In the Labor legislation, the concepts devoted to the process of a woman leaving on maternity leave are spelled out in separate paragraphs (Articles 255, 256). No less relevant for employees on "children's" leave are issues related to the exit from it. However, this procedure is not regulated at the legislative level. But very often, newly-made mothers have to start work duties ahead of schedule. Let's take a closer look at how to exit from maternity leave.

Basic concepts

Under the concept of "decree" lies two completely different vacation periods (Articles 255, 256 of the Labor Code of the Russian Federation):

1. Maternity leave.
2. Leave intended for the care of a child.

The second type of rest is purely voluntary. As a rule, early exit from it is associated with the material capabilities of the employee. After all, maternity leave involves the period from the moment of birth until the child reaches three years of age. The allowance is paid only for the first 1.5 years. In addition, its amount does not exceed 40 percent of the earnings of the “maternity leave”. That is why young mothers leave their child in the care of non-working relatives and leave the decree ahead of schedule.

Legislation

We note right away that any member of the family can take the exemption for child care, while the mother of the crumbs will work at the enterprise (Article 256 of the Labor Code of the Russian Federation). An employee-maternity leave may ignore such a leave altogether or interrupt it at any time. In this case, the employer is obliged to provide the young mother with a legal workplace. In addition, after 3 years, the employee must return to work duties on time, otherwise she will have to quit. As noted earlier, the procedure for exiting the maternity period is not directly specified by law. Nevertheless, such "movements" within the walls of the organization must be documented.

Leave procedure

Having decided to return to work prematurely, follow a simple algorithm of actions:

1. Go to your employer's office and inform them of your upcoming return to work.
2. Write an appropriate application addressed to the director.
3. Expect the drawing up and approval of the management of the order to withdraw from the decree.
4. If you leave the vacation on time, you do not need to draw up an application.

Documentation

Asking to write an application for exit from maternity leave, the head does not infringe labor rights co-workers. Although this requirement is not provided for by law, nor is it mentioned in it about the mandatory warning periods when returning to work. On the other hand, it is this document that will become the reason for notifying an employee temporarily working in the place of a “maternity leave”. When drawing up an application, follow the generally accepted document flow rules:

1. Make a hat at the top right. Write in it:
   • Full name of the head of the enterprise;
   • personal information about the applicant and his position.
2. The main text of the application must contain the following mandatory information:
   • vacation date;
   • clarification on the timeliness of the release;
   • information about the mode of work (full / part-time).
3. Date and sign.

Based on the above document, the personnel department of the enterprise issues a mandatory order. You can start work only after the approval of the head of such an order. Its text depends on temporary factors (timely exit from the decree or early).

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Part time

The legislator provided for a young mother a part-time regime. Be sure to indicate this desire in the application. Under these conditions, you will retain the right to further receive social benefits (Article 13 of the Federal Law No. 81).

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Exit from the decree is formalized by filing an application only in case of premature return to the workplace. Otherwise, the legislation does not provide for special actions on the part of the “decree”.

A young mother (dad, grandmother, grandfather, etc.) has the right to interrupt parental leave and go to work at any time (part 2 of article 256 of the Labor Code of the Russian Federation). This is often what employees do. Let's figure out what documents to issue to an accountant if an employee decides to leave parental leave up to three years ahead of schedule.

From this article you will learn:

• Who can be granted maternity leave besides the mother?
• What documents to issue for early exit from the decree
• How the early release of their decree affects the payment of child care benefits

Who can take parental leave

Not only mothers can go on parental leave. And also: the child's father, grandmother, grandfather, other relative or guardian. As well as another person who is raising a child without a mother. That is, anyone who will actually take care of the baby can go on parental leave (Article 256 of the Labor Code of the Russian Federation).

Note! The possibility of granting leave to care for a child does not depend on the degree of kinship and cohabitation with the child's parents (paragraph 19 of the decision of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1).

