Recommendations for filling out an application for maternity leave - sample and rules for drawing up

Legislative regulation

The right to maternity leave is enshrined in the Labor Code of the Russian Federation and is regulated by Articles 255, 256, 257. Maternity leave means maternity leave and subsequent parental leave. Both employed and unemployed citizens have the right to such leave

The two components of maternity leave are formalized differently, have different durations and differ in payment by the state and the employer.

The first part of maternity leave, that is, maternity leave, can be taken out by:

• women working under an employment contract;
• unemployed women registered with the Employment Service;
• full-time students;
• women military personnel;
• women working in military departments as civilian personnel.

To apply for the first part of maternity leave, you must provide all documents before the birth of the child .

Legislative acts provide a clear explanation of whether maternity leave can be issued for a husband or grandmother, and for whom it can be issued. If this is the second part of maternity leave, namely, parental leave, then any family member can take such a vacation.

At the same time, such a person retains certain guarantees:

• maintaining a job;
• payment of monthly compensation from the employer;
• taking into account the first 1.5 years of vacation in the pension period;
• impossibility of dismissal or layoff before starting work.

The duration of maternity leave and subsequent child care is regulated by law, not only based on the natural cycles of pregnancy and childbirth. The opinion of the doctor who is caring for the pregnancy is also taken into account.

In this article you can read about what week they go on maternity leave.

What and why needs to be attached to the application

Confirmation of the need for an employee to go on maternity leave is a sick leave certificate issued by a medical institution, indicating the cause of incapacity for work, and a certificate of pregnancy and registration from the antenatal clinic.
These documents are filed in the original with the application for maternity leave. For insurance, you need to keep photocopies of documents.

With documentary evidence of pregnancy at 12 weeks, the employee can count on additional financial benefits. To do this, you must submit a written request. You also need to attach a photocopy of your passport and bank card number for transferring the payment to the document.

When filing an application for child care, you must attach a photocopy of the baby’s birth document. In addition, you must attach a certificate from the institution where the father works stating that he was not given such benefits.

Is it possible to fire a pregnant employee?

There is no clear answer to this question. The fact is that the Labor Code of the Russian Federation regulates the rules that allow dismissing a pregnant employee. At the same time, the legislation has created a list of legal grounds for expelling a pregnant employee to avoid abuse. You can fire a pregnant employee if:

1. Her personal wishes
2. Agreements between the employee and the institution (this option is most often found in practice)
3. At the initiative of management (only in certain situations).

Let's look at the exceptions that allow you to fire a pregnant employee:

• Article 261 of the Labor Code of the Russian Federation regulates that an employer is prohibited from dismissing pregnant women on any basis reflected in Art. 81 Labor Code of the Russian Federation. An exception to the rule is the closure of an enterprise or individual entrepreneur.
• In addition to the list of grounds reflected in Art. 81 of the Labor Code of the Russian Federation, deduction at the initiative of management is possible on other grounds provided for by the Labor Code of the Russian Federation and other regulations. Eg:
• Due to failure to complete the probationary period assigned upon acceptance to the company (Article 71 of the Labor Code of the Russian Federation)
• When an authorized person (legal owner) makes a decision to terminate an employment contract (Article 278 of the Labor Code of the Russian Federation)
• In case of reinstatement of the main employee to the place of a part-time employee - a pregnant employee (Article 288 of the Labor Code of the Russian Federation)
• If there are additional grounds for deduction reflected in the employment contract with homeworkers (Article 312 of the Labor Code of the Russian Federation) and employees of religious institutions (Article 347 of the Labor Code of the Russian Federation)
• In case of additional grounds for expulsion of teaching staff, in accordance with Art. 336 Labor Code of the Russian Federation.

Does the employee retain her job?

Article 256 of the Labor Code of the Russian Federation regulates that during the leave to care for the baby, the employee retains her place of work. At the same time, please note that the employee does not retain the workplace, but the place of work. That is, this means that another person can temporarily take over her desk. In order not to interrupt the technological process at the enterprise, another employee is temporarily hired for this position, with whom a fixed-term employment agreement is signed for the period of absence of the main employee.

