The mother has the right to use leave to care for her child until he turns 3 years old. After this she must come to her own workplace and begin work duties.
However, not all women are ready to do this right away. The legislator has provided for them the opportunity to exercise the right to use the next vacation immediately after maternity leave.
It does not matter how long she worked in the company. The employer has no right to refuse her rest, even if she has not yet worked the required days. In such circumstances, leave time will be provided to her in advance.
Based on the application, the HR specialist issues an order(Forms T - 6) for vacation and three days before its start, the employee is paid vacation amounts. The employee must be familiarized with the order and signed.
How to calculate how many days you can take?
According to the law, a woman caring for a baby has the right to count on another vacation immediately after maternity leave in the amount 28 days regardless of length of service.
Unworked days are provided to the employee in advance, so there is not always a desire to use such a right.
Very often, employees have days off that they did not use before going on maternity leave. After maternity leave, they can easily use them without an advance payment and stay at home with the child for longer than three years.
By general rule, for each month of work, employed citizens are entitled to 2.33 days of rest. For example, if a person got a job in January and goes on vacation in August, he is entitled to 2.33 * 7 = 16.31 days.
During sick leave for pregnancy and childbirth
The main ones are:
- salary;
- bonuses;
- allowances and surcharges.
Formula for calculating vacation pay:
NW= Zg / 12 / 29.4, where
- Сз – average earnings;
- Zg – earnings for the year before going on maternity leave.
- O = Sz * Kdo,
- O – the amount of vacation pay;
- Kdo – vacation days.
Vacation amounts are required are subject to income tax. Therefore, a person receives the amount minus 13%.
Example
Let's look at a specific example of how vacation amounts are calculated.
Initial data:
Before going on maternity leave, the employee was accrued 250 thousand rubles for the year.
After returning from maternity leave, a woman (working under an employment contract) has the right to request annual leave from management. The registration procedure in this case occurs as usual.
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Labor legislation states that on the child’s birthday (when he is 3 years old), a woman still has the right to remain on maternity leave.
She should leave it only the next day. Moreover, she must return to the same position as before the vacation and do the same work.
General information
A young mother can take out her next annual leave immediately after leaving. And this is not affected by the presence of six months of time worked.
The legislation provides every citizen with the right to take annual leave, which will be paid by the employer.
On a general basis, its duration is from 28 calendar days. For citizens working in hazardous conditions, this period can be extended.
The law does not allow an employer to:
- independently reduce the amount of vacation;
- pay compensation instead of vacation;
- interrupt an employee's vacation without a valid reason.
But the employer (as well as the employee, if desired) is allowed to divide the vacation time into several parts.
Most often, for responsible employees in production, vacation is divided into two parts of two weeks.
A pregnant employee is supposed to be given leave, the basis for which is. The length of maternity leave may vary.
If no complications arose during pregnancy and childbirth, then its total duration is 140 days (70 each before and after birth).
After this, the woman receives the right to use maternity leave, which lasts until the baby reaches three years of age.
A woman herself must decide whether to go on maternity leave or not. She can also independently choose the date of her return to work.
Many young mothers, afraid of losing a good, well-paid job, provide care for their child to relatives or nannies.
In fact, the employer does not have the right to fire such an employee. Otherwise, she can defend her rights in court.
Basic Concepts
Maternity leave should not be confused with regular leave. They are not connected in any way. These are different periods of time, the payment of which also occurs in different ways.
During her work, a woman can receive the following types of leave:
In the latter case, the employer pays only for a period of up to 1.5 years. After this, the leave is unpaid, and the woman receives only compensation (about 50 rubles).
When it's laid
The right to take out the next vacation arises for every citizen who has worked for six months.
During pregnancy, the employee immediately receives the right to use all of the above types of leave. And this does not depend on the number of days worked before.
This also means that a woman can take annual leave immediately after maternity leave ends or before it begins.
For an ordinary employee, the employer can replace unused vacation with monetary compensation. But this rule does not apply to pregnant women.
They can take leave before the start of the BIR leave or after the complete end of the entire maternity period (1.5 or 3 years).
Current legal framework
The issue is regulated by the following legislative acts:
The employer is obliged to comply with the law. Otherwise, he may face a fine or even be sent to correctional labor.
Submission procedure
To begin registering for leave, the employee must write to the director, expressing her desire to use this right.
The application can be written indicating a period of leave of three years, but the woman is given the right to interrupt it at any time at her request.
The secretary must endorse this document, after which it is transferred to the accounting department for accrual of funds. The timing of the vacation should correspond to the time of the birth of the child.
If a woman wants to take another leave after or before maternity leave, then she must write a second application.
If she wants to get two leaves together (maternity and annual), then she should write two applications at the same time.
If leave is granted immediately after maternity leave, then the application should be written three days before the end of the maternity leave.
This usually happens when a woman decides to quit immediately after the end of her vacation. This will allow you to extend your work experience by several weeks.
