"Maternity leave" or " maternity leave» officially consists of maternity leave and parental leave. Each type of leave has its own design and features of payment of benefits. How to correctly draw up an application for the provision of these vacations and payments, what to pay attention to when submitting it, what documents to attach in order to receive payments and go on the required vacation with a light soul and a heavy pocket? Let's start as always - with the files:

FILES

Maternity leave is voluntary

Going on vacation, or formally on sick leave, 2.5 months before giving birth is the right, not the obligation, of a pregnant employee. The employer cannot force her to go on vacation if she does not want it, even despite her interesting position. The situation is exactly the same with maternity leave - a woman cannot be forced to take it or, conversely, insist on going to work early.

The voluntariness of these social guarantees for women requires confirmation in the form of a documentary statement. To begin the procedure and calculate the due payments, the employer needs a basis - a statement from the employee.

What if you don’t write a statement?

The consequences of neglecting the documentary side for a woman will be rather financial. After all, without an official basis, the employer will not be able to start the vacation process and assign benefits. Moreover, without registration of maternity leave (sick leave), the employee will continue to be paid wages, and this excludes the possibility of accruing other payments.

If a pregnant woman has not written a statement and is absent from work, by law she cannot be fired for absenteeism: a medically confirmed pregnancy is automatically considered a valid reason for absence from work.

Statement standard

The form of application acts is not regulated by regulatory documents. A request for maternity leave is the same application as any other, so it is written according to the scheme that is accepted in the organization where the woman works.

The structure of the application is standard:

• the upper right corner of the sheet (the so-called “header”) - indication of the addressee of the application: position, full name of the manager in the dative case and name of the organization;
• continuation of the “header” - information about the author: position and full name of the applicant;
• the title of the document, in this case, “statement”, is not enclosed in quotation marks, but is located in the middle;
• main text: can be arbitrary, the main thing is that it contains key positions - a request for leave, its terms, a request for benefits;
• attachments: you need to list the documents that the employee provides along with the application (this is sick leave and, if available, a certificate from the antenatal clinic about registration before 12 weeks);
• filing date – placed in the lower right corner;
• The applicant's signature must be handwritten.

Despite the fact that this document is very simple, it is better to comply with the requirements established by the company and not forget about some important points related to the specifics of the application requirements.

1. Do not write “maternity leave” or “maternity leave” in the text of the application: despite the fact that this definition has taken root, it is colloquial and is not mentioned in the legislation. Consume correct name type of leave: “maternity”, “child care”.
2. The duration of the leave must correspond to that indicated in the attached sick leave certificate, and its details (series and number) must also be written in the text of the application.
3. It is recommended to immediately add a request for the assignment of payments due by law to the vacation application. If this is not done, benefits will have to be submitted in a separate application with an additional package of necessary documents.
4. The document can be handwritten, printed on a computer, or a completed form; it is important that the applicant’s signature is handwritten.

What and why needs to be attached to the application

To the application for taking leave for pregnancy and upcoming childbirth Mandatory attachment: a medical document confirming the right to temporary disability. Sick leave is issued at the antenatal clinic. You will need the original, so for other needs it is advisable to make a copy for yourself in advance.

At the request of the employee, you can provide the employer with another document - a certificate from the housing complex about registration (confirmation of the fact of pregnancy).

If a woman has documented pregnancy before 12 weeks, she is entitled to additional benefits, which she also has the right to ask for in her application.

Additionally, without specifying in the application, you must provide a copy of your passport and account or card number for crediting benefits.

To the application for vacation and child care benefits You need to attach the baby’s birth certificate (copy); for verification, have the original with you when submitting. You will also need a certificate from the second parent’s work stating that such benefits are not awarded to him. The remaining documents duplicate the first statement.

Who to apply for maternity leave

Typically, such an application, like all others, is submitted to the manager, the human resources department or the accounting department. If the organization is too large, and if the employee for some reason does not trust the management, it is better to play it safe: write a statement in two copies. After filing, you need to ask an employee of the HR or accounting department to sign for receipt of the document on its copy, which is better to keep it until the required payments are calculated.

