Dismissal after maternity leave. Dismissal after maternity leave Calculation of benefits and other compensation payments

Although there is no division in Russia labor law Based on gender, there are still certain preferences for working women. This is due to the fact that it is women who give birth to children and then care for them. Usually maternity leave is provided to a woman until her children reach three years of age, at which time the mother has the right to receive benefits, and workplace is retained by her. But what if she needs to continue spending time with her children after they are three years old? They can’t keep her job for such a long period of time? No. In this case, the law provides for dismissal for child care. But to do this, the employee must express such a desire herself.

Dismissal procedure

Terminate an employment relationship with a woman who needs to care for young children, Labor Code of the Russian Federation allows for two reasons:

the employee's own desire ( Art. 80 Labor Code of the Russian Federation);
agreement of the parties ( Art. 78 Labor Code of the Russian Federation).

What is meant here is dismissal for childcare reasons under 14, and not for service reasons. After all, the legislation does not prohibit the management of an organization from formalizing the dismissal of such an employee if she violated discipline or did not perform official duties, or the company is liquidated. True, this no longer has anything to do with children.

The dismissal algorithm is quite simple:

After making a decision about the need to be at home with the children, the employee must convey it to the management of the company, that is, write a statement. The reason may not be indicated in it, since in fact it does not affect anything. Or the employee and the employer can enter into an agreement with special conditions termination of the employment contract.
Based on the application or agreement, the employer issues a dismissal order.
You must work the 2 weeks required by law (unless the terms of the agreement provide otherwise).
On the last working day, the employer is obliged to hand over documents and pay wages, as well as all due compensation.

If dismissal is envisaged to care for a disabled child, then there is no need to notify the employer 14 days in advance. But in this case, the application must indicate the reason, and attach a birth certificate, as well as the conclusion of a medical commission, if the reason for leaving is the illness of a minor.

Stopping work due to the need to raise children under 14 interrupts work experience women. This change began to take effect in 2007; until that time, the mother’s length of service remained the same. The mother is also not entitled to any pension points during this time. It should be noted that such a reason for terminating a contract with an employer is not the exclusive right of women. Fathers of young children who plan to care for them can also use it.

Do I need to comply with the notice period or can I quit immediately?

Termination to raise children does not provide any benefits. The application must be submitted two weeks from the planned date of care. This period is necessary for the transfer of cases and the employer’s search for a replacement. However, the mother of a disabled child may leave without observing the notice period. This is expressly provided Article 84.1 of the Labor Code of the Russian Federation.

In addition, by agreement with management, any employee can leave without working time. There are no restrictions in this matter.

What to write in a work book

The entry must be made on the basis of an organization order. There is no need to mention child care in it. It is enough to indicate on the basis of which article of the Labor Code of the Russian Federation the employee leaves. So, if this is your own desire, the entry will have the following wording:

Dismissed due to at will, paragraph 3 of part 1 Article 77 of the Labor Code Russian Federation.

If the employee requests, the reason for the dismissal can be clarified and indicate that it is related to the need to care for children, including a disabled person. The entry must be certified by the signature of an authorized person of the organization, dated, and order number. The dismissed employee must also be familiarized with it under his personal signature.

The process of terminating an employment contract is part of the employment relationship between parent and employer. It must be taken into account that a mother who is forced to be on vacation and take care of her baby is protected by law - the boss does not have the right to leave her without work, either by choice or under other circumstances. An exception to this may be dismissal due to the termination of the legal existence of the company, liquidation or bankruptcy. Only in this option can the employee be fired, despite the vacation. The only legal basis for premature termination of work is an application at the request of the mother or by common agreement of the parties who signed the employment contract.

Dismissal to care for a child under 14 years of age in 2017 - changes in the Labor Code of the Russian Federation

Labor Code article 80 regulates the labor relationship between boss and employee, describes the rights of a woman who is forced to take leave to care for minor children, and their age does not reach the limit of 14. It is necessary to clearly understand the difference between leave for up to 3 years and forced care for up to 14. Time maternity leave is divided into three stages:

Vacation before and after childbirth, each for 70 days.
Postpartum leave for up to one and a half years.
Full vacation up to 3 years.

