Going to work earlier, later and during maternity leave. How to get back to work after maternity leave

After returning from maternity leave, a woman (working under an employment contract) has the right to request annual leave from management. The registration procedure in this case occurs as usual.

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Labor legislation states that on the child’s birthday (when he is 3 years old), a woman still has the right to remain on maternity leave.

She should leave it only the next day. Moreover, she must return to the same position as before the vacation and do the same work.

General information

A young mother can take out her next annual leave immediately after leaving. And this is not affected by the presence of six months of time worked.

The legislation provides every citizen with the right to take annual leave, which will be paid by the employer.

On a general basis, its duration is from 28 calendar days. For citizens working in hazardous conditions, this period can be extended.

The law does not allow an employer to:

• independently reduce the amount of vacation;
• pay compensation instead of vacation;
• interrupt an employee's vacation without a valid reason.

But the employer (as well as the employee, if desired) is allowed to divide the vacation time into several parts.

Most often, for responsible employees in production, vacation is divided into two parts of two weeks.

A pregnant employee is supposed to be given leave, the basis for which is. The length of maternity leave may vary.

If no complications arose during pregnancy and childbirth, then its total duration is 140 days (70 each before and after birth).

After this, the woman receives the right to use maternity leave, which lasts until the baby reaches three years of age.

A woman herself must decide whether to go on maternity leave or not. She can also independently choose the date of her return to work.

Many young mothers, afraid of losing a good, well-paid job, provide care for their child to relatives or nannies.

In fact, the employer does not have the right to fire such an employee. Otherwise, she can defend her rights in court.

Basic Concepts

Maternity leave should not be confused with regular leave. They are not connected in any way. These are different periods of time, the payment of which also occurs in different ways.

During her work, a woman can receive the following types of leave:

In the latter case, the employer pays only for a period of up to 1.5 years. After this, the leave is unpaid, and the woman receives only compensation (about 50 rubles).

When it's laid

Every citizen who has worked for six months has the right to apply for another vacation.

During pregnancy, the employee immediately receives the right to use all of the above types of leave. And this does not depend on the number of days worked before.

This also means that a woman can take annual leave immediately after maternity leave ends or before it begins.

For an ordinary employee, the employer can replace unused vacation with monetary compensation. But this rule does not apply to pregnant women.

They can take leave before the start of the BIR leave or after the complete end of the entire maternity period (1.5 or 3 years).

Current legal framework

The issue is regulated by the following legislative acts:

The employer is obliged to comply with the law. Otherwise, he may face a fine or even be sent to correctional labor.

Submission procedure

To begin registering for leave, the employee must write to the director, expressing her desire to use this right.

The application can be written indicating a period of leave of three years, but the woman is given the right to interrupt it at any time at her request.

The secretary must endorse this document, after which it is transferred to the accounting department for accrual of funds. The timing of the vacation should correspond to the time of the birth of the child.

If a woman wants to take another leave after or before maternity leave, then she must write a second application.

If she wants to get two leaves together (maternity and annual), then she should write two applications at the same time.

If leave is granted immediately after maternity leave, then the application should be written three days before the end of the maternity leave.

This usually happens when a woman decides to quit immediately after the end of her vacation. This will allow you to extend your work experience by several weeks.

After receiving such an application, the employer cannot refuse his employee. He issues an order, which is sent to the personnel department and accounting department.

Necessary conditions for annual vacation

Most often, after returning from maternity leave, employees want to take annual leave in the following situations:

• registration of the next leave immediately after the end of maternity leave;
• a woman works part-time and at the same time receives child care benefits for up to 1.5 years;
• registration of leave to care for a baby up to 1.5 years.

The first case involves accrual of vacation pay according to the general scheme. To make the calculation, the accountant must take the period of work that preceded the registration of the maternity leave.

This does not include maternity leave. Also, a young mother has the right to work part-time during maternity leave.

In this case, she will be able to receive both child benefit and salary. When calculating vacation pay, accounting should take this into account.

Where to go

A woman must inform the head of the enterprise or the structural unit where she works about her intention to go on vacation.

In this case, a statement must be written, since an oral message has no legal force.

The application should be drawn up strictly according to the sample. The text must mention the proposals for legislation and indicate the reason for the request.

Depending on the internal regulations of the organization, the application can be submitted to the following persons:

• The head of the company;
• head of the HR department;
• to accounting;
• manager's secretary.

After receiving the application, in any case, the manager must affix a visa to it. In his absence, this can be done by an authorized person who has the right to sign.

How to calculate leave after maternity leave

Deadlines for compiling a vacation

It is important to remember that the start of maternity leave must coincide with the date of birth of the child. The same applies to exiting it.

The next annual paid leave may last:

If an employee has not been on vacation at all for several years or has not used it completely, then before or after maternity leave she has the right to use all the missed days.

Possible nuances

Legislation gives a young mother the right to add annual paid leave to maternity leave.

To do this, you should take the following steps:

• take leave before going on maternity leave;
• immediately after the end of maternity leave, take part or full leave;
• receive compensation for unused vacation due to dismissal.

All days included in maternity leave are included in the total length of service. Of these, only days of maternity leave are included in the length of service for calculating the next break in work.

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A young mother can take paid leave for previously worked immediately after maternity leave if she did not take it before going on maternity leave.

Also included here are the days that count as 140 days for pregnancy and childbirth if they were not used.

Women's rights

The procedure for calculating vacation pay and compensation for unused vacation is described in Art. 139 of the Labor Code of the Russian Federation and regulation No. 922 of December 24, 2007.

Disability due to pregnancy and childbirth

After registering with a medical institution, a pregnant woman, on the basis of the sick leave certificate issued to her, has the right to go on leave for 70 days before the birth of the child and 70 postpartum days.

