Is it necessary to indicate maternity leave in a resume + Examples of how to write about maternity leave in an application form

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Many mothers on maternity leave are concerned about how to convince an employer to hire them if they have small children and dispel their own professional uncertainty. Let's figure out how to get a job after maternity leave, and whether it is necessary to indicate it on your resume.

Women often have to choose between motherhood and a career; babies need maternal care and begin to get sick immediately after registering for kindergarten. Therefore, most employers are reluctant to give a vacant position to a woman on maternity leave, fearing frequent sick leave and a long involvement in the work process.

So what exactly do employers not want to face?

  1. For a manager, a young mother with a child is associated with a source of instability. She reports that the child is sick and the corporation is left without an employee who drops out of the work process. At such moments, you can do your work remotely, but not everyone has this opportunity.
  2. Employers also fear that during the vacation, a competent employee loses his qualifications, misses important information and innovations that took place in the office work of the enterprise.
  3. The boss assumes that the woman will have to take time off from work early to pick up the children from kindergarten. Or, on the contrary, she will be systematically late for the due date, distracted by caring for the children.

If you indicate vacation in the application form, you must prove in your resume and cover letter that you are fully prepared to work effectively. And the child will be able to be supervised in emergency situations or in case of illness, if you need to be present at work.

A survey was conducted among employers on how long they are willing to wait for employees on maternity leave. If they are waiting for you in the same place, then there will be no problems with employment. But when you have to be in limbo and look for a new job to get the coveted “Yes,” you need to have the right resume.

Maternity leave

The relationship between an employer and a pregnant employee is regulated by the Labor Code, which contains separate chapters devoted to such interaction. Compliance with the rules prescribed in the Labor Code is mandatory for the boss and his employee in the position.

Employment for a pregnant woman is very convenient financially, since the expectant mother has the right to receive payments that will significantly improve her financial condition. So, girls in this position are entitled to the following:

  • Payment for registration within up to 12 weeks. This is a kind of encouragement from the state for the girl’s consciousness.
  • An amount called maternity leave. Its size is set by the enterprise itself, but here the legislator has introduced a mandatory condition: the amount of funds must be at least 43,657 rubles.

This money is credited to the employee by the accounting department of the organization in which she works, and then the transferred funds are returned to the company’s account by the Social Insurance Fund.

Often, unscrupulous employers try with all their might to expel a pregnant woman from the organization. At the moment, the Labor Code of the Russian Federation provides for only two cases, in the event of which a girl in this position can be fired:

  1. If an organization ceases its activities, it is liquidated.
  2. Dismissal only at the request of the pregnant woman herself.

In other cases, dismissing a pregnant woman means incurring the labor commission and the wrath of the court.

Not only mothers, but also fathers can go on maternity leave (to care for a baby). Dad's going on maternity leave is possible if mom, after giving birth, 2.5 months later, feels great and is ready to rush back into the labor battle.

To enjoy the joys of fatherhood, dad also needs to write an application for maternity leave at work and give it to the personnel officer. The boss may not always meet you halfway. For example, the military is unlikely to appreciate such a father’s impulse.

Advice! In addition to dad, other close people can also take on pleasant chores. Grandparents have the right to apply at work for leave to care for a grandchild. The list of relatives who can officially be at home with the baby instead of the mother is open.

Nuances of registering a vacation in BiR

Before writing an application for maternity leave, you need to figure out how long it lasts, what it is like and find out other details. Rest is provided to the expectant mother at 28 weeks, which is approximately the end of the 6th - beginning of the 7th month. The date of care is set by the obstetrician-gynecologist with whom the pregnant woman is registered.

There are two types of maternity days off:

  • prenatal;
  • postpartum.

The duration of the vacation is as follows:

  1. If the pregnancy proceeds without complications and the birth went well, then the number of days is 140 - 70 before birth and the same number after.
  2. Provided that the birth was difficult, time is provided to return to normal, lasting 156 days.
  3. If an expectant mother lives in an area that is recognized as contaminated with chemical or radioactive waste, then she has the right to stay at home with her baby for 160 days.
  4. If a happy mother is expecting not one, but two or more babies at once, then her vacation will be longer - 84 days before the important event and 110 after.

