Vacation up to 1.5 years sample. Reasons for drawing up the order and who is involved in it? Filling out the blank columns of the order form

In accordance with Article 256 of Parental Leave " Labor Code Russian Federation» dated December 30, 2001 N 197-FZ (as amended on December 31, 2017), if there is a child under 3 years of age, the mother (the child’s father, grandmother, grandfather, other relatives or guardians actually caring for the child) is guaranteed leave to care for the child.

Federal Law “On state benefits citizens with children" dated May 19, 1995 N 81-FZ Article 4 determines the means for financing the payment of state benefits to citizens with children; specifies the persons entitled to the said benefit in Article 13. At the request of a woman, she is granted maternity leave until the child reaches the age of three years. The procedure and timing of payment of benefits during the period specified vacation are determined by federal laws.

Basis for forming an order for parental leave for a child up to 3 years old

1. Application from a person applying for parental leave for a child under 3 years of age, written in free form addressed to the head of the organization, indicating: the child’s full name, date of birth, start date of leave (the day following the expiration of the maternity sick leave) until the age of three. This statement is registered in the manner established in the organization (for example, a log of employee statements). Read also the article ⇒
2. Birth certificate of the child specified in the application (a copy must be attached).
3. Certificate from the second parent’s place of work stating that this manual is not accrued or paid. This certificate is not formalized, but it should not raise doubts about its authenticity. Vacation registration is possible only for one of the parents (representatives, operatives).

Formation of an order for the provision of parental leave for a child up to 3 years

Based on the listed documents, the HR specialist draws up an order in form T-6 Order (instruction) to grant leave to the employee (if the organization uses unified forms) or Order on approved form, which is formed and approved in the organization local acts with all required details.

The order reflects the duration of the vacation in days, the start and end date of the vacation in section B of the T-6 form.

Point B duplicates information from point B.

The issued order must be registered in the form approved by the organization (for example, an order register).

The employee must be familiarized with the issued order and signed.

The signed order comes into force and the information is transferred to the persons responsible for maintaining the working time sheet (since the employee retains workplace, he is the main employee, the mark OJ is put on the report card) and is responsible for calculating child care benefits for children under three years of age.

Information about the leave granted is recorded in the personal account card employee (if unified forms are used: T-2 Personal employee card).

While on maternity leave for up to 1.5 years, a benefit is paid, in 2018 amounting to 40% of average monthly earnings(income for 2016 and 2017 is taken into account), but not less than the legally established amount: for the first child 3065.69 rubles from January 1, 2018, 3142.33 rubles from February 1, 2018 and for the second and subsequent children 6131.37 and 6284 .65 rubles respectively ( minimum size benefits are reviewed annually). In the period from 1.5 to 3 years, a benefit is assigned compensatory nature in the amount of 50 rubles. But at the same time, federal subjects can formulate their own programs for financing needy citizens. The benefit is assigned within 10 calendar days.

Formation of an order to provide parental leave for a child up to 3 years for another family member.

In some cases, the mother may go to work before the end of her maternity leave. To do this, you need to write a job application. However, the benefit remains the same if you go to work part-time. In this case, the mother can, for the period before the child reaches three years old take a vacation at any time.

To apply for parental leave, a relative who will actually care for the child must also submit to his workplace an application for parental leave for a child up to 3 years old and a birth certificate, documents to confirm relationship (for example, the birth certificate of a daughter, who is the mother of a grandson), certificates from the parents’ place of work confirming their employment. In this case, the benefit is assigned to only one family member.

Common mistakes

Mistake #1: The child's date of birth is 09/21/2017. Sick leave closed 11/29/2017. An application for parental leave was not written. The order was issued without basis. How long can I wait for a package of documents?

From this article you will learn:

• What documents are needed to issue an order for child care leave (up to 1.5, 3 years);
• Form of order for parental leave: which one is better to use;
• How to correctly draw up and fill out an order for parental leave for a child up to 3 years old, an order for early exit from maternity leave up to 3 years.