In order for voluntary dismissal, the reason for which is a child under 14 years of age, to proceed correctly, you must write the application correctly. But before this, you should agree with your superiors on the reasons and timing of such deprivation of work. In view of the above, it follows:

Notify the management of the enterprise in advance of your desire to leave your job due to the need to care for a child under 14 years of age.
Correctly complete and submit the necessary documentation, and be sure to indicate the reason for wanting to leave your job.
It is necessary to figure out the exact date of termination of the cooperation agreement, taking into account the 14 days worked;

Based on the submitted application, management issues an order.

Compensation upon dismissal after maternity leave for up to 3 years

New changes in legislation provide for payments before and after birth. At the same time for calculating maternity compensation, the average value is taken wages per year or two past. It is important to remember the date of signing the decree on the maternity leave and return to the work process exactly on time, after the expiration of the three-year period. Since being late for a day or two can be considered absenteeism and serve as a reason for interrupting the labor relationship between the company and the mother.

Will I have to work 2 weeks if I am fired to care for a child?

If the text of the petition indicate a significant reason , due to which the mother cannot work the required time, then most likely you won't have to work it out . This reason is most often child's illness . To confirm this reason, you must provide a medical certificate and a doctor's report. Of course, it is better to warn management about your plans in advance. In other cases, deprivation of a job due to the need to care for a baby is legally equivalent to termination of work at the request of the mother herself, which requires two weeks of work.

Application for dismissal to care for a child under 14 years of age - sample 2017

A standard format application without special details must contain:

Full name of the employee, applicant.
Full name of the person to whom the application is addressed.
In the text of the application, describe the reasons why the employment relationship is terminated and the situation that led to the impossibility of performing the required work.
The date of drawing up the application, taking into account, without taking into account the work.

After signing the order, an entry is immediately made in the work book with the true reason for deprivation of work; this is very important, since it provides a number of advantages:

Accrual required benefits taking into account unused vacation.
Continuity of work experience.
Payment of required unemployment benefits.
No problems for employment in the future.

After the entry has been made in the labor record, the accounting department is required to pay the employee and make all due payments on the day the order is issued.

How to file a dismissal for caring for a child under 14 years old

It is more difficult for women to combine successful career and family and very often you have to choose one thing. As a rule, if you decide to have children, then you need to sacrifice work. But this is not always the case, because it is possible to take advantage of various social norms and rights established by the state. This includes dismissal to care for a child under 14 years of age. Article No. 80 of the Labor Code of the Russian Federation describes this procedure in detail.

For any woman, the child always comes first, so she will take care of him in any situation. There is usually no talk of any kind of work here, especially if there are any health problems. Usually there are no problems with taking leave for this reason. But sometimes this is not enough, so more serious measures have to be taken. It is only important to correctly understand all the legal aspects, both for the employee and the employer.

In the Soviet Union, it was an honor to work at one enterprise all your life. The laws listed valid and disrespectful reasons for dismissal at the request of the employee. For example, if a person quit of his own free will without good reason 2 times during the year, then his continuous length of service began to be counted from scratch, as if the person had not worked before.

Today, there are only two existing bylaws that contain a list of valid reasons for dismissal at the request of the employee.

Explanation of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated 07/09/1980,

Instructions for filling out work books, approved. Resolution of the Ministry of Labor of Russia dated 10.10.2003. No. 69.

The Explanation contains a list of valid reasons for dismissal at the request of the employee for the purpose of maintaining continuous service. This list includes mothers of children under 8 years of age.

This document was not canceled, but actually lost force after the Ruling of the Constitutional Court of the Russian Federation dated March 4, 2004. No. 138-O.

The court found it contrary to the Constitution to divide the reasons for dismissal into valid and disrespectful.

What to write in a work book?

In the right corner of the document the name of the company, details and position of the employer are indicated.
Personal information about the citizen filling in: full name and position.
The reason why the employee wants to quit.

At the end there is a date of planned departure from work and a signature. A copy of the birth of the youngest family member is attached to the document. Taking into account the application, the manager issues a reduction order.

Entry in the work book upon dismissal to care for a child under 14 years of age

The final stage in registering deductions from work is filling out work book. The boss makes a record of the employee’s dismissal based on the application. After which the work ability book is issued to the former employee along with salary and compensation for unused vacation.

Leaving work due to the need to support children is not a death sentence for an employee. If you wish, in the future you can register with the labor exchange, apply for unemployment benefits and even get free training. All options for improving the lives of people who care for children under 14 years of age are carried out on the basis of the provisions of the Legislation of the Russian Federation.