All necessary statements

We will list all the statements that will need to be written to an employee in connection with her motherhood.

1. Application for maternity leave and payment of required benefits.
2. Application for parental leave and assignment of benefits.

Possible additional documents

1. Separate applications for benefits, if the document requesting leave did not indicate payment requirements.
2. Application for re-offset of accounting years. If an employee, while on maternity leave, goes on the next one, it means that she did not work for the previous 2 years necessary for calculating benefits. It also happens that the period between two decrees is less than two years. In this case, the law allows replacing the calculation years with those preceding the first decree, when the woman had a full income. Without such a statement, the calculation method based on actual income, that is, the minimum, will be applied.

   The right to replace periods can be used even if during one or two years preceding the second maternity leave the woman was on the first maternity leave for at least a day.

24.09.2019

The Labor Code of the Russian Federation protects the rights of mothers and children. Therefore, pregnant women are entitled to maternity leave.

The employer must provide such rest at the request of the employee and in the right way formalize it in personnel documentation.

However, you should not confuse maternity leave with similar leave for child care.

Deadlines for processing maternity leave under BiR

The pregnancy period is considered temporary disability. A sick leave certificate is issued at the medical institution where the employee is registered in connection with the upcoming birth. Only if it is available and after writing an application can the employee count on maternity leave.

The time and duration of rest depends on the state of health and the course of pregnancy of the employee. Standard maternity leave involves resting 70 days before the baby is born and 70 days after (140 days in total). If the pregnancy is multiple, then the period increases to 194 days - 84 days before the date of birth and 110 after.

Complicated childbirth increases the period to 156 days, but for this you will need to write a separate application after the birth.

It is important to remember that shifting the due date does not affect the period of maternity leave. An employee receives a certificate of incapacity for work at a medical institution at the 30th week of pregnancy.

You can submit an application for maternity leave and maternity benefits any day before giving birth after receiving a sick leave certificate, as well as 6 months after.

At the end of maternity leave according to BiR, you can apply for parental leave by writing the appropriate one; to receive benefits for a child up to 1.5 years old, the application is drawn up according to.

List of required documents

The statement itself is not grounds for allowing the employee to go on vacation. It is necessary to attach to it a sick leave certificate from the antenatal clinic, as well as a certificate from your gynecologist if the woman registered before the 12th week of pregnancy.

How to write correctly?

The statement is written freely, but there are basic principles that must be taken into account when writing. In the upper right corner you should write in whose name and from whom the document is being written. Then in the center you need to write the name - “Statement”.

In the body write on what date and for what date the employee needs maternity leave for pregnancy and upcoming childbirth.

Provide the number and series of the certificate of incapacity for work as a basis. Additionally, a request for maternity benefits is indicated.

It is also necessary to remind about the payment of benefits, as registered early. The certificate number confirming this fact must also be entered as a basis.

At the very bottom is the date the document was written, as well as the signature of the expectant mother.

To ensure compliance with the legality of the entire procedure, experts advise writing two copies. The one that remains with the employee must have the signature of a personnel service employee.

Download sample

Download an example application for maternity leave for pregnancy and childbirth for 140 days -.

The procedure for paying maternity benefits under BiR

The payment of benefits during maternity leave is protected by several legislative acts, including the Federal Laws on the Protection of Maternity and the Payment of Benefits to Citizens with Children. These legal acts are aimed at protecting maternity and providing women with comfortable working and leisure conditions during pregnancy, as well as appropriate cash payments.

According to the law, benefits must be calculated within 10 days after registration of the application. The B&R payment is calculated based on the average salary for the two years preceding the year of maternity leave. You can change the years only if the previous decree falls into them, in this case it is written.

The law establishes the minimum and maximum amounts of maternity benefits.

In 2018 minimum allowance according to BiR from June 1, 2018 = 43,675.80, from May 1, 2018 = RUB 51,380. Maximum benefit from January 1, 2018 = 282,493 rubles.

