A working woman who has become a mother needs to figure out when the next vacation is due after maternity leave. At the same time, we will figure out what happens to the unused calendar days of paid rest upon dismissal after the decree.
What holidays are due to a young mother
An employee preparing to give birth to a child, in accordance with Art. 255 of the Labor Code of the Russian Federation provides for paid maternity leave (PiR), also called maternity leave, or simply a decree.
The duration of this holiday in total is:
- with a singleton pregnancy and successful delivery - 140 calendar days (70 before delivery and 70 after);
- with complicated childbirth - 156 days (70 and 86);
- - 194 days (84 and 110).
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 provide 194 days of decree, since it is calculated in total.
Regardless of the duration of the BiR vacation, a citizen retains paid regular leave for a period of at least 28 calendar days during each year.
The Labor Code also provides for various additional paid holidays that are due to employees with irregular working hours, dangerous or harmful working conditions, etc.
A citizen who has worked at his current place for at least six months is entitled to receive a regular vacation on a general basis. An exception is provided for a woman preparing for motherhood (Article 122 of the Labor Code).
In the same way, immediately after maternity leave, you can take another vacation, which is allowed to include non-vacation days for past years worked in the organization.
Note: a pregnant woman or a woman who has given birth to a child has the right to receive annual leave at any chosen time, regardless of the approved vacation schedule.
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, at her own discretion, chooses how to act:
- use this leave in full;
- dedicate part of the term to the child and then go to work;
- return to workplace immediately after the BiR vacation, entrusting the care of the baby to another person ( detailed information about going to work during maternity leave).
Care leave is divided into two equal periods, and the first year and a half are paid by the employer, while the second is not. This is a good reason to return to work without waiting for the child's 3rd birthday.
How to take another vacation after maternity leave
In order to receive annual paid leave due after the decree, it is necessary to write an application addressed to the head of the organization in a unified form.
The document must contain:
- request for another paid vacation;
- number of calendar days of rest;
- the first and last days of vacation (“from ... - to ...”);
- employee's signature;
- date of application.
Need to know
When going on a regular vacation and counting her vacation experience, a woman should know which periods are counted in the experience and which are not (Article 121 of the Labor Code of the Russian Federation). It is important that B&R leave is included in the length of service, and the employee will receive 11 days of the next leave for it (for the standard - 140 days). And the period of leave to care for a child up to 3 years is not included in the length of service, and it is impossible to get leave during this time.
An employee of a large enterprise should indicate her personnel number and the name of the unit, as well as enlist the resolution of her immediate supervisor.
The document is transferred, depending on the procedure established by the company, to one of the following persons:
- business secretary;
- HR specialist;
- direct supervisor;
- accountant.
If an employee takes another vacation after maternity leave, the latter is not included in the billing period and does not affect the amount of vacation pay.
Please note: it is unprofitable for a woman who intends to use one and a half or all three years of parental leave to go on regular leave after the decree for two reasons:
- the total duration of rest will be reduced by the period of the next vacation, since the leave for care will not be extended - you need to return to the workplace immediately after the child reaches 3 years of age;
- the employee will be left without child care allowance during the next vacation, since two vacation allowances are not paid at the same time.
It is more profitable to use the annual leave after the end of the care leave.
What happens to non-vacation leave upon dismissal after the decree
Use of accumulated holidays
At the end of the B&R vacation or childcare leave, a woman has the right to use the non-vacated parts of regular vacations for all the years of work in the organization.
If the employee intends to quit, you can either go on a long paid non-vacation leave after the decree before filing a letter of resignation, or in accordance with Art. 127 of the Labor Code to receive monetary compensation for all unused vacation periods. Read about the dismissal of a maternity leave of your own free will.
Without leaving, the employee has the right to receive a refund in money only for the next vacation not taken off last year, as well as for all unused additional vacations (if any).
An application for paid leave, including unused periods of past years, is written in the same unified form, indicating the total duration of the rest.