After receiving such an application, the employer cannot refuse his employee. He issues an order, which is sent to the personnel department and accounting department.
Necessary conditions for annual vacation
Most often, after returning from maternity leave, employees want to take annual leave in the following situations:
- registration of the next leave immediately after the end of maternity leave;
- a woman works part-time and at the same time receives child care benefits for up to 1.5 years;
- registration of leave to care for a baby up to 1.5 years.
The first case involves accrual of vacation pay according to the general scheme. To make the calculation, the accountant must take the period of work that preceded the registration of the maternity leave.
This does not include maternity leave. Also, a young mother has the right to work part-time during maternity leave.
In this case, she will be able to receive both child benefit and salary. When calculating vacation pay, accounting should take this into account.
Where to go
A woman must inform the head of the enterprise or the structural unit where she works about her intention to go on vacation.
In this case, a statement must be written, since an oral message has no legal force.
The application should be drawn up strictly according to the sample. The text must mention the proposals for legislation and indicate the reason for the request.
Depending on the internal regulations of the organization, the application can be submitted to the following persons:
- the head of the enterprise;
- head of the HR department;
- to accounting;
- manager's secretary.
After receiving the application, in any case, the manager must affix a visa to it. In his absence, this can be done by an authorized person who has the right to sign.
How to calculate leave after maternity leave
Deadlines for compiling a vacation
It is important to remember that the start of maternity leave must coincide with the date of birth of the child. The same applies to exiting it.
The next annual paid leave may last:
If an employee has not been on vacation at all for several years or has not used it completely, then before or after maternity leave she has the right to use all the missed days.
Possible nuances
Legislation gives a young mother the right to add annual paid leave to maternity leave.
To do this, you should take the following steps:
- take leave before going on maternity leave;
- immediately after the end of maternity leave, take part or full leave;
- receive compensation for unused vacation due to dismissal.
At the end of maternity leave, the young mother must begin working duties. But circumstances may be such that she cannot “escape” to work. Can I take vacation after maternity leave? How will the calculations be carried out in this case?
The essence of the question
By law, an employee who has returned from maternity leave can take days of unused rest. According to Art. 260 of the Labor Code of the Russian Federation, work days off are provided before or after a woman goes on sick leave due to pregnancy. Vacation can also be taken for the next working year if:
- At the time of registration of sick leave, the employee worked part-time. Calculation is carried out for the time worked before the start of the rest.
- If there is unused vacation left over the previous period. Based on the application, these days can be considered child care leave.
Vacation immediately after maternity leave and the next one are taken as identical concepts. Sick leave for childbirth is included in the length of service, but rest to care for a baby is not. The next leave after leaving maternity leave can be obtained according to the schedule, taking into account the time worked, or it can be added to the previous sick leave.
Legislation
A pregnant employee is entitled to 140 days of rest: half before giving birth and the rest after. Further, maternity leave is provided for 1.5 years with the possibility of extension up to 3 years. The countdown begins from the 30th week of pregnancy, if a woman is expecting twins - from the 28th. In the second case, rest is provided for 86 days before and 110 days after childbirth. For all these periods, a monetary payment is due (Articles 255, 256 of the Labor Code of the Russian Federation). But the employee can continue working without going on maternity leave. The amount of the benefit is significantly less than the salary level, so many mothers work until childbirth and return immediately after. The employer has no right to reduce, regulate or even cancel maternity leave.
Regular vacation
Each officially employed employee of the organization is provided with 28 days of paid rest (Chapter 9 of the Labor Code of the Russian Federation). This period may be extended if the person works in hazardous conditions. Separately, the legislation provides for extended leave for teachers during the summer holidays. The employer can independently increase the duration of vacation of subordinates, but not reduce it. Changes are made by additions to the collective labor agreement or by issuing separate orders. If an employee is on vacation, the boss cannot recall him without good reason. Moreover, the employee must agree to go to work early. Very often, employees are asked to divide their annual leave into two equal parts. This option does not contradict the law and is convenient for all parties.
Vacation after maternity leave
Let's consider a situation where, after finishing her vacation to care for the baby, the mother decides to take a calendar leave without starting her duties. In such a situation, you need to remember your rights and benefits. Legislation has come to the protection of young mothers. But employers can still refuse to provide time off.
An employee can take another vacation after maternity leave at any time. It is enough to simply write an application addressed to the director. There are often situations when an employee worked for several years before maternity leave without rest. Having become pregnant, she has the right to take all days off at once.
Maternity leave begins from the date of birth indicated on the certificate. If a young mother does not plan to stay at home with her child, she can take regular leave for the first time. It is also possible for a woman to quit her job immediately after maternity leave. In this case, she is entitled to compensation for unused vacation. She can also replace the period after maternity leave with paid rest, and then quit.
Calculations
The general rule is that vacation pay is calculated based on the average income for the last year worked. But the problem is that the employee did not work for approximately 140 days. How to calculate vacation after maternity leave?
