It is undeniable that the activities of military personnel are one of the main ones in the Russian Federation, as they are associated with the protection of the sovereignty of our country.
Moreover, this activity is associated with a threat to the life and health of a serviceman, which requires the state to provide additional social guarantees for these persons; we will consider one of the specified guarantees as annual paid leave in this article.
In addition, military personnel are provided with parental leave, maternity leave, as well as leave for the period of training.
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Legislative regulation
The legal relations governing the provisions regarding leave at the birth of a child are reflected in Art. 256 of the Labor Code of the Russian Federation. It indicates who can take it and on what grounds, plus it talks about the social guarantees provided .
Specifies the legislation and nuances regarding the accrual of cash payments to a person going on vacation:
- about the child care allowance accrued every month, the amount of the latter and the period after which its payments cease from Art. 13-15 of Law No. 81-FZ of May 19, 2005;
- of compensation payments received each month is reflected in Presidential Decree No. 1110 of May 30, 1994;
- and Art. will tell you about the order in which benefits are calculated and paid. 13 of Law No. 225-FZ of December 29, 2006
Amount of care allowance up to 3 years
A young mother has the right to receive various benefits until the child reaches three years of age. The legislation provides for several types of social payments:
- The first payment in the amount of 613 rubles is due when a pregnant woman first registers at the clinic.
- When maternity leave occurs, a woman is paid one hundred percent of the average salary she received over the last two years.
- If a pregnant woman is the wife of a conscript serving, she is entitled to a lump sum payment, the amount of which reaches almost 26 thousand rubles.
- At the birth of a child, the size of the one-time payment is slightly more than 16 thousand rubles.
- Maternity capital is also required, the amount of which is almost half a million rubles.
- The state benefit for a child under three years of age is 50 rubles. The regional coefficient is also added here.
However, it should be noted that the amount of child benefits, like any other social benefits, can change quite often. For example, at one of the June meetings held in 2021, D. Medvedev raised the issue of payments intended for young mothers. He promised to review the amount of monthly payments, the amount of which is 50 rubles. It is planned to increase the benefit to the subsistence level in a particular region.
Conditions of receipt
Parental leave is provided at the place of work. The work experience of the employee taking it is not interrupted, and information about the leave is not entered into the work book.
The first step to obtaining one is submitting an application. The author of this document is usually the mother.
In some cases it may be submitted:
- father, grandfather, grandmother and other employed relatives, if the mother returns from full-time leave, is deprived of parental rights, is declared incompetent or dies, takes maternity leave (hereinafter referred to as M&R) for her second child - in combination with receiving payments for him ;
- guardians and adoptive parents of the child - this does not include adoptive parents who have entered into a foster family agreement.
Parental leave is not granted to a citizen who has not formalized an employment relationship, or to two parents (relatives, guardians) at the same time.
That is why the applicant is required to provide proof that the second parent (relative) did not submit exactly the same application and is not currently caring for the child.
Registration procedure
Employees often do not know how to properly arrange parental leave. First of all, the applicant supplies two documents:
- child's birth certificate;
- a certificate stating that the second parent (or one of the relatives, or the mother and father of the child, if another family member takes the leave) did not go on the same vacation - this certificate can be obtained from the organization where the child works.
He will submit them along with the application.
The algorithm for writing it is similar to the algorithm for writing all other statements addressed to the head of the organization. The difficulties here begin with the presentation of the essence of the issue:
- first, they ask for parental leave from a certain date
- then there is a request for a monthly child care allowance and a monthly compensation payment;
- and in the last paragraph - in the Applications section - submitted along with the applications are listed
The clause on benefits must be specified , since if it is absent, they simply will not be paid. So there will be a need to apply again.
Here it is important to know that the main document regulating the relationship between the applicant and the employer is the corresponding order, a copy of which the applicant receives.
An order for parental leave is issued by the personnel officer. For this purpose, a unified form T-6 , in which section B is filled out, where the name and duration of the vacation are indicated.
Click to enlarge
The vacation period itself is taken into account by the personnel officer in the timesheet . The form of this report card is also unified: it is T-12 or T-13. An appropriate note indicating that the applicant is on parental leave is placed on it every month - from the day the leave begins until it ends.
The symbol for coolant or digital code 15 serves as a mark.
If a person taking leave is officially employed in two jobs, that is, he is a part-time worker, he should submit the above application plus documents to each of the organizations. The problem here is only in the clause on benefits: to apply for their payment, he can choose only one place of work, usually with a higher salary.
Watch a video about the nuances of providing parental leave:
How to apply
Requests for benefits and leave can be submitted in one application. The Labor Code of the Russian Federation determines the period for receiving it, and it is one and a half years. Although you can indicate that leave is necessary until the child turns three years old. So you need to write in the application that you want to receive benefits until the child is one and a half years old, but not to appear at work until the child is three years old.
Practice shows that many women are afraid to write immediately until they are three years old. However, there is nothing to worry about here. After all, the law allows you to leave maternity leave early by writing a corresponding application. There are situations when a woman writes an application for leave for up to one and a half years. But after this period, he understands that he wants to extend the maternity leave. In this case, she needs to write a new application to extend her vacation. In this case, the head of the organization is again obliged to issue an order to provide leave from one and a half to three years.
Duration
The day from which the vacation period will begin is calculated by the personnel officer based on a doctor’s certificate - for mothers. For everyone else, the start date may be the date of birth of the baby (based on the birth certificate) or the mother’s return to full-time employment (the basis here will be a corresponding application).
The fact is that the baby’s mother initially goes on leave under the BiR, whose duration is regulated by Art. 255 Labor Code of the Russian Federation. A woman is entitled to:
- 70 days – with a problem-free pregnancy;
- 86 – with caesarean section or birth trauma;
- 110 – if several children are born at the same time.
The woman who adopted the child also receives such leave if the corresponding court ruling came into force before the baby reaches 3 months of age. If she adopts one child, the amount is 70 days; if she adopts two or more children, it is 110 days.
And after the BiR leave comes parental leave. But minus the time spent on the first, the last one turns out to be 2-4 months shorter.
The duration of parental leave is limited to three years of the child. But there is a nuance: the accrual of benefits for his care stops as soon as he turns 1.5 years old, and then he will have to rely only on a symbolic compensation payment.
After parental leave of up to 1.5 years, leave of up to 3 years may follow. In fact, these vacations are parts of one, from which you can leave early, so you only need to apply for it once.
If the child turns 3 years old, the parental leave ends. It is legally impossible to extend it, except in two cases:
- if a mother who has not returned from maternity leave gives birth to another , it is extended until the second child is 3 years old. Although the period of such leave, included in the work and pension experience, by law cannot exceed 6 years for four or more children.
- in all other cases, labor legislation provides the employee with the opportunity to take leave for family reasons and other valid reasons.
This is prescribed in Part 1 of Art. 128 Labor Code of the Russian Federation. The duration of such leave is usually 1 year, if necessary it can be extended. The position of the employee who wrote the application for its provision will be retained, but the salary will not be paid, just like benefits.
If a valid reason is caring for a sick child, the justification for extending the leave can be a certificate from the VKK (medical advisory commission), where the most powerful argument will be the diagnosis of an immunologist.
An examination of the child by this commission should be carried out every six months. The VKK certificate must be supplemented by the results of a fluorographic examination of the mother.
With such documents, the leave is extended until the child turns 6 years old.
Who can apply?
At the place of work, the following have the right to take leave for up to 1.5 years:
- mother or father of the newborn;
- immediate family ;
- guardians.
Foster parents receive remuneration under an agreement with the guardianship and trusteeship authorities, so they cannot claim benefits for up to 1.5 years of care.
Employed people submit an application at their place of work.
Even if a working pensioner expresses a desire to go on such leave, no one has the right to refuse him this: for an officially employed person, the employer in any case pays contributions to the Social Insurance Fund, and the pensioner can count on payments from this source.
Individual entrepreneurs have the right to receive benefits at the expense of the Social Insurance Fund if in the previous year the individual entrepreneur concluded a voluntary social insurance agreement and paid all contributions for the previous year. At the same time, during the period of caring for the child, the activities of the individual entrepreneur must be stopped.
For unemployed people and some other persons, benefits for children under 1.5 years of age can be obtained from the social protection authorities. This cash payment can be issued to:
- child of a non-working parent or guardian;
- child of a conscript soldier;
- a child of a person dismissed due to the liquidation of an enterprise during the period of leave under the BiR.
This payment can only be issued by the mother or father of a newborn; other relatives can apply for benefits up to 1.5 years in exceptional cases (due to the health status of the parents, deprivation of their parental rights, etc.)
In this case, they will receive an allowance, which will be paid from the budget.
There is no need to confuse the described payment and the benefit for the first child, which is paid to low-income parents from January 1, 2021. The care allowance for up to 1.5 years will be established regardless of family income.
If the family’s income, including payments for up to 1.5 years, does not exceed the level established by law, then a second benefit will be assigned additionally as a measure of support for a low-income family.
A similar application can be submitted at the place of part-time employment to obtain a maternity leave.
What documents are needed?
Depending on where parental leave is taken out, a different package of documents is required.
In addition to the application, workers will need:
- A copy certificate .
- A certificate from the other parent’s place of work (study) stating that he does not receive this payment.
- A certificate from the social security authorities and the Social Insurance Fund for the other parent stating that care benefits were not issued for up to 1.5 years.
- If the care will be provided by another person, a document confirming the joint residence of the applicant with the child.
HR employees often require additional documents. This happens if someone other than the father and mother is going to sit with the child.
They require a document confirming the relationship, or confirmation that the parents cannot provide care themselves because they work or study. All these are excessive requirements. The law does not establish any additional conditions for granting leave of up to 1.5 years, except for the fact of child care.
However, the personnel officer may require documents proving that none of the parents receives a monthly allowance for up to 1.5 years at their place of work or in other places. This right is not regulated by law, but it is understandable - experts try to avoid double application of the same benefit.
If an unemployed citizen applies for benefits from the social security authorities , then the package of documents, in addition to the application for care for a newborn, will be as follows:
- Identity card ( passport ).
- Birth certificate
- A document confirming cohabitation with the child .
- Work book , with a record of dismissal from the last place of work.
- A certificate from the Employment Center stating that the applicant has not received benefits for up to 1.5 years.
- A certificate from the other parent’s place of work (study) stating that he does not receive a monthly payment for the child.
- Bank account details , if the applicant has chosen this form of receiving benefits.
If there is no work book, CZN specialists may require other documents confirming the lack of income. Most often, the applicant writes a separate receipt stating that he does not carry out any work activities.
In addition, you may need an extract from your personal pension account, which is provided to the Pension Fund on the day of application. The requirement for a certificate from the tax authorities stating that a person is not an individual entrepreneur is controversial. Today, a state fee is paid for this certificate, and the citizen is not required to bear the costs of collecting documents.
In some cases (wives of conscripted military personnel dismissed due to liquidation) you will need to provide an additional package of documents.
Payments
specified in the application are paid every month . Documents confirming the right to them are:
- birth certificate;
- birth certificates of older children, if the mother is still on leave to care for a previously born child at the time of writing the application, or if the benefit paid is the least possible;
- court decision on adoption;
- a certificate - presented by the part-time worker - stating that in another organization where he is employed, he is not accrued a similar benefit.
So, who pays for parental leave and how?
| Two types of payments: | |
| Compensation for parental leave | Child care allowance |
| The source of accrual is the employer’s salary fund. The accrual period is every month until the employee returns from vacation. The value is 50 rubles . If a person who has taken leave works part-time, he can demand compensation from all organizations where he works. But payments stop from the month following the one in which: • the person receiving it left work of his own free will; • or dismissed because the organization was liquidated and unemployment benefits are accrued to him; • or deprived of parental rights - with the transfer of the baby to full state support. | The source of accrual is the employer’s salary fund with subsequent compensation of this amount from the Social Insurance Fund (SIF) thanks to the mutual settlement of transfers. The accrual period is every month until the employee’s child turns 1.5 years old. The start of benefit accrual will be 10 calendar days from the date of receipt of the application, and the payment day will be the date on which salaries are paid to all other employees of the organization. The benefit amount is determined as follows: • average earnings for the previous 2 full calendar years are taken; • divided by the number of calendar days for the above-mentioned time (this does not include periods of release from work and temporary disability, parental leave and labor and employment); • multiplied by 30.4; • multiplied by 40%. Every woman needs to know how maternity leave is calculated in order to prevent fraud on the part of the employer. In terms of its value, average earnings cannot exceed the maximum and be below the minimum, which are established by the Social Insurance Fund . Their size changes every year. Currently these values are: • maximum: 23089.04 rub. – for those who retained their jobs and 12,262.74 rubles. – for those who lost it during the holidays; • minimum: 3065.69 rub. – for the first child and 6131.37 rubles. - for the next child. The amount of the benefit is directly proportional to the salary of its recipient . Moreover, it can be accrued even to an unemployed person. The source of its accrual is the federal budget. They go to the Population Protection Department (USPP) for it, and its value is minimal. If you have to give benefits to two or more children at once, they are summed up. However, the resulting total should not be higher than the full average monthly earnings paid over the past 2 years. |
In fact, mothers who have taken leave on labor and labor leave are in the most advantageous position - the benefit paid under it is equal to 100% of the average earnings for each day on maternity leave.
Here you can read in detail about the B&R benefit.
However, the State Duma is now considering Bill No. 22852-7 , proposing:
- extend the period of payment of child care benefits until the child reaches the age of 3 years;
- increase the smallest benefit for one child to the minimum wage - 7,500 rubles, and for two or more children - to two minimum wages - 15,000 rubles.
The accountant of the company where the woman is employed is responsible for calculating leave for accounting and accounting purposes. However, the expectant mother can calculate the approximate amount using one of the many calculators on the Internet.
Coming out of vacation
The deadline for parental leave is the child's third birthday. The employee must return to work the next day . In this case, the exit procedure is no different from the procedure for exiting a regular vacation.
But financial issues often dictate the need to complete the vacation before the end of its term. Then the employee (usually a woman) returns to full-time work, having notified the employer in a corresponding application. Another relative can take the rest of the vacation.
The clause on full employment of an employee who interrupts his vacation early is necessarily reflected in the exit order . The time for issuing such an order is before the day of his actual return to work. This is done in order to timely notify the employee replacing him in his position.
The latter, however, understands that he is in this position temporarily: dismissal of a person who has gone on parental leave is unacceptable. The wishes of the head of the organization are not taken into account. Dismissal is possible in three cases:
- a person leaves his position of his own free will ;
- the organization, together with the employee’s position is completely liquidated , without being able to provide the person who went on vacation with another job or other conditions;
- The individual entrepreneur completely ceases its own activities .
Here we can talk about the termination of parental leave. All benefits due, if any, are paid to the Social Insurance Fund by mail or through a credit institution.
Who is entitled to parental leave?
It would seem that the answer to this question is obvious. After giving birth, the young mother goes on vacation. But in life there are different situations. Sometimes a woman just needs to go to work right away. It is also possible that due to health reasons after a difficult birth, she is simply physically unable to care for the baby. At the same time, the young dad has to go on maternity leave.
Of course, in our country it is very rare to meet a man who goes on maternity leave. However, in Western countries this practice is quite common. Often a woman earns much more, which is why the general decision is made that the father will be the one to look after the child. Russian legislation also provides such an opportunity. In addition to parents, grandparents, guardians or adoptive parents can officially receive maternity leave at their jobs. This opportunity is also available to other relatives caring for the baby. Moreover, the law allows one guardian to take part of the leave, and the other to take part. Here everything depends only on the desires and capabilities of the parents themselves or other official guardians.
It doesn't matter whether a person is employed or not. Of course, if he doesn’t have a job, he has nowhere to take a vacation. However, he is entitled to financial assistance. In this case, payments are made by social protection authorities.
Hotline for citizen consultations: 8-804-333-70-30
About abbreviation
Retrenchment of a person on parental leave is prohibited by law.
Another thing is that:
- dismissal due to reduction is notified 2 months before its expected date. If there are two months or less left before the end of the vacation, the employer has the right to send this notice to the employee on vacation. The latter may be fired on his first working day after returning from vacation if he does not agree to move to the position offered to him by the organization;
- if an organization is liquidated, all employees are dismissed, regardless of their legally protected status.
