How to pay leave after decree. Providing annual leave after the decree with examples. How many days are laid, how to count vacation pay? Rules for calculating the period of rest and vacation

A working woman who has become a mother needs to figure out when she is scheduled for another vacation after maternity leave. At the same time, we will understand what happens to unused calendar days of paid rest upon dismissal after a decree.

What holidays a young mother is entitled to

A worker preparing to give birth to a child, according to Art. 255 of the Labor Code of the Russian Federation laid paid maternity leave (M&R), also called maternity leave, or simply maternity leave.

The duration of this vacation in total is:

in case of a one-year pregnancy and successful childbirth - 140 calendar days (70 - before childbirth and 70 - after);
with complicated delivery - 156 days (70 and 86);
- 194 days (84 and 110).

Note: if a woman who has given birth to two or more children before the birth spent on vacation not 84, but only 70 days, she still needs to provide 194 days of the decree, since it is calculated in total.

Regardless of the duration of the B&R vacation, the citizen retains paid regular leave for a period of at least 28 calendar days for each year.

The Labor Code also provides for various additional paid holidays due to workers with irregular working hours, dangerous or harmful working conditions, etc.

A citizen who has worked at his current place for at least six months is entitled to receive regular leave on a common basis. An exception is provided for a woman preparing for motherhood (Article 122 of the Labor Code).

In the same way, immediately after maternity leave, you can take another vacation, which is allowed to include non-vacation days for previous years worked out in the organization.

Note: a pregnant woman or childbearing has the right to receive annual leave at any chosen time, regardless of the approved vacation schedule.

According to Art. 256 shopping mall worker, who became a mother, is also entitled to leave to care for a child up to 3 years. A woman at her discretion chooses what to do:

make full use of this vacation;
devote a part of the term to the child and then go to work;
return to the workplace immediately after the vacation of BiR, entrusting the care of the baby to another person (detailed information on going to work during maternity leave is available).

Leave for care is divided into two equal periods, and the first one and a half years are paid by the employer, and the second no. This is a good reason to return to work without waiting for the 3rd anniversary of the child.

How to go on another vacation after maternity leave

To receive the annual paid leave laid after the decree, you must write a statement addressed to the head of the organization in a unified form.

The document must contain:

request for the next paid vacation;
the number of calendar days of rest;
the first and last days of vacation ("from ... to ...");
employee signature
filing date.

Need to know

When going on another vacation and counting her vacation experience, a woman should know which periods are counted in the experience and which are not (Article 121 of the Labor Code of the Russian Federation). It is important that B&R leave is included in the experience, and the employee will receive 11 days of the next leave for him (for standard - 140 days). And the period of leave for caring for a child up to 3 years is not included in the experience, and it is impossible to get leave during this time.

An employee of a large enterprise should indicate her personnel number and the name of the unit, and also enlist the resolution of the immediate supervisor.

A document is transmitted depending on the order established by the company to one of the following persons:

business secretary;
hR specialist;
direct supervisor;
accountant.

If an employee takes another vacation after maternity leave, the latter is not included in the billing period and does not affect the amount of vacation pay.

Please note: for a woman who intends to use one and a half or all three years of parental leave, it is unprofitable to go on regular leave after maternity leave for two reasons:

the total duration of the vacation will be reduced by the period of the next vacation, since care leave will not be extended - you need to return to the workplace immediately after the child reaches the age of 3;
the employee will be left without childcare benefits during the next vacation, since two vacation benefits are not paid at the same time.

Using annual leave is more profitable after the end of the leave for care.

What happens to non-vacation leave upon dismissal after maternity leave

Using accumulated holidays

At the end of the BiR vacation or for child care, a woman has the right to use the non-leaved parts of regular vacations for all the years of work in the organization.

If the employee intends to quit, you can either go on a long paid non-vacation leave after decree before submitting an application for dismissal, or in accordance with Art. 127 TC to receive monetary compensation for all unused vacation periods. Read about the dismissal of the maternity warden.