An order (instruction) on granting leave (including for caring for a child up to 1.5, 3 years old) documents the fact of granting leave, both basic and other types of paid and unpaid leaves. At their request, women are granted maternity leave for up to three years (Article 256 of the Labor Code of the Russian Federation). An order for parental leave documents the fact of granting such leave. The documents that accompany the issuance of an order (instruction) on granting leave include: a vacation schedule, an application for granting leave and a note-calculation about granting leave to the employee.

An order for parental leave can be issued either using the existing unified forms T-6, T-6a, or in free form, which can be drawn up by the organization independently (see sample). The basis for issuing an order to provide parental leave for up to three years will be the employee’s application, which is drawn up in free form addressed to the head of the organization.

Order for leave to care for a child up to 3 years old (sample)

Below is another sample order for child care leave (form to fill out).

The order on providing parental leave for up to 1.5 years does not regulate the procedure for payment of benefits. In this case, the main regulatory document is federal law. After the order for parental leave is finalized, the application must be filed in a folder with the reasons for the leave orders.

Forms of order for provision of parental leave for a child up to 3 years

In personnel records management, a single unified form of order for parental leave is confidently used. To fill out a vacation order, use form T-6 (for one employee) or form T-6a (for two or more employees). But you need to know that from January 1, 2013, these unified forms of sample orders for granting leave are not so mandatory. An order for parental leave can be issued in any form (see sample).

Often, some confusion is caused by the existing periodization of vacations. Therefore, misunderstanding is possible: how to fill out (where to get a sample) an order for parental leave for a child up to 3 years or up to 1.5 years? This is due to some features of benefit payments. The whole difference is that before the baby turns 1.5 years old, his parent receives monthly allowance at 40 percent of the average wages, but not less than 1,500 rubles for the first and 3,000 rubles for the second child. This benefit is paid by the Foundation social insurance. However, after a year and a half, all that remains is payment of compensation at the expense of the employer, monthly amount which is only 50 rubles. Accordingly, for accounting, in addition to an order for parental leave to care for a child up to 3 years old, you will need an order to provide a payment that accrues up to one and a half years.

It turns out that an order to provide parental leave for a child up to 1.5 years looks exactly the same as an order to provide parental leave for a child up to 3 years. The employee independently determines the end date of the vacation.

From the point of view of legislation, these periods are combined into one vacation without change legal status female workers In addition, the employer is obliged to retain the position of the employee and does not have the right to dismiss her due to reduction.

Order on granting parental leave for a child up to 3 years old: when the unified T-6 form is used

The unified form T-6 was approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004. This uniform form order (instruction) on granting leave to employees. After registration, the order is signed by the director of the organization and given to the employee for review. The employee, expressing her consent, puts her signature on the order, thereby confirming her own awareness. It is recommended to make a copy of the order certified by the employer for the employee.

Following the rules personnel records management, each order for parental leave must be registered in the Register of Leave Orders. The leave record must be entered into the employee’s personal card and into his personal account using the unified form No. T-54 (No. T-54a) or in a form that can be developed and approved directly by the employer.

Order for parental leave up to 3 years for part-time workers

The procedure for issuing an order for parental leave for employees combining several jobs differs only in the issue of payment of benefits. Parental leave must be provided in all places of employment, while the benefit is paid only by one employer at the employee's choice. In this case, the employer must additionally be provided documentary evidence the fact that the employee does not receive payments from other organizations. A sample order for granting parental leave is given above (the unified form T-6 is used).

Order on early exit from parental leave for up to three years

In the event that an employee interrupts her maternity leave or leaves it early, giving another family member the opportunity to care for the child, it is necessary to fill out several more documents confirming the intentions of the employee and the employer. First of all, this is an employee’s application for early leave from vacation. A document confirming the termination of leave by the employer is an order for early termination of leave to care for a child under 3 years of age.

Please note that if we're talking about about leaving parental leave for a child up to 1.5 years old, then the only chance not to lose insurance payments- this is to come back from vacation and work part-time or register for home work. In this case, the employee continues to be on maternity leave and can continue to receive benefits. However, the employer has the right to refuse such an employee to work from home if she previously worked in the office.