Early exit from maternity leave: documentation

An employee can take leave to care for a child at her own request (part 1 of article 256 of the Labor Code of the Russian Federation). Or maybe not take it. To receive maternity leave, a woman needs to write a free-form application.

At the request of a young mother, maternity leave can be interrupted ahead of schedule. Moreover, this does not depend on the desire of the employer (Appeal ruling of the Samara Regional Court of July 26, 2012 in case No. 33-7005 / 2012, Appeal ruling of the Saratov Regional Court of August 15, 2013 in case No. 33-5193).

The first document that you need to ask the employee is an application for early exit from parental leave.

Application for early termination of parental leave

In the application (sample 1 below), the employee must write that she wants to interrupt the parental leave and start her work from a certain date. It is also important to indicate in what mode she plans to work: full-time or part-time. This determines his eligibility for childcare benefits.

The period during which an employee must submit an application is not established by law (Determination of the St. Petersburg City Court dated August 21, 2013 No. 33-11987 / 13). This can be any time period sufficient to prepare the workplace for the exit of the woman. Specific terms can be fixed in the local regulatory act of the company (part 2 of article 5 and part 1 of article 8 of the Labor Code of the Russian Federation).

Sample 1 Employee's application for early exit from parental leave

STATEMENT

In connection with the return to work on March 23, 2015, I ask you to interrupt the parental leave and stop paying childcare allowance up to 1.5 years and monthly compensation until the child reaches the age of three. Please consider March 20, 2015 as the last day of leave to care for a child under three years old.

03/23/2015 _____________ E.V. Ivanova

If a woman works part-time, she retains the right to receive a monthly childcare allowance (part 3 of article 256 of the Labor Code of the Russian Federation, letter of the FSS of the Russian Federation dated July 14, 2014 No. 17-03-14 / 06-7836). If the mother goes full-time, don’t accrue benefits to her anymore.

Important! During parental leave, an employee can work part-time or at home (part 3 of article 256 of the Labor Code of the Russian Federation). In this case, parental leave is not interrupted.

Order for early exit from parental leave

Based on the employee's application, issue an order (instruction) in a free form (sample 2 below).

Sample 2 Order on early exit of an employee from parental leave

On a note! When a woman (another relative or guardian) went on parental leave, you issued an order (instruction) to grant such leave. An order can be issued:

If the monthly allowance is paid for the past month

Pay monthly allowance in proportion to the number of calendar days (including non-working holidays) in the month in which the employee actually cared for the child.

If the monthly allowance is paid for the next month in advance

If you have already paid the allowance in advance, and the employee went to work early, do not withhold the monthly allowance for the days that coincided with the period of work. In this case, the right to receive monthly benefits will cease from the month following the month in which the employee entered full-time work.

When to fire a replacement worker

In case of early exit of the main employee from parental leave, the temporary employee will have to be dismissed on the grounds provided for in clause 2 of part 1 of article 77 Labor Code « due to expiration employment contract ».

Then warn the replacement employee about the expiration of the employment contract in writing at least three calendar days before the dismissal (part 1 of article 79 of the Labor Code of the Russian Federation).

Issue a notice of resignation:

Returning to work after a long break is a serious test for any person. And the difficulty here is not so much the need to get up early and drive, perhaps to the other end of the city. It is much more difficult to change the habitual way of life, remember everything you know, and even learn how to apply the acquired knowledge in practice. It is difficult for any person to go to the first job in life or start working again after a long break. What can we say about a woman after maternity leave, in which, contrary to the stereotype prevailing among men, she did not rest around the clock, but for three years in a row she worked hard for the benefit of the child and the family as a whole? It is necessary to change as quickly as possible from the three-year "diaper-cooking" mode to the "contracts-agreements" mode. And it's not as easy as it might seem at first glance!

In this regard, we offer you the rules for the psychological and professional preparation of a young mother in order to go to work.

Networking

If you decide to return to your previous job, take care of it in advance. Keep in touch with colleagues, communicate, learn last news. In short, you should not completely drop out of the life of the team.

