In Russia, a decree is often found during a decree. This period does not last too long, but everyone needs to know about it. Especially to employers. After all, maternity leave concerns them too. All the nuances will be described below. Is it possible to combine a decree? How to make it?
About the concept of decree
A decree during a decree is a phenomenon that is not always found in Russia, but it does occur. What is included in the appropriate vacation?
The decree means the period before and after childbirth, set aside specifically for the care of the newborn. On average, it is a little over 3 years. Any relative of the baby who will care for the child can issue it. Most often, the mother goes on maternity leave.
Components
Some believe that a decree refers only to the time allotted for caring for a newborn. But actually it is not.
The decree includes:
- maternity leave;
- the period of care for the baby up to 1.5 years;
- leave until the child is 3 years old.
After the latter, you have to leave the vacation and begin to perform official duties at work. Sometimes women give birth to children with a small age difference. And in this case, they think about going on maternity leave at the time of the decree taken earlier.
On the right to extra rest
Is there any way to do this? Or is a woman obliged to go to work within the originally established time frame?
You can leave maternity leave. Every person caring for a child has such a right. Just not everyone knows the features of such a step. We will talk about them later.
About the timing
As we have already found out, maternity leave in Russia consists of several parts. It begins with a break before childbirth and continues after them. A similar vacation takes place at approximately 30 weeks of pregnancy for the employee. It is 70 days before the DA and 70 after. It is this scenario that occurs in general cases. That is, when the pregnancy is singleton, and the birth passed without consequences.
Further, maternity leave, as we have said, is divided into 2 parts - up to 1.5 and up to 3 years old baby. If an employee leaves maternity leave on maternity leave, then usually the length of stay at home will last until the youngest child reaches three years old.
Additional time
In general, we already learned about maternity leave. But what if the birth was complicated, or several babies were born?
In these situations, a woman’s disability period will be slightly lengthened. This is a completely normal and legal phenomenon. If complications appeared during childbirth, the maternity leave will be increased by 16 days on the sick-list, and at the birth of several children, as much as 40 days is added.
About abbreviations
It is also worth paying attention to the fact that pregnant and recently giving birth to women in Russia are the most protected category of employees. The thing is that according to the Labor Code of the Russian Federation they have certain guarantees.
For example, the right to another decree during the decree. With all this, the employer has no right to reduce the period of parental leave. But the employee, at her own request, can return to work ahead of schedule.
About Warranties
As we already said, the second maternity leave in the Russian Federation is allowed. And it is used in real life quite often. Employees who recently gave birth and went on maternity leave are protected by the Labor Code.
So, for example, it is forbidden to terminate the employment contract at the initiative of the employer. It is possible to dismiss a pregnant or newly made mother (as well as any other employee who has gone on maternity leave) only upon liquidation of the enterprise. Or this is possible at the personal request of the subordinate.
The second decree does not constitute grounds for dismissal. Moreover, the employer is obliged to "hold" a place for a subordinate who has gone on parental leave. Such guarantees are offered by the Labor Code of the Russian Federation.
Grounds
Now a few words about how to properly arrange the study vacation. In fact, he has nothing special.
The basis for the decree is a certificate of incapacity for work. It is made out in a medical institution where a woman is observed throughout pregnancy. The doctor examines the patient, and then he draws up an appropriate certificate.
As we have said, you can go on maternity leave already at 30 weeks of gestation. However, some women prefer to work right up to the birth. And only after the appearance of the child to take a vacation. This is their legal right. The employer, as we have already said, should not be forced to work or take a vacation.
Procedure
What is the procedure for making maternity leave? To begin with, consider the birth of the first child in the family. In this case, the process does not provide any features.
The following algorithm of actions should be observed:
- Undergo a medical examination and get a certificate of the established form from the doctor.
- Write a maternity leave application.
- Submit a request to your boss.
- Wait for the signing of the application.
That's all. Now you can go on a well-deserved rest. Nothing incomprehensible, difficult or special. Similarly, maternity leave is issued for the husband. But, as a rule, the spouse is allowed to go on leave to care for the baby only after his birth. Otherwise, the algorithm of actions will be extremely simple.
For fathers and others
What exactly is the procedure for issuing a vacation? It is necessary:
- Collect the necessary package of documents. Usually it is a passport, birth certificate and marriage certificate.
- Write a letter of decree.
- Submit an application with documents to your employer.
It's all. After checking the submitted papers, maternity leave is issued to one or another citizen. For example, the father of the child. Other relatives are also entitled to it. And the indicated periods will be paid in the amounts established by law.