Without quitting, the employee is entitled to receive a refund in money only for the next vacation, not taken off last year, as well as for all unused additional holidays (if any).

An application for paid leave, including unused periods of previous years, is written in the same unified form, indicating the total duration of rest.

Watch the video on maternity leave after maternity leave

Compensation for all unused holidays

If a woman plans to receive a cash refund for non-scheduled days, it is necessary to determine how compensation for unused leave after maternity leave and parental leave is calculated.

The billing period is 12 months preceding maternity leave.

The amount of compensation is equal to the average daily earnings of the employee for the billing period, multiplied by the total number of days of unused vacation.

The number of days of non-scheduled basic leave in a fully worked year is 28 - O,

where O is the number of vacation days used.

Unused vacation for an incompletely worked year is equal to:

28: 12 x M - O,

where M is the number of full months worked.

The worked period of half a month or more is rounded up to a full month.

You can ask questions about the leave after the decree in the comments to the article.

Mother has the right to use the leave to care for the baby until he is 3 years old. After that, she should go to her workplace and begin work duties.

However, not all women are ready to do this right away. The legislator provided for them the opportunity to use the right to use the next leave immediately after the decree.

It does not matter how much she worked for the company. The employer does not have the right to refuse her rest, even if she has not yet worked out the required days. Under such circumstances, vacation time will be provided in advance.

Based on the application, a specialist in the personnel department issues an order (forms T - 6) on vacation and three days before it starts employee benefits are paid. An employee must be familiarized with the order with a signature.

How to calculate how many days you can take?

According to the law, a woman caring for a baby has the right to count on another vacation immediately after the decree in the amount of 28 days regardless of work experience.

Unworked days provided to the employee in advance, therefore, there is not always a desire to use such a right.

Very often, employees have unplanned days in stock, which they did not use before going on maternity leave. After the decree, they may well take advantage of them without advance payment and sit at home with the child longer than up to three years.

As a general rule, for each month of work, employed citizens are entitled to 2.33 days of rest. For example, if a person got a job in January, and in August goes on vacation, he should be 2.33 * 7 \u003d 16.31 days.

During maternity leave

The main ones are:

salary;
prizes
allowances and surcharges.

Formula for calculating vacation pay:

Sz \u003d Sr / 12 / 29.4, where

Sz - average earnings;
Zg - earnings a year before going on maternity leave.
O \u003d Sz * Kdo,
About - the size of vacation pay;
Kdo - vacation days.

Vacation Amount Required taxed on income. Therefore, in the hands of a person receives the amount minus 13%.

Example

We will analyze with a concrete example how vacation amounts are calculated.

Initial data:

Before leaving the decree employee for the year was accrued 250 thousand rubles.

Today, any officially employed worker has the right to regular paid leave. Its duration is 28 days.

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But when calculating vacation pay, a large number of different nuances should be taken into account - this also applies to leaving after maternity leave.

Legal basis

Maternity leave in colloquial vocabulary is usually called the time of disability due to pregnancy and childbirth.

Since a officially employed woman has the right to paid leave before and after childbirth. This moment in the legislation on the territory of the Russian Federation is regulated by the Labor Code of the Russian Federation.

According to the Labor Code, the duration of leave of the type in question is:

It should be remembered that the following categories of women have the right to receive vacation pay due to pregnancy and childbirth:

officially employed;
students
serving in the armed forces;
those in the public service;
dismissed due to liquidation;
registered with the employment service.

Women who are not officially employed or who do not fall into any of the categories indicated above are not paid BIR-type vacation pay.

From 01.01.11, the calculation of the maternity allowance is carried out taking into account the average wage for the last two years.

That is why any employee must submit wage certificates from her previous place of work. Since otherwise the amount of vacation pay will be small.

For some time (from 01/01/11 to 12/31/12), all women were given the right to independently choose the procedure for calculating the average wage - for the last year or two.

The basis for this was a statement drawn up in free form addressed to the head of the organization or direct boss.