While on maternity leave, you need to monitor the work of your company as a whole: learn about new projects, visit the site and watch updates, have information about new partners, etc. So from the very first day you will show your superiors that, despite the changed circumstances in your life, you still followed the life of the company and are aware of all the main affairs.

Before you go to work after the decree, invite your friends from work to meet in a cafe and spend an evening together. So you remind your colleagues about yourself in advance, and do not materialize like a ghost after three years of absence. And the latest gossip, which your colleagues, heated up with tea (or something stronger), will probably tell you, can give you additional bonuses when you return to work. And if you can get close to one of your colleagues, it will be much easier for you in the first working days in psychological terms.

And if, a couple of weeks before going to work after the decree, you ask for a meeting with your boss, this will be a very sure step on your part. So you will not only really get in the know, but also show yourself favorably as an enterprising, responsible and interested employee.

home preparation

At least 3-4 days before the planned return to work, prepare your child for the fact that now you will spend much less time with him. If your baby does not go to kindergarten, and one of the relatives will sit with him - leave them alone for an increasingly longer period so that the child has time to get used to the new person in his life.

If you are planning to send your child to a kindergarten, go there at least once, talk to the headmaster, teachers, go to the group so that the child sees those with whom he will now have to spend most time.

An important issue is household chores. After all, having decided to go to work after the decree, you perfectly understand that now you will have much less time for household chores. Therefore, in last days Before going to work, you need to make sure that there is always food or something in the refrigerator from which it can be prepared. You can make several dishes that are easy to prepare, and they can be prepared for future use (dumplings, dumplings). And so that at least the first 3 days you have something to eat at home, cook cutlets or fry a chicken. You just have to make a side dish for her.

Make sure that after you return to work from maternity leave, there are no mountains of ironed or unwashed linen left at home, there are necessary medicines, and all bills are paid. It is unlikely that in the first working days you will have the strength and time for this - and you can not always rely on your husband.

Confidence that all household chores are in order is very important psychologically if you decide to return to work after the decree. You will feel more confident and be able to focus on your work.

Remember all

In order to successfully return to work after the decree, refresh all the knowledge and skills that you have in your memory. It is not for nothing that the rules of psychological and professional training emphasize remembering everything that you did before going on maternity leave. In order to successfully audit everything that you know, take a sheet of paper and write on it in a column all the strong and weak sides You as a professional - in your opinion. Then remember and write down all your skills and abilities in professional and related fields.

good psychological trick is to indicate 3 time points using any available means (coins, coils, buttons, etc.). Let one dot denote you 3 years ago - when you went on maternity leave. Away from it, mark another point - you now, at this moment in time. And, finally, at a distance from the second point, mark the third - you are in 3 years. Mentally return yourself to the time before the decree - to point 1, remember that you knew how and how you felt. Now return to point 2 - the present - and compare the sensations. Then again put yourself at point 1 and mentally form a message for yourself "real". Maybe it will be words of support, maybe advice, or maybe something else. And then go back to point 2 and look back at yourself 3 years ago, realize that a lot of time has passed - and you have some experience that you can apply in your work.

And after all this, mentally transport yourself to point 3 - into the future. Draw for yourself an image of this future - who you are in 3 years, what you do, what you know how and who you are in society. Look back at your “real” self and think about what helped you achieve certain heights.

Such psychological training not only disciplines you, but also gives you self-confidence and helps you to move firmly towards new achievements.

Preparing for problems

Before you return to work after maternity leave, prepare yourself for possible problems, which you will need to solve - and, perhaps, even in the first working days. Write down on a piece of paper various difficulties that may lie in wait for you at work, and ways to solve them. Such difficulties may include:

The need to meet new employees

Lack (or weakening) of the skills necessary for work,

The need to join a new team (if you have found another job),

Change in the rhythm of life, etc.

