Based on the legislation regulating the labor activities of citizens, women in the last stage of pregnancy have the right to receive rest as maternity leave. In everyday life, this period is simply called maternity leave.

The law allows expectant mothers and their children to have comfortable conditions while working, without women having to worry about the risks associated with lack of means of subsistence. The state pays for maternity leave.

In the standard case of carrying a child, the duration of maternity leave will be seventy days before the expected date of birth and seventy days after the child is born. The total is 140 days. Maternity leave is allocated for the entire period at once and cannot be divided into parts. Whether the woman continued working or stopped working does not matter. Wages are not paid during maternity leave, because the employee receives a corresponding benefit during this period.

Sick leave for pregnancy and childbirth

Article 255 of the Labor Code of the Russian Federation states that sick leave is the basis for issuing maternity leave during pregnancy. De facto, this is the same document about the inability to carry out work activities, like others that are issued in medical institutions when an employee is unable to work due to illness. However, what distinguishes it from other papers is the following:

• the duration of the period for which sick leave is given;
• singularity of registration (issued for the entire period and does not require phased renewal);
• a citizen has the right to extended leave.

The above-mentioned sick leave is issued to citizens in the antenatal clinic or in other medical institutions where the woman is monitored during pregnancy. The duration of the certificate of incapacity for work associated with pregnancy is:

• 140 days (70 before and 70 after the birth of the child) - standard sick leave, issued at thirty weeks of pregnancy.
• 194 days (84 before and 110 after the birth of the child) – sick leave, which is issued when the pregnancy is multiple. This paper is given at 28 weeks of pregnancy. In the case when several fetuses become known during childbirth, the standard sick leave is extended.

Note! If the birth is complicated, the leave will be 156 days. In this case, standard sick leave is extended for sixteen days. In the case where the birth occurred before thirty weeks and there was no sick leave at that time, the paper will be issued from the date of birth for 156 days.

160 days of leave are given to citizens who live in unfavorable environmental conditions (radiation). Sick leave is issued at 27 weeks of pregnancy.

Use the calculation of maternity benefit payments for 2019.

Reasons for receiving leave

In the standard case, people go on vacation at the thirtieth week of pregnancy. If the birth occurs prematurely and the woman is working, then the entire period of leave is given to her after the birth of the child.

All calculations are made in calendar days. A woman has the right not to use part of the leave that is allotted to her during pregnancy. However, it is important to know that it is not possible to increase the number of vacation days after the birth of a child.

Note! Women who adopt children are entitled to receive only that part of maternity leave that is due after childbirth. If a woman adopts two or more children under three months of age, then she is entitled to 110% of the maternity leave.

Due to the days of compulsory leave, which must be given to all employees, a woman has the opportunity to increase the number of days of maternity leave. The woman will only need a written request that cannot be ignored or prohibited by the enterprise. There are several cases when leave is added to maternity leave:

• annual leave came before maternity leave;
• the woman expressed a desire to take advantage of the leave period after the end of the second part of maternity leave;
• leave that has not been used is not lost during a break to care for a child up to three years, so the woman will be able to use it after the end of the specified period.

The time a woman spent working does not matter. A citizen has the right to write an application for leave, which is given to employees every year, even if she worked at the enterprise for less than six months. In this case, the employer does not have the right to refuse leave.

If a woman does not take advantage of her annual leave, then it can be combined with maternity leave - for this you just need to write an application. The procedure for adding vacations is decided by the citizen herself: you can take one vacation before birth and a second one after; You can also take advantage of two vacations at once in the first or second part of maternity leave. Statistics show that most women prefer to take leave before birth - in the later stages of pregnancy it will be difficult for an employee to get to the place of work, and it also takes time to create all the necessary conditions for the child at home.

Note! There are no rules according to which planned and maternity leave must be combined in dates. The employee has the right to take one regular leave (pregnancy gives the right to this) after working for a couple of days, after which the thirtieth week will come, and as a result the woman will go on maternity leave.

At the same time, it is strictly prohibited to impose two different periods of work breaks. Not only the one-time registration of vacations, but also their partial contact will be a violation.

In most cases, you cannot ask for a refund for a break that was not used. However, if a citizen quits her job of her own free will, then she can exercise this right.