Order to interrupt parental leave under 3 years of age: registration procedure

The employee is not required to notify the employer in advance of her desire to interrupt her vacation. She has the right to fill out an application on the current date and start working. However, in order to avoid conflict, employees usually provide a free-form application for early exit from parental leave. The manager remains to add an additional agreement to the employment contract with this employee on changing working conditions and issue an order for early termination of leave to care for a child under 3 years of age.

In the event that an employee returns from vacation on time, as soon as the period specified by her in the vacation application expires, an order to return to work after maternity leave is not issued separately. A sample order for returning to work from parental leave under 3 years of age is used only for early termination vacation.

A sample order for early return to work from parental leave is attached to this article in the “Sample Documents” section. The order is issued in free form, without the use of any unified templates.

If the employee expresses a desire to continue caring for the child, she will have to re-write the leave application, and the employer will have to start processing additional agreement on the cancellation of part-time work and issue an order that will confirm the continuation of parental leave.

So that a woman can regularly receive financial assistance upon completion, you must contact the head of the enterprise with an official. The director will have to issue an order to assign child care benefits up to 1.5 years old, a sample of which will be presented below, and begin paying the due amount.

Cash is provided to such employees until the child turns one year and six months old.

Let's take a closer look at how to correctly draw up such an order in 2017, and what should be contained in the document. In addition, we will pay attention to the size of the payment and the list mandatory documentation, which must be provided when placing an order.

The order to provide payment is administrative in nature and is drawn up in relation to the employee of the enterprise who submitted the corresponding application. This right is spelled out in labor legislation and is established not only for the mother of the baby, but also for other relatives.

For example, instead of a mother, a man who is the child’s father can apply at his place of employment. The child’s grandparents who are not pensioners have the same right. In other words, vacation and benefits are received by the person who undertakes to provide care for a small child during this period.

How is the payment amount determined?

The amount of the benefit directly depends on the amount of earnings that the applicant received over the previous two years. A coefficient of 40% is used for calculation.

It is this indicator that is used in calculations required benefits and is considered one of the constituent elements of the general formula:

Amount of earnings for 2 years/731X40%X30.4. As an example, let’s calculate child benefits for citizen M. Petrova.

• 312,000 rubles – salary amount for 2015;
• 421,000 rubles – the amount of earnings for 2016.
• (312,000 + 421,000)/731 x 30.4 x 40% = 1,002.73 * 30.4 * 40% = 12,193.27 rubles - the amount of the monthly childcare benefit for a child up to one and a half years old.

The benefit is paid every month until the child turns 18 months old. Further cash cease to be paid, although the woman may be on maternity leave for another 1.5 years. It is important that the employer pays money from own funds, and then submits an application to the FSS together with due calculation and receives reimbursement of expenses for insured events.

In what cases is an order required?

The order is not considered a mandatory and necessary document required to receive benefits, since this right assigned to a young mother on legislative level and should be performed automatically in any enterprise without taking any additional solutions and drawing up orders.

At the same time, on many large enterprises this document is necessary and is compiled in mandatory. Essentially, the paper confirms that the employee has grounds to receive monetary support and clearly establishes the timing of the provision of benefits. In the future, the document allows you to avoid confusion and conduct office work at the enterprise more efficiently.

Reasons for drawing up the order and who is involved in it?

Each document drawn up at the enterprise must have a basis certain reasons and also not to contradict legislative norms. In the case of receiving benefits, such a basis will be the package of documentation provided by the citizen when submitting the application. When forming an order, you must remember that all papers must be recorded as attachments.

The list of attached documentation includes:

1. An application on behalf of a woman requesting benefits.
2. A copy of the baby's birth certificate.
3. A certificate from the place of employment of the employee’s husband that he did not apply for leave or benefits.

The document must be drawn up on behalf of the head of the company, but the director himself is not required to draw up such an order. He can entrust this matter to his secretary or HR employee. It is important that the employee involved in the formation of the order has an idea of ​​how to correctly draw up similar documents. Once completed, the document is submitted to the manager for signature.

Features of drawing up an order

To correctly draw up such an order, you need to familiarize yourself with the tips below and a sample document. First of all, you need to pay attention to the essence of the order, since unified form today does not exist and many employers draw up such an order in any form.

