Who is entitled to parental leave up to 1.5 or 3 years old - how is it formalized and paid

To receive parental leave and pay a monthly allowance, a woman needs to submit an application at the place of work and attach a number of other documents to it. Other relatives of the child can also do this, for example, the father, guardians or one of the parents after adoption. This type of rest from work duties is a social guarantee provided at will. It allows the expectant mother to prepare for childbirth, and after that, devote time to the newborn. You will learn about the rules of registration, documents and types of payments from the information below.

What is parental leave

This is the time defined by the Labor Code of the Russian Federation (Labor Code of the Russian Federation) as provided to a working citizen for a break from their duties, so that he can take care of a child. This concept should not be confused with a decree. This is how the state defines maternity leave. It is subject to registration only by the woman in childbirth, and is provided for native and adopted children, whose age is less than 3 months.

The logical question here is how many weeks they go on maternity leave. Legally, a woman can take a 30 week rest to prepare for childbirth. This requires a maternity leave from a doctor. This document indicates the grounds for granting rest with start and end dates. Maternity leave is required:

• from 27 weeks - when the expectant mother lives in certain territories;
• from the day of birth - in case of premature birth between 22 and 3 weeks;
• from 28 weeks - if the pregnancy is multiple.

There is no concept of “Decree” in the legislation. This is a popular name that just came into use. For this reason, the term "federal maternity leave law" also has no place to be. According to the Labor Code of the Russian Federation, there is another concept. It sounds like "maternity leave" (BIR), which means decree. Rest for baby care begins after this period. Formally, this is maternity leave of up to 3 years.

Vacation up to 1.5 years

Starts immediately after the end of the decree. Lasts until the baby is 1.5 years old. The duration is determined differently for each woman, depending on how many days were provided in the postpartum period for maternity leave. According to article 255 of the Labor Code of the Russian Federation, on the basis of a mother's application and a certificate of incapacity for work, she is granted maternity leave in the amount of the following number of calendar days:

• before childbirth - 70 days (84 with multiple pregnancies);
• in the postpartum period - 70 (84 with complications, 110 for the birth of 2 or more children).

Decree up to 3 years

The impression that vacation periods of up to 1.5 years and from 1.5 to 3 years are different is mistaken. In an employment relationship between an employee and an employer, this is one period. The application for it by the mother or other relatives is submitted once. The only difference is that after 1.5 years, social cash payments stop. Then the mother is given only a small compensation, which is paid by the employer in the amount of 50 rubles. For this reason, many women simply do not use the rest provided to them to the end and go to work.

Who is granted parental leave

According to Art. 256 of the Labor Code of the Russian Federation, child care can be partially or completely carried out not only by the mother, but also by other working relatives. These include:

• grandfather or grandmother;
• other family members;
• father of the child;
• guardian.

Vacation duration

The duration of parental leave is not exactly 3 years. It is less by 2-4 months due to the decree equal to 70, 84 or 110 days after giving birth. This is important when assigning benefits. How is maternity leave paid? At this stage, the mother receives an allowance equal to 100% of the salary for each of the full months of maternity leave. Then the specified amount is reduced to 40%. They stop paying it after the child is 1.5 years old. The same goes for the adoption situation. If the baby at the time when the court decision came into force is less than 3 months old, then the mother is given a decree.

How to get maternity leave

To take advantage of the legal right to rest, a newly-made mother needs to apply to her company with an application and a number of documents, and no later than the last day of the decree. Another parent or relative can do it instead. Rest is provided only to one of them. When working at several enterprises at once, an application must be submitted in each of them, but the allowance will be paid by only one manager.

What documents are needed

The HR department of the enterprise is required to present a certificate, which is issued at the place of the second parent, stating that he is not provided with rest for caring for the baby and related payments. Together with it, you must attach a child's birth certificate and an application for a vacation period. You need to apply to the accounting department with a request for the appointment of social benefits and compensation. Here, too, a birth certificate is required. General list of required documents in accordance with legal regulations:

• separate applications for rest, benefits and compensation;
• a certificate confirming that the other parent has not been granted leave;
• baby's birth certificate.

Parental leave application

There is no single application form. The document is written arbitrarily. In addition to the application for the vacation period, you need to write a couple more applications separately. This includes requests for state social insurance benefits and 50 rubles compensation. If you look at the sample application, then the original document should indicate:

• to whom - the name of the enterprise, and then the full name of the head;
• from whom - the full name of the person writing the application indicating the position;
• application - the name of the document;
• an explanation of the essence of the issue - a request for a vacation from a specific date until the baby reaches three years of age, while his full name and date of birth must be indicated;
• additional circumstances - requests for the appointment of benefits;
• enumeration of the attached documents;
• date;
• signature and surname of the applicant.

