Normative base
Decision of the Supreme Court of the Russian Federation dated November 14, 2012 N AKPI12-1204 “On refusal to satisfy the application for recognition as partially invalid clause 46 of the Procedure for issuing certificates of incapacity for work, approved.
Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n" Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n "On approval of the Procedure for issuing certificates of incapacity for work"
Order of the Ministry of Culture of Russia dated August 25, 2010 N 558 “On approval of the List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods”
Letter of Rostrud dated May 24, 2013 N 1755-TZ
In accordance with the provisions of Article 255 of the Labor Code of the Russian Federation, the duration of maternity leave is 140 calendar days: 70 prenatal and 70 postnatal (normal) - with payment of state social insurance benefits in the amount established by federal laws.
IMPORTANT!
In practice, there are cases when women do not want to register maternity leave until the last minute for various reasons, including due to the extension of the postpartum rest period.
According to the Decision of the Supreme Court of the Russian Federation dated November 14, 2012 No. AKPI12-1204, the arguments that if a woman carries out work after the 30th week of pregnancy, she does not have the right to apply for leave lasting 140 calendar days, in fact boils down to a requirement to extend postpartum part of the rest, which contradicts Article 255 of the Labor Code of the Russian Federation.
Thus, if a woman decided to work until the last minute and actually received a certificate of incapacity for work in the maternity hospital, then she should be prepared for the fact that the maternity leave will not be 140, but 70 calendar (postpartum) days with the corresponding payment of state social insurance benefits.
Making an order for payment of maternity benefits
An order for the payment of benefits, unlike an order for an employee to go on vacation, is issued in any form . There is no specific form here, and the sequence of actions is identical to those described earlier. The algorithm is as follows:
- After the employee has submitted all the necessary documents to the human resources department, specialists issue both an order for leave and an order for the payment of benefits.
- The information is transferred to the accounting department, where the monthly allowance and one-time compensation for going on vacation are calculated - the material side of the issue is determined.
- After the order is signed by the expectant mother and the manager, it is sent to the accounting department to credit the woman with funds.
In practice, the preparation of both orders occurs in parallel, because these components are inseparable - going on vacation and calculating compensation. If the employer delays and the funds do not appear in the account, you should contact your manager and clarify the information.
What is needed to apply for maternity leave?
The law establishes that women, upon their application and on the basis of a certificate of incapacity for work, are granted maternity leave, which is issued by order of the employer on the unified form No. T-6, with which the woman must be familiarized with her signature.
In order to issue an order for 140 days of maternity leave, a woman must receive a certificate of incapacity for work, which is issued by a doctor (in the absence of a doctor, a paramedic) at the 30th week of pregnancy (in the case of a multiple pregnancy at the 28th week). Without a certificate of incapacity for work, the employer does not have the right to issue this type of leave.
On the sick leave, the doctor indicates the duration of calendar days of incapacity for work: from 140 calendar days for a singleton pregnancy to 194 days for a multiple pregnancy (for more details, see paragraphs 46-51 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health of Russia dated June 29, 2011 No. 624n).
From the moment of receiving a certificate of incapacity for work, the employee has the right to write an application for maternity leave, the main provisions of which are set out in Article 255 of the Labor Code of the Russian Federation. The order for maternity leave (sample 2021) is presented below.
Sample application for maternity leave
Unified form T-6
This type of document refers to orders for personnel and is subject to storage for 75 years (clause 6 of the List of standard management documents..., approved by Order of the Ministry of Culture of the Russian Federation dated August 28, 2010 No. 558.
Sample order for granting maternity leave
If maternity leave starts later
Example 1. Krylova was provided with a certificate of incapacity for work for the period from May 20 to October 6, 2021, that is, the standard duration of leave is 140 days. Krylova wants to go on maternity leave later for her own reasons and writes an application for leave from June 1.
https://www.youtube.com/watch?v=qEY41MJIkGQ
When issuing an order, the employer must indicate the period for granting leave from June 1 to October 6 and the total duration of 128 days. That is, the vacation cannot end later than October 6, so the duration is reduced to 128 days.
