Every woman who plans to become a mother wonders whether she needs to write an application for maternity leave.

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We will determine which rules for granting maternity leave are valid in 2019, how to apply for it - what certificates to submit and how to make an application.

Any leave is granted, and benefits are paid only after appropriate registration. Maternity leave is no exception. To go there, a woman must write a statement.

And here the questions begin: is there an approved form that can be simply filled out, what information is important to include, and how to correctly specify the duration of the maternity leave. Let's consider the main nuances.

What you need to know

The peculiarity of maternity leave in the Russian Federation is that only a woman can take it. The father cannot arrange such leave. He is only entitled to parental leave.

After providing a number of certificates (including), the woman will receive benefits. Its payment is made for all days that fall during temporary disability.

The amount of the benefit is determined taking into account wages insured persons 2 years before registration.

But a minimum amount has been established that can be paid - this benefit cannot be less than the minimum wage.

The application is drawn up for the following purposes:

• so that maternity benefits are issued;
• so that the woman retains her job while she is on maternity leave.

Normative base

About a woman's right to maternity leave It says that it is valid after acceptance.

Helpful information contained in and other regulatory documents. The law states that this type of leave is provided not only for one’s own children, but also for adopted children under the age of three months.

A number of amendments have been made to the conditions for granting maternity leave.

Previously, employers had to renew contracts with employees during pregnancy before the baby was born. Now women can receive postpartum leave and, accordingly, the entire amount of the entitlement benefit.

Do I need to write an application for maternity leave?

The application is the main reason for the expectant mother to go on vacation. Its form can be free. The employer must register the document.

The legislation does not approve a unified application form. But there are some rules that are worth considering when drawing it up.

General drafting rules

There is some information that must be reflected in the document. You need to write:

The following is a request for maternity leave, as well as payment of maternity benefits, a one-time benefit (if a woman registers with a consultation in the early stages of pregnancy).

You must indicate the details of the bank account to which the funds will be transferred. They write which method of receiving benefits is suitable.

At the end there is a signature, the woman’s full name and the date. The application can be written by hand or typed on a computer. The main thing is that the woman puts her signature on it.

As you can see, you only need to write one application - both for maternity leave and for benefits paid for temporary disability.

Employers do not have the right to refuse women access. This means that the management’s resolution on the statement is only an organizational formality.

The addressee of the application can be the head of a legal entity, or another person who resolves personnel issues.

But in this case, such a person must have or have drawn up an order to grant certain powers.

When expressing her desire to use maternity leave, a woman must indicate its duration. Such terms are specified in the sick leave certificate. At the bottom of the application, the documents that are attached are listed.

In general cases, a woman must attach to her application an original certificate of incapacity for work, which is issued by a licensed medical institution.

Such a document will confirm that the woman is indeed pregnant. The document will indicate the period for which expectant mother must go on maternity leave.

It is determined taking into account the number of babies being carried. If a woman is expecting twins, the vacation is extended. A certificate of incapacity for work is a mandatory document.

But a certificate from the consultation is not necessarily attached. Such a document will be needed if a woman registers for pregnancy in the early stages.

And this gives the right to receive a special payment. It is made together with the payment of maternity benefits.

Sample application for maternity leave

When writing an application, you can use the following example as a guide:

The Labor Code of the Russian Federation is one of social guarantees protection of motherhood and childhood, it is the employer’s obligation, upon receipt of a document such as an application for maternity leave, to provide the employee with rest time. This is a mandatory personnel document. Only a certificate of incapacity for work does not entail the obligation to provide leave.

Most people in Everyday life use the wording maternity leave and include sick leave for pregnancy and childbirth, and. However, these are different periods of rest and are formalized by different orders. And they are initiated by different statements.

Example of an application for maternity leave

To the head of the branch

PJSC "LoftBusinessBank"

B.V. Gataullin

Voznesenskaya Veronica Pavlovna

Application for maternity leave

Please provide me in accordance with Art. 255 of the Labor Code of the Russian Federation, maternity leave from April 20, 2017 to September 6, 2017 and pay maternity benefits and lump sum allowance in connection with registration with medical institution in the early stages. I am attaching a certificate of incapacity for work and a certificate of registration.

Application:

1. Temporary disability certificate dated April 20, 2017, series ВЗ No. 56875446.
2. Certificate from antenatal clinic No. 11 dated April 20, 2017 No. 6874.

04/20/2017 Voznesenskaya V.P.

Rules for registration of maternity leave

As can be seen from the example above, in order to provide such rest time, you will need a sick leave - a certificate of incapacity for work, which is issued to all pregnant women at the antenatal clinic where they are registered. And maternity leave is provided exclusively to women in an employment relationship.