How is maternity leave paid

Legislatively, a woman has the right not only to rest after childbirth, but also to receive certain social benefits. They constitute a certain amount, calculated on the basis of the average wages over the past years. Every month a woman is provided with material support in the form of:

• social insurance benefits equal to 40% of the average salary - up to 1.5 years;
• compensation from the employer, defined as 50 rubles per month - up to 3 years.

Monthly allowance for a child up to 1.5 years old

Until the onset of the baby's 1.5 years old, the woman is paid an allowance by the Social Insurance Fund of the Russian Federation (FSS RF). Monthly it is 40% of the average income. The methodology for calculating this value is based on the use of data on wages. It is taken for a certain period - the last 2 years. The allowance is paid from the end of the decree up to the 1.5th birthday of the baby. It has certain limits of maximum and minimum:

• the minimum is 3065.69 rubles for the first and 6131.37 rubles. for the second and subsequent children;
• maximum - 23,089.04 rubles. taking into account the funds available to the insurance base and 12262.74 for those dismissed during the decree.

Compensation for a child under 3 years old

The FSS of the Russian Federation ceases to pay benefits from the moment the baby is 3 years old. At the request of the mother, she is provided with monthly compensation from the employer. On the basis of Presidential Decree No. 1110 "On the amount of compensation payments to certain categories of citizens" it is 50 rubles. When working in several places at once, a woman can apply for payment in each. The reason for the cancellation of compensation is the end of the vacation period or early exit from it, the dismissal of the mother of her own free will or the accrual of benefits in the event of the liquidation of the enterprise.

Up to how many years maternity leave is paid

When she goes on maternity leave from 30 weeks, a woman is paid 100% of her salary for each full month of this period. It ends in 70, 84 or 110 days, as mentioned above. Next, the period for caring for the baby begins. Until his 1.5 years, a woman is supposed to pay an allowance, the amount of which is 40% of the average wage for the last 2 years, or the minimum amount if the parent is not officially employed. As soon as the baby is 1.5 years old, this amount ceases to be charged. There remains only compensation of 50 rubles. at the expense of the employer.

Is it possible to work on parental leave

A woman can take home leave work or choose a part-time option. Then she is not deprived of the right to payment of social benefits for up to 1.5 years. Remains for the woman and compensation in the amount of 50 rubles from the enterprise. If you want to work remotely or on a part-time basis, you must submit an application addressed to the manager, having previously agreed with him this moment. On the basis of Articles 93 and 256 of the Labor Code of the Russian Federation, the chief cannot but go to a meeting. In such a situation, a woman is also entitled to paid sick leave on vacation.

Going to work after maternity leave

According to labor law, the day a woman goes to work is considered the next day on which the baby turns 3 years old. Although, at will, she can do it much earlier. This is regulated by article 256 of the Labor Code of the Russian Federation. It says that a woman has the right to use the rest period given to her in whole or in parts. It is even assumed that there is a gap in the term so that the employee works for a couple of months, and then leaves again, and so on until the baby grows up to 3 years old.

Early exit

To issue an order for a woman's early employment, her application is required. At the same time, the employer must discuss the conditions in advance, because a shortened day is possible. No additional order is required. Everything happens as it would when leaving the annual leave. It is desirable that the order be issued the day before the woman starts work, because in her place there may be another employee hired for a while. Leaving the vacation becomes the basis for the termination of the payment of benefits. The rest of the rest can be used by another relative.

Is parental leave included in seniority

The vacation period for caring for the baby is taken into account when calculating the total length of service. It is taken into account both in continuous work experience and calculated in the specialty, but only not in the case of the appointment of an insurance old-age pension ahead of schedule. The vacation period for caring for a baby is divided into 2 parts: up to 1.5 years old and from 1.5 to 3 years old. The woman receives cash payments in the first period, so only he is included in the insurance experience, which is taken into account when calculating the pension. The other half is not included here. It turns out that the vacation period for caring for the baby:

• included in the experience in the specialty;
• is part of continuous and general experience;
• is included in the insurance period required to receive a pension, but only in the form of a period of up to 1.5 years.

Dismissal on liquidation of an enterprise by decree

Dismissal of an employee is possible only with the liquidation of the organization. These are extreme measures if it is not possible to provide the maternity administrator with another position or even a job to replace the lost one. According to article 256 of the Labor Code of the Russian Federation, an employer does not have the right to do this only in case of reorganization, absence of work or layoffs. The liquidation of an enterprise may be grounds for dismissal. In this case, the decree is considered completed, and the monthly allowance will be paid by the FSS of the Russian Federation.

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