Payments are made on the next payday. If an enterprise is delaying the payment of maternity benefits, you can safely go to court with a statement of claim.

Conclusions

As soon as a woman received a certificate of incapacity for work in the 7th month of pregnancy or earlier, she must immediately approach the employer and write an application for leave under the BiR.

It also needs to remind you of the payment of all payments due to the expectant mother. To confirm the rights to leave and pay, medical documents and certificates of early registration in a gynecological consultation are provided.

In law to the expectant mother ten days later or on the next salary, all funds will be paid in cash or by transfer to a bank card, the details of which must also be indicated.

A pregnant employee applying for maternity benefits must provide the employer with a written justification for its accrual. One of the required documents is the employee’s application, drawn up in free form and including a request for leave and the accrual of social benefits according to the BIR. In this article we will tell you about an application for maternity leave and provide a sample form.

How long is maternity leave?

The length of the vacation period is influenced by the number of children expected by the woman, as well as the course of the birth process.

Condition	Duration, cal days
Singleton pregnancy (general case)	140 (70 prenatal days, 70 postpartum)
Multiple pregnancy, if this is established during pregnancy	194 (84 prenatal, 110 postpartum)
Multiple pregnancy, if this is established during childbirth	194 (70 prenatal, 124 postpartum)
Difficult labor in singleton pregnancy	156 (70 prenatal, 84 postpartum)
Childbirth ahead of schedule during the period from 22 to 30 weeks	156
Place of residence (or work) is in an area contaminated by accidents at the Chernobyl nuclear power plant and Mayak PA	160 (90 prenatal, 70 postpartum)

Necessary documents for vacation registration

Registration of maternity leave is carried out at the place of official employment.

To do this, the employer is provided with a set of documents, including:

1. A free sample application is the main document containing the employee’s request to issue maternity leave and assign social benefits;
2. A certificate of incapacity for work received by a woman at a medical institution where she is registered for pregnancy - this document specifies the start and end date of the vacation period in the special subsection “exemption from work.”

The employer needs to make sure that the sick leave is filled out correctly and check that the doctor has specified the details correctly. This sheet is intended for presentation to the Social Insurance Fund, which will reimburse the employer’s expenses for paying maternity benefits, and therefore the sheet must comply with the rules for preparing such documentation.

If errors are identified in specifying the details, the doctor did not fill out the required lines, or the information is not readable, then it is necessary to request a duplicate. A pregnant employee should contact a doctor for a duplicate.

Step-by-step registration of maternity leave

The procedure looks like this:

• Step 1 – the pregnant woman submits her application and sick leave received in consultation to the employer;
• Step 2 – the employer evaluates the correctness of the contents of the sheet and checks the application to ensure the presence of the necessary details;
• Step 3 - the personnel service generates an order T-6 indicating the number of vacation days provided, as well as the start and end dates of the vacation period. The period is taken from the woman’s statement, and you need to make sure that it matches that given on the sick leave. A woman has the right to shorten her vacation and go on maternity leave on a later date or end it on an earlier date;
• Step 4 – the employee reads the contents of the order, makes sure that the data is correct and records her handwritten signature as a sign of awareness;
• Step 5 - an entry about the granting of maternity leave is made in the eighth section of the employee’s personal card;
• Step 6 - the mark “P” or “14” is placed on the time sheet for all vacation days;
• Step 7 – no later than the tenth day from the date of receipt of documents from the employee, the accountant calculates the benefits;
• Step 8 – on the next day of payment of salaries to the staff, the accrued amount is paid.

Sample application for leave

A woman can write statements in her own hand on paper, she can type the text on a computer, and then print it out. The method of registration is not important, the main thing is the presence of a personal signature on the application paper confirming the validity of the stated request.

In her application, a woman needs:

• Indicate the position of the manager, the full name to whom the request is addressed, and the name of the company;
• Give the document a title and title;
• Express a personal request for leave;
• Limit its duration;
• Provide details of papers proving the presence of the right to a maternity leave - sheet number and date;
• Certify the document with your signature;
• Set the date.