Watch the video about the features of the vacation after the decree
Compensation for all unused holidays
If a woman plans to receive monetary compensation for non-vacation calendar days, it is necessary to determine how compensation for unused vacation after maternity leave and parental leave is calculated.
The billing period is 12 months prior to going on maternity leave.
The amount of compensation is equal to the average daily earnings of the employee for the billing period, multiplied by the total number of days of unused vacation.
The number of days of non-vacation basic leave in a fully worked year is 28 - O,
where O is the number of vacation days used.
Unused vacation for a year not fully worked is equal to:
28: 12 x M - O,
where M is the number of full months worked.
The worked period of half a month or more is rounded up to a full month.
You can ask questions about vacation after the decree in the comments to the article
A decree is a long period of absence of an employee from the workplace.
At the end of this period, the employee has the right to extend his vacation by issuing a minimum annual duration.
Is it required by the Labor Code of the Russian Federation?
Many employees, coming out of maternity leave, do not know that they are legally entitled to take another 28 days paid vacation.
In this case, it does not matter whether the period has been worked out for such a duration. The employer is obliged to release the employee, regardless of the length of service subject to the following conditions:
- The application for the next vacation is written directly at the end of maternity leave(there should be no working days between the decree and the annual rest);
- Worker did not use this right before leaving on maternity leave - to receive such a vacation, it is written.
If these two conditions are met, then the employee can take 28 vacation days immediately after the decree.
Such a right is spelled out in article 260 of the Labor Code of the Russian Federation, and the employer has no right to refuse.
To take another vacation after maternity leave, you need write to the employer an application for vacation time.
It is better to do this in advance, so that the accounting department managed to calculate vacation pay and pay them 3 days before the start of the holiday.
How to calculate the days of annual rest?
In accordance with the Labor Code of the Russian Federation, an employee is entitled to an annual vacation, regardless of length of service.
In the vast majority of cases, she equals 28 days.
If necessary o there is no experience, then the next vacation is provided in advance.
The employee will be required to work this time in the future.
If there is sufficient experience, then you can take annual leave for the hours worked.
At the same time, the number of vacation days required is calculated taking into account the vacation experience - the period of work for which vacation days are accrued.
- while working before the decree;
- during the period of sick leave pregnancy and childbirth;
- during maternity leave caring for children up to 3 years of age.
For the period of work before going on maternity leave
For every month worked Before going on maternity leave, an employee is required to: Number of days = Annual duration / 12 months.
With a standard duration of 28 days, this 2.33 days for every full month work.
- Calculate duration vacation experience, expressed in months.
- Multiply the number of months of service by 2.33 (if 28 days are required per year).
- From the resulting vacation time take away already used holiday days.
The result of this calculation will be the number of days that the employee is due for work before the start of the decree.
For sick leave for pregnancy and childbirth
Maternity leave entitles you to annual paid leave in the same manner as regular months worked.
That is, with an annual duration of 28 days, for each month of sick leave according to BiR, 2.33 days of annual paid leave are required.
Depending on the duration of the maternity leave the employee is required to:
- 140 - rounded up to 5 full months, for which you can take 11.65 vacation days (5 * 2.33);
- 156 - rounded up to 5 full months, also 11.65;
- 194 - rounded up to 6 full months, 14 days are supposed.
During the care of a child up to 3 years
Unlike sick leave according to BiR, maternity parental leave does not entitle you to annual leave, therefore, for this time period, the employee is not accrued a single vacation day.
Step-by-step procedure for calculating vacation pay
So that when registering the next vacation immediately after exiting the decree, you need to perform the following steps:
- Step 1. Calculate the number of vacation days required.
For this, the duration of the vacation is added up for the time before going on maternity leave, as well as the days for the period of sick leave for pregnancy and childbirth.
If the calculated amount is not enough to satisfy the request of the employee, then the remaining days are provided in advance.
- Step 2. Set what period will be the billing period.
By general rule vacation pay is calculated 12 calendar months before the month of the start of the next vacation.
The entire period of the maternity leave is made up of the excluded period - maternity leave.
