnancy is small and the birth was without complications) is one hundred and forty days (seventy days before childbirth and seventy after childbirth) with the payment of the corresponding benefit.

Is it possible to work on parental leave for up to 1.5 years?

The Labor Code states that while on maternity leave, you can work part-time, and you can also work remotely (see Part 2 of Article 93, Part 3 of Article 256 of the Labor Code of the Russian Federation). At the same time, the right to receive child benefits remains.

ATTENTION! We are talking about the baby’s mother, but father, grandmother, grandfather, and other relatives may be on vacation on the same basis.

See what documents are needed to apply for child benefits .

How many hours can you work on maternity leave?

The work schedule during maternity leave is established by mutual agreement of the employee and the employer. For part-time, it can be a half-day or a half-week, or a combination of both. But if the working day is irregular - only a partial week with a full working day (Article 101 of the Labor Code of the Russian Federation). When working from home, the work schedule can be any, including reduced working hours.

Since a working mother will receive both a salary and a benefit, and the benefit is paid by the Social Insurance Fund, abuse must be avoided. Shortening the working day should objectively free up time for the baby. If it is 15–30 minutes a day or even an hour, social insurance may deny benefits.

Beware, scammers!

Unfortunately, not everyone is used to earning honestly. Having chosen to earn money for mothers on maternity leave using the Internet, it is very

There is a high chance of falling for scammers. Be extremely careful to prevent this from happening:

  • Do not be fooled by offers to earn money quickly and a lot, especially if you first need to pay or buy something;
  • Do not give your bank card details to anyone. If you are selling something, the client only needs your card number, last name and initials to pay for the purchase;
  • Never send your documents or their copies to anyone.

There are also some jobs on the Internet that, at first glance, may seem attractive, but in reality you won’t be able to earn much there. We recommend that you ignore the following vacancies:

  • network marketing;
  • financial pyramids;
  • earnings from clicks;
  • writing comments for money;
  • manual surfing (clicks on advertisements, clicks on links).

Working on the Internet is no less responsible than offline, remember this.

The nuances of working on parental leave for children under 3 years old

In general, the rules for working on parental leave for a child up to 3 years, including documentation, coincide with the above rules for leave up to 1.5 years. The key difference is that when the child reaches the age of 1.5 years, the mother’s right to receive child benefits ceases. This means that the employer and employee no longer face accusations of insufficient (formal) reduction of working hours and there is no risk of refusal to pay social insurance benefits.

What payments are available for children under 3 years of age? For children born before December 31, 2019, until they reach 3 years of age, compensation in the amount of 50 rubles is paid. per month. But some parents are entitled to a larger amount.

Read more about payments for children in our section on child benefits.

Is it possible to leave earlier?

A woman can start working earlier than the deadline reflected in the papers drawn up at the start of maternity leave.
You will need to fill out an application. A female representative needs to visit the company where she is employed and warn management that she will be going back to work earlier than planned. During the visit, the mother agrees with the employer on the approximate date when she will return to her duties. The paper is written to someone who performs leadership functions in the enterprise. The document reflects the day on which the employee begins to perform her duties. This act is considered the basis for issuing an order on early termination of leave. When the Order or instruction is endorsed by management, the woman can begin to work. You should wait for the day reflected in the application.

How much do they pay when working on maternity leave?

It all depends on the employee’s remuneration system. If it is time-based, payment should be proportional to the time worked. Piece workers are paid for the volume completed (Part 3 of Article 93 of the Labor Code of the Russian Federation).

Work at home is paid as usual if it is full time. If incomplete, only for the time worked.

Whether it is possible to deny an employee maternity leave while working part-time or at home, find out from the Ready-made solution from ConsultantPlus. Trial access to the system is provided free of charge.

How to arrange an early return to work

Sometimes there is a need to enter production immediately after the birth of a child. This is explained by various circumstances, but the mother is given the opportunity to determine the time she spends at home and the working day when returning to work early.