Errors in writing an application

The absence of a specific period of vacation duration in the text will be an error. An employee may, at her discretion, go on maternity leave at a later date or return to work at an earlier date, different from that indicated on the sick leave, so it is necessary to explain to the employer the desired duration of leave.

It is not allowed to shift the maternity leave in such a way that its boundary dates go beyond the scope specified in the certificate of incapacity for work.

An employee cannot move her vacation, she can only change its duration within a limited duration, according to the sick leave certificate. If a woman in her application indicates instead of the first and last day decree only the starting date and duration in calendar days, this will not be considered an error.

It would be a grave mistake if an employee submits an application without her personal signature. This detail is required. It would also be a mistake if the employee does not provide a certificate of incapacity for work; the employer has the right to refuse to issue maternity leave in the absence of a justification.

Answers to frequently asked questions

Question No. 1. Do I need to provide leave if a foreign worker applies?

If such an employee lives in the Russian Federation (on a temporary or permanent basis), then the employer who signed the contract with her must provide her with maternity leave and assign her social benefits. If an employee is temporarily staying in the Russian Federation, then leave will not be issued, since she will not be able to provide justification for its registration - a certificate of incapacity for work, which is not issued to those temporarily staying in the Russian Federation.

Question No. 2. Is the employer obligated to arrange leave for a conscript?

Maternity leave is provided regardless of the duration of the employment contract. The fact that the contract has a limited duration is not a reason for refusing to grant a decree. If the termination of the agreement occurs in the midst of pregnancy, then the company must extend the employment relationship until the pregnancy or maternity leave is resolved.

The only exception is that the contract is terminated due to the departure of a permanent employee whose duties were performed by a conscript. In such a situation, the pregnant woman needs to be offered a different job. If there is no suitable woman, or the woman refuses the offer, then the employment agreement is terminated.

Question No. 3. Is it necessary to provide leave to a woman with whom a GPC agreement has been signed?

If a pregnant woman performs work functions on the basis of a civil law agreement signed with her, then she is not granted maternity leave and benefits are also not paid. The norms of the Labor Code of the Russian Federation do not apply to civil legal relations.

Question No. 4. Can an employer call a woman on maternity leave to work early?

An early call to work from maternity leave at the request of the management of the employing company is not allowed. If the initiator is a woman on maternity leave who wishes to end her vacation and return to work, then she has the right to do this on any day of maternity leave, but she must obtain the consent of the employer. The difficulty is that the benefit is paid in full at once at the beginning of the maternity leave, then its amount is reimbursed by the Social Insurance Fund.

If a woman goes to work before the end of her maternity leave, the Social Insurance Fund has the right to refuse to pay benefits for the days of actual work, that is, the employer will receive compensation only for the days she is on maternity leave. Excess benefits paid to an employee cannot be deducted from the woman’s salary without her consent. That is, the company bears certain risks when agreeing to a maternity leaver’s early return to work.

A compromise could be a situation in which a woman voluntarily returns the overpaid part of the benefit, corresponding to the days of maternity leave actually worked, and goes back to work.

Question No. 5. Is it possible to end maternity leave early by replacing it with parental leave?

This is allowed. From the day the child is born, a woman on maternity leave can, at her request, exchange part of her maternity leave for parental leave. In this case, the maternity benefit is recalculated and then replaced with a monthly child benefit. This can be done by offsetting paid maternity benefits against monthly payments for the child. The law gives a woman the freedom to choose between the holidays available to her.

Last update 01/31/2020

Accruals and payments of maternity leave (MB&R) are regulated by Federal Law No. FZ-No. 255 of December 29, 2006. “On compulsory social insurance in case of temporary disability and in connection with maternity.”

For this period, maternity leave is issued for a duration of 140 calendar days (70 days before childbirth and 70 after). In case of complicated childbirth or the birth of 2-3 children at the same time, the duration of sick leave increases by 16 and 54 calendar days, respectively, in accordance with Article 255 Labor Code RF.