A standard order is drawn up on a sheet of A4 paper, but it is allowed to write the document by hand or print it on a computer. The paper should not contain errors or inaccuracies, and the order itself must be certified by the manager. Printing is required only if this condition is specified in statutory documents enterprises.

The text must contain: the name of the document, organization, as well as the date and place of drawing up the paper. The main part indicates the reason for issuing the form and the full details of the employee. At the end of the order, the attached documents are listed and the director’s signature is affixed.

Conclusion

IN large companies To obtain benefits up to 1.5 years, a special document- order. The form is not considered mandatory, but can serve to streamline payments and monitor compliance with the employee’s rights prescribed in current legislation.

In order for one of the parents to apply for parental leave for a child, first up to 1.5 years, and then up to 3 years, if desired, you need to submit a corresponding application to the employer. Special requirements There is no need to write an application, it is written in free form with a request to provide leave and accrue a monthly allowance for child care up to 1.5 years.

The right to parental leave is guaranteed by the labor legislation of the Russian Federation, namely Art. 256 Labor Code. For the first 1.5 years, the parent has the right to receive a monthly allowance, then leave is provided for up to 3 years of the child with job preservation, but without payment of benefits.

The document basis for preparing the order is the employee’s statement.

To issue an order for child care leave, you can use the existing unified form T-6 or T-6a. The difference between these forms is the number of employees who want to receive leave. In the first case, leave is granted to one employee, and in the second - to several. The legislator allows not to comply with the above forms, but to write an order in free form.

You can download a sample of filling out an order for parental leave for a child under 3 years old using the link at the end of the article.

The employee, in addition to , must also provide the child’s birth certificate, and for calculating benefits up to 1.5 years, also a certificate stating that the second parent does not receive this benefit. The need to provide a certificate is due to the fact that either parent can arrange child care. In order to avoid double calculation of benefits, a certificate from the second parent’s place of work is required.

Sample of filling out an order for provision of parental leave

The form must indicate which employee is going on maternity leave, in which structural unit the person works and what position he holds. On the right side it is indicated Personnel Number employee.

It is very important to indicate the document number and the date of its preparation. Next, they prescribe the time that is given to the employee to care for the child (1.5 years or 3 years).

The next line is intended to indicate the reason why leave is granted to an employee of the organization and the number of days during which the woman can care for the child.

After completion of registration, the order form is presented to the director of the organization for signature. And then it is given to the employee for the purpose of familiarizing him with the document. After this, the employee signs the document.

In accordance with standards labor legislation, in particular - from Art. 256 of the Labor Code (LC) of the Russian Federation, maternity leave up to 3 years- this is a type of social guarantee that is provided at the place of work to employed citizens (, the father of the child, his relatives and guardians) at their request (by application) and is included on special conditions V seniority. When going on care leave immediately before the children reach 1.5 years of age, they are paid monthly social security benefit.

It should be noted that the woman in itself will receive in any case - it is guaranteed Russian legislation regardless of the fact of availability official employment before pregnancy and childbirth.

However, at the same time:

Sample application for parental leave

The document must contain the following information:

• to whom (name of the employer's organization, full name of the boss);
• from whom (applicant’s full name, position);
• title of the document (application);
• the essence of the issue (please provide parental leave with specific date before his third birthday, indicating his full name and date of birth);
• other circumstances (please assign both payments);
• list of attached documents;
• date, signature, surname of the applicant.

If the application does not specify the desire to receive monthly payments, then they will automatically will not be credited and will have to submit additional statement. Therefore, it is better not to forget to include this point in the text. The HR department will help you calculate the start date of the vacation period based on a doctor’s certificate.

Required documents

Everything here is extremely simple. The employer is provided with the following minimum documents, beyond which he cannot demand anything:

• statement;
• child's birth certificate;
• a certificate of non-use of parental leave by the second parent or other persons - from the place of work of the mother (father, or both parents), if the leave is taken out by another relative.