This agreement does not need to indicate the end date of the contract, since if maternity leave is interrupted and a permanent employee returns to work, the employer is obliged to fire the temporarily hired person. Thus, after the main employee interrupts her maternity leave and goes back to work, the fixed-term employment contract with the temporary employee automatically loses force. Based on this, he quits his job (Part 3 of Article 79 of the Labor Code of the Russian Federation).

Maternity leave

In the last months of pregnancy, women find it difficult to carry out their daily work duties. In this case, the law provides for the opportunity to issue sick leave for incapacity for work for the period before and immediately after childbirth. The procedure for going on maternity leave is clearly regulated by law.

Its duration is:

• 70 calendar days before the expected birth;
• 70 calendar days after childbirth (or 86 for childbirth with complications);
• for multiple pregnancies, leave before childbirth is 84 days;
• for the birth of two or more children, 110 days are provided after birth.

The countdown of these periods begins from the day the sick leave is received at the antenatal clinic. As a rule, this is the 30th week of pregnancy (28th in case of multiple pregnancy).

When adopting a baby under three months of age, a woman is entitled to similar leave.

When applying for leave after the birth of a child, remember:

1. Vacation is calculated consecutively in calendar days. Therefore, if the vacation coincides with a non-working holiday, it will not be transferred.
2. The maximum duration of leave is set at five days. The duration of the vacation is determined by the employee himself and indicates this duration in the application.
3. The employer is obliged to provide leave at the request of the employee. If the employer refuses to approve the application for any reason, then it is necessary to record the fact of its submission.
4. Leave granted in accordance with Article 128 of the Labor Code of the Russian Federation is not paid. But local regulations of the employer may provide for the procedure for providing paid leave at the birth of a child.

What documents are needed?

The documents that need to be prepared for maternity leave can also be divided into two parts: documents before and after the birth of the child.

Documents before the birth of the child are provided by the expectant mother at her place of work or to social security authorities. These include:

1. Sick leave from the antenatal clinic. The doctor who delivered the baby can extend it.
2. Application addressed to the employer. It is written in any form on the organization’s letterhead.
3. A copy of your passport, photo and registration pages.
4. Details where the benefit should be transferred. If a woman does not have a bank card or account, benefits can be received in cash.
5. Certificate of income , which is issued by the accounting department.
6. Application for payment of benefits . It is also written in free form on company letterhead.

When applying for subsequent parental leave, the following documents will be required:

1. A copy birth certificate .
2. Application addressed to the employer in free form.
3. If the leave is taken out for the mother, then a certificate from the husband’s work is needed confirming that he is not using this leave and is not receiving benefits .
4. photo and registration pages
5. Details where the benefit should be transferred.
6. Application for payment of child care benefits.
7. If the leave is taken out for another person, you need a certificate from the mother’s place of work stating that she is not using her right to maternity leave .

For adoptive parents of children, the procedure for applying for leave is the same.

Form

The application form for maternity leave in 2021 does not have a unified template, so the document is drawn up in a free style.
However, it is required to maintain the structure of the form in accordance with similar official documents.

On the eve of filing the application, you need to review the recommended sample forms for filling it out:

• Application for maternity leave
• Application for extension of leave
• Petition for early leave of absence.

Each application has some nuances and features when executed.

When applying for maternity leave, the following structure must be observed:

Some employees, after completing maternity leave, do not know whether it is necessary to apply for maternity leave? The answer is “YES”.

A request for such leave must be drawn up and personally submitted to the personnel department or directly to the boss. The structure of the application form remains standard. It must contain the following information:

• The title of the position of the head of the company, displaying the name of the company and full name. boss
• Position, department where the employee works and her full name.
• A succinctly stated request for parental leave until the child turns 3 years old
• Petition for a monthly allowance for child care, as well as for compensated payments
• The date the application was submitted, as well as the signature of the employee who submitted the form.