Reasons for entering production

Not the least role in considering the question of whether a woman can work on maternity leave is played by reasons related to the start of work before the child reaches three years of age. They can be caused by the initiative of the employee or the requirement of the employer.

  1. At the request of the employee. If financial difficulties arise, you can return to work, completely abandoning the free time provided for caring for the baby, or using it partially. The mother will have to decide who to leave the child with - hire a nanny, ask relatives for help, or enroll the baby in a nursery. But if this problem is solved, you can return to work by notifying management with a corresponding statement;
  2. At the request of the employer. If production needs force an employer to recall a woman to work ahead of schedule, this is possible only with the consent of the employee. The employer does not have the right to unilaterally remove an employee from production, and is also obliged to maintain the position and workplace of the employee while he is on maternity leave. The dismissal of such an employee can only be due to a reduction or reorganization of the structure of the enterprise and must be formalized upon exit.

Procedure for returning to work

If the woman returns within the prescribed period, there is no need to complete additional documents.
The opposite situation occurs if the return to work occurs before the deadline. The employee must agree on these points two weeks before going to production. This is due to the fact that the employer must formalize the termination of the contract with a temporary employee hired for the period of maternity leave of the main employee.

Notification is made by a corresponding statement drawn up in any form.

In this case, an order is issued for the enterprise, which sets out the following points:

  • early termination of vacation;
  • from what date does a woman return to work?
  • cancellation of child benefit payments from the moment of return to work (subject to full-time employment).

The above statement is attached to the order. The employee must be familiarized with this order against signature.

Sample application:

Required documents

In addition to the noted application, it is necessary to submit a certificate of incapacity for work. In some cases, you may be required to provide the baby's birth certificate. No other papers are required in this situation.

Features of working conditions during premature exit

In case of early departure, until the child is three years old, the employee has the right to demand the establishment of reduced working hours or a part-time work week. Also, in addition to the technological or lunch breaks provided for in the schedule, the woman must be given additional free time during the working day to feed the baby every three hours. Attention! Payment rates remain the same as previously established. If while on maternity leave there was an increase in official salaries, this also applies to this employee.

Is it possible to work part-time while on maternity leave or under a GPC contract?

It is possible to work part-time while on maternity leave. The same procedure applies here as at the main place, and the same restriction: you cannot work while on maternity leave, and after it ends - completely.

As for work under the GPC agreement, there are no obstacles at all. The conclusion of such contracts (contracts, provision of services) is regulated not by the Labor Code, but by the Civil Code. And it consolidates the free expression of the parties. In addition, the GPA does not give the employee any rights in terms of benefits and social guarantees related to children. This means that the employer will not have any trouble with regulatory authorities.

The nuances of home employment


Young helper... or saboteur? That's right, mom's joy!

A few recommendations for mothers who decide to earn money while on maternity leave:

  1. Because you are tired of constantly working with your child, you need to choose a job that will not only generate income, but also lift your spirits and add positive energy to your life. Choose from what you like (knitting, sewing, cooking) or what you would like to learn.
  2. Start working only when you are full of energy and feel good, otherwise your activity will not bring any benefit.
  3. Agree with your loved ones or friends that they will at least sometimes help you with your child.

Advice for working mothers on maternity leave who live in the family:


Child playing with grandmother

  1. In order not to take time off from work to clean up the toys that are constantly lying around the house, agree with your husband about cleaning up your things. If a child is older than 5-6 years old, it is also quite fashionable to entrust him with this “honorable mission” in a playful way.
  2. Household members can also sometimes do the cooking for dinner. Believe me, they are able to water flowers, prepare sandwiches and other small things. Distribute responsibilities and do not forget to praise family members for the work done.
  3. If you have such an opportunity, contact your grandparents for help. At least they are quite capable of going for a walk with the child.
  4. Live according to plan. Schedule what needs to be done during the day and monitor how this schedule is carried out. The plan should include not only work moments, but also time for a walk, play, and communication with family. Don’t forget about yourself, your beloved – plan time for your personal affairs. Your husband, by the way, also requires love and attention!
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