After this time, you do not have to go to work. The stay at home can be extended for three years. Only this period will be called parental leave.

In order for the boss to release a pregnant woman, she must provide the following documents:

  • Application for leave.
  • Sick leave, which indicates the start date of the vacation. It is issued by the doctor who supervises the pregnant girl.

Based on these two papers, the expectant mother can calmly leave her workplace and wait for the moment when she needs to give birth.

In order to receive benefits for a newborn baby for one and a half years, the mother must provide a certificate from the father’s place of work that this money is not accrued to him.

General rules for calculating maternity benefits

Maternity benefits are paid on the basis of a certificate of incapacity for work (sick leave), which is provided before the expiration of six months from the date of termination of this sick leave (Part 1, Article 12, Part 5, Article 13 of Law No. 255-FZ[1]).
This sheet is issued in the manner approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n. The amount of the benefit is determined based on the average daily earnings for the billing period.

As a general rule, the calculation period is two calendar years (that is, from January 1 to December 31 inclusive) preceding the year of maternity leave (Part 1, Article 14 of Law No. 255-FZ).

The average earnings, on the basis of which maternity benefits are calculated, include all types of payments and other remuneration in favor of the insured person, for which, in accordance with Law No. 212-FZ[2], insurance contributions to the Social Insurance Fund are calculated (Part 2 of Article 12 of the Law No. 255‑FZ). In other words, the amount of salary and other payments made in favor of the employee in the billing period directly affects the amount of the benefit. At the same time, the amount of payments taken into account when calculating benefits for each year of the billing period cannot exceed the maximum base for calculating contributions to the Social Insurance Fund in the corresponding year (Part 3.2 of Article 14 of Law No. 255-FZ).

Limit base for calculating contributions to the Social Insurance Fund

YearLimit base, rub.
2015670 000
2014624 000
2013568 000
2012512 000
2011463 000
2010 and earlier415 000

By virtue of Part 3 of Art. 14 of Law No. 255-FZ, the average daily earnings for calculating maternity benefits are determined by dividing the amount of accrued earnings for the billing period by 730:

Average daily earnings = Payments taken into account when calculating benefits / 730.

Thus, the maximum average daily earnings for calculating maternity benefits in 2015 will be 1,632.88 rubles.
((624,000 + 568,000) rub. / 730 days). In 2014 and 2013, the average daily earnings were 1,479.45 and 1,335.62 rubles, respectively. note

Remuneration for labor in the regions of the Far North and equivalent areas is carried out using regional coefficients and percentage increases in wages (Article 135 of the Labor Code of the Russian Federation).

Part 1.1 of Art. 14 of Law No. 255-FZ establishes that if the insured person had no earnings during the billing period, then the average earnings, on the basis of which benefits are calculated, are taken equal to the minimum wage established by federal law on the day the insured event occurred[3]. The same procedure applies if the average earnings calculated for these periods, calculated for a full calendar month, are below the minimum wage.

If maternity benefits are calculated on the basis of Part 1.1 of Art. 14 of Law No. 255-FZ (that is, based on the minimum wage, and not the average daily earnings), then in areas and localities in which “northern” wage coefficients are applied, the amount of maternity benefits is determined based on the minimum wage increased by district coefficient (see Resolution of the AS UO dated March 11, 2015 No. F09-299/15 in case No. A50-13767/2014[4]).

Statement

There is no exact time when you need to write an application for maternity leave. It is advisable to submit your resignation letter two weeks before this event; you can write it earlier. This is at the discretion of the girl herself, but there is no need to go to extremes - you should not write an application in January if maternity leave is in May.

It is important to know! Pregnant women have one very pleasant privilege regarding rest - the expectant mother can move her regular work leave closer to maternity leave and, thus, leave two or even four weeks earlier. Moreover, in this case, the order of vacations does not affect the pregnant woman in any way; she will be out of turn.