Sample certificate of non-use of vacation for up to 3 years

Order on granting leave to an employee

After submitting an application, a leave order. For the coming years, this document is the main one that regulates the relationship between the employer and the employee. A copy of the order is given to the woman.

It contains the following information:

• header (information about the employer, with or without details);
• name (order);
• the essence of the order, usually stated in the following points in accordance with the content of the employee’s statement:
  • on granting leave, indicating its start and end dates;
  • on the accrual of monthly benefits from the beginning of maternity leave until the month in which the child turns 1.5 years old inclusive;
  • on payment of compensation of 50 rubles until the 3rd anniversary;
  • about the need to accrue these benefits on a monthly basis established by law deadlines;
• the basis for issuing the order (statement of the employee);
• position and signature of the person who issues the order (the head of the enterprise);
• introduction list.

Sample order

It happens that a woman is on maternity leave with her first child and writes an application for leave with her second. Then the order indicates the start of the vacation on the day following the third birthday of the first child. After all, according to the law Two vacations cannot be issued at the same time.

Parental leave

The law establishes the right of a woman not only to go on maternity leave, but also to receive “vacation” social insurance benefits (in a certain size from salary for past periods) and compensation from the employer for parental leave. This money is paid monthly.

Thus, working when going on vacation for up to 3 years it is paid:

• monthly benefit of 40% of average salary(through the employer, but at the expense of the Social Insurance Fund of the Social Insurance Fund - that is, from the salary contributions of working citizens);
• compensation for parental leave in the amount of 50 rubles.

For comparison: can count on benefits for up to 1.5 years according to the law and unemployed citizens. However, they only receive minimum payments established amount from federal budget, for which you need to contact the Department of Social Protection of the Population (USZN).

Monthly benefit during carer's leave up to 1.5 years

The provision of monthly child benefits is regulated by Articles 13-15 Federal Law No. 81-FZ dated May 19, 2005 “On state benefits for citizens with children”. This money is paid at the expense of the Social Insurance Fund, but is transferred from the employer’s wage fund (then the transfers are offset between them).

Right to monthly child benefit provided to the mother or for those who have taken parental leave. It is paid from the beginning of parental leave, which follows maternity leave under the BiR, and immediately until the child’s 1.5 birthday. You need to apply for benefits within six months from the date of birth of the child.

Monthly benefit amount:

• amounts to 40% of average monthly earnings for the past 2 full calendar years;
• cannot go beyond minimum and maximum values , established for the current year in fixed size or based on the size of the insurance base established for each year;
• when paying social assistance for several children at the same time benefits are summed up, but this amount should not exceed 100% of the average monthly salary for the previous 2 years.

It should also be noted that benefits can be assigned immediately from the moment of childbirth to women dismissed during pregnancy upon liquidation of the enterprise.

Minimum and maximum benefits up to 1.5 years

Minimum and maximum size benefits are established taking into account mothers who, before giving birth, received, respectively, a very small or very large salary. These figures are specified in Law No. 81-FZ of May 19, 1995 and are subject to annual indexation.

• minimum allowance:
  • RUB 3,065.69 - for the first child;
  • 6131.37 rub. - for the second and subsequent children;
• maximum benefit:
  • RUB 23,089.04 - ordinary workers based on the size of the insurance base;
  • RUB 12,262.74 - dismissed during maternity leave or receiving monetary allowance at the place of duty.

Thus:

• during parental leave, one of the parents will receive a monthly benefit reimbursed to the employer from the Social Insurance Fund (SIF), in the amount of 40% of the average salary at work before going on leave, but less and not more than the specified minimum and maximum amount;
• the minimum payment will be assigned to those who, with too little official income, receive benefits that are less than the agreed amounts.

The State Duma is currently considering Bill No. 22852-7, introduced on November 8, 2016 by deputies from the LDPR party, which provides for:

• extension of payment of child care benefits until the child reaches 3 years of age;
• the minimum monthly amount at the birth of the first child will be increased to the minimum wage - 7,500 rubles, and for the second and subsequent children in the amount of two minimum wages - 15,000 rubles.