If the birth was complicated, this period increases.

The formalities for obtaining such a break from work shall consist of:

• a statement in which the employee indicates the reason and time;
• an order from the manager, written on the basis of this application and a certificate of incapacity for work from the antenatal clinic.

At the end of this part of the maternity leave, you can extend your stay at home to care for the baby by writing an application addressed to the manager and asking him to provide her with the legally required maternity leave.

Benefit

The state guarantees a woman who decides to give birth to a child time of rest before and after childbirth, while providing her with...

People can get help:

• women who have an employment contract with an employer;
• expectant mothers are frequent entrepreneurs;
• full-time students;
• unemployed women with mandatory registration in the employment service.

Benefits are not paid to those who are not registered with the employment service.

Vacation after maternity leave

According to Chapter 19 of the Labor Code of the Russian Federation, everyone working at any enterprise has the right to an annual paid rest of four calendar weeks or 28 days. This is a basic value that may be increased due to unfavorable production conditions.

The employer can extend the statutory holiday at his own request, reflecting this in the relevant internal documents.

But he has no right to reduce it. By mutual agreement, the vacation can be divided into two parts and rest twice for 14 days.

The question often arises: is it possible to take leave during maternity leave? The law states that one leave cannot be granted while on another leave. Therefore, a woman can take another break from work before going on maternity leave, after giving birth, or at the end of maternity leave.

Is it allowed?

The Labor Code guarantees a woman on leave related to pregnancy and maternity an annual paid break from work, which she can take at will at any time before or after maternity leave, while observing certain formalities.

Conditions

If a pregnant woman did not take another vacation before going on maternity leave, she has the right to do so when she returns to work.

In the event that an employee decides to start working before the end of maternity leave, she must inform her manager about this in writing.

If her exit is dictated by the end of the maternity leave, then there is no need to write any statement about the start of work, since this is provided for by law.

How to take it?

You can take your next vacation in whole or in parts at any time convenient for the young mother after the end of maternity leave. The employer does not have the right to dictate his terms to her regarding the date and duration of the annual rest days.

If a pregnant woman wants to take advantage of the right to a legally earned break from work in order to have additional money, then it is better for her to do this before going on maternity leave, since vacation pay will be calculated based on the days worked over the last year.

In the case when a young mother wants to be able to care for her baby longer, it is better for her to take advantage of the right to another rest at the end of maternity leave.

Statement

You can go on another vacation according to an order written by the head of the enterprise. The order is drawn up on the basis of a statement written by the employee.

In the case of an annual paid holiday break, it has a standard leave application form.

A woman who worked at several enterprises before going on maternity must apply for all jobs.

Calculation

To calculate vacation pay in the standard version, the average daily earnings for the previous 12 months are considered. To do this, all earnings for this period are divided by 12 and 29.3. It is then multiplied by the number of rest days.

The return of a happy mother to her old workplace after maternity leave in most cases is carried out without the need to notify the employer about this fact. The procedure for entering the service itself can be formalized in different ways. It all depends on the reason for the woman’s return to her job duties and the type of leave.

Return to work – planned and early

Returning to your old job after maternity leave at the request of a young mother is permitted by Russian law at any time. A woman has the right to interrupt her leave for BiR (), UzR (to care for a child under 3 years old) when she needs it. Also, returning to your old position may be planned. Most often this happens when the baby reaches three or one and a half years.

Let's look at a simple example. The employee submitted a statement that she plans to return to the workplace after her baby turns 1.5 years old. The child was born on October 6, 2016. In accordance with the application, she must return from vacation on 04/07/2018. The law allows mommy to change her mind. If for some reason she decides to extend her vacation until the third birthday of the newborn, she just needs to write a new application on 04/07/2018. Then she will return to her previous duty station on 10/07/2019.

If you plan to leave maternity leave after the baby turns 3 years old, the company’s HR department does not formalize this fact in any additional way. The woman simply begins to perform her professional duties. She starts working the day after her baby turns 3 years old. An employee temporarily hired for her position is dismissed on the same day in accordance with Article 77 and Article 79 of the Labor Code.

When returning to work early, the situation is slightly different. The woman on maternity leave submits a corresponding application, and the employer is required to prepare an order for the employee to return from UzR leave earlier than scheduled. On the first day of returning to work, the employee signs this document. Even more red tape can arise if mommy decides to interrupt her B&R leave. Firstly, she will need to agree on her wishes with her employer. Secondly, the company’s accounting department will have to recalculate the pregnancy benefit paid in advance, part of which will have to be returned to a woman leaving maternity leave early.

Paper files - documents for going on and returning from maternity leave

The Labor Code describes all the features of the labor legislation of the Russian Federation, which applies to both pregnant women and young mothers. The document says that a woman only needs to present her employer with a certificate of incapacity for work issued by a gynecologist and write a statement in order to go on maternity leave. These papers are sufficient to apply for leave for the prenatal and postpartum periods. The organization issues a maternity leave order. The woman signs it and says goodbye to the company for a while, during which her workplace remains hers (Article 256 of the Labor Code).

Exit from correctly completed planned vacations is carried out without the need to fill out special documents. There are two options here:

1. 1. Return to the previous place after the end of the holiday according to BiR. Sick leave for normal childbirth is usually issued for 140 days. In case of pathologies and health problems of the mother (her baby after birth), as well as in case of multiple pregnancy, it can be extended to 194 days. When the specified time passes, the woman has the right not to take leave under UzR, but to immediately return to her job.
2. 2. Exit from maternity leave. The workplace will be waiting for the employee (happy mommy) in this case too.