This means that it is necessary to take the earlier 12 months when the employee had income. As a rule, this is the year before going on sick leave for pregnancy.
- Step 3. Calculate the total earnings for this period.
It is necessary to add up all payments from which contributions were paid, while excluding sick leave, vacation pay, benefits, compensations not related to wages, travel and other payments for average earnings.
- Step 4. Identify the presence of incomplete months in the billing period.
These are the months in which there was temporary disability, vacation of any type, business trip, absenteeism. For such months, the calculation is carried out in a special way.
- Step 5. Calculate the average earnings for one day.
For this, the formula is used:
Formula:
SDZ= Salary for 12 months. / (Number of full months * 29.3 + Days worked in partial months).
For every partial month calculation of calendar days worked carried out according to the following formula:
Formula:
Days worked in an incomplete month =(Days actually worked / Calendar number of days of the month) * 29.3.
Step 6. Multiply the average daily earnings by the length of the vacation.
Example
Conditions:
A woman leaves the decree on May 14, 2018 and immediately goes on her next vacation, the application indicates the desired duration of 28 days.
Date of employment - 01.09.2013.
The number of vacation days used is 28.
Monthly salary before going on maternity leave = 25,000.
In November 2014 she was ill for 10 days, the salary was 18,000.
Calculation:
Vacation experience before the start of the decree - 18 full months - 42 vacation days are required.
For sick leave in BiR in 140 days, 12 is required.
In total, taking into account the used vacation, a woman is entitled to 26 days.
Since she requested an annual duration, 2 days will be provided in advance.
The settlement period is from 03/01/2014 to 02/28/2015 (12 months before the decree).
Income for the specified period = 25,000 * 11 + 18,000 = 293,000.
Average daily earnings = 293,000 / (11 * 29.3 + 20 / 30 * 29.3) = 857.15.
Vacation pay = 857.15 * 28 = 24,000.
conclusions
An employee has the right to go on annual leave immediately after the end of the maternity leave. To do this, it is enough to write an application for the provision of vacation time from the day following the end of the decree.
The right is enshrined in Article 260 of the Labor Code of the Russian Federation and is possible for implementation if not used earlier before leaving for sick leave due to pregnancy.
The number of days a woman can request is 28. The employer has no right to refuse. If there is no sufficient experience, then the vacation is issued in advance with subsequent working off.
So the decree and parental leave are over, it's time to plunge back into everyday work, leaving the baby with a nanny or sending him to a nursery. But what if a young mother still can’t “escape” to work for some reason? Can she take a vacation as soon as she comes out of maternity leave? In this article we will try to find out whether another vacation is possible after maternity leave, and what nuances are characteristic of it.
About calendar paid leave
Absolutely every employee of any organization is given the right to rest from work every year for 28 days. This is the calendar paid vacation. You can read about it in the Labor Code of the Russian Federation, namely in chapter nineteen. This leave may last longer if the employee works in difficult or dangerous conditions. Teachers are also entitled to extended leave, but they can only take it during the summer holidays.
Expert opinion
Andrey Leroux
Let us immediately determine that the name “maternity leave” is the everyday, that is, the unofficial name of two types of leaves, namely prenatal and postnatal. Thus, it would be a mistake to include the time of caring for a child in the concept of maternity leave.
In the light of the topic under consideration, we immediately note that a woman who goes on prenatal leave or left after the birth leave has the right to receive the main paid leave both before the first and immediately after the end of the second, regardless of the actual number of days she worked with the employer before the appointment. prenatal leave.
What do the laws of the Russian Federation dictate to us?
Legislation Russian Federation It is stipulated that a pregnant employee is entitled to leave, the duration of which is 140 days. Of these, 70 days are provided before childbirth, the remaining 70 after them.
Vacation time can be extended:
for 16 days in case of birth and postpartum complications;
up to 84 days of prenatal leave for multiple pregnancies;
· up to 90 days of prenatal leave if a woman lives in radioactive contamination zones;
· up to 110 days of postnatal leave for the birth of twins, triplets and so on.