The following documents must be attached to the application:

1. A copy of the baby's birth document
2. Certificate from the company where the employee is registered at work.

When to write an application for maternity leave

An application for maternity leave is required after having a certificate of temporary disability due to pregnancy.
As a rule, such a request is submitted at 30 weeks of pregnancy. In case of multiple pregnancy, the application is submitted at 28 weeks of pregnancy. An application for such leave must certainly be drawn up according to the recommended sample, which can usually be found in the personnel department or in this article (a little lower).

At the same time, it is necessary to take into account legal nuances in order to avoid future conflicts with management. It is advisable to submit the request 7-10 days before the start of the vacation to give the accounting and human resources department the opportunity to process everything necessary.

Note : Before an employee goes on vacation and transfers responsibilities, a corresponding order from the head of the company must be posted and the employee must sign for it.

Application Form

All statements are written in any form, but they must follow a certain structure. Let's look at it step by step:

• “header” of the application, which indicates the name of the employer and his contact information;
• in the upper right corner the full name, position and structural unit are indicated;
• the word “Statement” is written in the center of the sheet;
• the main text in which the request for leave is written indicating specific dates;
• listing the list of documents provided;
• date and signature.

Sample application for maternity leave:

If documents are submitted to the social security authorities, then they must be accompanied by a certificate of the husband’s income and a certificate from the employment center about the amount of unemployment benefits.

After submitting all documents, the HR department issues an order for maternity leave. One copy of the order remains in the personnel department, and the second is sent to the accounting department to calculate the necessary payments.

Order for maternity leave:

General recommendations

When receiving a sick leave certificate and a certificate of registration at the antenatal clinic, it is better to immediately make several photocopies of them , since the original documents must be attached to your application.

If for some reason you are in a conflict situation with your employer, or do not trust him, it is better to write an application for maternity leave in two copies at once . You will give one application to the HR department employee, and on the second he will put a stamp, his signature and make a note that the application has been accepted.

If you are sending an application by mail, do not forget to include an inventory in the letter , as well as attach a notification of receipt by the addressee.

A correctly and timely application for maternity leave will help a woman calmly enjoy motherhood, while receiving a guaranteed cash benefit .

Watch a useful video about the intricacies of maternity leave:

Maternity leave for another person

If the child’s mother wants to go back to work after maternity leave, or if she cannot provide the child with proper care, then the father, grandmother or other close relatives can take parental leave.

In this case, the same set of documents is drawn up:

• statement;
• child's birth certificate;
• a certificate from the mother’s place of work, if she went to work;
• certificate from the place of study, if the mother is a student;
• a certificate from a medical institution if the mother is sick.

The employer has no right to refuse such leave.

If the grandmother takes out maternity leave, then all the listed documents must be accompanied by certificates confirming that the mother and father are not on maternity leave and do not receive benefits .

Find out more about going on maternity leave from the video:

Sample report for military leave 2021

The report, which is written by military personnel for the purpose of granting leave, is in many ways similar to the application, but still has some characteristic differences. It is necessary to start drawing up a document by indicating the individual who will review it, as well as identifying the addressee.

In the very top line of the sheet (on the right) the addressee is written.

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

The word commander is indicated in the dative case, and then the last name, first name and patronymic of the individual are entered. After this, the position of the addressee is written (from the next line also in the dative case).

For example, I wrote such a position as company commander, since that is exactly what I am. And the last thing that remains to be indicated in the introductory part of the report is the last name, full name and patronymic of the individual who draws up this document in order to receive leave.

After the report indicates who is the addressee and who is the addressee, you need to retreat a little space and write the type of document in the center of the line. A word such as a report is indicated in capital letters, and if the document is drawn up on a computer, then also in bold.

What to write first in the body of the report

The military leave document must be submitted to the commander directly in front of them. In turn, this individual is obliged to convey the subordinate’s request to his commander. In this regard, this is the first point that is displayed in the document.

The reporting person must write that he requests that his boss (the individual to whom this document is addressed) petition the higher command for the allocation of vacation days for him. However, all the main details regarding the vacation itself must also be present in the document.

In the introductory part, the position is re-registered, as well as the last name/first name/patronymic name of the individual for whom it is necessary to apply.