Application procedure

There are no regulations that regulate the form of applications. An application for maternity leave is a standard document and is drawn up in the form accepted at the enterprise where the woman works.

The structure of the statement is as follows:

• in the upper right corner the addressee of the application is indicated: the name of the position, the full name of the employer in the dative case and the name of the company;
• then information about the applicant is indicated: full name and job title;
• Next, the name of the document is indicated - in this case it will be a “statement”, but without quotation marks. It is written in the middle and with a small letter;
• Next comes the text of the application - it can be arbitrary, but it must contain the main points - the requirement to issue leave, the deadlines and requests for the issuance of benefits;
• Next comes the application, where you need to indicate all the documents provided (sick leave, certificates from the antenatal clinic, if available);
• The filing date is indicated at the bottom right;
• The signature must be affixed by the applicant personally.

Nuances related to design

Although this document seems simple, it is still worth adhering to the framework that is established at the enterprise where women work and follow all the requirements.

First of all, the application does not need to indicate such concepts as “maternity leave” or “maternity leave”: these concepts have long been entrenched in our speech, but they are not specified in the laws. It would be correct to indicate the type of leave: “maternity”, “child care”.

Note! Vacation dates must be similar to those indicated on the sick leave. You also need to indicate the document details (series, number).

It is also worthwhile to indicate in the application a request for the issuance of all payments that are required by law. Otherwise, you will need to arrange everything separately and collect all the papers.

The application can be submitted in writing, printed using an electronic device, or filled out a form. The signature must be handwritten.

Attachments to the application

It is also necessary to provide attachments to the application for maternity leave:

• a document issued by a medical institution confirming temporary inability to carry out work activities;
• sick leave, which can be obtained at the antenatal clinic (original document).

Also, as an addition, you can provide a certificate from the housing committee stating that the woman has registered (to confirm the fact of pregnancy).

Note! If a woman has confirmed that she is pregnant before 12 weeks, she can receive additional benefits. This should also be indicated in the application.

It is also worth providing a copy of your passport and account or bank card number so that you can deposit funds.

A copy of the child’s birth certificate must be attached to the application for leave and child care, and the original must also be provided. You will also need to provide a certificate from the second parent’s workplace to ensure that he does not receive benefits.

You will need to make a copy of the sick leave, since citizens attach the original document to the application. Also, if a citizen works at a large enterprise or she does not have confidence in her superiors, then she needs to make two copies of the application. Accounting or HR employees will sign for receipt of one copy. All documents must be retained until funds are received.

When to apply

After providing the required package of documents, you can begin to apply for maternity leave and benefits. You can submit documents before going on vacation (about fourteen days in advance). However, documents from the housing complex must be transferred no more than six months from the date of the end of the maternity leave.

Note! If there are good reasons, this period can be extended.

The entire list of reasons is available in the order of the Ministry of Health of the Russian Federation dated January 31, 2007 No. 74:

• emergency circumstances that are unpreventable (natural disasters, fires, etc.);
• prolonged temporary inability to carry out work activities (more than six months);
• relocation to another locality, change of place of stay;
• involuntary absenteeism due to dismissal on illegal grounds or removal from office;
• deterioration in health or death of a relative.

Application procedure

A citizen can provide all the papers:

• personally or through a representative;
• via mail;
• in electronic form (in this case, documents will be certified with an electronic signature).

Is maternity leave included in the length of service?

This leave is considered length of service, and the place of work and position remain with the citizen.

What happens if you don't apply?

If a citizen does not write a statement, then the management will have no reason to give the employee leave. As a result, benefits may not be paid.

If you do not take leave, the salary will be paid as before, therefore, there will be no rights to pay benefits.

Note! If a citizen did not write a statement and is not at work, then she cannot be fired, since pregnancy is a valid reason.

However, it is still worth writing the application in the proper order.

All necessary statements

Let's consider what statements an employee will need to write related to motherhood:

• application for accounting, issuance of benefits;
• application for parental leave and payment of benefits.

Papers you may need

Other documents may also be needed. Let's list them.

Additional applications for benefits, if the citizen did not indicate a request for leave and payments in the first application.