About payment
A second pregnancy during an unfinished decree is not uncommon. To understand the consequences of the second period of leave on parental leave, it is worthwhile to study in detail the features of the decree in principle.
All employed citizens the studied period of time is paid. Employees caring for children receive a lump sum payment, as well as a variety of benefits. They are paid:
- on maternity leave;
- until the baby reaches 1.5 and 3 years old, respectively.
How much money is put in this or that case? It all depends on many factors. This includes the salary of the employee, and the period of stay on vacation. At least 3 indicators are taken into account:
- average earnings per day;
- billing period;
- total vacation time.
All this really seriously affects maternity benefits. We can say with confidence that if a second application for maternity leave is filed with a previously incomplete period of care for the baby, then such a period of time will be paid in smaller amounts. But why?
About the billing period
The current legislation of the Russian Federation singles out the accounting period as an extremely important component. It is because of this that the second maternity leave sometimes causes a lot of trouble. More precisely, the employees have a lack of understanding of the overall situation.
The billing period is the last 2 years worked by an employee in a company. And no other way. In this case, you will need to subtract from:
- days of vacation, sick leave and business trips;
- absenteeism and absenteeism without good reason;
- days when earnings were partially maintained or changed all the time.
All time intervals in which deductions to the Social Insurance Fund were not made are not included in the calculation period.
From the foregoing, it follows that the studied component may be equal to 0. This is possible if a second maternity leave is issued. More precisely, if the estimated period falls on pregnancy and leave to care for the first child.
Features for Moms
There is one interesting point in this area. Only now it has almost no place.
The new rules for calculating maternity benefits entered into force in 2013. From this moment, it is forbidden to change the billing period. This rule does not apply to women who have gone on parental leave up to 1.5 years old or up to 3 years old before 2013. Suppose an employee went on maternity leave in 2012. And by 2013-2014 she became pregnant again. Required to go on maternity leave on maternity leave. Under such circumstances, a woman can write a statement to change the billing period.
Average daily earnings
Maternity leave will be paid taking into account the average daily earnings of the employee. This is a legal phenomenon. Accordingly, the more a woman received, the higher the resulting payments will be.
To get this value, you need to take all the payments transferred to the employee for a particular calculation period, and then divide them by the number of days worked.
No salary
But what if the woman goes on maternity leave on maternity leave? In this situation, as already mentioned, she will not have earnings. And, accordingly, getting an average salary per day will not work.
But this does not mean that there will be no payments. Every mother has the right to state support. And in the case of employment all the more. The calculation of vacation pay for the decree will be based on the minimum wage. It is different in all regions of the Russian Federation.
Average benefits
How much money can you get on average from an employer during pregnancy and childbirth in 2017? Answer definitely will not work. Indeed, many factors influence the payments.
On average, you can count on such payments:
- minimum 254,700.00 rubles (30593.10 - if there were complications and 38045.26 - with multiple births);
- the maximum 228,602.74 rubles (254,728.77 for complicated births and 316,778.08 for multiple births).
On average, payments will amount to 40% of the employee’s salary.
The order of execution of the second decree
How to go on maternity leave during maternity leave? To do this is actually not so difficult. Especially if the payments are not too interested in the mother of the child.
It is proposed to act as follows:
- Write a letter to interrupt parental leave.
- Make a request to go on the next decree.
- Submit applications to the employer.
- Attach documents confirming the birth of a new baby.
- Wait for signing statements.
As a rule, everything is extremely simple and clear. But employers are usually not enthusiastic about the second decree. In real life, such employees are offered to either go to work or quit on their own. After all, after a long stay on vacation, a woman will still be able to, if necessary, be removed from her duties and terminate her employment contract.
Who doesn’t get paid
Some people wonder who are not entitled to maternity benefits. This is a logical question that arises among the population.
The amount of benefits for two children varies. Their size depends on a huge number of factors. But we can say with confidence that they cannot count on maternity payments and on appropriate leave:
- women without formal work;
- Entrepreneurs
- correspondence students;
- fathers.
More specifically, dads and other relatives have the right to parental leave and appropriate compensation. But the decree is not included here.
Summary
We found out the features of the decree in this or that case. In fact, this is a common and uncomplicated procedure. In particular, if you discuss your plans with your employer in advance.
An application for interruption of parental leave is a mandatory document requested upon leaving the second decree. Without it, the employer will not be able to extend the rest period and pay the required compensation.
In real life, not every woman decides to leave the decree in a new decree. After going to work, such an employee can be fired if they consider that she is not coping with her duties. That is why it is recommended to warn the employer about the plans in advance. But while the woman is on maternity leave, she is protected by the Labor Code of the Russian Federation from all sides!