Next, it is displayed for which year the person reporting requires leave (for example, for 2021), as well as for what period of time it will last. The duration of the rest must be written down in words. Entering numbers, for example, 25 or 35 days, is highly not recommended.

The report should also indicate from what date the serviceman wants to go on leave. The date is also indicated according to special rules. The day is entered in digital format and the year, respectively, as well, but the month must be written in words. In addition, you can write in the document that additional travel time is required in order to leave the military unit.

Entering requests into a military leave report

If an individual does not belong to the military category, then in order to go on leave it is enough for him to write the dates in the application, refer to a certain legislative act of the Russian Labor Code and submit it to the employer.

However, with the military, things are not so simple. Elementarily, they need to get management to issue transportation documents in order to leave the military unit somewhere. The military may also demand monetary compensation. In this regard, when drawing up a report, do not forget to include the following requests:

• On the provision of transportation documents. As a rule, military units are located far outside the city. Employees live right on their territory, together with their families. In this regard, it is necessary to state in the report that in order for the military man, together with all his relatives, to be able to transfer to the place where he is going to rest, and also to come back to the unit, military transportation documents are required. It also specifies what type of transport the serviceman’s family will use and where they will travel. For example, I needed two transportation documents. One for an airplane (a document for departure from Moscow airport to St. Petersburg airport), and the second for intercity travel by rail;
• On the provision of compensation payments. If management did not receive a sick leave report from this serviceman during the year for which the subordinate applied for leave, then, accordingly, compensation for his recovery was not accrued for him. In this regard, an individual may demand financial compensation, which will be spent on resort-type sanatorium treatment for both the military man himself and his close relatives. Be sure to indicate for what year you expect to receive this compensation payment. As for the size of this payment, it is established by the leadership of the military unit.

How to correctly add family composition

Expert opinion

Kuzmin Mikhail Vasilievich

Practitioner lawyer with 7 years of experience. Specializes in family law. Legal expert.

As noted above, military personnel often go on vacation not on their own, but together with close family members. Information about these individuals must also be present in the document.

In order to correctly enter information about relatives and not write anything unnecessary about them, I strongly recommend using a sample vacation report. According to the sample, you need to write a phrase such as family composition on a new line and add a colon.

Next, on a new line, it is indicated who a certain relative of the reporting military man is. For example, a wife.

Then a colon is placed again and personal information about this individual follows. We are talking about last name, first name and patronymic, as well as year of birth.

Thus, the report identifies all family members who will go on vacation with the serviceman.

The final part of the document should contain information about where the reporting person and his family will be during the vacation. Please note that you must provide an exact address. In addition, the serviceman will need to take care of who will perform his duties during his absence.

The position, surname and initials of the individual who has agreed to temporarily replace the military man going on leave is displayed. And the last thing to do is to give the report legal force.

It is necessary to include the basic details in the document - the date of its execution and the signature of the individual who drew up the report and expects to be granted vacation days.

If it is necessary to draw up a report on the leave of a serviceman under a contract, then this document is drawn up according to exactly the same rules as indicated above. Also, do not forget about the special rules for taking vacations, which may be stated in the contract itself.

Registration in the HR department

After providing all the necessary documents, the HR department must issue orders for the provision of leave and payment of benefits.

The employee’s personal card is drawn up in form T-2, which indicates the period for which the leave is granted.

It is also necessary to correctly fill out the time sheet throughout the entire vacation. In the top lines of the timesheet, an alphabetic or numeric code (P or 14, respectively) is entered opposite the employee’s last name; the bottom line remains empty.

In accordance with Article 66 of the Labor Code of the Russian Federation, the following information is entered in the employee’s work book:

• about the employee;
• about the work performed, transfers to another job;
• about dismissal;
• about awards and incentives.

Information about maternity leave does not apply to any of the listed items. This means that an entry about him is not made in the work book. This is explained by the fact that the period of maternity leave is included in the general and continuous work experience.

How to write a vacation report?

Citizens serving in various law enforcement agencies and other government agencies are granted leave only if they have a properly prepared report.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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Its format differs depending on the position, as well as the place of service.