Application for recalculation of the billing period. If a worker, being on maternity leave, goes on maternity leave, then she did not work for the previous two years, which are needed to calculate benefits. It also happens that the period between decrees is less than two years. Under such circumstances, the law allows changing the years of calculation that ran before the first leave under the B&R, when the employee received the full amount of income.

Note! If this statement is missing, then calculation based on actual income will be applied, i.e. along the bottom bar.

This right can be exercised even if the employee spent at least a day on the first one or two years before the second maternity leave.

Registration of maternity leave step by step

The entire registration procedure in stages.

Stage	Actions
First stage	A pregnant employee sends a statement to her superiors. A sick note, which was received at the antenatal clinic, is attached to it.
Second phase	The employer reviews the accuracy of the contents of the sick leave certificate and checks the application for the necessary information.
Third stage	The HR department creates an order T-6, which indicates the number of days of vacation along with the start and end dates of this period. The period is taken from the citizen’s application. You will need to make sure that the period corresponds to what is indicated on the sick leave. The employee has the right to change her vacation - reduce it and go earlier or go on it later.
Fourth stage	The employee carefully reads the order, makes sure that all the data is correct, and signs the document.
Fifth stage	In the employee’s personal file, section No. 8, information is entered that maternity leave has been granted.
Sixth stage	The timesheet for the vacation period is marked “P” or “14”.
Seventh stage	No later than the 10th day from the moment the employee receives the papers, the accounting department calculates the benefits.
Eighth stage	On the next payday, the employee is paid the amount that was accrued.

Sample application

The application can be written by hand or on a computer and then printed. The method of registration itself is not so important, the main thing is that there is a signature of the employee.

Application for changing years for calculating benefits

It is also worth considering an application for replacing years for calculating benefits, since not everyone is aware of this method.

As stated above, the B&R benefit is calculated on the basis of income received in the two years before going on maternity leave. There are situations when an employee is preparing to become a mother again while on maternity leave. Or the differences between pregnancies are small, and after the first vacation the woman has little time left - the employee is preparing to go on maternity leave again.

It is clear that in the above situations, income for the required period will be low or it will be completely absent. The law provides for such moments, and it will be possible to replace the period for calculating benefits. It follows from this that if an employee who is going on maternity leave was on maternity leave or maternity leave during any of the two years required for calculating benefits, or both at once, then this period can be replaced by another when the employee received income fully. This replacement case will only be approved if the employee requests it individually.

Note! The writing application is similar to the application for maternity leave. The form is arbitrary. The text of the document itself should be a standard request to replace one or two years with others for calculation. This application is submitted to superiors along with the application for maternity leave and sick leave.

It is worth knowing about the following nuances:

• the right to change periods is exercised only at the request of an employee who is about to go on maternity leave. If this statement is not available, then the calculation is made based on current income;
• the rule for replacing years will apply even if the employee was on maternity leave or vacation for one day.

Exit from maternity leave

According to the law, leaving maternity leave earlier is not prohibited, but this is not noted in the legislation. This was written in a letter from the Federal Service for Labor and Employment dated May 24, 2013. Returning from maternity leave before an employee's due date is associated with increased risks for management to receive claims from the Social Insurance Fund. There may be cases when there is an agreement between the employee and the boss, but leaving the maternity leave earlier is not recommended.

After the maternity leave is over, the employee does not have to provide additional documents - she simply goes back to carry out her work activities.

Note! If a woman wants to take maternity leave when she is already three years old, she will need to write an application providing a copy of the child’s birth certificate.

Procedure for restoring lost orders

The management is responsible for storing all documents. If documents have been lost, the employer must find out the reasons and restore everything:

• record the fact that there is no document;
• form a commission to identify the causes;
• after the work of the commission, take the necessary measures;
• if there are culprits, take action against them;
• if possible, restore the documents.

Answers to popular questions

Question 1. Is leave granted if the application is written by a foreign citizen?

If an employee lives in the Russian Federation (temporarily or permanently), then the organization with which the contract is concluded must give maternity leave and pay benefits. If the employee is temporarily staying in the Russian Federation, then maternity leave is not issued.

Question 2. Should the employer issue leave?"conscript»?

The decree is issued regardless of the duration of the employment contract. If the contract is limited to any period, then this will not be a basis for not issuing maternity leave. If the period ends when the employee is pregnant, then the organization is obliged to extend it until the pregnancy ends.