Adaptation at work

Adaptation at work - even at the one where you worked before the decree - is a difficult process. It is not in vain that many mothers complain that they have “run wild” while sitting at home with a child - that is, they have forgotten how to communicate with people and solve some work issues. Don’t worry if something doesn’t work right away for you – adequate employees will understand and support you. Answer the questions that you are asked, support certain topics of conversation, try not to stay aloof.

But do not answer the question: “How is your baby?” start twittering something about diapers, diapers and complementary feeding routines, and show all the photos of the baby “from birth to 3 years old”. This, perhaps, will please or touch someone - but the authorities still demand from the employee not a demographic boom, but labor feats. Agree, it will be unpleasant if valiant employees will not talk about your professional merits, but about “fun notes” from the life of your child. For the same reason, don't get too excited about discussing home economics or new puff pastry recipes with co-workers.

At first, try to be more restrained until you can boast of the first successes in the professional field. Then it will be possible to remember the baby and homemade cheesecakes! Although no one forbids you to have a couple of photos of your child on your phone - in case one of the employees really wants to admire him.

Having decided to go to work after the decree, you must understand for yourself that now you are not only a mother and wife, but also a responsible worker, from whom important achievements and brilliant ideas are expected. This does not mean that you should forget about the child and household chores - of course not. Now your task is to learn how to intelligently combine all the social roles prepared for you by life. And our rules of psychological and professional preparation for going to work after the decree will help you!

In accordance with Art. 256 of the Labor Code of the Russian Federation, one of the parents of the child (father, mother or other relative), who has taken leave to care for him, can use it partially, that is, interrupt it at any time and go to work (part 2 of this article).

In order to notify the employer of the desire to return to the workplace, which remains until the child turns 3 years old (part 4 of article 256 of the Labor Code), the employee must submit an appropriate application. It indicates the date of entry to work, the planned mode.

The need to draw up an application is due to the fact that when going on leave to care for a young child, on the basis of the employee’s petition, an order was issued to grant such leave. As a rule, the maternity woman writes a request for leave until the child is 3 years old.

By accepting the application submitted by the employee for early withdrawal from the above leave, the head of the enterprise agrees with the change in the previously established conditions before the end date of the maternity leave. The basis for issuing an order is precisely the statement of the employee.

In addition to cases of exit from parental leave, there are also situations when an employee expresses a desire to terminate the leave associated with pregnancy and childbirth ahead of schedule. Such a need may arise for various reasons, for example, in the case of a stillbirth.

However, the employer may not satisfy the application for early termination of maternity leave, since Art. 255 of the Labor Code of the Russian Federation does not contain such an obligation. There can be many reasons for this, but in most cases they are all related to the need to return the allowance paid before the vacation.

Application procedure

An application for leaving work from a decree can be submitted immediately before the day of the planned start of the performance of one's official duties, but it is better to submit it in advance. Indeed, in place of the main employee who went on maternity leave, the employer can take a temporary worker. And in order to break a fixed-term contract with him and prepare the workplace for the employee to leave the decree, it usually takes some time.

The application is submitted to the head of the enterprise personally by the employee or sent by the latter by mail or courier. If the request is granted, the corresponding visa is put on the application. Further, the application with the visa of the head goes to the personnel department and to the accounting department.

Personnel officers (or other authorized specialists) prepare an order to interrupt parental leave (for pregnancy and childbirth) and submit it to the head for signature. In the case of going to work on a part-time basis or to perform home work (if the employee has not previously been a home worker), an additional agreement to the employment contract is drawn up. After all, then the terms of this agreement change for the employee (Article 72 of the Labor Code of the Russian Federation).

The accounting department recalculates the overpaid allowance when it comes to interrupting maternity leave. Changes are also being made to the conditions for paying childcare benefits, because if an employee goes full-time, then he can no longer count on receiving benefits (Article 15 of the Law “On Mandatory social insurance... "dated December 29, 2006 No. 255-FZ) and compensation payments (clause 11 of the Procedure for the appointment and payment ..., approved by government decree No. 1206 dated November 3, 1994).