The very procedure for calculating vacation pay paid under the BIR was amended by amendments that were approved directly by the President of the Russian Federation on 12/9/10.

The law entered into force on 01.01.11. It is it that includes all sorts of changes regarding the procedure for calculating temporary disability benefits.

There are some specific laws regarding maternity leave:

previously, or immediately after its completion, one more annual paid may be provided - at the request of the woman and regardless of the length of service or other factors;
if the employee went on vacation under the BIR, the employer has no right to dismiss her under any circumstances - the only exception is the complete liquidation of the enterprise.

Maternity leave

To receive the maternity leave itself and monetary compensation in connection with it, you need to know which documents and where to submit. These moments are covered in the most detail in the law No. 81-FZ of 05.19.95.

It should be remembered that in order to arrange a vacation it is imperative to submit an appropriate application no later than 6 months. He has the right to transfer to the personnel department both the employee herself and her authorized representative.

Compensation for maternity leave is currently paid not by the employer himself, but by the Social Insurance Fund. That is why, recently, the employer has been more loyal to the female sex when selecting candidates for work.

In order for maternity leave to be fully paid by the employer, a woman must necessarily submit the following documents to the personnel department or the accounting department of the organization:

a certificate of incapacity for work, duly executed with the correct code, for pregnancy and childbirth;
a free-form application for BIR leave;
income statement for the previous 24 months - if the employment was carried out recently;
a document in which all exclusion periods are indicated that are not included in the calculation of monetary compensation.

There are some categories of women to whom compensation of the type in question is provided not in a standard form, but in a different form. The basis for this is the law of 05.19.95

Compensation in this case does not represent any estimated amount, but a fixed payment from the federal budget fixed by law.

In all other cases, the hospital BIR is paid from the Social Insurance Fund, which is an extrabudgetary organization.

The following women can be referred to the persons under consideration:

How vacation pay is calculated after decree

Often, women who have just left the decree immediately use their right to leave laid down in accordance with legislative acts.

It is in such situations when calculating the monetary compensation to the personnel employee, or to an accountant, manager, it is necessary to be as careful as possible. Since, due to the slightest mistake, problems may arise with the labor inspection.

If the employee after the end of the decree decided to go on vacation again, then in this case the calculation of monetary compensation is carried out on a common basis.

This moment is covered in the most detail in the Labor Code of the Russian Federation. But before proceeding with the calculation of the vacation pay after the decree, it is necessary to calculate the average earnings.

To do this, use the following formula:

Usually, the duration of the month is understood as the number 29.3. But it should be remembered that its use is possible only if the employee has fully worked out the previous reporting year. If things are different, a correction factor must be applied.

To calculate it, you need to do the following:

It is very important to remember that some payments should not be included in the amounts taken into account when calculating the average earnings per day:

travel allowance or compensation for the next paid vacation;
maternity allowance;
sickness benefit;
payments due to care for a disabled child.

All the points indicated above are listed in Regulation No. 922 of the Decree of the Government of the Russian Federation of 12.24.07.

When the process of calculating the average earnings per day is completed, you can begin to calculate vacation pay.

This operation is performed in just one action:

Example

A female employee, Ivanova, on 05/11/15 came out of maternity leave. On the same day, she was written a vacation application from 06/12/15 to 06/08/15.

Its duration will be exactly 28 days. In this case, the settlement period has been fully worked out (from 05/01/14 to 04/30/15). The charge for the period indicated above is 400 thousand rubles All this amount should be included in the vacation calculation process.

We calculate the average earnings:

In this case, the amount of compensation due to vacation will be:

It is this amount that can be received by an employee who takes in the case under consideration another vacation immediately after pregnancy and childbirth.

If certificates regarding wages for the last two years have been provided after compensation has been paid, the employer is obliged to recalculate and pay the missing funds if necessary. If the difference is negative, then the withdrawal process will be impossible.

How is leave granted after maternity leave, and is the employee supposed to be relieved of work during this period, after all, has she “walked” for quite some time? If you have such a question, then this article is written just for you.