An exception would be if the contract was terminated due to the departure of a permanent employee whose duties were performed by a conscript. In this case, the employee must be given another job, and if there is none, then the contract is subject to termination.

Question 3. If there is a GPC agreement, should leave be issued?

No, vacations and benefits will not be issued, since the norms of the Labor Code do not apply at this point.

Question4. Is it possible to change maternity leave ahead of schedule?

Is it possible. Maternity benefits will be recalculated and child benefits will be issued every month.

Question 5. Can an employer call from maternity leave ahead of schedule?

No, these actions are not allowed on the part of the employer.

In order to go on maternity leave and still receive benefits, a woman must write an application. She also has the right to change years to receive a larger amount, and an application is also made for this. Without this, these actions will not be carried out.

Video - About maternity leave

One of the types of leave provided for by the Labor Code of the Russian Federation is maternity leave (Article 255 of the Labor Code of the Russian Federation).

The duration of such leave is:

Maternity leave is granted to an employee on the basis of a certificate of incapacity for work and an application issued to her. We will tell you in our material how an employee can write an application for maternity leave.

When to write a vacation application?

The certificate of incapacity for work received by the employee in connection with the upcoming birth gives her the right to both the actual rest from the date indicated on the sick leave certificate and to receive social insurance benefits. However, when to go on vacation, the employee decides for herself. Even with a “maternity” sick leave in hand, she can continue to work and receive a regular salary for her work, and not an allowance. After all, the employer does not have the right to send an employee on vacation without her will.

Thus, the employee herself decides on what date to go on maternity leave and indicates this to the employer in her application. But you need to understand that by going on vacation later, the employee does not thereby prolong its end. The end date of maternity leave is indicated on the sick leave certificate.

In addition, going on maternity leave later will result in the employee receiving sick leave benefits in fewer days. Although the total amount of maternity benefits may be even greater than if the employee had gone on vacation on time. This may be the case when the start of the vacation is postponed from the end of the previous year to the beginning of the next. After all, the billing period in this case will be different. Let us recall that the calculation period is generally taken to be 2 calendar years preceding maternity leave, and not the date indicated as the start of sick leave on the certificate of incapacity for work. And since the maximum base for calculating contributions to the Social Insurance Fund grows annually, the average daily benefit becomes larger every year.

How to write an application for maternity leave?

There is no mandatory application form for maternity leave. Such a statement is drawn up in any form. It indicates the basis for granting leave (maternity leave), its duration. And the original sick leave certificate must be attached to the application itself.

Here is an example of an employee filling out an application for maternity leave.

Labor legislation allows women in the last stages of pregnancy to officially take a break from work. Maternity leave is a vacation associated with the prenatal and postpartum periods. This law was adopted in order to preserve the health of mother and child and allows a pregnant woman not to overexert herself while performing her work duties. Surely everyone knows that maternity leave must be paid for by the organization in which the expectant mother is registered. This allows her not to worry about where to get her livelihood during the period of childbirth.

To take advantage of the right to rest before giving birth, a woman needs to submit a corresponding application to the manager of the organization. Do not confuse maternity leave and parental leave. For each of them you must write a corresponding application. It is worth noting that not only mothers can take maternity or child care leave. This opportunity is also provided to young fathers if the mother cannot independently care for the newborn. Other family members who will be with the baby can also take leave.

Article 255 of the Labor Code provides the opportunity for expectant mothers who work officially to get a long leave. There is also Article 256, which defines leave during the period after childbirth. This type of vacation is designed to allow the young mother to calmly care for her newborn. It is worth noting that during these vacations the employee’s job must be retained. Also, this period does not allow the length of service to be interrupted, and is fully included in it.

Often, women on maternity leave decide to begin fulfilling their work responsibilities. In this case, the employer is obliged to create special conditions for them, for example, part-time work, work without excessive physical and psychological stress. In this case, even a working mother has the right to continue receiving social benefits from the state.