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According to Article 256 “Labor Code » of the Russian Federation, at the request of a woman she is provided with maternity leave until they reach the age of 3 years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal law.

Parental leave can also be used in whole or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.

The woman or specified persons, while in maternity leave, can work part-time or from home. At the same time, they retain the right to receive state social insurance benefits. During the period of parental leave, the employee retains his place of work (position). Besides, maternity leave is counted in the general and continuous work experience, as well as in the work experience in the specialty (except for cases of granting a pension on preferential terms).

Upon completion maternity leave a woman, at her request, is granted annual paid leave, regardless of her length of service in the organization. This is guaranteed by Article 260 of the Labor Code of the Russian Federation.

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 -several years without a mother, collective agreement annual additional holidays without pay at a time convenient for them, for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed (Article 263 of the Labor Code of the Russian Federation).

Parental leave can be used in whole or in parts also by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child (Article 256 Chapter 41 Labor Code RF). That is, leave is given one per child, and it is up to the parents to decide who will take it.

It follows from this that in the case of the birth of twins, when the mother’s maternity leave ends and parental leave begins, another family member has the right to take leave to care for the second child at the same time.

It also follows that parental leave can be granted to the father. The law allows this. But for this it is necessary that the child’s mother go to work. To receive such leave, the father must write an application for parental leave before the child reaches the age of 1.5 (3) years, submit a copy of the child’s birth certificate and a certificate from the wife’s place of work stating that the wife has returned to work . To receive a partially paid maternity leave Before the child reaches 1.5 years of age, it is additionally necessary to indicate in the certificate that the wife works full time and does not receive child care benefits.

If the mother is ill and due to health reasons cannot take care of the child, leave can also be granted to the father. To do this, it is necessary that the mother contact her employer with an application to terminate the vacation; on the basis of this application, a corresponding order to terminate the vacation must be issued. The child's mother must be issued a certificate confirming the termination of leave.

If, for health reasons or other reasons, a woman cannot submit this application in person, it can be accepted from another family member upon presentation of a copy of an identity document. In order to issue maternity leave and exercise their right to receive benefits, the child’s father must submit an application for provision at his place of work maternity leave, an application for granting benefits, a copy of the birth certificate of the child who will be cared for, a certificate from the place of work of the child’s mother stating that she does not use the specified leave and does not receive benefits.

Providing parental leave to care for a child over three years old is not provided for by law. However, the employer has the right in a collective agreement or in local act provide for the possibility of providing additional paid leave due to the need to care for a child under 14 years of age. In addition, the collective agreement may provide for the obligation to provide unpaid leave in connection with the need to care for a child under 14 years of age. In the absence of such an obligation, the employer has the right to grant the employee leave without pay. Leave is granted on the basis of an order issued based on the employee’s application. Additional paid leave must be paid no later than three days before it begins. Rationale: The legislation provides for the provision of parental leave only up to three years (Article 256 of the Labor Code of the Russian Federation). Parental leave is not directly provided for caring for older children. However, the employer has other options for releasing an employee from work due to the need to care for a child over three years old. Additional paid leave Caring for a child under 14 years of age does not fall under the grounds for providing additional paid leave provided for by the Labor Code of the Russian Federation (Article 116 of the Labor Code of the Russian Federation). However, the employer has the right to establish the possibility of providing such leave in a collective agreement or local act. Eat judicial practice, confirming the legality of such provisions (see, for example, Appeal determination Supreme Court Chuvash Republic dated March 11, 2015 in case No. 33-1090/2015). Leave without pay Cases in which the employer has an obligation to provide leave without pay are listed in Art. 128 Labor Code of the Russian Federation. This provision does not include the need to care for a child under 14 years of age in such cases. Thus, caring for a child under 14 years of age does not give the employee an unconditional right to such leave. However, the employer has the right, for family reasons and other valid reasons, to grant the employee, upon his written request, leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). That is, leave without pay can be granted if the employer considers the reason valid and agrees with the employee’s absence. It’s a different matter if the employer’s obligation to provide leave at his own expense is provided for by a collective agreement (Article 41 of the Labor Code of the Russian Federation). In this case, leave to care for a child under 14 years of age must be provided without fail, subject to the employee’s will. We also note that in accordance with Art. 263 of the Labor Code of the Russian Federation for the following categories of workers, a collective agreement may establish annual additional leave without pay at a time convenient for them for up to 14 calendar days: - an employee who has two or more children under the age of 14 years; - an employee who has a disabled child under 18 years of age; - a single mother raising a child under 14 years of age; - a father raising a child under 14 years of age without a mother. However, transferring this leave to the next working year is not allowed. Procedure for granting leave When granting leave based on the employee’s application, a corresponding order is issued, which will indicate that the employee is granted additional paid leave or leave without pay, and the number of calendar days of leave. The employee must be familiarized with this order against signature. Additional paid leave is subject to payment in accordance with Part 9 of Art. 136 Labor Code of the Russian Federation.