Do I need to write a statement?

The employee needs to write an appeal to management (application for maternity leave) in any form. The HR department of the company where the pregnant woman applies can develop an application form for B&R leave. In this case, fill out this form.

When to write a statement

An application for maternity leave is written on the day of receipt of sick leave, when the exact dates of departure are known.
Birth leave is usually taken at 30 weeks; if twins or more children are expected, at 28 weeks.
When the antenatal clinic issues and issues a sick leave certificate, the woman goes to work and presents it to the accounting department.

How to write correctly

The application is written addressed to the head of the company. It must specify the period for granting leave under the B&R, which is indicated on the sick leave. And all supporting documents are listed.

Start and end date of vacation according to BiR

Doctors open sick leave 10 weeks before the expected date of birth of the newborn (if one child is expected) and 12 weeks - if multiple pregnancy. Obstetricians and gynecologists use a number of methods to determine the date of birth, but none of them can determine the day of birth with 100% certainty.

A woman can go on maternity leave later if she feels well and continues to work. Then her sick leave will be paid from the date when she actually decides to go on maternity leave.

Documents for benefits

To receive maternity leave payments, you must submit to the accounting department:

• Certificate of incapacity for work from the residential complex;
• Application for leave under the BiR;
• If a woman changed jobs, then a salary certificate from her previous place of work.

Benefit amount

Women who go on maternity leave are paid a benefit in the amount of 100% of the average earnings for the last two years of work. However, it cannot be less than the minimum wage (in 2019 - 11,280 rubles). If the employee has worked for no more than 6 months, then her benefit is calculated based on the minimum wage.

The minimum maternity pay in 2019 will be:

For 140 calendar days - 51,919.00 ₽;
For 156 calendar days - 57,852.60 ₽;
For 194 calendar days - 71,944.90 ₽.

The payment is limited to the maximum amount, which in 2019 is:

For 140 calendar days - RUB 301,095.20;
For 156 calendar days - 335,506.08 ₽;
For 194 calendar days - 417,231.92 rubles.

Work experience

According to Federal law No. 400-ФЗ dated December 28, 2013 “On insurance pensions”, the period when a woman is on maternity leave for up to 1.5 years, this period is counted as work experience. She retains her place of work.

Based on the legislation regulating the labor activities of citizens, women in the last stage of pregnancy have the right to receive rest as maternity leave. In everyday life, this period is simply called maternity leave.

The law allows expectant mothers and their children to have comfortable conditions while working, without women having to worry about the risks associated with lack of means of subsistence. The state pays for maternity leave.

In the standard case of carrying a child, the duration of maternity leave will be seventy days before the expected date of birth and seventy days after the child is born. The total is 140 days. Maternity leave is allocated for the entire period at once and cannot be divided into parts. Did you carry out labor activity woman or stopped, it doesn’t matter. Wages are not paid during maternity leave, because the employee receives a corresponding benefit during this period.

Sick leave for pregnancy and childbirth

Article 255 of the Labor Code of the Russian Federation states that sick leave is the basis for issuing maternity leave during pregnancy. De facto, this is the same document about the inability to carry out work activities, like others that are issued in medical institutions when an employee is unable to work due to illness. However, what distinguishes it from other papers is the following:

• the duration of the period for which sick leave is given;
• singularity of registration (issued for the entire period and does not require phased renewal);
• a citizen has the right to extended leave.

The above-mentioned sick leave is issued to citizens in the antenatal clinic or in other medical institutions where the woman is monitored during pregnancy. The duration of the certificate of incapacity for work associated with pregnancy is:

• 140 days (70 before and 70 after the birth of the child) - standard sick leave, issued at thirty weeks of pregnancy.
• 194 days (84 before and 110 after the birth of the child) – sick leave, which is issued when there is a multiple pregnancy. This paper is given at 28 weeks of pregnancy. In the event that several fetuses become known during childbirth, standard sick leave is extended.