During a normal pregnancy, a woman has the opportunity to go on maternity leave 70 days before giving birth. Unlike regular paid leave, maternity leave cannot be divided into parts. It is immediately given as a single vacation. There are some factors that have a direct impact on the duration of the vacation:

• 140 days during normal pregnancy and childbirth;
• 156 days for any complications;
• 160 days are allowed to rest if a pregnant woman lives in an area with a polluted environment, or in a region with high radiation;
• 194 days for the birth of several babies;
• If the child is born before 30 weeks, then maternity leave begins from this day. Such childbirth is not considered the norm, therefore, in this situation, leave is granted, the duration of which will be 156 days.

Immediately after the end of the sick leave intended for childbirth, the law allows the young mother to go on vacation again. However, this will now be a vacation dedicated to caring for a newborn. After all, you can’t be sick and on vacation at the same time. Here you need to understand that such leave is not automatically given. To receive it, you must go to your company to submit a new application. The duration of such leave is three years. At the same time, government payments are provided only for the first year and a half. Some regions have adopted a law requiring payments to be made until the child reaches three years of age. However, this mainly concerns low-income and large families.

(Video: “MATERNITY LEAVE 2020: when and how to apply, who is entitled to payments.”)

Many people believe that if a child is often sick or has a disability, parental leave is extended until the child reaches the age of six. However, it is not. Parents of disabled children have the right to receive only additional days off with the right to keep their wages. The duration of maternity leave can be increased by receiving regular paid leave.

It is worth noting that a woman is not obliged to go on maternity leave. Even if the pregnancy period allows you to rest, the expectant mother has the right to remain at work. Some people think that this will allow them to earn more. However, you need to understand that this reduces the benefit that a woman will receive in connection with childbirth. Therefore, such actions will not allow you to save much, and can hardly be called profitable. Also, do not forget that a pregnant woman still needs proper rest. Therefore, it is better to go on vacation within the time limits established by law.

If she wishes, a young mother may not wait until her child reaches three years of age. She has the right to work part-time. In this case, benefits will be paid. But they will not remain if the woman decides to go full-time. To do this, you will have to submit an application, with the help of which the young mother will interrupt her maternity leave. The law allows her to go to work and return to maternity leave as much as she likes. She can do this until the child turns three years old.

Procedure for applying for maternity leave

To obtain maternity leave, the expectant mother must obtain a corresponding certificate from a medical institution. This will be the basis for booking a vacation. Here the attending physician indicates the approximate date of birth. The employer must provide not only this certificate, but also an application for maternity leave. After this, the head of the company issues a vacation order. After signing it, the expectant mother may not go to her workplace.

As already mentioned, the father of a newborn can also take maternity leave. The employer has no right to refuse this. Of course, in European countries this is a fairly common phenomenon. But even on the territory of the Russian Federation, men sometimes go on maternity leave, and this is not a violation of the law. The procedure for applying for leave for men is the same as for women. In this case, the woman must obtain a certificate from her work confirming the fact that she did not take out maternity leave and, accordingly, does not receive benefits. When applying for maternity leave, the young father must submit this document to his employer.

After issuing orders for leave and payment of benefits, they must be registered. The data from these documents is entered into the registration journal located at the enterprise. The order is printed on a separate form and provided to the employee for review and signature. The corresponding mark is also placed on the working time sheet. Then the employee is calculated and benefits are calculated.

(Video: “Maternity leave: maternity payments in 2020, the amount of maternity benefits”)

There are situations when an employee, being in the last months of pregnancy, does not go to work without filing an application. Of course, a medical certificate confirming pregnancy will not allow the employer to fire such an employee. However, in this case, financial consequences cannot be avoided. Do not neglect drawing up the necessary application. After all, without it, the employer will not have the opportunity to begin registering leave and calculating payments. In this case, the employee must continue to receive wages; accordingly, there can be no talk of other payments here.

To receive maternity leave at the enterprise, the expectant mother must collect the necessary package of documents and submit it to the human resources department. Within ten days, responsible persons, including the head of the company, review the documents. Then a vacation order is issued and accruals are made. As a rule, the employee receives them during her next payday.

In addition to a certificate from the antenatal clinic, an application and a sick leave certificate about the upcoming birth, other documents may be required. For example, if a woman has worked at another company for the last two years, she will need to bring a certificate of income from there.