What is the procedure for providing an employee with parental leave for a child under 14 years of age?

The employee asked to be given maternity leave until she reaches the age of 14. Is it possible to grant this leave to an employee?

Having considered the issue, we came to the following conclusion:
An employer does not have the right to provide an employee with leave to care for a child until the child reaches the age of 14 years. However, the employer has the right, at the request of the employee, to provide him with leave without pay of any duration.

Rationale for the conclusion:
In accordance with part one of Art. 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted leave to care for a child until he reaches the age of three years.
Current labor legislation does not provide for the possibility of providing an employee with parental leave for a longer period. Consequently, the employer does not have the right to provide an employee with leave to care for a child until he or she reaches the age of 14 years.
We would like to draw your attention to Art. 128 Labor Code of the Russian Federation. This article provides for the possibility of providing employees with leave without pay.
According to part one of Art. 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The maximum duration of such leave is not limited by law (cassation ruling of the IC on civil cases Court of the Yamalo-Nenets Autonomous Okrug dated February 16, 2012 in case No. 33-308/11). Therefore, the employer has the right, at the request of the employee, to provide him with leave without pay of any duration.
Let us note that in part two of Art. 128 of the Labor Code of the Russian Federation establishes restrictions on the maximum duration of leave without pay, the provision of which in the cases specified in this norm, the employee has the right to demand from the employer. However, as follows from the first part of Art. 128 of the Labor Code of the Russian Federation, this does not exclude the provision in the same cases of leave without pay for a longer duration if there is mutual agreement of the parties.
An employee who has two or more children under the age of fourteen, an employee who has a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement annual additional leaves without pay can be established at a time convenient for them, lasting up to 14 calendar days (Article 263 of the Labor Code of the Russian Federation).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Troshina Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Sutulin Pavel

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Parental leave for children up to 3 years old in 2017

You are already an accomplished mother who recently gave birth to a long-awaited baby. Before giving birth, you had to complete a lot of documentation to receive child benefits. Is this really where it all ends, or is there still paperwork to be done to extend the time to care for the child? What changes have occurred in legislation on this issue? This is what our article is about.

Once again about maternity leave

The fact is that maternity leave is divided into several periods:

for pregnancy and childbirth (140 days - 70 days before childbirth and 70 after);
caring for a child up to one and a half years old;
for child care up to three years old.

This gradation depends on the duration and amount of money received.

Initially, when a Russian woman goes on maternity leave, she receives the first amount - prenatal and postnatal. Subsequent payments are made every month for one and a half years (40% of average earnings). When the child reaches this age, you can go to work (the child is sent to kindergarten or in the care of his grandmother), and extend care leave until the child turns three. Upon extension, the mother is entitled only to compensation payment from the employer. Although by law this leave is considered a single one, divided into two parts - paid and unpaid.

Read also: Corrections in the work book entry made by mistake - sample

Let's consider some nuances:

This part of the leave begins when the previous one ends - for pregnancy and childbirth. It is drawn up like this: we write an application addressed to our immediate superior, in it you ask for leave of up to one and a half years and accrue the necessary benefits.
If you immediately want to go on vacation for up to three years, then you should write two applications: about accrual of payments for up to one and a half years (to the accounting department) and about vacation for up to three years (to the human resources department). The documents required to apply for the benefit are as follows:
- child's birth certificate;
- a certificate from the second parent’s place of work that no such payments have been accrued to him and no leave has been granted;
- birth certificates of other children (if you have any).
You, as a person caring for a child, can (if you really want to, of course) go to work, but work part-time or do it at home (if such an option is provided for in the employment contract).