We have already discussed the features of early return to work above. There is nothing more to add here, except that the application for an unscheduled return to the old position is written by the employee in free form. The law does not provide for any unified form of filling it out. The main thing is that the application indicates the date of return to service.

Sometimes a woman, for certain reasons, cannot return to work after maternity leave, although her leave to care for her child up to three years has ended. What should she do in this case? You need to write a petition to the employer asking:

• on registration of unpaid leave;
• about going part-time;
• on transfer to home-based performance of work duties.

Let’s say right away that everything here depends on the goodwill of the employer. He can satisfy mommy’s request, or he can refuse her. In the latter case, the woman is obliged to return to work on the day she returns from vacation. If she does not do this, she will be counted as absentee. The result is termination of the employment contract under Art. 81 TK. In cases where the management accommodated the employee (for example, allowed her to work part-time or from home), an additional agreement is signed between her and the employer, and appropriate changes are made to the personnel documentation.

The maternity maid's place is taken - what to do?

Sometimes the employer does not have time to pay for a temporary employee who occupies the position of a young mother, or is not able to provide the latter with a workplace for other reasons. What should a woman do in such situations? Be sure to go to work! Even if she does nothing within the scope of her official duties, the company will pay her a salary in the amount of 2/3 of her (average) earnings. This is stipulated in Art. 157 TK.

If management does not allow a young mother to enter her workplace or creates other obstacles, she must file a claim with the judicial authorities. In it, the woman will demand financial compensation for the time that she was unable to work due to the fault of the organization’s management. Such cases are rare in practice. Typically, employers strive to avoid bringing cases to court.

Most often, those returning from maternity leave are offered another position. If a woman agrees to such an offer, her new working conditions are formalized in an additional agreement. It is called a contract by agreement of the parties. Important! Mommy should not have medical contraindications to perform the new job. And, by the way, the specified add. the agreement is allowed to be signed while the maternity leave is on leave in Uzbekistan, and not precisely after her return to the enterprise. Such situations occur when an organization finds a more qualified specialist for a temporarily free position and does not want to let him go to another company.

If a woman is not satisfied with her new job and the employer decides to fire the young mother, it will not be so easy to do so. It will be enough for her to file a complaint with the Labor Inspectorate to get her position back. In addition, the law (Article 261 of the Labor Code) prohibits the dismissal of mothers with disabled minor children and single mothers with children under 14 years of age.

It is clear that there is little point for a woman to work in conditions of confrontation with her superiors. If the employer does not want to further cooperate with his employee, it makes sense for her to quit. But not by choice, but strictly by staff reduction or agreement with management. Then, when she registers with the Employment Center, she will receive high unemployment benefits. Payments will be significantly greater than in cases where an employee leaves the company of her own free will.

Any happy mother should know her rights. Then her return to work after maternity leave will bring her extremely positive emotions.

• Leave date

Every woman goes back to work after maternity leave in her own way. Some continue their work as before, while others face certain problems that prevent them from returning to work.

The Labor Code contains certain clauses that are aimed at supporting working women with young children. They must be provided with special conditions at the enterprise. The management of the company where the woman works should remember this. Accountants and HR workers need to properly prepare documents to renew employment relationships with employees who have gone on maternity leave and are raising a small child.

Leave date

A woman can be granted several types of leave during pregnancy and caring for her baby until he turns 4.5 years old.

First of all, a pregnant employee is provided with sick leave for 140 calendar days. This period is divided into two parts of 70 days. Of these, one half is considered prenatal, and the second is considered postpartum. This number of days is only relevant if no problems arose at the birth of the child. If necessary, another 16 days of sick leave can be added to this period. If one mother gives birth to twins, the number of vacation days is extended by 54 days.

At the end of this period, a woman can take out maternity leave for up to 1.5 years, and then extend it until the child turns 3 years old. If absolutely necessary, a woman can extend her leave to 4.5 years. However, this period will not be paid. Here we are talking exclusively about maintaining a job and extending work experience. Maternity leave is extended, as a rule, for medical reasons.

When calculating the amount of benefits for caring for a child up to 1.5 years old, it is necessary to accurately calculate the end date of the vacation. This period ends exactly on the day when the baby turns one and a half years old. For example, the baby was born on February 15th. This means that on August 15 next year he will be exactly 1.5 years old. Thus, the benefit for July will be paid for only 15 days.

It’s a little easier with a vacation of up to 3 years. If a woman has no reason to extend maternity leave until the child turns 4.5 years old, she must begin her duties on the next working day after the child turns 3 years old. If it falls on a Friday, the job must be taken on Monday.

Before going on maternity leave, a woman needs to write an application addressed to her boss, where she must indicate the end date of the vacation period and the date when the young mother will return to work. The HR department issues an order for maternity leave. An application for all types of vacation can be written immediately or the vacation period can be extended as needed.

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Registration of extension of maternity leave and return to the workplace

If the employee decides not to write a statement for the entire period at once, then she will have to extend this period as the previous vacation comes to an end. HR employees should carefully make all changes to documents to avoid confusion in the future.

If a woman decides to return to her workplace without extending maternity leave, then no additional paperwork is needed.

There is no need to create an order for the employee to return from maternity leave. While a woman is on maternity leave, she must retain her job. As soon as the vacation period comes to an end, she has the right to return to work and begin performing her duties.

If a young mother decides to go to work early, she needs to complete some paperwork. This is necessary if an order for the provision of leave was previously drawn up. For example, a woman could write an application for leave to care for her baby until he turns three years old, but decided to return to work when the child turns two.

In such a situation, the employee needs to write an application for an early return to work from the required maternity leave, and the head of the enterprise must draw up an order, which must indicate the date of release.