At the end of the postnatal leave, a woman has the right to take parental leave for a period of one and a half to 4.5 years, provided that only one and a half years of leave are paid.
Both prenatal and postnatal leave are not prerequisite, that is, a woman can both exercise her right to them, and refuse, continuing to work. The choice of the woman will be binding on the employer.
Any employer can independently increase the duration of the annual leave of his subordinates. To do this, he needs to make appropriate notes in the documentation of the organization, which contains information about the vacation of employees. But the management of any enterprise has no right to reduce the calendar vacation. Reducing the vacation days of an employee (at least one day) is a violation of the law, for which the employer will have to be held responsible.
If the employee is on vacation, the employer cannot recall him without good reason. In addition, the employee himself must give his consent to get out of vacation and take it off later. In the event that an employee does not want to go to work without having rested for the prescribed 28 days, the employer does not have the right to demand his release from vacation.
Sometimes, and now quite often, the employee is offered to divide his annual leave into two parts, that is, take two weeks off now, and the remaining 14 days later. By the way, this is exactly what many young mothers do. They take half of the next vacation before the decree, and the remaining half they finish right after the maternity leave.
Calculation of leave after maternity leave
Many are interested in the question of how the calendar leave is calculated, which is taken immediately after the decree. Basically, the vacation pay that a woman should receive is calculated based on her average earnings during the last year worked, taking into account:
production bonuses, allowances and surcharges;
regional coefficient;
Remuneration associated with the length of service or based on the results of work for the year;
benefits for temporary disability;
indexing.
Expert opinion
Andrey Leroux
More than 15 years experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure
Recall that a woman can receive leave after a decree or parental leave if she has worked for the employer for only one day. Accordingly, it is impossible to talk about average earnings in this case, which means that the calculation will be made on the basis of the official salary under an employment contract.
The following are not taken into account when calculating vacation pay: · one-time payments in the form of travel allowances, compensation for unused vacation, fees, subsidies and incentives for significant days;
Bonuses for achievements not related to direct job responsibilities;
interest and dividends on deposits and shares.
The vacation pay calculation algorithm will look like this:
- earnings for the period are divided by 29.3 to establish the average daily earnings (ADW)
- the received SDZ is multiplied by the number of days of vacation provided, excluding weekends and holidays
- personal income tax is calculated at the current rate of 13%.
Taking another vacation after maternity leave
The right of a woman to take the main annual paid leave immediately after the end of maternity leave is regulated by Article 260 of the Labor Code of the Russian Federation. The right of a woman to the main leave at the end of the childcare period will be preserved, but only if the leave was not used before going on prenatal or postnatal leave. That is, the main rule for assigning basic holidays is unchanged - vacation can only be granted for hours worked.
If the main leave was divided into several parts, and the woman used only part of it before taking the prenatal leave, then the leave after leaving the parental leave can be granted to her only for its unused part. It is equated to the length of service giving the right to the main paid leave, only the time of prenatal and postnatal leave. The conventional wisdom that being on parental leave will be equated to working time has no basis.
In accordance with Art. 121 of the Labor Code of the Russian Federation, the time spent on maternity leave gives the right to receive only the main leave, and cannot be the basis for appointing an additional one.
It should be noted that the opportunity to receive the main leave immediately after leaving the decree or after the parental leave will remain with the woman only if the application for the leave is submitted on the last day of the maternity leave or child care period. Going to work even for one day deprives her of this right.
A decree is a special leave. Its more official name is "for pregnancy and childbirth." The main meaning is to take care of the health of the child, as well as his mother. Some people also understand the decree as the leave that is given to care for the baby until the moment when he can go to kindergarten or even to school. But this is the wrong wording. A woman on maternity leave is directly a certain number of days before and after childbirth. This is regulated by the Labor Code and Federal Law No. 255.