Pay attention! If the birth is complicated, the leave will be 156 days. In this case, standard sick leave is extended for sixteen days. If the birth occurred before thirty weeks and there was no sick leave at that time, the paper will be issued from the date of birth for 156 days.

160 days of leave are given to citizens who live in unfavorable environmental conditions (radiation). Sick leave is issued at 27 weeks of pregnancy.

Use the calculation of maternity benefit payments for 2019.

Reasons for receiving leave

In the standard case, people go on vacation at the thirtieth week of pregnancy. If the birth occurs prematurely and the woman is working, then the entire period of leave is given to her after the birth of the child.

All calculations are made in calendar days. A woman has the right not to use part of the leave that is allotted to her during pregnancy. However, it is important to know that it is not possible to increase the number of vacation days after the birth of a child.

Pay attention! Women who adopt children are entitled to receive only that part of maternity leave that is due after childbirth. If a woman adopts two or more children under three months of age, then she is entitled to 110% of the maternity leave.

Due to the days of compulsory leave, which must be given to all employees, a woman has the opportunity to increase the number of days of maternity leave. The woman will only need a written request that cannot be ignored or prohibited by the enterprise. There are several cases when leave is added to maternity leave:

• annual leave came before maternity leave;
• the woman expressed a desire to take advantage of the leave period after the end of the second part of maternity leave;
• leave that has not been used is not lost during a break to care for a child up to three years, so the woman will be able to use it after the end of the specified period.

The time a woman spent working does not matter. A citizen has the right to write an application for leave, which is given to employees every year, even if she worked at the enterprise for less than six months. In this case, the employer does not have the right to refuse leave.

If a woman does not take advantage of her annual leave, then it can be combined with maternity leave - for this you just need to write an application. The procedure for adding vacations is decided by the citizen herself: you can take one vacation before birth and a second one after; You can also take advantage of two vacations at once in the first or second part of maternity leave. Statistics show that most women prefer to take leave before giving birth - for later pregnancy, it will be difficult for an employee to get to the place of work, and it also takes time to create everything necessary conditions for the child at home.

Pay attention! There are no rules according to which planned and maternity leave must be combined in dates. The employee has the right to take one regular leave (pregnancy gives the right to this) after working for a couple of days, after which the thirtieth week will come, and as a result the woman will go on maternity leave.

At the same time, it is strictly prohibited to impose two different periods of work breaks. Not only the one-time registration of vacations, but also their partial contact will be a violation.

In most cases, you cannot ask for a refund for a break that was not taken. However, if a citizen quits her job of her own free will, then she can exercise this right.

Application procedure

There are no regulations that regulate the form of applications. An application for maternity leave is a standard document and is drawn up in the form accepted at the enterprise where the woman works.

The structure of the statement is as follows:

• in the upper right corner the addressee of the application is indicated: the name of the position, the full name of the employer in the dative case and the name of the company;
• then information about the applicant is indicated: full name and job title;
• Next, the name of the document is indicated - in this case it will be a “statement”, but without quotation marks. It is written in the middle and with a small letter;
• Next comes the text of the application - it can be arbitrary, but it must contain the main points - the requirement to issue leave, the deadlines and requests for the issuance of benefits;
• Next comes the application, where you need to indicate all the documents provided (sick leave, certificates from the antenatal clinic, if available);
• The filing date is indicated at the bottom right;
• The signature must be affixed by the applicant personally.

Nuances related to design

Although this document seems simple, it is still worth adhering to the framework that is established at the enterprise where women work and follow all the requirements.

First of all, the application does not need to indicate such concepts as “maternity leave” or “maternity leave”: these concepts have long been entrenched in our speech, but they are not specified in the laws. It would be correct to indicate the type of leave: “maternity leave”, “child care leave”.

Pay attention! Vacation dates must be similar to those indicated on the sick leave. You also need to indicate the document details (series, number).

It is also worthwhile to indicate in the application a request for the issuance of all payments that are required by law. Otherwise, you will need to arrange everything separately and collect all the papers.