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In some cases, an employee's early exit becomes very beneficial for the company. This applies to those options when very valuable employees are hired, and after some time they go on maternity leave. However, most of these situations become a real headache for management. The main problem is that during the period when a woman is on maternity leave, another person employed under a temporary contract does her work. As a result, he must be fired ahead of schedule in order to provide the young mother with her previous position.

There is no clear answer to this question, since from the Russian legislation there are two opposing points of view. On the one hand, a woman has the right to take advantage of her legal leave, both in full and in part. However, no one obliges the employer to give a positive answer regarding the employee’s early return to work from maternity leave.

It is also worth noting that an agreement was signed with an employee who managed to get a temporary contract for a certain period of time. The document must indicate the end date of the employment contract, so formally the employer does not have the right to dismiss a temporary employee ahead of schedule, even if the permanent employee decides to return from maternity leave.

To avoid such misunderstandings, company managers often insert special wording into the contract, the essence of which is that the temporary employee will be provided with a job until the employee returns from maternity leave. To save yourself from possible problems in the future, you should not indicate specific dates.

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If it is not possible to provide the same job?

During the period while a woman is on maternity leave to look after her baby, she must retain her job and position.

However, in some cases, providing the old place becomes impossible, and then the woman has to think about how to find a job after maternity leave. If the reason for this is the employer, he is obliged to pay the woman compensation in the amount of 60% of the average salary. At the same time, you cannot delay payments, as penalty interest will be charged for this.

If an employee is not at work due to her fault and without a good reason, downtime is not paid.

As you know, finding a job after maternity leave is quite difficult, and in cases where providing the previous job is impossible, the employer can try to negotiate a transfer with the employee. It is quite possible that there will be a vacancy in another office, which is located closer to the woman’s home, or a position will appear in the department with fewer responsibilities, but a similar salary.

If an agreement is reached, the transition from one workplace to another must be properly formalized. The translation is made by agreement of the parties.

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Increase in salary after maternity leave

During the period while a woman is on maternity leave, the company may increase wages. In this case, the employer may have a question as to whether it is necessary to raise the salary of a woman who has returned from maternity leave.

Russian legislation states that changes in the staffing table of an enterprise and an increase in the salary for a certain position apply to each employee occupying a specific position. Those persons who are on vacation are not an exception.

If the company increased wages, but an employee on maternity leave was spared, such a situation can be designated as discrimination in the field of wages.

New impressions or how to return to work after maternity leave

To work from maternity leave

If you are a happy mother on “legal” maternity and paid leave. then when the child reaches 3 years of age, he will have to again plunge into the routine of plans, reports, productivity, sales and other difficulties - he will have to go to work.

How to return to work after maternity leave?

What clauses are present in the Labor Code? What to do if the employer refuses?

How to overcome your fear and doubts? How to separate from a child? Will such separation from the mother cause health problems and emotional discomfort?

The questions can be listed endlessly. The main thing is to understand that going to work entails stress and enormous household chores. A working mother must manage everything, everywhere, and fulfill her duties impeccably.

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The procedure for returning a maternity leaver

As soon as a woman becomes pregnant, she must register with the antenatal clinic and be sure to notify her employer about the interesting situation. In the future, the woman first takes the appropriate certificate from the doctor leading the pregnancy and provides it to the employer.

This happens before going on maternity leave. At the same stage, she needs to write an application for maternity leave for a period of 3 years - as stated in Article 256 of the Labor Code of the Russian Federation. Once all the documents are completed, the woman is sent on leave, but her position is retained.

If the entire procedure for going on maternity leave took place in the presented sequence, returning to work will not be difficult - the young mother simply comes to the enterprise on the day indicated in the order and begins her duties according to her existing position.

This is a direct answer to the question of how to return to work after maternity leave 3 years later. The regulation of the presented procedure is carried out by the Labor Code - Article 256.

What if the place is busy?

Employers like to use the argument that they refuse to allow a woman to return after maternity leave by saying that in her place there is already an employee who is doing an excellent job. This is completely illegal.

Employers are forced to hire a new employee or shift part of the work to existing workers. When hiring a new employee, the employer must draw up a fixed-term contract, which does not indicate the end date, but specifies “until the main employee leaves.”

This means that when the main employee returns to work, the temporary one is immediately fired. If desired and possible, he can be offered another position, but it is impossible to leave him in the position of a woman on maternity leave.

What is the employer obliged to do?

Every employer must work in accordance with the Labor Code of the Russian Federation. In the case of regulating issues of pregnant women and employees on maternity leave, it is necessary to be guided by Article 256 of the Labor Code of the Russian Federation. This lists all the obligations that an employer must fulfill. The main ones include the following basics:

• The employer must maintain a job for the woman on maternity leave.
• During maternity leave, a position should not be reduced or replaced in order to hire another employee.
• The decree provides a certain guarantee in the prohibition of dismissal from the enterprise.
• An employer cannot hire a new employee to fill the position of a temporarily departed woman on a permanent basis during maternity leave.
• When a woman leaves on maternity leave, employers are obliged, even if she did it ahead of time, to provide her with the same position as before.
• Employers do not have the right to reduce the wages of an employee who has just returned from maternity leave, arguing that this is due to the previous tariff rates.

Read also: Notification of changes in the terms of the employment contract

If a woman returns from maternity leave exactly at the specified time to work, she can count on her previous position with a new tariff rate of remuneration, which is in force at the enterprise at the time of leaving.

Early return from maternity leave

According to the Labor Code of the Russian Federation, a maternity leave is presented for two periods - for a period of 1.5 years and for 3 years. If desired or necessary, the woman indicates the period of maternity leave in a statement, which is signed by the employer unconditionally.

But sometimes women prefer to hire a nanny for their child and go to work earlier than expected. How to return to work after maternity leave of up to 1.5 years?