We extend our vacation

When you went on maternity leave, you expected to raise your sweet child for a year and a half. But after this time they decided to sit until three. The reasons for this are different: the baby is often sick; taken to the kindergarten - cannot adapt to the children's group; you yourself feel that you are not yet ready for the main job, etc., etc.

What to do:

Two weeks before the end of your vacation of up to one and a half years, you write an application for an extension to three.
Be sure to indicate the start and end dates of the vacation in this document and personally take it to management for signature.
Remember that in this case your job will remain yours; no one has the right to fire you.
After this time has passed, you go to work or take your due annual leave who did not have time to take the day off due to current circumstances (this is the case if there is one).
You can also take a 30-day vacation, but without pay.
If you need others vacation days, contact your management and agree on these nuances (but it’s unlikely to be paid for). This situation is not prescribed by law, so most likely you will have to quit your job.
At enterprises with a collective agreement, additional leave (unpaid) is provided for up to 14 years for mothers of many children and mothers of disabled children.

For those who work part-time

You officially work for several employers, that is, part-time. What to do in this situation? Should I write an application for maternity leave to everyone at once or choose one of my favorite ones, the one who will pay the most?

Yes, indeed, according to the law, such leave must be provided by all enterprises with job retention. Under no circumstances will you be fired! But the benefit will be paid only from one place of work. And keep in mind that you can choose who exactly will do this. Expert advice: it is better to choose the company that paid you a higher salary.

When collecting documents, you should also take into account that for each place of work you need to bring certificates from other enterprises about non-payment of benefits to them.

Here’s what’s interesting: in the case of part-time work, every employer is required to provide maternity benefits.

Expert advice: when going on maternity leave, do not forget to make a photocopy of your work record book indicating all places of work. Why, you ask? The answer is simple: in a few years, any company can simply close down, which means your workforce will disappear too. When restoring this document, a copy of it will be very useful.

Amount of child care benefits in 2017

It has already been said: parental leave is divided into 2 parts - up to one and a half years and from one and a half to three. Why is separation necessary? This is based on the amount of cash payments to the mother.

In 2017, the amount of money is calculated according to the average earnings of a maternity leave and is 40% of the salary. At the same time average salary should not be below the minimum wage. This year – 5,600 rubles, 0.2% higher than 2016.

Federal laws provide for a benefit that a young mother can receive from one and a half to three years old; it is monthly and amounts to 50 rubles per child under age. This “children’s money” can be increased by local regional authorities: there is a certain conversion factor (in Moscow, women on maternity leave for one and a half to three years receive 2,000-2,200 rubles per month).

Local (regional) recalculations are based on certain criteria:

how many children;
average salary (for a given region);
the average income of the person who will receive this compensation.

Back in November 2014, a bill was submitted for consideration regarding changes in the amounts and timing of payments monthly benefits child care. They proposed a practice: extend the payment of benefits to three years, but it will only be applied in some regions.

The following have the right to receive compensation for caring for a child under three years of age:

the parents themselves, guardians or immediate relatives of the baby;
military mothers (contract workers);
women who are part of the civilian personnel of military units of the Russian Federation on the territory of other countries;
unemployed mothers who do not receive appropriate benefits.

How to get compensation for unemployed mothers:

Contact your district office social protection population.
Submit an application and accompany it with a copy of the child’s birth certificate, a copy of your labor or military ID (some other document confirming that you worked or studied somewhere), a certificate from the Employment Center about non-payment of unemployment benefits.

If for some personal reason you cannot come to this institution, there is another option for you - send the papers by mail, or even electronically (through the service portal of the Social Security Fund website).
As soon as all documents are provided, you will be awarded compensation and paid within 10 days.

In what cases can they refuse to pay benefits for up to 3 years?

They will refuse to pay you “children’s benefits” if you contacted the appropriate institution later than six months after the due date (remember, we are talking about extended leave from one and a half to three years). Exceptional cases are:

natural disasters;
the applicant's prolonged illness;
change of place of residence;
illegal dismissal from work;
death of a close family member.

Naturally, all these troubles must be confirmed by relevant

Bill No. 648289-6 described in the article is still under consideration. Committee State Duma on issues of family, women and children proposed once again to correct some points. Changes that occur are periodically reported on the official website of the State Duma.

More innovations for 2017

This year, we have provided the opportunity to receive child care benefits not only for Russians, but also foreign citizens, living in Russia.