Vacation Legislation

The state guarantees its citizens social protection: benefits and guarantees, including the opportunity to take a break in work and not to be left without a livelihood during this period.
Decree

A woman is entitled to another leave after maternity leave

According to articles 255 and 256 of the Labor Code of the Russian Federation, when a woman becomes pregnant, she is entitled to one hundred and forty paid calendar days: seventy before delivery and the same after. After the birth of a child, the right to leave to care for him for one and a half or three years appears. Both of these periods are paid: the first from the calculation of the average daily earnings for each day (almost like in the “usual” vacation), and the second in the amount of forty percent of the average wage.

Of course, the employee has the right to refuse the days set for her - as often happens, because wages, especially unofficial ones, often turn out to be much more benefits - and take only the necessary minimum, and entrust the care of the child to the nanny or relatives. By the way, not only young parents - mom and dad - can take leave to care for the baby - grandmothers and grandfathers can also go to it, only it will be necessary to provide a certificate in the workplace that no one else in the family took this opportunity.

Does maternity leave go on vacation? The answer to this question is no. Both of these time intervals are calculated and issued separately, almost independently of each other.

The employer does not have the right to independently reduce maternity leave, forbid employees to use it or demand that the employee go on vacation at a time that is convenient for him, and not spelled out in a temporary disability sheet.

Calendar holiday

According to Chapter 19 of the Labor Code of the Russian Federation, each employee has the right to annual paid labor leave. Its duration is twenty eight days. Those workers who work with hazardous substances, in difficult conditions, with increased "harmfulness", get a longer opportunity to relax. For example, pedagogical workers get the opportunity to relax at the same time as a vacation in an educational institution - almost two and a half months, but always in the summer.

At the request of the employer, the duration of leave at the enterprise can be extended - this must be prescribed in the Collective Agreement, as well as other internal documents of the enterprise.

According to the law, the employer does not have the right to reduce the vacation period - since this refers to the deterioration of working conditions, which is illegal - he also has no right to dictate to the employee when to go on vacation, to call him to work ahead of time, if there is no urgent production need, and in particular - the consent of the employee and so on.

It is important to know that maternity leave should not be included in another vacation

Since leave is granted once a year, to get it, you must work twelve months. But often at enterprises they practice dividing the required number of days into at least two parts - it must be remembered that two years of vacation cannot be less than fifteen days - this is also illegal, because according to health standards, sometimes you even need to rest from your favorite activity.

It is quite possible to take such leave after maternity leave and generally during the period that is convenient for the employee. Unless in the first year of work, you should not count on the most convenient: summer vacation period.

Thanks to the breakdown into parts, in order to be able to take a break from work, you can not wait for a whole year, but ask for a certain number of days received after six months. You can, of course, try to take all twenty-eight, but going on vacation on credit, like a financial loan, is fraught with the fact that you have to pay off your debts sooner or later: either sit still for a long time, or pay compensation upon dismissal.

Annual maternity leave

If you are planning to document your absence from work, you must remember that pregnant women are provided with additional benefits: such an employee can ask for a calendar leave immediately before the decree or immediately after.

Moreover, before the decree, she could work as much time as she wanted: at least two weeks, even two days - the employer has no right to refuse a pregnant woman and must provide and pay for calendar leave at a convenient time for her. Moreover, if, for example, the maternity woman had not been on vacation two or three years before, she can immediately take all the days due to her: fifty-six or eighty-four.

The only thing that a future young mother should remember: parental leave starts from the date indicated on the birth certificate, even if it was not officially issued right away. For example, if a baby was born on May 5, 2013, and an employee decided to apply for a year and a half to care for him only on October 3, 2013, then she will need to begin work duties on November 5, 2014, and not on May 3, 2015 .

Therefore, it probably makes sense to take a maternity leave after the employee is not going to stay at home and look after the baby (for example, her husband or another relative will go on such a “rest”). It may also be worth it to cheat if the employee intends to quit, but in this case she will be returned the compensation for unused days with money, so this way you can only get a couple of weeks of work experience.