The Labor Code of the Russian Federation provides for the duration of leave:

140 days – during pregnancy with one baby: 70 days before the expected date of birth and 70 days after;

194 days – at multiple pregnancy: 84 days before birth and 110 after;

156 days – if the birth was complicated: 70 days before birth and 86 after. In this case, additional days of rest are issued after the birth on a special certificate of incapacity for work, the employee draws up on this basis.

Neither premature birth, nor their delay are not grounds for revising the vacation period. Sick leave is issued in advance at the antenatal clinic and, together with an application for maternity leave, is presented to the employer. If a woman works, at her request, the consultation must issue the required number of certificates of incapacity for work.

It is the employee’s right to take leave. She may not use it, continuing to go to work and receive wages. And submit your application later.

Completing an application for maternity leave

Having received sick leave at the 30th week of pregnancy, the employee submits an application for maternity leave. Always in writing free form. It makes sense in the document to reflect the intention to receive maternity benefits. If a woman registers with a pregnancy consultation for up to 12 weeks, she has the right to receive an additional one-time benefit (583 rubles in 2016). Then the application is also accompanied by a certificate of this fact from the consultation (ask your doctor).

In addition to women working under an employment contract, women who are employed can receive maternity benefits. military service, registered as unemployed upon dismissal from a previous place of work due to the liquidation of an organization or reduction in the number of staff (positions), as well as a student.

An application for maternity leave is submitted to the human resources department or the head of the organization, who issues a corresponding order and grants leave until the date indicated on the certificate of incapacity for work.

Pregnancy and the birth of a baby are a happy period in the life of every woman. The state protects the interests of mother and baby by providing exemption from official duties while preparing for the birth of the child and caring for him. The woman's vacation is paid for by the employer. The benefit is calculated based on the employee's salary. Let's talk about how to correctly write an application for maternity leave and draw up personnel documents.

An employee can draw up an application for maternity leave in any form, using a regular A4 sheet. The basic information that such a document should contain is:

• name and form of ownership of the company, enterprise or organization;
• position and full name of the manager;
• personal data of the employee (last name, full first and patronymic, position held, department code and personnel number);
• employee’s registered address, passport details;
• title of the document (“Application”);
• text of the appeal indicating the duration of maternity leave;
• link to article 225 Labor Code of the Russian Federation;
• the date on which the application was made;
• list of attached documents;
• signature of the employee, clarified by transcript.

The body of the application indicates the requirement to accrue cash benefits in connection with pregnancy and childbirth under social insurance. A sample application can be requested from the HR department. They will also tell you how to write the application correctly and what additional documents will be required.

The basis for granting maternity leave is a sick leave certificate and a certificate from a consultation confirming the timing of pregnancy. Both papers are attached to the application in the original.

The text of the application must contain its number and validity period. After the manager signs the application, the personnel service issues an order to the enterprise granting the employee maternity leave.

Lawyers recommend drawing up an application not in one, but in two copies. This will serve as a guarantee of payment of benefits if disagreements arise with the employer. One application is registered by the manager's secretary, receiving it from the expectant mother.

On the second, the HR department employee must sign, certifying that he has read the document. Before leaving, the expectant mother must read the order and sign the document.

How to submit an application for maternity leave

As a rule, the employee submits the application to management in person. This method is the most common and most reliable. However, the law allows the use of other channels for transmitting a document.

If an employee uses her annual leave immediately before going on maternity leave, or is undergoing treatment and therefore does not have time to complete the application, the document can be sent by registered mail to the company’s address.

It is allowed to resort to the help of trusted persons to convey the written statement to management.

Order for an enterprise on granting maternity leave

When drawing up an order to go on maternity leave, personnel service employees use the approved form or use the format accepted in the given organization.

The header of the order specifies the name of the organization, legal address and date of preparation.

The text of the document contains information about the employee, the reason for sending on paid leave and the types of payments that should be accrued. The order contains an order for the accounting department to accrue the funds necessary in this case.

The document is certified by the director's signature and the seal of the enterprise. After all interested parties have familiarized themselves with it, the order is registered in the journal and assigned an alphanumeric code.

How long is maternity leave?

The law does not operate with the concept of “maternity leave”. This is a common name that combines two types of vacations, which are issued one after the other. The duration of maternity and postpartum leave is 20 weeks for an uncomplicated singleton pregnancy. If future mom expecting the birth of several babies, doctors open maternity leave 12 weeks before the expected birth.

If the process went smoothly and mother and baby feel well, then the duration of postpartum leave will be 70 days. For various complications requiring rehabilitation, the terms are extended to 86 days. If twins or triplets are born, the postpartum period extends to 110 days.

Extension of maternity leave to 3 years. How to make an application

Since maternity leave consists of two periods, women often have the question of when to write an application for maternity leave. Such a document is submitted before the expiration of the period allotted for pregnancy and recovery after childbirth. Parental leave lasts until the child reaches three years of age. Note that it will be paid until the child turns 1.5 years old. Next, you will need to extend your care leave by contacting your employer with a new application.