To whom is the decree
In general, an ordinary holiday of this type, with all due payments, in the same way as the decree after the decree, is laid down by almost all women in Russia. Moreover, this number also includes foreign citizens who temporarily or permanently reside in the country and immediately work. They have all the same rights as ordinary citizens. But this rule does not apply to those categories of mothers who are foreign citizens and do not work. Among other things, the same applies to the citizens of Armenia, Kazakhstan and Belarus. It should be noted that the principle of payment is based on whether a woman works or not. The maternity calculator simply will not calculate anything in a situation where a pregnant woman has not been officially employed anywhere in the country up to this point. One more interesting feature is the fact that the father is entitled to part of the payments, but only on the condition that the mother does not receive them. In this case, we are not talking about payments for pregnancy and childbirth, which, in principle, do not rely on a man, but about the allowance that is paid until the moment when the baby grows up to one and a half years. Here an important factor calculation is the work, or more precisely, the amount of wages. Accordingly, the higher they are, the higher the payment from the state will be.
Decree calculation
The amount can vary within a fairly wide range from minimum to maximum. These values vary from year to year, so for a particular period of time, the data should be refined. For example, in 2016, the minimum allowable amount is 28,555.40 rubles, and the maximum is 256,027.40 rubles. The same can be said about the decree after the decree. To calculate, you first need to determine the average wage for the desired period. In this case, the amount should not exceed those figures that are established by law based on the maximum value of the base. It is also the basis for calculating payments for pregnancy and childbirth for those categories of the population that are this moment does not work. This base also has different indicators from year to year. For example, if you receive this money in 2017, you should take into account the bases for the last 2 years. In 2015, it was 624,000, and in 2016 - 711,000 rubles. As a consequence, they are added to each other and divided by the number of days in two years (730 or 731, depending on whether the year was a leap year or not). As a result, we get the maximum allowable amount of 1828.77 rubles per day. But this is a fantasy that is practically unattainable for most women. Usually, the minimum wage is taken into account and the total amount for all 140 days of such a vacation will be almost 10 times less. For example, in 2016 it will amount to 28,554.40 rubles.
Timing and duration
The total period of the decree, which the maternity calculator may require for an accurate calculation, ranges from 140 to 194 days. This should be looked into in more detail. So, almost all women are given exactly 70 days of vacation until the moment of delivery. The exception is those representatives of the weaker sex who are pregnant with several children at once. In this case, the whole 84 days will be given before the birth. Further, immediately after childbirth, the rest period will also be from 70 to 110 days. The very minimum is provided to those ladies for whom everything went according to plan and without complications. It also takes into account how many children were born at the same time. If one, then the period will be 70 days. If 2 or more - 110 days. Separately, it is worth mentioning those cases when there were complications during childbirth. There are already 86 days for rest. In total, with the most favorable outcome for a woman and the birth of 1 child, 140 days in total will be given. If there were complications, the total period will be 156 days, but if two or more children were born, regardless of whether there were problems or not, as many as 194 days of vacation are required. The decree immediately after the decree in this regard is practically no different. In principle, it is impossible to give birth immediately after 140 (or even 194) days, so this question never arises.
Design features
There is a specially developed procedure, according to which it immediately becomes clear when they go on maternity leave. So, the first and one of the main documents is sick leave. It is issued by a medical institution around the 30th week of pregnancy (or the 28th, if all data indicate the possibility of having multiple children). The employer is obligated to pay. If there is none, or for some reason he does not have the opportunity to pay the required amounts (for example, bankruptcy proceedings are underway), then the social insurance authorities are doing this instead. Having received a sick leave, the company's management is obliged to issue a special order, the form of which is also thought out in advance (it is called T-6). After everything is formalized, future mom can, with a clear conscience, go to rest and not worry about anything else. It should be noted that it is impossible to foresee complications during childbirth, if this does happen, you will need to additionally visit the place of work and write an application, according to which the vacation will be slightly extended. There are no longer any special forms, so any kind of document is allowed that will not contradict the law.