How to calculate leave after maternity leave?

The easiest way to calculate the number of days laid by a newly minted mother on regular, labor leave. If the organization, for example, decided to rest for thirty days, and at the time when the woman wants to go on vacation, the days were not used for either the current calendar year or the past, she can leave for all sixty days or use part of them - desire and coordination with the employer (although the latter has no right to insist).

Calculation of vacation pay after maternity leave is based on average daily earnings

In general, vacation pay is calculated on the basis of average earnings for the last worked calendar year. Since the maternity ward did not work from this period for at least one hundred and forty days (or even one hundred and eighty if, for example, she gave birth to twins), the question arises, what should I do in her case?

Are maternity days included in the calendar year worked? The answer to this question is yes - they are included. Holidays in connection with pregnancy and childbirth, as well as childcare (but only up to one and a half years) are also included in the length of service and insurance. As well as payments for these time periods are included in the calculation of vacation pay, because in the list of payments that are not included in the calculation of average wages, the allowance is not included.

Accordingly, the calculation of leave after maternity leave will include:

wage)

production and saving bonuses)

surcharges and allowances)

remuneration based on the results of annual work and for length of service)

indexing)

district coefficients)

temporary disability allowance)

payments for the time during which the employee retained average earnings.

One-time bonuses are not included in the calculation. How not to include and:

one-time payments: for the execution of one-time orders, additional volumes of work, additional payments for the performance of duties of an absent employee)

compensation: for unused vacation, business trips and the like)

rewards and bonuses for winning contests and competitions)

literary fee paid under the copyright agreement)

prizes for inventions and rationalization proposals)

subsidies for travel, food and the like)

payments for anniversaries and holidays)

dividends and interest on labor shares and deposits.

Otherwise, the mechanism for calculating vacation pay is also normal: adding together all payments for the last year, they are divided by 12, and then by 29.4. The resulting amount is paid each vacation day.

Payment of sick leave after maternity leave

If an employee falls ill during maternity leave or caring for a child, she will, of course, be given a sheet of temporary incapacity for work, but it will not be paid because she is already in temporary incapacity for work. But if, for example, maternity leave ends on November twenty-third, and the sick leave lasts until December first, the period between these two dates will be paid. Moreover, paid as it usually happens: based on the length of service and average daily earnings. Since the maternity period is included in the insurance and work experience, the calculation mechanism operates in the same way as in the case of ordinary workers.

We hope that our article has clarified the intricacies of how to take another vacation after maternity leave.

Employed pregnant women in our country are entitled to paid. The birth of a baby does not leave time for official labor activity, as the chores associated with this force the mother to stay with him for a long time before entering. , as a rule, it is given until the child is one and a half years old, but you can extend it to three if you take into account the situation in Russia with the queues in kindergartens and a strong increase in the birth rate in the last decade.

Earlier, back in Soviet times, nursery groups existed in preschool educational institutions. Now this phenomenon is considered a rarity, it is extremely rare. Mom will be lucky if she can arrange a child in the garden at the age of two or three years, and until that moment she herself will have to look after him while on legal leave.

The legislative aspect of the issue

In addition to maternity leave, at any enterprise it is also required 28 days. At the request of the employee, it can be divided into two parts for two weeks, but no less. According to the law, maternity leave is also included in the length of service, that is, this time is considered as working. Consequently, a woman can accumulate at least one regular annual vacation during her stay at home.

IN Art. 255 and 256 of the Labor Code of the Russian Federation it is said that a pregnant employee is guaranteed 140 calendar days of paid leave, you can even call it temporary disability. This period is divided into two halves: 70 days before the birth itself and the same after them. If, then on maternity leave a woman is released 2 weeks earlier, and after childbirth, another 40 days are added to the prescribed 70 days, that is, in general she is entitled to 194 legal paid days. With any complications during childbirth, another 14 days are added to 140 days.