Next year, 2017, judging by the work of the State Duma, there will be no changes in the preparation of documentation for pregnant expectant mothers. The amount of benefit paid each month will change as the required indexation is carried out each year to compensate for inflation and rising prices.

Parental leave up to 1.5; 3 and 4.5 years - laws and registration procedures

There comes a time in the life of most families when a small child is born.

This joyful event is often accompanied by numerous bureaucratic red tape and the need to understand the laws that allow you to count on any benefits.

Parental leave, the right to which arises immediately after the end of maternity leave. is one of the most difficult questions.

Read also: Order to apply a disciplinary sanction in the form of dismissal

Legislative framework

The right of young parents or other close relatives to this type of leave is provided for in the Labor Code. Chapter 41 describes the procedure for granting leave, its terms and features related to the status of the parents or child.

And the social payments required for the implementation of such a right are noted in Federal Law No. 81-FZ of May 19, 1995 and in Decree of the President of the Russian Federation No. 1110 of May 30, 1994.

Latest changes in legislation

IN December 2013 year, Law No. 427-FZ was adopted, on the basis of which serious amendments were made to Article 11 of the Federal Law “On labor pensions" Previously in insurance experience for the purposes of calculating the pension, periods of caring for a child up to his age of one and a half years were included, but the total period could not exceed 3 years over the entire life. After the above law came into force, the period was increased to 4 years and 6 months.

Unfortunately, a number of media outlets mistakenly interpreted this norm, and many young parents believed that it was now possible to stay at home until the child reached 4.5 years of age. This is not true. Code in latest edition with amendments coming into force in January 2017, provides possibility of release from work only until the date when the son or daughter turns 3 years old.

Who is entitled to leave?

First of all, the mother has the right to apply for such leave. But if for some reason she cannot leave work, then any other relative or guardian who actually takes care of the child can fully or partially take advantage of the right.

Moreover, there are no special circumstances for a child’s relative to be released from work. All that is needed is the desire of the face. For example, in 2012, the Smolensk Regional Court declared unlawful the organization’s refusal to provide leave to the grandmother due to the fact that the child’s mother was in labor relations She was not a member of any organization and, accordingly, could take care of him herself.

Only for some categories of employees there are restrictions and the need to confirm valid reasons. For example, this applies police officers . The law states that such an employee, who is a father, can be released from work only if he is raising a child without a mother due to her death, long-term stay in medical institutions or other similar circumstances.

Duration

According to the Labor Code, the maximum duration of leave to care for one child is 3 years.

This means that the day after the third birthday, the mother or other person providing care is required to go to work.

But if during such leave another baby is born, then the break from work can be extended until his third birthday, after the end of the second maternity leave.

At the same time, it must be borne in mind that benefits are paid exclusively up to 1.5 years. After which you can only count on a small monthly compensation.

The entire period of such leave is included in the general and continuous length of service. It affects bonuses for length of service, salary bonuses for work in the Far North, etc. But there is a limitation for calculating pensions. As noted above, for this purpose, the length of service includes only one and a half years of such leave for each child. And the total period cannot be more than 4.5 years. This means that the length of service for calculating the pension will include vacations of up to 1.5 years for the first three children, but starting from the fourth child, such a break in work will be interrupted.

Registration procedure

In order to go on leave to care for a baby and become eligible for benefits, should be provided :

application for leave of the required duration and assignment of benefits calculated on average earnings;
birth certificate;
documents for previous children, if necessary (the presence of more than one child affects, for example, the permissible minimum for the monthly benefit amount);
a certificate from the other parent stating that he is not on leave and is not receiving benefits from his employer.

IN special cases, for example, to confirm a child’s disability. Other documents may be required.

To apply for childcare benefits for a child under 3 years of age, you must write a separate application.

Application and order

An application for leave and for the establishment of benefits, as well as an application for payment for children under 3 years of age, is written immediately to the manager employer organization. The start date of the leave specified in the application will be the day following the end of maternity leave. The end of the period can be either 1.5 or 3 years. Required additional documents must also be listed as applications.

The application is submitted to the HR department, accounting department or directly to the manager.

Based on the documents received orders are drawn up :

on vacation;
on the appointment of benefits for up to 1.5 years based on average earnings;
on the appointment of care payments for up to 3 years.

The obligation to return from leave begins the day after the child reaches the appropriate age.

Calculation of benefits and other compensation payments

During such leave, parents have the right to count for next income :

benefits up to 1.5 years;
payment in the amount of 50 rubles up to 3 years.