There are a lot of application writing templates, but most often organizations already have ready-made templates. .

A standard request looks like this.

If the organization has a letterhead, then a request for long days off is drawn up on it. After this application is submitted and considered, the personnel department prepares an order according to which the employee is released from work duties.

The legislator allows for an extension of leave by writing another petition (request for parental leave for up to one and a half years). If desired, it can be added until the baby turns three years old.

In many organizations, when an employee goes on maternity leave, her remote access and work email are blocked, preventing her from reading letters or somehow touching on the work process.

Causes

In some cases, employees have the right to choose a period of vacation regardless of the schedule at any time, or subject to restrictions established by law.

The reasons for rescheduling application leave may vary. Let's look at them in order.

For women in connection with pregnancy and child care

The right to special rest in this regard is provided for in Article 255. TK. At the same time, the legislator additionally protects a woman’s rights to regular leave and establishes the possibility of postponing it, but not arbitrarily, but for the period:

  • before maternity leave.
  • after him.
  • after maternity leave.

work experience with the employer does not matter and the employer has no right to refuse . The transfer is carried out by order by writing an application for extension of maternity leave (a sample document is below).

For example, an employee decided to exercise her right after returning from maternity leave. An application for extension of maternity leave (sample) may take the following form : “In connection with the end of maternity leave, granted on the basis of order number t-of the t-date, I ask you to grant annual leave on grounds 255- th st. TK from t-to t-date.”

Caring for a disabled child

This guarantee is provided for in Article 262.1. In this case, there are no restrictions: leave for the caregiver is granted at any time at his request. This may be a parent (including an adopted one), a guardian or trustee, a man or a woman.

The law indicates that “only one” of the educators has this right. In this case , the employer has the right to demand confirmation of all the circumstances of receiving the benefit:

  1. Child's disability (certificate in the form approved by Order 1031 of the Ministry of Health and Social Development of 2010).
  2. The fact that the child is not in a specialized children's institution , issued by social protection authorities.
  3. The fact that the other parent (custodian, guardian) does not use leave (issued by the employer of the other guardian, parent or trustee) to care for a disabled child.

The desire to postpone leave on this basis can be expressed through an application to extend parental leave to 3 years (sample).

For example, like this: “A disabled child in my care needs to undergo t-medical procedures from t-to t-date.

In connection with this need and on the grounds of Art. 262.1. TK, I ask you to reschedule the annual leave scheduled from t-to-t-to the period from t-to-t-t. Documents confirming all the stated circumstances are attached.”

All necessary certificates according to the list in originals or copies are added to the application for extension of parental leave up to 3 years (sample can be downloaded above)

The employer cannot refuse , since Article 262.1. speaks of “convenient time,” and it is determined by diagnosis and medical indications . It is problematic to plan the course of a disabled child’s illness when drawing up a vacation schedule.

An order is issued, signed by the manager, to postpone the vacation from the dates specified in the schedule to the required period. The statement from the t-date is indicated as its basis.

To the husband, due to his wife being on maternity leave

Special basis for transfer provided for in Art. 123. TK. The employer does not have the right to refuse, but may require the attachment of a certificate for the extension of maternity leave (sample application) from the wife.

Such cases are also not easy to plan for when drawing up vacation schedules. Leave, regardless of priority, is granted by order based on the employee’s application, which, for example, has the following form:

“Due to my wife being on maternity (or maternity) leave, I ask, in accordance with Article 123. TK, transfer my annual vacation planned in the vacation schedule from t-to-t-to the period from t-to-t-t. A certificate confirming that the wife is on vacation is attached.”

It is addressed to the manager , the full name and position of the employee are indicated, his handwritten signature is placed and a certificate specified in the application issued by the employer of the applicant’s wife is attached. The worker cannot be refused ; a corresponding order is issued.

Due to temporary disability

As for the extension, it occurs automatically in case of illness. The basis is a certificate of incapacity for work, issued in accordance with the general procedure (24th paragraph 21286 of the order of the Ministry of Health and Social Development).

Vacation is not extended for weekends and holidays (120th Article of the Labor Code).