The application can be submitted in writing, printed using an electronic device, or filled out a form. The signature must be handwritten.

Attachments to the application

It is also mandatory to provide attachments to the application for maternity leave:

• a document issued by a medical institution that confirms temporary inability to carry out work activities;
• sick leave, which can be obtained at the antenatal clinic (original document).

Also, as an addition, you can provide a certificate from the housing committee stating that the woman has registered (to confirm the fact of pregnancy).

Pay attention! If a woman has confirmed that she is pregnant before 12 weeks, she can receive additional benefits. This should also be indicated in the application.

It is also worth providing a copy of your passport and account or bank card number so that you can deposit funds.

A copy of the child’s birth certificate must be attached to the application for leave and child care, and the original must also be provided. You will also need to provide a certificate from the second parent’s workplace to ensure that he does not receive benefits.

You will need to make a copy of the sick leave, since citizens attach the original document to the application. Also, if a citizen works at a large enterprise or she does not have confidence in her superiors, then she needs to make two copies of the application. Accounting or HR employees will sign for receipt of one copy. All documents must be retained until funds are received.

When to apply

After providing the required package of documents, you can begin to apply for maternity leave and benefits. You can submit documents before going on vacation (about fourteen days in advance). However, documents from the housing complex must be transferred no more than six months from the date of the end of the maternity leave.

Pay attention! If there are good reasons, this period can be extended.

The entire list of reasons is available in the order of the Ministry of Health of the Russian Federation dated January 31, 2007 No. 74:

• emergency circumstances that are unpreventable (natural disasters, fires, etc.);
• prolonged temporary inability to carry out work activities (more than six months);
• relocation to another locality, change of place of stay;
• involuntary absenteeism due to dismissal on illegal grounds or removal from office;
• deterioration in health or death of a relative.

Application procedure

A citizen can provide all the papers:

• personally or through a representative;
• via mail;
• in electronic form (in this case, documents will be certified with an electronic signature).

Is maternity leave included in the length of service?

This vacation is considered work experience, and the place of work and position remain with the citizen.

What happens if you don't apply?

If a citizen does not write a statement, then the management will have no reason to give the employee leave. As a result, benefits may not be paid.

If you do not take leave, the salary will be paid as before, therefore, there will be no rights to pay benefits.

Pay attention! If a citizen did not write an application and is not at work, then she cannot be fired, since pregnancy is a valid reason.

However, it is still worth writing the application in the proper order.

All necessary statements

Let's consider what statements an employee will need to write related to motherhood:

• application for accounting, issuance of benefits;
• application for parental leave and payment of benefits.

Papers you may need

Other documents may also be needed. Let's list them.

Additional applications for benefits, if the citizen did not indicate a request for leave and payments in the first application.

Application for recalculation of the billing period. If a worker, being on maternity leave, goes on maternity leave, then she did not work for the previous two years, which are needed to calculate benefits. It also happens that the period between decrees is less than two years. Under such circumstances, the law allows changing the years of calculation that went before the first leave under the B&R, when the employee received income in full.

Pay attention! If this statement is missing, then calculation based on actual income will be applied, i.e. along the bottom bar.

This right can be exercised even if the employee spent at least a day on the first one or two years before the second maternity leave.

Registration of maternity leave step by step

The entire registration procedure in stages.

Stage	Actions
First stage	A pregnant employee sends a statement to her superiors. A sick note, which was received at the antenatal clinic, is attached to it.
Second stage	The employer reviews the accuracy of the contents of the sick leave certificate and checks the application for the presence of the necessary information.
Third stage	The HR department creates an order T-6, which indicates the number of days of vacation along with the start and end dates of this period. The period is taken from the citizen’s application. You will need to make sure that the period corresponds to what is indicated on the sick leave. The employee has the right to change the vacation - reduce it and go earlier or go on it later.
Fourth stage	The employee carefully reads the order, makes sure that all the data is correct, and signs the document.
Fifth stage	In the employee’s personal file, section No. 8, information is entered that maternity leave has been granted.
Sixth stage	The timesheet for the vacation period is marked “P” or “14”.
Seventh stage	No later than the 10th day from the moment the employee receives the papers, the accounting department calculates the benefits.
Eighth stage	On the next payday, the employee is paid the amount that was accrued.