The amount of compensation is affected by:
- salary level;
- bonuses, allowances and additional payments received;
- regional coefficient;
- remuneration based on performance results;
- receiving benefits;
- indexing.
Doesn't matter:
- one-time payments;
- business trip compensation;
- prizes for winning places in competitions;
- literary royalties;
- food subsidy;
- funds received for the anniversary;
- interest and dividends.
The calculation process is carried out according to the standard scheme. The sum of all payments is divided by 12 and then by 29.4. The resulting number is multiplied by the number of days of rest. This will be the amount of vacation pay. The benefit is paid within the time limits established by law, that is, three days before the vacation.
Examples
The employee, who was on leave to care for her baby, returned to work on 02/05/13. From 02/19/13 she took 12 kd. rest. Calculation of vacation after maternity leave for 10 working days (80 hours) will be carried out according to the following algorithm:
- Average hourly earnings are determined by dividing the actual accrued amount by hours worked.
- The resulting value is multiplied by the average monthly number of hours. For 2013, this value was 167.3 hours.
- Income per day is calculated by dividing the average monthly earnings by a constant value of 29.7.
- The resulting figure is multiplied by the number of calendar vacation days.
For 10 working days, the employee was credited 23,000 rubles.
Average hourly earnings: 23,000 / 80 = 287.5 rubles.
Average monthly income: 287.5 * 167.3 = 48,098.75 rubles.
Earnings per day: 48098.75 / 29.7 = 1619.49 rubles.
Total payment amount: 1619.49*12 = 19433.83 rubles.
The employee began work on May 10, 2015 after the birth of the baby. On the same day, she wrote an application for leave after maternity leave for the period from 06/11/15 to 06/07/15. Let's calculate the amount of the benefit. Duration of rest - 28 days. The reporting period (05/01/2014 - 04/30/15) has been fully worked out. The amount of salary accruals is 400 thousand rubles.
Let's calculate the average income: 400,000 \ 12 months. \ 29.3 = 1137 rub.
The benefit amount will be: 1137 * 28 = 31826 rubles.
If the employee did not actually have an accrued salary or the entire payroll period consists of excluded days, then the average earnings are calculated based on the income received for the previous months of work, equal in number to the calculated number.
Nuances
Let's consider a situation in which an employee returned from maternity leave in May 2014 and immediately took another leave. In total, she was absent for 140 days before giving birth and a year after. For the purposes of calculating vacation pay, the actual income received for the period from May 2012 to April 2013 should be taken into account. If an employee started work in April and takes a new vacation in May, the benefit is calculated based on the income for the days actually worked in April. If the employee received any other benefits during the base period (for example, for part-time work), benefits should be calculated based on these amounts (including income for days worked). Payments received from other employers are not relevant.
Before or after
The order of vacations is approved by the employer and indicated in the schedule. To make changes to it, you need to write an application addressed to the director and indicate the reason for the transfer is the provision of sick leave for pregnancy. The question is, when is it better to take annual leave: after maternity leave or before it?
- Rest before childbirth. For the purposes of calculating basic leave, average earnings are calculated based on the amounts actually received for the previous 12 months. Next, based on the certificate of ability to work, maternity benefits are calculated. The rate is 100% of average earnings for women who have worked for six months. The billing period is the two previous calendar years. Thus, if an employee has been working at the company for several years, then annual rest will not affect the amount of benefits.
- Vacation after maternity leave. After the birth of a child, a young mother is entitled to a child care allowance for up to 1.5 years. It is 40% of average earnings, which is calculated according to the scheme presented above. The benefit for a full month is calculated as the product of 40% of average income by a constant value of 30.4. Leave after maternity leave is approximately 60% more than maternity benefit. Rest during childbirth does not affect the amount of vacation pay, since these payments are excluded from the calculations.
Deciding when to go on vacation should be based on how you feel. If you have the strength and desire, continue to work and replenish the family treasury.
Vacation after 1.5 or 3 years break
The employee did not work during the reporting period. Calculation will be carried out based on the accrued salary before the birth. The amounts of maternity and vacation pay will not change compared to the first option. But there is one nuance that is worth paying attention to. Enterprises index salaries annually. After a 1.5 or 3 year break, the salary will increase significantly. Therefore, it makes sense to work for a couple of months (then a new period will be taken for vacation calculations), and then go on vacation.
How to receive payments from the day of birth of the baby?
You need to collect a complete package of documents for the child, contact the accounting department at your place of work, and apply for a one-time benefit in connection with the birth of a baby. The document itself should indicate that the payment should be scheduled from the date of birth of the child.
Restrictions
Maternity pay is calculated based on the employee’s earnings for the previous two years. If the birth takes place without complications, the maximum amount of benefits that can be counted on for 140 days of sick leave will be 228,600 rubles. If in the base period income expectant mother was below the subsistence level or absent altogether, then for the purposes of calculating the amount of benefits, the minimum wage will be used. The minimum payment in 2015 is 27,455 rubles.