How to correctly write an application for maternity leave to care for a child

The application must be filled out manually or on a computer. As a rule, free form is used for this. However, it is necessary to adhere to the generally accepted structure used for drawing up documents of this kind:

• In the upper right corner you must indicate to whom exactly the application is addressed. Write the name of the company, the position of the manager and his full name. The applicant's details are provided below;
• in the center of the page, the word “Statement” is written in capital letters, after which there is no need to put a period;
• Below is the text itself, in which you must ask for leave. Indicate its reason and period. It is also recommended to indicate on what basis the employer should provide leave. Please note that the basis is sick leave. Indicate the date of issue and number;
• The date the document was written is indicated at the bottom of the page. The applicant’s signature with a transcript must also be included here.

You may need a duplicate of the sick leave for some purposes, so it is recommended to make a copy. Remember, you will give the original to the HR department along with other documents. There are situations when a woman going on maternity leave does not trust her employer. It is recommended to write two copies of the application. One of them is submitted to the HR department, and on the second, the responsible persons sign, confirming in writing the receipt of the document. The employee must keep the signed copy until she receives all the necessary payments.

Sample application for maternity leave

How to fill out an application for maternity leave (M&P) in 2019-2020? . Is it necessary to attach a certificate of incapacity to work? Or will the employer be sent an electronic sick leave? We will answer your questions.

How long is the Birth of Russia leave in 2019-2020?

In general, maternity leave lasts 140 calendar days: 70 days before childbirth and 70 days after childbirth.

But in some cases it can be 156 calendar days - for a complicated pregnancy, or 194 calendar days - for a multiple pregnancy (Article 255 of the Labor Code of the Russian Federation, Part 1 of Article 10 of the Law of December 29, 2006 No. 255-FZ).

The duration of leave is calculated according to sick leave, in which specific dates must be indicated in the table “Exemption from work”.

Registration of maternity leave with the woman retaining her workplace (position) is her right. That is, she can go on vacation either 70 days before giving birth or at a later date. While she goes to work and performs her job duties, you must pay her wages in the same way as all your other employees.

However, later departure on maternity leave does not give the woman the right to postpone it. In other words, if she goes on vacation a week later than indicated on her sick leave, this does not mean that the vacation will end a week later. In this case, the last day of vacation is not transferred.

Application for maternity leave

There is no single application form for leave under B&R. In 2019-2020, it is drawn up in any form addressed to the head of the organization, indicating the start and end dates of maternity leave.

Here is a possible example of an application for maternity leave in 2019-2020:

Having received an application and a certificate of incapacity for work from the employee, you will need to calculate and pay her benefits (clause 2, part 1, article 1.4 of the Law of December 29, 2006 N 255-FZ), fill out your part of the sick leave and draw up an order to grant the employee maternity leave and childbirth. There is no need to issue a separate order for payment of benefits.

The period of leave under the BiR is indicated in the time sheet by the letter code “P” or the numeric code “14”.

At the end of maternity leave, employees often immediately take out parental leave for themselves. To do this, the employee will need to provide you with a copy of the child’s birth certificate and a leave application. If she decides to go to work after her leave under the BiR, then there is no need to specially register this. In this case, she will have to start work on the first day after maternity leave.

A young worker who came to work for a business entity may one day go on maternity leave. Before this, she applies for maternity leave. Along with this document, you must also provide a completed sick leave certificate from the antenatal clinic to the organization’s accounting department. Providing maternity leave is mandatory and guaranteed by labor legislation.

Not a single regulatory document strictly specifies on what exact day maternity leave should begin. The law only specifies how many days it can last.

It should also be noted that such leave is usually divided into the prenatal and postnatal periods. Under normal conditions, each such period lasts 70 days.

Based on this information, an employee usually goes on maternity leave approximately 10 weeks before the expected birth of the child.

According to the law, exactly such a day is determined by the gynecologist with whom this employee was under supervision in the antenatal clinic.

Attention: As a rule, pregnancy registration in a medical institution is carried out at an early stage. As soon as the pregnancy period reaches the 30th week, a certificate of incapacity for work will be issued, and the employee can write an application for maternity leave.

However, this is not necessary - a worker can focus on her well-being and health, and if she can continue to work, then no one can stop her from doing so.

However, maternity benefits will begin to be paid to her only from the actual day she goes on vacation. You cannot receive both salary and benefits at the same time.