Do I need to write an application to extend leave due to sick leave? Where can I get a sample?

Yes, the transfer or extension occurs after an application for transfer of leave in connection with the employee’s sick leave is drawn up and a certificate of incapacity for work is attached and on the basis of an order. This is a mandatory case, the employer cannot refuse (Article 124)

A sample application for postponing leave due to sick leave may look like this:

  • addressed to the employer;
  • the full name and position of the employee are indicated;
  • the content of the application for postponing leave due to sick leave includes the employee’s request;
  • For example, “Due to illness during vacation from t-to-t-th, I ask you to transfer unused days (number) to t-period of t-year.”

  • date, handwritten signature of the worker.

Here you can download a sample application for transferring leave due to sick leave, as well as an order.

The document is supplemented with the certificate specified in the application - a certificate of temporary incapacity for work or a copy thereof.

If an application to extend leave due to sick leave is written (a sample can be downloaded above) and the authenticity of the attached document is provided, the employer issues an order to transfer or extend it with reference to the application.

In other, optional by law, for family reasons, personal and industrial cases, issues are resolved by agreement of the parties and are formalized by statements and orders.

Application for payment

Every mother is concerned about the question: how much money is she entitled to while on maternity leave (and whether she will receive anything at all). Currently, the following types of payments exist:

  1. By birth. This one-time benefit is in the amount of 16,759 rubles.
  2. Monthly payments. Their volume depends on the salary of the mother who gave birth. But this amount cannot be less than three thousand.
  3. Incentive payments from the organization. This is not available at all enterprises and is done solely at the request of management. But it’s always nice to receive 5-10 thousand from a company for the birth of a baby.

After a year and a half, mom will receive only 50 rubles a month. In order for all this money to be transferred to the account of a pregnant woman or someone who has already given birth, the following is necessary:

  • application for payment;
  • a document confirming the fact of the birth of the baby (issued by the registry office and in form A5);
  • a certificate from my dad’s place of work confirming that he doesn’t receive that kind of money.

Benefits are calculated based on these three documents.

Application for replacement of the billing period

Such a petition must be submitted if this is not the first time the mother has gone on maternity leave. The essence of this document is to ask the accounting department to select those billing periods when the mother received a full salary, and not child care assistance, then payments for the second baby will be significantly higher.

Here is an example of such a statement.

After this, the manager is obliged to recalculate the repayable amount and pay everything on time. Such a request is very relevant in the case when it is the second or third pregnancy.

Going on maternity leave: right or obligation

Of course, no one has the right to force a pregnant woman to pack her things and go on a wonderful journey called “motherhood.” This cannot be said to be her responsibility.

If a woman feels good and is not overloaded, then let her work for her health. The main thing is that she still gives birth in a hospital. But in fact, for the employer, such reluctance of the employee can be fraught with unpleasant consequences in the form of a labor inspection.

Advice! Just in case, in order to protect himself, it is better for the boss to take a receipt from the pregnant woman stating that she herself will voluntarily refuse to go on her allotted maternity leave. This will allow the employer to correctly and competently justify his decision to leave a pregnant workaholic in place.

Deadlines for filing a maternity leave

The law does not establish exact deadlines for submitting an application to the employer. In practice, an antenatal clinic or other medical institution where a woman is registered for her pregnancy issues the necessary documents to the pregnant woman 70 days before the planned birth (or 84 for a multiple pregnancy).

How to calculate the date of maternity leave?

The documents issued include a sick leave certificate for the BiR and a certificate about the timing of registration (for receiving early benefits).

The woman attaches a personal statement to these papers and hands over all documents to the person in charge at her place of work.

An employee can go on vacation from the date indicated on the certificate of incapacity for work. The employer will apply for the benefit independently - 10 days are allotted for this. Payment is made on the day of calculation of wages immediately for the entire period of maternity leave.

You can go on maternity leave later; in this case, the application must also be submitted later. At the same time, you need to remember that the end date of maternity leave does not change; the maternity leave ends exactly on the day indicated on the certificate of incapacity for work.

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