Not much time has passed, but during this time the employer has already found a temporary replacement, promising the new employee the opportunity to work until a certain time - this is indicated by the maternity leaver herself in the application. What should the employee and the woman on maternity leave do?

A woman who wants to leave maternity leave early must write a corresponding application addressed to her employer with a desire for early exit. The application indicates the date and form of employment - full-time, full-time.

Upon completion of the application, a new order is prepared, which is signed by the employee as a sign of familiarization and with confirmation to assume previous responsibilities ahead of schedule.

On the day specified in the application. the woman returns to work in her previous position and begins her direct duties. An employee who temporarily performed the duties of a “maternity leaver” is fired. If possible, they are simply transferred to another position.

When returning to work early, the employee is subject to the same requirements both in work and in the required visiting schedule. If a woman’s child is sick, she can go on sick leave with him.

It is prohibited to leave the workplace temporarily again without appropriate statements and certificates. The argument “I left maternity leave early” is not taken into account - immediately after signing the order, maternity leave ends.

Possibility of part-time work

According to the same article 256 of the Labor Code of the Russian Federation, a woman on maternity leave can go to work part-time.

This can be achieved by writing a corresponding application addressed to the employer.

After the application, the employer draws up an additional agreement to the current employment contract.

After agreements with the employee, the agreement specifies the following basis for further work activity:

• employee’s working hours – hours of arrival and departure are indicated
• how many days a week will the employee work to fulfill her duties?
• work and rest schedule - a possible or mandatory lunch break is indicated
• remuneration – a fixed rate of remuneration for one hour of work is indicated

If she wishes to go to work part-time and draws up an additional agreement, the employee must fully comply with the conditions specified in the documents. Absence from work on one day must be compensated by working hours on another day.

In the absence of compensation, the employee may be reprimanded for violating labor discipline. The arguments “I’m on maternity leave” are not taken into account.

If a woman returns from maternity leave full-time, even early, child care benefits are terminated. Benefits are paid only in case of part-time work until the child reaches 1.5 years of age.

What if they don’t hire you back to your previous job after maternity leave?

Not all employers are so honest with their employees - some simply refuse to allow them to return to work after maternity leave, even on time. The arguments are different: there is no space, the reorganization that has taken place, possible frequent sick leave with the child and other facts. What to do in this case?

There are two ways out of the situation. The first is the need to visit the labor inspectorate and write a complaint against your employer. Labor inspectors will conduct an “investigation” and force the employer to rehire the employee.

The disadvantage of such a return is the lack of personal desire of the employee to work after such a release after maternity leave.

There is a second option, perhaps the most beneficial for the employee herself. Here it is necessary to agree with the employer on dismissal by agreement of the parties or upon the fact of layoff. In this case, when a woman joins the labor exchange, she will receive higher amounts of unemployment benefits.

The second option is the most successful, although you should not give up without a fight - the employer is obliged to reinstate you to your previous position, so you have the right to demand compliance with the rules and regulations of the Labor Code of the Russian Federation.

Psychological side of the issue

Going back to work after maternity leave is not so scary from the point of view of registration and drawing up a labor basis. What is more terrifying is the thought that you will have to completely change your previous and already familiar way of life.

If previously you were with your child 24 hours a day, now you will only spend the evenings with him. This is the first fear of a new mother - they are bored and worried about their child, as a result of which work does not go well.

The second fear of a young mother is to return to her previous place of work, where a lot has changed, new employees have arrived, the manager may have changed. Often, enterprises undergo reorganization, which forces those on maternity leave to take a new position. Combined with concern for the child, it is impossible to quickly and intelligently delve into new responsibilities. What should I do?

Go explore

To intelligence at the previous place of work

In order not to be discouraged on the first day of work, it is better to find out all the features of the job in advance.

Go to work as a “guest”. Visit the HR department to clarify the remaining position and details.

Visit your previous place of work and meet the employee who replaced you during your maternity leave.

Perhaps he will tell you about all the nuances and changes in your position.

Call work colleagues with whom you were unable to speak at work.

In a friendly and relaxed atmosphere, they can tell you more interesting information, and will also tell you all the rumors and gossip that you should sometimes know to prevent mistakes on your part.

As a result, before leaving maternity leave, it is important to find out the situation at work. If working conditions have become harsher, it will be easier to prepare for them in advance at home.

Independent preparation for difficulties

Of course, at work after maternity leave you will have to face a lot of difficulties. This includes ignorance of new employees, forgotten skills, the introduction of new technologies, simple child care, fatigue from household chores, and much more.

To partially or fully prepare for leaving maternity leave. Make a list of possible difficulties you may encounter. Try to solve them in advance:

• send your child to a good kindergarten, hire a nanny or trust your grandmother
• reconsider your household chores - the fact that you don’t wash the floors every day because you go to work will not make your house dirtier
• shift some of the household chores to your husband - for example, let him do the shopping
• meet new employees
• familiarize yourself with new programs or equipment - you can find information on the Internet and study the instructions in detail
• remember everything you did at work earlier

Careful preparation will prevent emotional and physical fatigue in the first days of the work week.

What should you be prepared for?