Also, despite the day on which the employee went on vacation, it must still end on a strictly defined day. The law does not provide for any extensions or transfers for late maternity leave.

Attention: however, if the administration of the business entity agrees, the employee can switch to working part-time. In this situation, her benefit will remain. As a result, she will receive a salary in proportion to the time worked and maternity benefits.

According to the law, before going on maternity leave, a woman can apply for annual paid leave without waiting in line. She can receive it even if she actually does not have such a period.

Attention: Some regulations make it possible to go on maternity leave earlier than 70 days before giving birth. This can be done, for example, if an employee has a multiple pregnancy.

Application for maternity leave sample 2019

Files for download:

How to write an application for maternity leave

Let's take a closer look at the procedure for filing an application for maternity leave.

If you can write completely on a piece of paper by hand, or type the text on a computer, print it out and then sign it with a pen. Very often, organizations have ready-made templates for applications that can be used simply by entering your data there.

First, in the upper right part of the sheet you need to indicate to whom this document is being sent. Here the title of the manager's position, the full name of the business entity, full name are written down. director. This information must be presented in the genitive case.

The next step is to indicate in the middle on a new line the name of the document – ​​“Application”.

Starting on a new line, you must politely indicate your request for leave. Most often, the phrase “I ask you to grant me maternity leave” is used for this. After this, using the issued sick leave, the start and end days of the maternity leave period are entered.

It must be remembered that the start day may be indicated later than it is indicated on the sheet itself. This happens because the employee herself did not decide to go on vacation immediately, but after working for some more period of time.

The next paragraph must indicate a request for payment of all benefits due in this situation. This includes payment due to pregnancy and childbirth, as well as payment due to early registration with a gynecologist (if there is the necessary certificate from the antenatal clinic).

Attention: the application can indicate the method in which the employee wishes to receive benefits. So, she can ask to pay it to her card or personal account, or receive it in cash from the company’s cash desk.

The final stage of drawing up the application will be to indicate all the attachments to it. At a minimum, this should include a sick leave certificate.

Finally, the employee must put the date when she compiled this application and her personal signature.

Does the employee retain her job?

Current labor legislation establishes the right of a woman who has gone on maternity leave or applied for leave to care for a child up to 3 years old to a workplace.

That is, if she wishes, she can start working after interrupting her maternity leave or carer’s leave, and the employer must provide her with her previous place of work.

Attention: Since the business entity cannot wait for an employee who is on vacation to return to work, he has the right to hire another employee during her vacation. A contract is concluded with this person with a validity period during the declared maternity leave or child care.

As soon as the employee decides to leave maternity leave, the employment agreement with the employee hired in her place ceases to be valid.

Can an employer fire an employee while she is on maternity leave?

Labor law provides pregnant employees with additional guarantees that give them a number of rights, providing protection in labor relations.

According to these standards, termination of a contract with a disadvantaged employee is prohibited in most cases, except in cases where the initiative to terminate the contract comes from her.

Another guarantee for a worker in this position is that the employer does not have the right to refuse to hire her.

Moreover, these rules apply both to open-ended contracts and to contracts with a certain period of validity. If a fixed-term employment agreement has been concluded with a pregnant employee, which ends after she goes on maternity leave, then she cannot be fired, even if the contract has expired.

Attention: The contract will be terminated only after she returns from maternity leave. But if the contract is terminated before her departure, then dismissal due to termination of a fixed-term employment contract will be carried out in the usual manner.

If a test is given to a pregnant new employee, she cannot be fired if she fails the test. Even if cases of violation of labor discipline, failure of an employee to perform her functions, etc. are recorded.

The law prohibits the reduction of a position in a company if the employee working in this function is in a position at that moment. However, she can be notified of the layoff in advance, so that by the time she returns to work, the notice period has already expired.

Also, according to the law, she can be transferred to another position in the company. But if the company undergoes liquidation of the entire business entity, which provides for the termination of contracts with absolutely all employees of the company, then it is possible to fire a pregnant employee.

Attention: when all employees are laid off, child care benefits must be paid by social insurance authorities based on the stipulated minimum amounts, which are determined taking into account the current minimum wage.

An employee in this position may apply for resignation at her own request. Such termination of the contract can be effected. At the same time, the procedure for dismissal at one's own request complies with the accepted rules.