Consequences of filing an application

Having filed, the employee must wait for the manager's order for permission to go to work, indicating a specific date. The employee gets acquainted with this order under the signature.

Depending on the mode of operation specified in the application, the following scenarios are possible:

1. If an employee goes full-time, then she loses the right to receive benefits and compensation. However, the other parent or a working relative may then take leave to take care of the child. The head, having received such a statement, instructs the accounting department to stop paying benefits and accrue wages.
2. In the event that a woman on maternity leave goes to work part-time, the leave is not interrupted, and the payment of benefits and compensation remains at the same level. Also, with the preservation of benefits and compensation, an employee can be transferred to work at home. In this situation, the employer must sign an additional agreement with her to the employment contract, since working conditions are changing (Article 72 of the Labor Code of the Russian Federation).

If the manager does not sign the application

If the maternity leave after the birth of the child expresses a desire to leave the maternity leave ahead of schedule, the employer may not satisfy this application. In this case, the employee who gave birth has no choice but to wait for the end of the decree.

Thus, the duration of vacation from the 30th week of pregnancy (from the moment of obtaining the right to apply for a sick leave) is 140 (194 - with multiple pregnancies) days, and it does not matter whether the employee went on vacation immediately after receiving a disability certificate, or applied for delayed holidays.

If the employer refuses to satisfy the employee’s application for early exit from parental leave (the leave can be issued instead of the mother and father of the child), then a complaint must be filed with the labor inspectorate / court. In this situation, the refusal of the head of the enterprise to issue an order for the early exit of the employee from the decree contradicts Part 2 of Art. 256 of the Labor Code of the Russian Federation.

Also, the employer does not have the right to refuse to transfer an employee with a child under the age of 3 to a part-time job (Rostrud letter “On the application of labor legislation” dated September 12, 2013 No. 697-6-1).

Form and types of applications for withdrawal from maternity leave

An application for exit from maternity leave before the due date is drawn up in writing in any form, since the form of such a document is not approved by one normative act. However, the application can be attributed to organizational documents, which means that in relation to the procedure for its preparation, it is necessary to adhere to the requirements and recommendations established by GOST R 6.30-2003.

Based on the norms of office work, the following document structure should be distinguished:

• addressee (in the dative case, in the upper right corner of the document);
• applicant (in the genitive case, under the addressee);
• visa (in the left corner, the head can make a note about the approval, issuance of orders to internal services);
• title of the document (centered, with a capital letter, without a dot at the end - "Statement");
• statement of the essence (it is necessary to formulate a request, indicate the date of entry to work, the mode of the working day, the preservation of the possibility of receiving benefits and compensation);
• date and signature of the applicant.

Statement types:

1. In the event that it is planned to leave parental leave early for a child who is already 1.5 years old, the employee (s) does not need to mention the maintenance or termination of benefits payments, because in accordance with paragraph 1 of Art. 11.1 of Law No. 255-FZ, the allowance is paid exactly until the child reaches 1.5 years of age.
2. In some companies, it is practiced to write an application for leave twice - first, take it until the child reaches 1.5 years old, and then ask for it to be extended. In the event that an employee (s) decides not to extend the vacation after the child is 1.5 years old, then he (s) can simply go to work. However, the employer should still be notified in advance of such an intention, because he can count on extending the vacation, and therefore will not terminate the fixed-term contract with a temporary employee.
3. Sometimes employees who are on parental leave working part-time want to take a break to take their annual paid leave. The application will need to indicate the date of the expected annual leave and its duration. You will also need to write that at this time it is necessary to interrupt the parental leave, and indicate the date of its renewal, indicating the working hours. It should be borne in mind that during the period of annual paid leave, no allowance is paid.

Sample letter of resignation

To make it easier for you to figure out how the application should look like, we offer a completed sample for review.

to CEO

LLC "Smart-Holding"

Stepantsov F.I.

from accountant Skvortsova

Yulia Gennadievna

Statement

I inform you that on November 14, 2016 I intend to return to work from maternity leave. I ask you to establish the following work schedule for me: part-time work week (three days a week, from Tuesday to Thursday). Please keep the child care allowance.