Returning to work after maternity leave is a complete change of the previous rhythm of life, priorities, opportunities, goals. What to prepare for in advance? Psychologists highlight the following inevitable changes in the life of a former “maternity leave”:

• Change of environment - if previously for years a woman was mainly at home, now she will have to be in a foreign environment most of the time. This often leads to emotional depression, jet lag, and often health problems.
• A change in personal status - now the woman is not a housewife who sat “on the neck” of her husband, but a self-sufficient young mother. Often, such changes make a woman “arrogant” - she stops running the house, looks after the child less, arguing this with work and high income (bringing money into the family). With a rather harsh character, quarrels with her husband are not excluded, who is not ready to “reduce his appetites” in the house, in cooking.
• A change in the rhythm of life - now a woman will have to do everything faster, because previously it took her the whole day to complete all household chores. Now it’s just an evening, during which it is necessary to prepare dinner, get the child ready for tomorrow’s trip to kindergarten, clean the house, play and take a walk with the child, and spend time with your husband and yourself.
• Changing your relationship with your child - yes, after going back to work you will have to devote less time to your child. If the baby is vulnerable and strongly attached to the mother, this can negatively affect the baby’s emotional state and his health. The mother’s task is to communicate with her child as much as possible in the evenings. You must let him know that mom’s attitude has not changed, but her care and love have remained at the same level.

The listed changes in the life of a former maternity leaver are just the main and most common ones. Often, women face smaller problems, but in the absence of preliminary preparation, they become global and insoluble.

Psychologists say that three years away from work requires the same amount of time to return. Therefore, it is recommended not to get out of the working rhythm, but rather to constantly be aware of events. Communicate with employees, learn about changes and implementations.

Returning to work after maternity leave is always stressful. Stress for the youngest mother, for the child, for the husband and even for pets. Stressful situations must be resolved together with the family - with the husband, with the parents.

The support of loved ones is the best way to smooth out rough edges - after the first day of work, a woman will “wind up” herself with unfulfilled tasks, comments from the manager or other employees. Only warm words, words of support and partial help with household chores will help you cope with changes after a long period of calm.

How to go back to work after maternity leave, a psychologist advises in the video:

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Going to work earlier, later and during maternity leave

How to return to work after maternity leave? It all depends on the period in which the employee decided to begin performing her work duties, and in what mode. There are two options - at the end or before the end of the vacation period. Let's look at each case separately.

Returning to work after finishing maternity leave

To begin with, let’s take a tour of history, or, more simply put, let’s remember how this period of work was formalized. The expectant mother provided the employer with a certificate of incapacity for work, according to which maternity leave was issued. At the end of this period, the maternity leaver wrote a statement. Based on the facts presented, the management of the enterprise issued an order to grant the employee maternity leave for up to 1.5 years, and then, possibly, until the baby is three years old. If a woman expressed a desire to use both types (up to 1.5 years and up to 3 years), then, accordingly, two orders with specific dates were issued in this regard.

Read also: Characteristics of the employee

Why did we remember the whole story? In order to reach the date in the issued order. It is the day following the end date of maternity leave reflected in the order that is the first day the employee goes to work after the end of maternity leave. No additional documents are required. The employee begins her previously performed work duties.

Returning to work during maternity leave

In accordance with the Labor Code of the Russian Federation, an employee can leave maternity leave before its end. In this case, the employee’s wishes are taken into account. The work environment and the employer's opinion do not matter. The law in this case is on the woman’s side and gives her the right to choose.

In order for the employee to begin fulfilling her work obligations upon early departure from maternity leave. she needs to notify the employer by writing a statement. The application is written in free form, indicating the desire to start work and the start date of work. Based on this statement, the head of the organization issues an order to stop the rest and start work for the returning employee. This is necessary in order to adjust an existing order by changing the dates. The employee must familiarize herself with this document within three days and confirm this with her signature.

In addition to the right to early leave from maternity leave, a woman has a choice regarding her work schedule. In accordance with Article 256 of the Labor Code of the Russian Federation, if an employee leaves early, she has the right to part-time work or to work from home. In this case, only her desire is taken into account. The opinion of the party providing her with work does not matter. If such a desire or need exists, they must also be reported to the employer in the submitted application. And the subsequent order will have corresponding content.

Before going to work part-time, an additional agreement is concluded between the employee and the employer to the existing employment contract. It must reflect the conditions of this cooperation: term, duration of the shift, length of the working week, work and rest hours, wages.

Protecting the interests of the mother while working part-time, the law reserved her the right to receive child benefits. If the employee returns from full-time maternity leave, then in this case the statutory payment of child care benefits is terminated.

Another nuance that a woman on maternity leave needs to know. Regardless of when the employee decided to return to work and what work schedule she chose, the employer is obliged to provide her with the position from which she went on maternity leave. References to production needs, changes in management, etc. are not acceptable. Otherwise, the disadvantaged employee may file a complaint with the labor inspectorate.

Also, if a woman is on maternity leave, she does not have the right to be laid off, transferred to another position, or fired. An employee who will perform her job duties can be hired in her place only during maternity leave. In this case, they do not have the right to register a slave on a permanent basis. When a maternity leave worker returns to work, the employee replacing her quits, and the workplace is given to the previous employee.

Returning to work later than the end of maternity leave

There are cases when, for personal or family reasons, an employee is not able to go to work on time. How can this situation be resolved in this case? In this case, the woman can take the next rest period due to her by law, if it has not yet been used. The employee communicates her desire to be granted another leave in writing by submitting an application addressed to the company management. After which the head of the organization issues an order, and the mother’s maternity leave is extended for the next period of rest.

If it is impossible to use the next vacation, the employee can apply for vacation at her own expense. In this particular case, the employer’s desire is at the forefront. If this issue is resolved positively by management, the maternity leave is extended through rest without pay. This is documented in exactly the same way as in the previous case.

All the previously described rights and opportunities of a mother upon leaving maternity leave apply to anyone who uses maternity leave. Such persons may be a father, grandmother, grandfather, guardian or any other relative who has taken leave as required by law.

The law protects the rights of employees who decide to give birth to a child. You just need to know these rights and not be afraid to defend them.

How to register for going back to work after maternity leave?

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Returning to work after maternity leave carried out, as a rule, without prior notification to the employer. At the same time, depending on the type of leave and the reason for going to work, there are several ways to register this fact. You will learn more about all the features from this article.