For those working employment contract parental benefit up to 1.5 years is monthly 40% of average earnings. However, the average earnings for the purposes of this benefit differs from the calculation of an indicator with the same name, but used to determine regular vacation pay. In this case, only those types of payments for which compulsory social insurance contributions were calculated are taken into account. And since the law sets a limit on the annual salary from which contributions are calculated, the average earnings may be less.

In this case, the monthly payment cannot be lower than established minimum amounts. which are indexed annually, and in 2016 amount to 2,908.62 rubles for the first-born and 5,817.24 for all other children.

In order to understand how much you should expect, you need to analyze your income for two full calendar years preceding the vacation. That is, if the right to leave arose in 2016, the calculation of average earnings will include the amounts of payments accrued for the entire 2014 and 2015.

for 2014 - 624,000 rubles;
for 2015 - 670,000 rubles;
for 2016 - 718,000 rubles.

Having determined the amount of your total salary taken into account, it must be divided by the number of calendar days in the years related to the calculation (or by 730 days if earnings were above the limit). The number of these days will be less if the period includes sick leave or other breaks in work.

Monthly payment for a child up to 3 years as of 2016 it is 50 rubles. To receive this payment, you must write an application to the manager. Moreover, you must apply for this benefit within six months after the first day of vacation. If the application is received later, such compensation is paid for the past period not exceeding six months. The law does not provide for indexation of this type of payment.

Design features in various situations

Depending on the situation and the status of the parent or child, those caring for the child may have additional rights.

Additional days off for relatives of a disabled child

To take care of a disabled child, the Code provides for the opportunity for a mother or father, upon written application, to receive 4 additional days off from work per month.

Providing parental leave to care for a child over three years old is not provided for by law. However, the employer has the right, in a collective agreement or local act, to provide for the possibility of providing additional paid leave due to the need to care for a child under 14 years of age. In addition, the collective agreement may provide for the obligation to provide unpaid leave in connection with the need to care for a child under 14 years of age. In the absence of such an obligation, the employer has the right to grant the employee leave without pay. Leave is granted on the basis of an order issued based on the employee’s application. Additional paid leave must be paid no later than three days before it begins. Rationale: The legislation provides for the provision of parental leave only up to three years (Article 256 of the Labor Code of the Russian Federation). Parental leave is not directly provided for caring for older children. However, the employer has other options for releasing an employee from work due to the need to care for a child over three years old. Additional paid leave Caring for a child under 14 years of age does not fall under the grounds for providing additional paid leave provided for by the Labor Code of the Russian Federation (Article 116 of the Labor Code of the Russian Federation). However, the employer has the right to establish the possibility of providing such leave in a collective agreement or local act. There is judicial practice confirming the legality of such provisions (see, for example, the Appeal ruling of the Supreme Court of the Chuvash Republic dated March 11, 2015 in case No. 33-1090/2015). Leave without pay Cases in which the employer has an obligation to provide leave without pay are listed in Art. 128 Labor Code of the Russian Federation. This provision does not include the need to care for a child under 14 years of age in such cases. Thus, caring for a child under 14 years of age does not give the employee an unconditional right to such leave. However, the employer has the right, for family reasons and other valid reasons, to grant the employee, upon his written request, leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). That is, leave without pay can be granted if the employer considers the reason valid and agrees with the employee’s absence. It’s a different matter if the employer’s obligation to provide leave at his own expense is provided for by a collective agreement (Article 41 of the Labor Code of the Russian Federation). In this case, leave to care for a child under 14 years of age must be provided without fail, subject to the employee’s will. We also note that in accordance with Art. 263 of the Labor Code of the Russian Federation for the following categories of workers, a collective agreement may establish annual additional leave without pay at a time convenient for them for up to 14 calendar days: - an employee who has two or more children under the age of 14 years; - an employee who has a disabled child under 18 years of age; - a single mother raising a child under 14 years of age; - a father raising a child under 14 years of age without a mother. However, transferring this leave to the next working year is not allowed. Procedure for granting leave When granting leave based on the employee’s application, a corresponding order is issued, which will indicate that the employee is granted additional paid leave or leave without pay, and the number of calendar days of leave. The employee must be familiarized with this order against signature. Additional paid leave is subject to payment in accordance with Part 9 of Art. 136 Labor Code of the Russian Federation.