As soon as the baby is born, the mother is supposed to take care of him for a period of 18 months, sometimes up to three years. Payment for a shorter period (2 months) occurs similarly to the usual vacation pay, that is, every day is equivalent to the average daily earnings. And for an additional year and a half, a woman will receive 40% of her average earnings at the enterprise.

It is noteworthy that maternity leave can be used not only by the parents of the baby, mother and father, but also by grandparents. When providing such a period at the enterprise, it is necessary to show a certificate of the non-use of the decree by anyone else from the family.

Concerning main vacation, then it is not included in maternity and is provided separately, regardless of the period for caring for the child. The employer is in no way entitled to reduce, shift or exclude this type of vacation. So it worsens the working conditions of the employee, which is a violation and contrary to the law.

Before the first vacation, a person must work at the company for at least six months. For and specific working conditions, the number of days of rest increases in accordance with domestic law. Often there is the practice of “breaking down" the period of the dismissal from work into two parts, they do not have to be equal, but one of them cannot be shorter than two weeks. Otherwise, the violation of the law will again be evident, because from any, even the lightest and most harmless work, at least minimal rest is necessary.

According to the Labor Code of the Russian Federation, and specifically 260 article, a pregnant or already given birth employee can take advantage of the leave due to her at least until at least the end of the decree. Moreover, if several unused periods of exemption from labor duties have accumulated, then she is allowed to use all days in total at once.

The procedure for calculating the amount of payment

As a general rule, payments should be calculated based on the average salary for the past year.

But a woman who recently gave birth did not work from 140 to 194 days. These maternity days will go into the worked period, so you can not worry about the average. The length of pregnancy and caring for a baby up to one and a half years of age will certainly enter both the labor and insurance periods.

Woman on vacation after maternity leave:

On account of these payments not included the following amounts:

one-time bonuses;

lump sum payments;

income from turnover of labor shares and from deposits;

various kinds of compensation (for business trips, etc.);

bonuses and awards for victories in competitions and competitions;

fees for literary works;

subsidies for food, travel, etc .;

holiday and anniversary payments.

The sick leave is paid for temporary disability benefits, and since maternity leave is temporary disability, the time of illness will not be paid. However, if the period of the sick leave goes beyond maternity leave, then the days of exaggeration on the officially confirmed fact of the disease will be paid by the company, taking into account the average values \u200b\u200bof earnings and duration.
Calculation example

Here the calculation is similar to the usual calculation: all employee incomes for a year are added up and divided by 12, and then by 29.3 (this is the average number of days in a month). The received amount is paid every day for a legal absence from the workplace.

For example, Natalia Kotelnikova was on parental leave, which ended on April 14, 2019. A day later, she applied for leave from 04.30 the same year. The manager agrees to give the employee exactly 30 days of rest. It turns out that the vacation period will end on 05/30/2019. Over the past year, Natalya worked a full period, the total income amounted to 336 thousand rubles.

Dividing this number by 12 months, we get 28,000, and dividing the resulting figure by 29.3, we get an average daily value of 955.6 rubles. We multiply this result by the number of days of rest, that is, by 30, and we get 28,669 rubles. This amount will pay Kotelnikova vacation pay after the decree.

Vacation payment procedure

All vacation amounts must be paid no later than 3 days after signing the vacation order. If payments are delayed for some reason, then this is considered a violation of the law.

The employee must file in the name of the director of the enterprise. It must indicate your last name, first name, patronymic, position, start date of the vacation and the number of days of rest. The release date does not fit into the statement, it is calculated by the personnel department, and it is indicated in the order certified by the director.

The vacation amount is calculated based on the average earnings calculated for the last year worked. It is counted every day of the calendar month. If an employee did not use her annual period of exemption from labor duties before entering the decree, then he can be reimbursed both in kind, that is, in extra days, and in money. Cash compensation is added to the total amount of vacation pay.

For the rules for the provision and payment of annual leave after the decree, see the following video: