How to receive compensation for unused leave before maternity leave

In our country, the concept of “maternity leave” usually combines two periods:
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• maternity leave;
• maternity leave up to 3 years.

Maternity leave begins at 30 weeks and lasts 140 days: 70 days before childbirth and 70 after the birth of the baby (Article 225 of the Labor Code of the Russian Federation). This period may be increased in the following cases:

1. Complications during childbirth (156 days).
2. Birth of twins or more (194 days).
3. Adoption of an infant up to 3 months (70 days).

Maternity leave is sick leave, which is given to a working woman and is paid in a lump sum. Like any sick leave, it is included in the length of service and is used to accumulate days of regular annual paid leave.

Parental leave can last from 3 months to 3 years. This period is included in the continuous work experience, but is not the basis for accruing vacation days (Article 121 of the Labor Code of the Russian Federation).

At any time, a citizen has the right to interrupt maternity leave to go to work or to take annual paid leave.

General information about maternity leave

Starting from the thirtieth week of pregnancy, a woman is on maternity leave (in colloquial speech they often say “on maternity leave”).
Its start date is calculated by the doctor at the antenatal clinic where the woman is being observed, and by this time she is issued a sick leave certificate. It looks exactly the same as a certificate of incapacity for work due to illness, but, of course, it is filled out differently. If the pregnancy is not multiple and not complicated, sick leave is issued for 140 days - seventy days before the expected birth and seventy days after.

After this period, the next one, called parental leave, automatically begins. It lasts until the child is one and a half years old.

Considering that, according to the legislation of our country, child benefits are paid only up to one and a half years, but the insurance period is accrued for the entire period that a woman is on maternity leave. So, if desired, a woman can extend her leave until the child’s third birthday. At the same time, the employer is obliged to retain her position and workplace.

Indeed, according to the law, an employee has the right to annual paid leave only after working for six months. But pregnant women are an exception to this rule - they can request leave earlier than six months, and you, as an employer, are obliged to provide it.

You also do not have the official right to refuse to hire a woman in position - she was not obliged to inform you. Your reaction is easy to understand, but take this fact for granted and do everything so that the woman can calmly go on maternity leave, even if you feel deceived in some way.

As I mentioned above, the Labor Code of Russia contains a norm that is unambiguous in its interpretation: before going on maternity leave, a woman can apply for annual paid leave. At the same time, length of service, namely the length of time worked for a given employer, does not matter at all.

It should be noted that the date of maternity leave will be considered the date of commencement of the sick leave for pregnancy and childbirth. Linking annual paid leave to the start of parental leave here would be incorrect.

How to calculate leave before maternity leave

There are several options for the length of leave that can be provided before going on maternity leave. It should be borne in mind that, at her own request and by mutual agreement with the employer, a woman can apply for any of the options.

1. Vacation in advance, of any duration. The maximum period of such full leave is 28 days, or more if the conditions and nature of work imply an extended leave.
2. Leave for time worked prior to the start of parental leave. I note that the period of sick leave for pregnancy and childbirth should also be counted as time worked.

In order to calculate the duration of annual leave for the time worked, it should be taken into account that for each month worked in a year, 2.33 calendar days of leave are due.

The accounting year begins from the date of commencement of the employment relationship, that is, from the date on which you started working. But this is only a general rule; a more detailed and accurate calculation of the duration of annual leave for the time worked can be requested from the personnel department of the organization.

We invite you to read: The vacation schedule is mandatory for the employee and the employer

The law states that workers in most professions are entitled to 28 calendar days of vacation per year.

For example, a woman goes on maternity leave from September 26th. By this time, her 28 days had already accumulated. She already took 7 days of vacation in January. She is entitled to 21 days of vacation (28 – 7).

Let’s assume that a woman’s tenure in this workplace is less than a year. Then the vacation is recalculated depending on the number of months worked. For each of them, 2.33 days of vacation are accrued. If the month is not fully worked, then if you work less than 15 days, vacation pay is not yet accrued, if more than fifteen days, vacation pay is accrued in full.

2.33*8 = 19 days

In our example, vacation days were not accrued for April, since less than fifteen days were worked in the month, but for December these days were accrued, since the month is considered fully worked.

The legislator has provided for the possibility of monetary payment for unused vacation. This is the general rule, but in the case of expectant mothers such monetary compensation is prohibited.

The Labor Code says nothing about the reasons for such a restriction, but one can make the assumption that, otherwise, many women would prefer money instead of the necessary rest before a difficult ordeal. Compensation for unused vacation can only be paid if the employee decides to quit, for example, after the end of maternity leave.

But the employee has the right to take another leave after the child reaches 1.5 years old, and after that write an application for continued maternity leave. Or you can take the next vacation when the child turns three years old, and a short period of time is still needed for him to get used to kindergarten.

How to receive compensation for unused vacation.

Compensation for unused maternity leave can be issued only in two cases:

• upon termination of an employment contract;
• if the required rest period is more than 4 weeks.

In the second case, compensation can only be paid partially, for additional vacation days, if the employee is entitled to them.

Replacing rest time with a cash payment is not the employer’s responsibility, so he can provide the employee with full vacation and pay for it.

Upon dismissal from the company, an employee will be able to receive the following types of benefits:

• earnings for the period actually worked;
• vacation compensation;
• dismissal benefits, if required in accordance with legislation or local regulations.

However, termination of an employment contract entails the termination of all relations with the employer.

This method is usually used if compensation is needed for unused leave after maternity leave, and the woman does not plan to return to her old duty station.

What is pre-maternity leave in advance and what risks does the employer face?

So, we have established that a pregnant woman has the right to apply for leave regardless of the time she worked. This means that before going on maternity leave, a maximum duration of leave can be granted - from 28 days in the general order, and up to 56 days if the employee’s position provides for an increased duration of annual paid leave.

It will also not matter if the employee has already taken his vacation for the current year. In this case, the woman has the right to demand so-called leave in advance - that is, annual leave, which will be counted in subsequent periods, after the end of the maternity leave.

When applying for vacation in advance, you should consider the following features:

• If you receive leave in advance and in full, then after leaving maternity leave you will be able to apply for annual paid leave only with the onset of the next working year.
• If you decide to end your employment with your employer after your parental leave ends, you may be deducted or charged compensation for previously paid vacation pay.

The hire date is the starting point for determining the employee's pay period. Thus, it will be individual for everyone. For example, if employment occurred on October 20, 2016, then the employee’s pay period lasts from this date until October 20, 2021. This is an important point for calculating vacation pay.

In the event that all accrued vacation has already been used for the previous period and for the entire current one, and the pregnant employee asks for a few more days, we will be talking about vacation in advance. These days are taken, as it were, “on loan” from the future working period, which may come only in three years.

By law, the employer is not obliged to provide leave in advance, but can accommodate the employee halfway. In doing so, he puts himself at risk. If the employee quits immediately after returning from maternity leave, he is unlikely to be able to return the vacation pay paid to the employee. The fact is that there will simply be nowhere to get them from.

We invite you to familiarize yourself with: Maternity leave (maternity leave): duration, registration

Is it worth taking a vacation before maternity leave and how is vacation pay calculated?

When considering whether to take leave before maternity leave, I recommend considering the following.

Thus, labor legislation provides for the obligation to provide a woman with leave at her request either before going on maternity leave or after it ends. If you take your vacation in advance, you won’t have to apply for vacation after the end of your maternity leave.

Situations are different, and many women prefer to leave part of their vacation “in reserve” in order to be able to secure themselves in case of kindergarten closure, child illness and other unforeseen situations.

On the other hand, a vacation before maternity leave will allow you to spend more time in the fresh air, receive more pleasant emotions, and also with the advantage of vacation pay and vacation payments.

Thus, you should decide on the need for leave before maternity leave independently, taking into account your state of health, well-being, and material benefits.

It's definitely worth taking a vacation. The expectant mother will rest before an important event in her life. In the later stages, the woman’s condition may worsen, and work will not be her first priority in any case.

Here are a few examples of the pros and cons of taking leave before maternity leave.

Vacation pay is calculated according to the general rule. The basis is the average daily earnings for the previous 12 months.

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Compensation for unused vacation can only be paid if the employee decides to quit, for example, after the end of maternity leave.

But the employee has the right to take another leave after the child reaches 1.5 years old, and after that write an application for continued maternity leave.

Or you can take the next vacation when the child turns three years old, and a short period of time is still needed for him to get used to kindergarten. Is it worth taking a vacation before maternity leave and how are vacation pay calculated? It is undoubtedly worth taking a vacation.

Important

The expectant mother will rest before an important event in her life.

In the later stages, the woman’s condition may worsen, and work will not be her first priority in any case.

Here are a few examples of the pros and cons of taking leave before maternity leave.

Attention

It may turn out to be longer if the employer wishes to provide employees with such an opportunity, which should be enshrined in the collective agreement of the enterprise. By agreement with the employer, it can be divided into two vacations of 2 weeks (14 days).

Can a pregnant woman take additional leave if the main one is used up?

In order to apply for annual paid leave before going on maternity leave, I can recommend the following sequence of actions.

1. Decide for yourself what duration of vacation you want, taking into account the specifics of providing vacation in advance.
2. Try to agree with the head of the organization or immediate superior the duration of your vacation and its start date. Keep in mind that the manager also needs to redistribute the workload among employees and transfer your powers to another employee. If the manager protests against your decision to take leave, remind him of the contents of Article 260 of the Labor Code of the Russian Federation and mention your right to contact the State Labor Inspectorate in the event of the employer’s failure to comply with the guarantees of labor legislation.
3. Write a leave application in accordance with the rules in force in the organization. Let me remind you that it is advisable to write an application at least 14 days before the start date of your vacation.
4. Receive orders for vacation and vacation pay.

It is up to the employer to decide whether to provide additional leave. If the decision is positive, most often it is leave without pay, although there are exceptions.

• Articles 117, 119 and 321 of the Labor Code talk about categories of workers who have the right to paid additional leave. These are workers of the Far North, hazardous industries, and also without a standardized working day;
• Article 121 states that employees of government agencies have the right to one-time additional leave. Usually it is attached to the main one, but at the request of the employee it can be divided.

Here are some general categories of employees entitled to additional vacation days.

How to transfer leave due to maternity leave

No later than two weeks before the proposed vacation, the employee must submit a vacation application according to the sample to the personnel department.

In order for a woman to reschedule her planned vacation to a more convenient time due to her pregnancy, she must provide the personnel department with an official document from the antenatal clinic.

The standard certificate indicates the name of the medical institution or details of a private gynecologist, as well as the timing of pregnancy. Even if a woman’s future motherhood is obvious, it is impossible to do without an official document.

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The procedure for obtaining such leave will take place in several stages.

You can not. The law prohibits recalling a pregnant woman from vacation. There is another way out of the situation. You can agree with her in advance to divide her vacation into two parts. She can use the first part before maternity leave, the second after it.

You can not. According to Article 260 of the Labor Code, pregnant employees have the right to choose periods of their vacation at any time convenient for them, and the employer cannot interfere with this if he does not want to break the law.

○ Approximate contents of an application for leave before maternity leave.

The sample application for leave before maternity leave is not much different from the standard application for annual paid leave. The text of the application must contain:

• Name of the head of the organization.
• Information about the applicant, his position.
• Request for annual paid leave.
• Duration of vacation in calendar days.
• Request for financial assistance and other required payments.
• Link to Article 260 of the Labor Code of the Russian Federation.
• Date and signature of the applicant.

According to the standard procedure, the application must be endorsed by the head of the organization, on the basis of which the personnel department prepares a leave order, and the accounting department calculates the required payments.

Amount and procedure of payments

Money compensating for unused regular vacation is paid no later than three days before the day of actual termination of the contract.
If a resignation letter is submitted before maternity leave, compensation and other payments are made immediately. The amount due is calculated by an accountant according to a standard scheme. When calculating the amount of compensation, the accountant must take into account the following:

• duration of unused vacation;
• average daily salary;
• number of days worked since the last break.

To determine the average daily salary, a simple formula is used: GZP/12/29.3, where:

• GZP – salary for 12 months;
• 12 – total value of working months in a year;
• 29.3 – average monthly calculation coefficient (Article 139 of the Labor Code).

After identifying the final value of the daily salary, to calculate the amount of compensation, it is multiplied by the actual number of days of unused vacation.
Important! If an employee has unused rest days accumulated over several years, before maternity leave this is taken into account and compensated by adding and proportionally increasing the amount of compensation or the vacation period.

Some features of leave followed by maternity leave

The expectant mother should take into account that in the internal documents of the company there may be a difference between just leave before going on maternity leave and leave followed by maternity leave.

The second concept comes into play when a woman chooses vacation days in such a way that the date of the last day of vacation flows into maternity leave. This has its own logic, because in this case she will not have to return to work, and she will go on vacation “to make ends meet.”

However, as mentioned above, due to the peculiar “gluing” of two types of vacations, a woman may lose some of her privileges. For example, if the company's internal documents indicate that company housing is no longer provided when a woman goes on maternity leave, the start date of this rule will coincide with the first day of annual leave followed by maternity leave.

Conclusion: if there is not a single working day between vacation and maternity leave, annual leave is “stuck” to maternity leave, which may have some restrictions for the expectant mother.

Vacation before maternity leave according to the labor code

You can get an answer to your question by calling the numbers ⇓ Free consultation Moscow, Moscow region call: 7(499) 703-47-98 St. Petersburg, Leningrad region call: 7(812) 309-13-76 How to take leave before maternity leave : step-by-step instructions If an employee has firmly decided to take annual leave right before going on B&R leave, she needs to notify her superiors and provide a set of documents.

Attention

Registration of leave will consist of the following stages, mandatory for organizations of any legal form:

1. The employee asks for a certificate from the antenatal clinic where she is being monitored during pregnancy, indicating that she will soon be going on maternity leave.

The document must certainly be certified by the seal of the clinic and the signature of the director.

According to the norms of the Labor Code of the Russian Federation, any woman has the right to receive annual paid leave before going on maternity leave.

At the same time, an employee who is pregnant has the right to provide such rest, regardless of her length of service and the length of time worked for a given employer. However, this provision of the law is not always implemented in practice, and the reason for this, as a rule, is the employee’s legal ignorance. Contents of the article ○ Part 1.

Who is entitled to leave before maternity leave? ○ Part 2. What is advance leave? ○ Part 3. How many days of leave before maternity leave? How to calculate? ○ Part 4. Should I take leave before maternity leave? Advantages and disadvantages. ○ Part 5.

Step-by-step instructions: How to take leave before maternity leave? ○ Part 6.

Approximate contents of an application for leave before maternity leave.

○ Part 7.

Kopeikina had a rest from September 1 to September 28, 2014. She goes on leave according to the BiR from January 1, 2015. Kopeikina no longer has the right to ask for paid leave before going on maternity leave, since during the first period of work from February 1, 2014 to January 31, 2015, she was already on vacation, and the new period of work has not yet begun. Legislative acts on the topic It is recommended to study the following legislative acts: Art. 260, 123, 122

Labor Code of the Russian Federation On the employer’s obligation to provide employees who are going on maternity leave or returning from maternity leave with annual leave, Art.

We invite you to read: Preferential leave for those entitled to

139 of the Labor Code of the Russian Federation The procedure for calculating vacation pay and compensation for unused vacation Typical errors when registering Error No. 1.

Immediately after taking leave to look after the baby, the employee writes an application for calendar leave while maintaining the average salary.

Some features of leave followed by maternity leave An expectant mother should take into account that in the internal documents of the company there may be a difference between just leave before going on maternity leave and leave followed by maternity leave.

The second concept comes into play when a woman chooses vacation days in such a way that the date of the last day of vacation flows into maternity leave.

This has its own logic, because in this case she will not have to return to work, and she will go on vacation “to make ends meet.”

However, as mentioned above, due to the peculiar “gluing” of two types of vacations, a woman may lose some of her privileges. For example, if a company's internal documents state that company housing is no longer available when a woman goes on maternity leave, the start date of this rule will coincide with the first day of annual leave followed by maternity leave. The total duration of this leave is:

• for a singleton pregnancy and successful birth – 140 calendar days (70 before birth and 70 after);
• for complicated births – 156 days (70 and 86);
• The duration of maternity leave for multiple pregnancies is 194 days (84 and 110).

Please note: if a woman who gave birth to two or more children spent not 84, but only 70 days on vacation before giving birth, she still needs to be provided with 194 days of maternity leave, since it is calculated cumulatively. Regardless of the duration of the BiR leave, the citizen retains regular paid leave for a period of at least 28 calendar days during each year.

The Labor Code also provides for various additional paid leaves, which are due to employees with irregular working hours, dangerous or harmful working conditions, etc.

It should be borne in mind that, at her own request and by mutual agreement with the employer, a woman can apply for any of the options.

1. Vacation in advance, of any duration.
   The maximum period of such full leave is 28 days, or more if the conditions and nature of work imply an extended leave.
2. Leave for time worked prior to the start of parental leave. I note that the period of sick leave for pregnancy and childbirth should also be counted as time worked.

In order to calculate the duration of annual leave for the time worked, it should be taken into account that for each month worked in a year, 2.33 calendar days of leave are due.

The accounting year begins from the date of commencement of the employment relationship, that is, from the date on which you started working.

Receiving a certificate usually takes 1-3 days.

• The woman draws up an application with a request to postpone the vacation and indicates its duration as a whole and its beginning and end. The basis for rescheduling the vacation is indicated. The application left in the personnel department will be the basis for the issuance of an order by the manager.
• An order is issued in a free or unified form accepted at the enterprise to provide the woman with rest. The text indicates the day of its beginning and end, as well as the duration.

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According to Art. 256 of the Labor Code, an employee who has become a mother is also entitled to leave to care for a child up to 3 years old. A woman chooses at her own discretion what to do:

• use this leave in full;
• devote part of the time to the child and then go to work;
• return to the workplace immediately after the BiR leave, entrusting the care of the baby to another person (detailed information about returning to work during maternity leave is here).

Parental leave is divided into two equal periods, and the first year and a half is paid by the employer, but the second is not.

This is a good reason to return to work without waiting for your child's 3rd birthday. How to go on another leave after maternity leave To receive annual paid leave after maternity leave, you must write an application addressed to the head of the organization using a unified form.

Today you will learn:

1. Can a pregnant woman count on vacation and when?
2. What is advance leave?
3. How is maternity leave calculated?

General information about maternity leave Starting from the thirtieth week of pregnancy, a woman is on maternity leave (in colloquial speech they often say “on maternity leave”). Sample application for maternity leave. Procedure for granting regular and maternity leave. Basic rule regarding regular paid leave. leave, which expectant mothers should know about, is contained in Art.

260 of the Labor Code of the Russian Federation. It states that before or immediately after maternity leave, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer. Thus, annual paid leave can be taken either before or after maternity leave.

Also, if a woman has not used leave for the past working year, and maternity leave covers part of the next year of work, then, at her request, both unused leave must be added to maternity leave or parental leave. Necessary documents for registration of leave before and after maternity leave In order to obtain the right to go on leave while maintaining the average salary before maternity leave, you must have the following documents with you:

1. An application drawn up in free form for the provision or shift of rest.
2. Certificate from the antenatal clinic about registration in connection with the onset of pregnancy.

It is the responsibility of the HR department to check whether the employee has the right to go on vacation (whether she has taken it off recently) - you do not need to fill out any paperwork yourself. If you take leave after maternity leave, you do not need to provide additional certificates. Sample application for leave before and after maternity leave Before going on annual leave, the employee must notify the employer about this by writing an application. Contents

• What holidays are a young mother entitled to?
• How to go on another vacation after maternity leave
• What happens to unpaid vacation upon dismissal after maternity leave Using accumulated vacation time
• Compensation for all unused vacations

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