November 10, 2016 Skvortsova Yu. G. Skvortsova

In case of early termination of maternity leave, it is necessary to draw up and submit an appropriate application to the employer. The application is written in any form addressed to the director. There are no legislative deadlines for its submission, therefore, an application can be submitted by an employee both the day before going to work, and in advance - 2 weeks in advance.

Break free

If your employee left for, be prepared for the fact that she may wish to issue an early exit from the decree. Exit from the decree ahead of schedule requires the execution of new documents, as the law gives expectant mother the opportunity to rest until the child reaches the age of 3 years. But not every woman can afford such a luxury, an employee may well write an application for early employment.

Maternity leave lasts 140 days, which includes 70 days before childbirth and 70 after. If the birth was complicated, the period of maternity leave is increased to 86 days before and after; with multiple pregnancy - up to 110 days. Although the people call “maternity leave” the entire vacation dedicated to the child, including caring for him up to 1.5 and up to 3 years.

As an employer, you are obliged to provide maternity leave to a pregnant employee in a timely manner on the basis of her application and a certificate of incapacity for work from the antenatal clinic. She is entitled to benefits even in several places, if before that she was officially employed by more than one employer. Maternity leave is part of the continuous work experience.

From the decree ahead of schedule

An early exit from the decree cannot be initiated by the employer (he can only ask the employee about this if he cannot do without her at work). The law prohibits an employer from preventing a woman from returning to work early, even if her early departure violates the employer's own plans. Your employee must submit an application 2 weeks before the expected return from vacation. The work of a young mother has the right to interrupt at any time.

As an employer, you are obliged to provide maternity leave to a pregnant employee in a timely manner on the basis of her application and a certificate of incapacity for work from the antenatal clinic.

The application is written in free form. But so that you do not have unnecessary questions, you can see the sample. After you have received the application, you need to issue an order. The sample can be downloaded.

An employee can leave the BiR () ahead of schedule or leave parental leave up to 1.5-3 years. If your employee left the vacation ahead of schedule, for which she has already received the entire payment, then at the same time she is entitled to a salary. The allowance is paid all at once for 140 days within 10 days after the sick leave is granted, and it is no longer possible to take back the overpaid amount. Such a situation can cause a quarrel with FSS employees, they will require the employer to return benefits for the period of vacation that the young mother devoted to work. The return of benefits can only be the initiative of the employee, it cannot be demanded of her. But there is still a way out of the situation.

The employer can:

• Draw up a civil law contract with the employee before the expiration of the term for her withdrawal from BiR. She will be able to do work, receiving a salary, despite the fact that she is on maternity leave.
• Agree with the woman that her earnings will go towards the future salary when she is already out of vacation. But the consent of the employee must be voluntary and documented.

For the entire period of maternity leave, you do not have the right to:

• Fire an employee.
• Demote her.
• Transfer without consent to a new position or to another locality.
• Engage in overtime work.
• Send on business trips.
• Forced to go to work on holidays and weekends.

A mother can also receive social benefits if she works part-time or at home. In addition, social benefits can be issued for any relative (dad, grandmother, grandfather) who cares for the baby. Mom at this time can start working and receive a salary.

According to paragraph 2 of part 1. Art. 77 of the Labor Code of the Russian Federation, an employee working at a maternity rate must be "due to the expiration of the employment contract." The employee must be warned at least 3 days before the dismissal and must be in writing (part 1 of article 79 of the Labor Code of the Russian Federation). You can write this order in free form.

An employee working at a maternity rate must be fired "due to the expiration of the employment contract."

If your employee intends to retire early from maternity leave or parental leave, you cannot prohibit or prevent her from doing so. The main thing is to follow all the formalities, do not break the law and do not forget to record in writing all changes in labor relations with an employee.