Sample application

The application can be written by hand or on a computer and then printed. The method of registration itself is not so important, the main thing is that there is a signature of the employee.

Application for changing years for calculating benefits

It is also worth considering an application for replacing years for calculating benefits, since not everyone is aware of this method.

As stated above, the B&R benefit is calculated on the basis of income received in the two years before going on maternity leave. There are situations when an employee is preparing to become a mother again while on maternity leave. Or the differences between pregnancies are small, and after the first vacation the woman has little time left - the employee is preparing to go on maternity leave again.

It is clear that in the above situations, income for the required period will be low or it will be completely absent. The law provides for such moments, and it will be possible to replace the period for calculating benefits. It follows from this that if an employee who is going on maternity leave was on maternity leave or maternity leave during any of the two years required for calculating benefits, or both, then this period can be replaced by another when the employee received income to the fullest. This replacement case will only be approved if the employee requests it individually.

Pay attention! The writing application is similar to the application for maternity leave. The form is arbitrary. The text of the document itself should be a standard request to replace one or two years with others for calculation. This application is submitted to superiors along with the application for maternity leave and sick leave.

It is worth knowing about the following nuances:

• the right to change periods is exercised only at the request of an employee who is about to go on maternity leave. If this statement is not available, then the calculation is made based on current income;
• the rule for replacing years will apply even if the employee was on maternity leave or vacation for one day.

Exit from maternity leave

According to the law, leaving maternity leave earlier is not prohibited, but this is not noted in the legislation. This was written in a letter from the Federal Service for Labor and Employment dated May 24, 2013. Returning from maternity leave earlier than an employee's due date is associated with increased risks for management to receive claims from the Social Insurance Fund. There may be cases when there is an agreement between the employee and the boss, but leaving the maternity leave earlier is not recommended.

After the maternity leave is over, the employee does not have to provide additional documents - she simply goes back to carry out her work activities.

Pay attention! If a woman wants to take maternity leave when she is already three years old, she will need to write an application providing a copy of the child’s birth certificate.

Procedure for restoring lost orders

The management is responsible for storing all documents. If documents have been lost, the employer must find out the reasons and restore everything:

• record the fact that there is no document;
• form a commission to identify the causes;
• after the work of the commission, take the necessary measures;
• if there are culprits, take action against them;
• if possible, restore the documents.

Answers to popular questions

Question 1. Is leave granted if the application is written by a foreign citizen?

If an employee lives in the Russian Federation (temporarily or permanently), then the organization with which the contract is concluded must give maternity leave and pay benefits. If the employee is temporarily staying in the Russian Federation, then maternity leave is not issued.

Question 2. Should the employer issue leave?"conscript»?

The decree is issued regardless of the duration of the employment contract. If the contract is limited to any period, then this will not be a basis for not issuing maternity leave. If the period ends when the employee is pregnant, then the organization is obliged to extend it until the pregnancy ends.

An exception would be if the contract was terminated due to the departure of a permanent employee whose duties were performed by a conscript. In this case, the employee must be given another job, and if there is none, then the contract is subject to termination.

Question 3. If there is a GPC agreement, should leave be issued?

No, vacations and benefits will not be issued, since the norms of the Labor Code this moment don't work.

Question4. Is it possible to change maternity leave ahead of schedule?

This is possible. Maternity benefits will be recalculated and child benefits will be issued every month.

Question 5. Can an employer call from maternity leave ahead of schedule?

No, these actions are not allowed on the part of the employer.

In order to go on maternity leave and still receive benefits, a woman must write an application. She also has the right to change years to receive a larger amount, and an application is also made for this. Without this, these actions will not be carried out.

Video - About maternity leave