Exit from maternity leave: deadlines, registration procedure

Returning to work from maternity leave possible at any time when the employee needs it. Thus, she can interrupt the registered leave not only for child care (hereinafter - UZR), but also for pregnancy and childbirth (hereinafter - M&R). In addition, going to work may be planned, for example, after the child reaches 1.5 or 3 years.

For example, if an employee, after giving birth, wrote an application for leave under UzR until she reaches 1.5 years, and the date of birth of the child is 05/05/2015, then she will need to return to work on 11/06/2016. But since this date falls on a Sunday, going to work should occur the next day - 11/07/2016.

The employee has the opportunity to extend her UzR leave until the child’s 3rd birthday (the right is granted by Article 256 of the Labor Code of the Russian Federation), which means that she can submit another application in which she will notify about returning to work from leave on 05/07/2018. Since 05/06/2018 is Sunday, going to work should occur the next day - 05/07/2018. The employer cannot deny her the exercise of this right.

IMPORTANT! If the employee (s) goes to work after the child reaches 3 years of age, the employer does not need to document this fact in any way. But if leaving the leave occurs early, then the employer, based on the application submitted by the employee, issues an order for his early return to work from the registered leave under the UzR. It is mandatory for the employee to familiarize himself with this order and sign it.

How to return to work after maternity leave

In general cases there should be no difficulty at all in how to get out of maternity leave when the child reaches 3 years of age. The employee simply goes to work the next working day after the child's 3rd birthday.

It’s another matter if there is an early exit from vacation. In this case:

• the employee(s) must submit an application and report that from a certain date he will interrupt his UzR leave and go to work;
• the employer, based on this application, issues an appropriate order.

There is no statutory period during which the employer must prepare a workplace for an employee returning from maternity leave. In Part 2 of Art. 256 of the Labor Code of the Russian Federation states that UzR leave can be used either in full or in parts, and there is not a word that the employer must be notified in advance to prepare the workplace. So it is better to spell out this unclear situation in a local regulatory document in order to preliminarily resolve all controversial issues regarding personnel records.

A temporary worker hired to replace an employee on maternity leave is dismissed on the day when the person on maternity leave returns to his workplace (part 3 of article 79 and clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation). An employee’s departure from maternity leave can occur on the day of filing the appropriate application for early termination of leave, if so desired.

The situation is different with early exit from leave under the BiR. In this case, consent to interruption of vacation from the employer is required. And in general, such a practice of interrupting vacation under the BiR is not welcome due to the need to reimburse benefits paid in advance.

Working after maternity leave by law

Since the legislation does not disclose what exactly falls under the definition of “maternity leave” (there is no such term in labor law), in practice this phrase refers to both “maternity” leaves: in BiR and in Uzbekistan. The conditions for leaving each type of leave are slightly different.

Let's consider both options.

Returning to work from leave under BiR

Labor leave is granted on the basis of a certificate of incapacity for work. After completing the leave, the most common duration of which is 140 days, the employee can immediately go to work without taking out the next required leave under the UzR.

In this case, the employee retains her job, because she was actually on sick leave (leave for medical reasons).

Returning to work from vacation in UzR

While an employee is on UzR leave, he is guaranteed to retain his job (position). This is stated in Part 4 of Art. 256 Labor Code of the Russian Federation. This means that, upon returning from vacation (either after the child reaches 3 years of age or ahead of schedule), the person on maternity leave begins to do the same work as before the vacation.

After leaving leave under the BiR until the child turns 3 years old, the employee can go on leave under the UzR at any time, even if she did not write a corresponding application immediately after giving birth. An employee on UzR leave cannot be fired (unless we are talking about the liquidation of the company), or transferred to another job without his consent.

What to do if you can’t go to work after maternity leave

If for some subjective reason an employee cannot go to work on time (after the child turns 3 years old), for example, he was unable to get a place in a kindergarten, he can:

• Apply for leave without pay. After submitting the application, the employer makes a decision to refuse or grant such leave.
• Ask the employer to transfer to home work or change the work schedule by switching to part-time work. And in this case, everything will depend on the goodwill of the employer, with the exception of the situations listed in Art. 93 Labor Code of the Russian Federation.

In the event that the head of the company does not agree with the request to change the work schedule or grant the next vacation, absence from work after the end of the UzR vacation will be regarded as absenteeism with all the ensuing disciplinary consequences (Clause 6a, Part 1, Article 81 of the Labor Code of the Russian Federation) .

First, let's figure out what maternity leave is and what it is eaten with. According to the Labor Code of the Russian Federation (Articles 255 and 256), the entire period, which we simply call “maternity leave,” consists of two parts.

• The first is maternity leave. Provided for a period of 140 to 194 days, depending on the course of pregnancy. In fact, this is an analogue of sick leave.
• The second is parental leave for up to three years. Moreover, benefits are accrued up to one and a half years, but after one and a half years they are not accrued. This leave can be used not only by the mother, but also by the father and grandparents of the child (if they actually care for the child).

You you can go to work any day, notifying the employer in advance with a corresponding statement, and not wait until the child turns three years old.

And you obliged go to work the day after you celebrate your child’s third birthday. From this day on, the vacation ends; failure to show up for work will be considered absenteeism.

Can you be fired?

Someone is afraid to go to work because they don’t want to be separated from their child. And someone is worried that on the first day after maternity leave they will receive a work book in their hands.

An employer cannot fire you during maternity leave until the organization itself is liquidated.

If you went to work earlier and your child is not yet three years old, you are also relatively safe. According to Article 261 of the Labor Code of the Russian Federation, an employer can terminate employment relations with you on its own initiative if the organization is being liquidated or if you have grossly violated labor discipline.