Delayed maternity leave
After a woman has received sick leave, she may not immediately go on vacation. It is only a right, not an obligation. If the decree after the decree implies the onset of childbirth even before the moment when the parental leave has ended (this will be discussed in detail a little lower), then in this case we are talking about the same vacation from 140 to 194 days long. For example, there is a sick leave that starts on December 20. It ends, respectively, after 140 days. A woman may decide to go on vacation not from the specified date, but immediately after the New Year holidays. This does not mean that the rest will move a little. It’s just that the total duration will be less and will still end in a clearly fixed period. This is not practiced very often, but it is useful in certain situations. For example, if in recent months before childbirth, a woman receives a salary much higher than before.
Payout features
The question of how maternity pay is relevant for a fairly large number of women. General rule says that even if the income comes from different sources, you need to specify only one point of payment, otherwise you will violate the law. So, for example, a woman worked at the same time in two different firms. She is obliged to name exactly the organization that will pay her the money, based on the choice that she has. When they go on maternity leave, such information is studied first of all (if it is really relevant for this situation). Having chosen the right company, with which it is easier and more convenient to communicate, a woman will receive the amounts due to her from there. And for the employer, the important information is that you can pay in advance for the next month or, if this is not possible, then the next month after the allowance is accrued. That is, in the first case, the company pays its own money, which is subsequently compensated by the state. In the second option, the company first waits for the amount to be accrued, and only then makes the payment.
Benefit
All of the above related directly to payments for pregnancy and childbirth. But there is also a special allowance, which is also due to mom (or dad) until the moment when the child's age reaches 1 year and 6 months. It is with how much they pay in a decree of this type and what features are taken into account here that most of the questions are connected. So, the general calculation and most of the factors here, in principle, practically do not differ, however, the payment does not occur immediately, but gradually, monthly, throughout the entire vacation period. For this leave and documents should be submitted immediately after the birth, but no longer than three months after the fact of their occurrence, otherwise this possibility disappears.
Second Decree
Let's imagine a situation where a woman successfully gave birth, applied for benefits and went on parental leave for a year and a half. A situation is quite real in which, towards the end of this period, she will have to give birth again. Many moms who want multiple kids prefer to have them close in age, so this sort of thing is not uncommon. In terms of payments for pregnancy and childbirth, there is no difference here, but in the case of benefits, there is. So, a person cannot receive two such payments at once. The later overlaps the earlier. For example, the age of the first child is only 1 year old. In theory, you can still receive money for 6 months, but if childbirth occurs, you should not postpone it and you should immediately apply for a new allowance. This is called decree after decree. As a result, six months of payments are simply lost. This is not very profitable, although in some situations just such an approach will allow you to get more money, especially since the amount of payments for the second baby is much larger.
How not to lose money?
Since not everyone can independently calculate how much they pay on the decree, and even more so to figure out where and how it will be better to receive money, you can do it much easier. The second (or first) leave is reissued by the father, grandfather, grandmother or other suitable relative. He will have to leave work before the end of the "rest", but this, again, can be beneficial. Moreover, many people can quite successfully work at home, although with two children it is much more difficult. With this approach, the first payments continue to go to mom, and the second, for example, to dad. Nobody loses anything and everyone benefits. Especially if the second parent does not officially work and at the same time does not lose wages.
Second child after maternity leave
This is the simplest situation. Since maternity pay is strictly on fixed dates, immediately after going to work, you can safely give birth again and receive them all in full without any tricks and similar actions that are controversial from the point of view of legislation. For example, a mother gave birth, received a maternity benefit, issued an allowance and successfully raised a baby for a year and a half. After that, she went to work, where she stayed for another 3-4 months, and again went on vacation, having received all the same without any problems.
Results
The system of calculations and accruals is not very complicated and most parents simply do not need it. The bottom line is that if the employer calculates all payments, he will not be able to do anything not according to the law. And if this does happen, then in the end the money will still be received, and a fine will be imposed on the company. In the same situation, when the social insurance authorities pay for everything, you should not worry at all, the workers there have vast experience and everything is carefully rechecked several times. Again, even if an error occurs, because all people can make mistakes, the right amount will still be paid in one way or another. Decree after decree is no different in this regard, so if there is no particular desire to delve into the problem, then in general this does not need to be done.