Both documents are drawn up according to the same template, indicating the name of the enterprise (organization), the surname and position of the person to whom the application is addressed and the personal data of the employee. The text of the application contains information about the baby (date of birth, full name) and a list of attached documents. In this case, you will need a child’s certificate and a certificate stating that the second parent did not apply for maternity leave at work.

If we are talking about an application for care before reaching the age of one and a half years, it is necessary to mention the need to accrue an appropriate benefit.

After the baby turns one and a half years old, the mother can go to work or extend maternity leave for another 1.5 years. This part of the leave is also provided without fail, but the amount of the monthly benefit is reduced to 50 rubles.

How maternity benefits are calculated in 2019

Working women going on maternity leave can count on 4 types of payments. The monthly maternity benefit is calculated on the basis of the sick leave certificate issued to the expectant mother. The amount of payments is calculated taking into account wages for the two years preceding maternity leave.

Mothers who give birth to a second child without leaving maternity leave for the first may request that calculations be made for an earlier period so that the benefits will be larger. It must be remembered that the employer himself is not obliged to do this, so the woman will need to initiate the procedure herself by submitting the appropriate application.

If the expectant mother begins to labor activity recently, but managed to work for six months, maternity benefits will be accrued to her based on her salary for this period. When transferring from one enterprise to another, the salary at the previous place of work is taken into account. The established minimum benefit paid is determined by the minimum wage established for the current period.

At the end of maternity leave, a woman has the opportunity to stay at home, continuing to care for her baby until she is one and a half years old. She will also receive monthly benefits during this period. The amount of payments is calculated based on earnings, but in the amount of 40%.

The state provides not only monthly, but also lump sum payments. In order to encourage expectant mothers to be more attentive to the health of themselves and their future baby, a unique reward is provided for contacting a consultation for up to 12 weeks. Its size is small, a little over 600 rubles. After the baby is born, parents receive a one-time benefit, the amount of which depends on the region of residence.

When going on maternity leave, a woman has the right to receive the first sum of money already on the next payday. In order for the accounting department to process payments, the following documents must be submitted: a signed application for leave and sick leave.

If the expectant mother has been working at the company for less than two years, she will need to request a salary certificate from her previous place of work.

Early exit from maternity leave. Some nuances

Often a young mother goes to work before the period of preferential leave provided by the state expires. Such a step may be due to various reasons, including material considerations. Before going to work, you must notify management of your desire by submitting an application to leave maternity leave early.

It should be taken into account that if the mother receives a monthly allowance, then its accrual will stop as soon as she begins to perform her official duties in full. To keep the payments, it is enough to agree with the employer to change the work schedule.

If a young mother begins to work less than a full week, then her benefits will remain. In an application for early retirement, you should not write that maternity leave is being interrupted in order to retain benefits. After the child turns 1.5 years old, maternity leave can be officially interrupted.

The law does not clearly regulate the timing of when you need to write an application for early departure from service from maternity leave. But it is better to do this in advance so that the employer has time to vacate the workplace from the replacement employee.

Conclusion

In most cases, the newborn is cared for by his mother. But the law does not prevent a woman from entrusting the care of her baby to her father, grandfather or grandmother. Parental leave is issued to his close relatives, guardians or adoptive parents. They are subject to the same rights that mother enjoys; in particular, working citizens retain their place in the service.

A pregnant employee applying for maternity benefits must provide the employer with a written justification for its accrual. One of the required documents is the employee’s application, drawn up in free form and including a request for leave and the accrual of social benefits according to the BIR. In this article we will tell you about an application for maternity leave and provide a sample form.

How long is maternity leave?

The length of the vacation period is influenced by the number of children expected by the woman, as well as the course of the birth process.

Condition	Duration, cal days
Singleton pregnancy (general case)	140 (70 prenatal days, 70 postpartum)
Multiple pregnancy, if this is established during pregnancy	194 (84 prenatal, 110 postpartum)
Multiple pregnancy, if this is established during childbirth	194 (70 prenatal, 124 postpartum)
Difficult labor in singleton pregnancy	156 (70 prenatal, 84 postpartum)
Childbirth ahead of schedule during the period from 22 to 30 weeks	156
Place of residence (or work) is in an area contaminated by accidents at the Chernobyl nuclear power plant and Mayak PA	160 (90 prenatal, 70 postpartum)

Registration of maternity leave is carried out at the place of official employment.

To do this, the employer is provided with a set of documents, including:

1. A free sample application is the main document containing the employee’s request to issue maternity leave and assign social benefits;
2. A certificate of incapacity for work received by a woman at a medical institution where she is registered for pregnancy - this document specifies the start and end date of the vacation period in the special subsection “exemption from work.”