But when the child has grown to three years old, the employer will hire you at least the next day (exceptions are single parents, breadwinners of large families and parents of disabled children).

Only women who have entered into a fixed-term employment contract need to worry. If it has ended, you may receive a notice of termination. The employer is obliged to extend the term of the contract only for the duration of pregnancy, but not for the period of maternity leave.

How to get to work and stay there

From the manager’s point of view, the situation with the mother who came after maternity leave is ambiguous. An employee who worked in the required position for three years got used to it and showed his best side, while the employee, after a long break, still needs to restore her qualifications and get into the working rhythm. According to the law, a new position cannot be given to a “maternity leaver”; the mother returns to the same job from which she went on vacation. In addition, everyone is afraid that young mothers will more often disappear on sick leave and ask for time off to attend matinees.

What does this mean? That you will have to get to your workplace in advance and talk with your boss, and not wait until the end of your vacation.

Indicate your desire to return to work and defense, talk about the conditions under which you will start working again. Perhaps after such a conversation you will draw conclusions whether it’s worth getting your office suit out of the closet or whether it’s time to look for a new place.

Find out what has changed in the workplace while you were away. Who came to the team, which of the old guys stayed in their place, who received a promotion. Ask how the organization is doing: is it planning to expand, enter new markets, or, conversely, is there a period of austerity ahead on everything.

Read professional literature. This is useful in order not to miss important information and to keep the brain functioning in working mode.

Look for professional communities, watch videos. This way you can keep your finger on the pulse of your field.

How to prepare for the new regime

If after your child’s third birthday you take him to kindergarten for the first time, and you cheerfully run to work, everything will be bad, really. A week after the abrupt start of the new regime, a disaster awaits you: the house is a mess, the child is upset, you are squeezed like lemon, you are unhappy at work. Prepare your body and family for changes before they hit you.

Solve the issue with the kindergarten and nanny in advance. The child will need to get used to the new environment and routine. In 99.9% of cases, morning tears await you. Prepare your child for new circumstances and devote some time to him in the evenings.

Get up earlier. If you used to get ready for work, say, in 15 minutes, but you can get your child ready in 30 minutes, then the formula for calculating the time will be: (15 + 30) × 2. And this is also the minimum margin. You will always have something going on that might cause you to be late. Because the law of meanness works without interruption.

Distribute responsibilities. Parental leave usually includes taking care of the house. Now you won't have enough time to do everything at once. Ask for help and distribute responsibilities among family members so you don't go crazy with the workload.

Put off new tasks for later. If the new regime is difficult, no one even thinks about additional activity. But sometimes women experience a frantic surge of strength. Finally, there is so much to do! There is a desire to visit all the exhibitions, go to training or foreign language courses every day. Especially if you were completely focused on motherhood.

The body's resources are not infinite, you will fly and flutter for a couple of months, and then you will be so tired that you will not even have the strength to do what is necessary.

In this situation, the principle “if you drive more quietly, you will keep going” is revealed in all its glory. Do you want to move mountains? Roll up, but gradually. First, learn to distribute time between home and work, and when you feel that there is a lot of energy left, look for a use for it.

How to behave at work

After a long break, going back to work feels like entering another world. You will be afraid and worried about the quality of your work and your knowledge. Try to calm down. You return to the same place of work you left. You have already started working in this organization once. And nothing terrible will happen to you.

Ask questions and don't be afraid to show that you don't know something. It’s better to ask and do it right than to redo it later. And the more questions you ask, the faster you will catch up with your colleagues.

Learn to remain silent about personal things. Everyone talks about what worries them, and you will worry about the child.

I remind you. To the question “How are you?” you need to answer: “Thank you, good! What about you?". And don’t tell us how you really are doing.

Don’t tell every colleague the details of your family life; not everyone is interested in hearing when your child took his first steps (to be honest, almost no one is interested in this).

Follow the dress code. Even if the company has casual clothing, a business look will help you get in the mood.

What to do if there is no one to leave your child with?

The reality is that not everyone is lucky enough to have kindergarten even by the age of three. Sometimes there is no one to leave the child with, or a ticket to a preschool institution will appear in a few months, but you need to go to work. Unfortunately, in this situation there are few options:

• Look for a nanny.
• Agree with the employer about the possibility of remote work.
• Write an application for unpaid leave for the required time.

You can start working before the end of your maternity leave on a part-time basis. Of course, you need to agree on the issue with the employer.

You will only have to rely on good relations with your superiors and your value to the company. So all the tips given above are quite suitable in your case.

And we won’t go to work!

What to do if you are not going to work? Typically, women who were on maternity leave are concerned about the exact opposite question. Therefore, those who decided for some reason to postpone hard work find themselves left behind.

How to part with work correctly? Try to maintain warm relationships at work. What if you decide to return?

The most professional solution would be to announce your intention in advance so that the employer can prepare and find a replacement for the employee. Or didn’t kick out the one who already works in your place.

Deliver the news personally. On the one hand, everything with us is entirely paper-based, and by law you can communicate with the employer exclusively with the help of statements and “”. Moreover, you are required to notify your decision to leave your position in writing. But it is humanly important that a conversation be attached to the letter and application. A personal conversation is not always possible (for example, you have moved or you have no one to leave your child with), but at least call.

Count your payments. If you decide to quit after maternity leave, make sure that you are paid all compensation if you did not go on leave before going on maternity leave. Moreover, the first part of the maternity leave (maternity leave) is included in the vacation period, the rest are not.

Banish the feeling of guilt. If it seems to you that you are letting someone down with your decision, that the work cannot be done without you, it seems to you. While you were on maternity leave, everything functioned without your presence; your dismissal will not destroy the organization.