Return from maternity leave
Early exit from maternity leave, on the one hand, is not prohibited by labor legislation, but on the other hand, it is not provided for. This position is set out in Letter of the Federal Service for Labor and Employment dated May 24, 2013 No. 1755-TZ. If a woman leaves maternity leave early, the employer runs the risk of receiving justified claims from the Social Insurance Fund. Options are possible with the conclusion of civil contracts between the employee and the employer to perform certain work, but officially going to work earlier than the deadline established by the order is not recommended.
If a woman plans to work at the end of her maternity leave, she simply goes to work without providing any documents or statements.
If an employee plans to take parental leave when the child reaches three years of age, the woman will have to write a corresponding application and provide a copy of the child’s birth certificate.
Sample application for child care
Whatever decision a woman makes, in accordance with Article 256 of the Labor Code of the Russian Federation, she retains her place of work for the entire period of maternity leave, as well as for the period of caring for a child until he reaches the age of three. In addition, in accordance with the same norm, she has the right to go to work early without waiting for the end of her maternity leave.
Sample application for early leave from parental leave
Sample order for early termination of parental leave
How to write an application
Now you know how to apply for maternity leave. But how to write a statement correctly? Usually, the personnel department already has a so-called blank in which you need to enter personal data: full name, date of release. But if this is not the case, a pregnancy and childbirth application form, a sample of which looks like this, will help you.
As you can see, it also indicates what documents you have attached to this paper.
Procedure for restoring lost orders
The manager or his authorized person is responsible for organizing the storage of all documents in the organization. In case of loss or destruction of documents, the employer must find out the reasons why the loss occurred and eliminate them:
- record the fact of the absence of a document;
- create a commission to find out the reasons for what happened;
- based on the results of the commission’s work, take measures to prevent this from happening in the future;
- if necessary, take disciplinary measures against those responsible;
- if possible, restore lost documents using existing document logs, as well as by sending appropriate requests to the archive, Pension Fund, tax service, etc.
In any case, when a loss is discovered, the most energetic actions should be taken to avoid misunderstandings with both employees and regulatory authorities.
How long to store
The administrative document is an order for personnel; accordingly, its storage period is 75 years.
About the author of the article
Ivanova Natalya
HR specialist, lawyer
In 1996, she graduated from the State Pedagogical Institute with a degree in teaching English and Russian languages. In 2003, she graduated from the Moscow Academy of Law and Management with a degree in law. In 2007 she graduated from RANEPA with a degree in management
Other articles by the author on gosuchetnik.ru
The article was prepared using materials from ConsultantPlus. Get access The article was prepared using materials from ConsultantPlus. Get access
Rules for early exit from parental leave may change
The Ministry of Labor has developed amendments to the Labor Code of the Russian Federation, which will oblige persons on parental leave to inform about their intention to return to work early at least 5 working days in advance. At the same time, employers will have an obligation to warn an employee who is replacing a temporarily absent main employee that the fixed-term employment contract with him will be terminated. The notice period is no later than 3 working days before dismissal.
Changes are planned to be made to Art. 79 of the Labor Code of the Russian Federation and Art. 256 Labor Code of the Russian Federation. If the amendments are approved, the employer will have the opportunity to timely prepare personnel documentation and resolve the issue with the employee replacing the temporarily absent main employee. And there will be no more difficulties with replacing employees, and most importantly, all parties will be happy, the developers believe.
conclusions
An order is a mandatory document that serves as the basis for an employee’s leave of absence due to her pregnancy.
The document can be drawn up in free form or using the standard T-6 form.
The deadline for registration is immediately before the employee leaves. The employer will be able to calculate and pay benefits later. Unlike vacation pay with annual paid leave, in this case there is no obligation to pay 3 days before leaving.
The article describes typical situations. To solve your problem , write to our consultant or call for free:
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