Monthly compensation 50 rubles up to 3 years

Monthly compensation payment is assigned upon application a mother who has taken parental leave from the day she was granted this leave. In accordance with Presidential Decree No. 1110 of May 30, 1994 “ About the size compensation payments individual categories citizens"(as amended), its size in 2017 excluding regional coefficients amounts to 50 rubles. This amount has not changed for more than twenty years.

• Payment is provided at the place of work from the employer’s personal funds - his salary funds.
• Unlike benefits up to 1.5 years, it has nothing to do with Social Security, that is is not a type of insurance coverage.
• Payment is not based on the number of children cared for, but upon being on vacation up to 3 years;
• If a woman is late with her application, compensation can be paid for the previous period(but no more than in the previous six months).

In addition, unlike payments up to 1.5 years monthly amount 50 rubles must be paid every employer. If a woman works several jobs, she can apply for compensation for each of them.

Money is transferred monthly until the end of the vacation period (until the child’s 3rd birthday or until the mother returns to work - whichever happens first). In addition, payment stops starting from the month following the one in which the any of the following reasons:

• dismissal of an employee at her own request;
• assignment of unemployment benefits to a woman dismissed due to the liquidation of an enterprise while on maternity leave;
• deprivation of mother parental rights and/or transfer of the child to full state support.

Documents for processing monthly payments

Scroll necessary documents for appointment is given in Art. 13 of the law on child benefits. When submitting an application (to be completed simultaneously with parental leave - see above), parents must provide to the employer:

• child's birth certificate (or court decision on adoption);
• Birth certificates of previous children may be required (if the mother is on maternity leave) previous child or the monthly benefit will be assigned in the minimum amount);
• a certificate of non-receipt of benefits from the main place of work, if payments are made at an additional place of work.

The right to a monthly benefit for up to 1.5 years when working from home or on a part-time basis

Dismissal while on parental leave

Employees who have taken maternity leave to care for a child are provided with social guarantees as maintaining your job until you go back to work(Article 256 of the Labor Code of the Russian Federation). That is, their can't fire at the request of employers or for any reason (reorganization, layoff, lack of work), except for the following:

• the employee’s own desire;
• complete liquidation of the enterprise if it is impossible to transfer a person on maternity leave to another job or provide him with other conditions in exchange for the liquidated position;
• termination of the activities of the individual entrepreneur.

In this case maternity leave is considered terminated, and monthly child benefits will be paid through social insurance.

It must be remembered that the guarantee of job security applies to both the main job and a part-time position (the scope of social guarantee measures depends on the type of document issued employment contract).

If your grandmother arranges your vacation

Labor legislation stipulates that formalize vacation period to care for the baby, in addition to the mother, maybe any working relative. He will receive child benefit based on his salary for the last 12 months.

At the same time, in Russia, it is most often the mother who goes on vacation instead of grandmother. She is free to exercise her right if the child's mother:

• went to work;
• has taken out labor and labor leave for her second child and is receiving maternity benefits for him;
• died, is incapacitated or deprived of parental rights, and the child’s father does not want or cannot arrange a vacation period for himself.

At the same time, if desired, the grandmother will also be able to continue working on a reduced schedule.

Grandmother or other relatives cannot go on parental leave if his mother works incomplete schedule and receives benefits for up to 1.5 years. In this case, it is formally considered that the mother has not renounced her right to leave, but can combine child care and work.

When taking leave for other family members need to remember:

if it is profitable or convenient for the mother, she can at any time take over the initiative from the grandmother and arrange a vacation for herself (but only if the child is under three years old). Then the relative will be allowed to go to work in accordance with labor laws.

Conclusion

By law, the maternity leave period lasts up to 3 years (and not up to one and a half, as is sometimes believed). Most often, the mother takes the leave, although the father, grandmother or other working relatives have the same right. If you wish to go on maternity leave, you must submit an application to your employer. Usually simultaneously with this are drawn up and due payments : monthly social benefit child care and compensation from the employer in the amount of 50 rubles.

You can take a vacation both after the birth of your own baby and after adoption. Women on maternity leave are provided with social preferences. In particular, they cannot be fired until they return to work. It is allowed to receive a monthly allowance and at the same time work part-time.