The employer needs to make sure that the sick leave is filled out correctly and check that the doctor has specified the details correctly. This sheet is intended for presentation to the Social Insurance Fund, which will reimburse the employer’s expenses for paying maternity benefits, and therefore the sheet must comply with the rules for preparing such documentation.

If errors are identified in specifying the details, the doctor did not fill out the required lines, or the information is not readable, then it is necessary to request a duplicate. A pregnant employee should contact a doctor for a duplicate.

Step-by-step registration of maternity leave

The procedure is as follows:

• Step 1 – the pregnant woman submits her application and sick leave received in consultation to the employer;
• Step 2 – the employer evaluates the correctness of the contents of the sheet and checks the application to ensure the presence of the necessary details;
• Step 3 - the personnel service generates an order T-6 indicating the number of vacation days provided, as well as the start and end dates of the vacation period. The period is taken from the woman’s statement, and you need to make sure that it matches that given on the sick leave. A woman has the right to shorten her vacation and go on maternity leave on a later date or end it on an earlier date;
• Step 4 – the employee reads the contents of the order, makes sure that the data is correct and records her handwritten signature as a sign of awareness;
• Step 5 – an entry about the granting of maternity leave is made in the eighth section of the employee’s personal card;
• Step 6 - the mark “P” or “14” is placed on the timesheet for all vacation days;
• Step 7 – no later than the tenth day from the date of receipt of documents from the employee, the accountant calculates the benefits;
• Step 8 – on the next day of payment of salaries to the staff, the accrued amount is paid.

Sample application for leave

A woman can write statements in her own hand on paper, she can type the text on a computer, and then print it out. The method of registration is not important, the main thing is the presence of a personal signature on the application paper confirming the validity of the stated request.

In her application, a woman needs:

• Indicate the position of the manager, the full name to whom the request is addressed, and the name of the company;
• Give the document a title and title;
• Express a personal request for leave;
• Limit its duration;
• Provide details of papers proving the presence of the right to a maternity leave - sheet number and date;
• Certify the document with your signature;
• Set the date.

Errors in writing an application

The absence of a specific period of vacation duration in the text will be an error. An employee may, at her discretion, go on maternity leave at a later date or return to work at an earlier date, different from that indicated on the sick leave, so it is necessary to explain to the employer the desired duration of leave.

It is not allowed to shift the maternity leave in such a way that its boundary dates go beyond the scope specified in the certificate of incapacity for work.

An employee cannot move her vacation, she can only change its duration within a limited duration, according to the sick leave certificate. If a woman in her application indicates instead of the first and last day decree only the starting date and duration in calendar days, this will not be considered an error.

It would be a grave mistake if an employee submits an application without her personal signature. This detail is required. It would also be a mistake if the employee does not provide a certificate of incapacity for work; the employer has the right to refuse maternity leave in the absence of a justification.

Answers to frequently asked questions

Question No. 1. Do I need to provide leave if a foreign worker applies?

If such an employee lives in the Russian Federation (on a temporary or permanent basis), then the employer who signed the contract with her must provide her with maternity leave and assign her social benefits. If an employee is temporarily staying in the Russian Federation, then leave will not be issued, since she will not be able to provide justification for its registration - a certificate of incapacity for work, which is not issued to those temporarily staying in the Russian Federation.

Question No. 2. Is the employer obligated to arrange leave for a conscript?

Maternity leave is provided regardless of the duration of the employment contract. The fact that the contract has a limited duration is not a reason for refusing to grant a decree. If the termination of the agreement occurs in the midst of pregnancy, then the company must extend the employment relationship until the pregnancy or maternity leave is resolved.

The only exception is that the contract is terminated due to the departure of a permanent employee whose duties were performed by a conscript. In such a situation, the pregnant woman needs to be offered a different job. If there is no suitable woman, or the woman refuses the offer, then the employment agreement is terminated.

Question No. 3. Is it necessary to provide leave to a woman with whom a GPC agreement has been signed?

If a pregnant woman performs work functions on the basis of a civil law agreement signed with her, then she is not granted maternity leave and benefits are not paid. The norms of the Labor Code of the Russian Federation do not apply to civil legal relations.

Question No. 4. Can an employer call a woman on maternity leave to work early?

An early call to work from maternity leave at the request of the management of the employing company is not allowed. If the initiator is a woman on maternity leave who wishes to end her vacation and return to work, then she has the right to do this on any day of maternity leave, but she must obtain the consent of the employer. The difficulty is that the benefit is paid in full at once at the beginning of the maternity leave, then its amount is reimbursed by the Social Insurance Fund.

If a woman goes to work before the end of her maternity leave, the Social Insurance Fund has the right to refuse to pay benefits for the days of actual work, that is, the employer will receive compensation only for the days she is on maternity leave. Excess benefits paid to an employee cannot be deducted from the woman’s salary without her consent. That is, the company bears certain risks when agreeing to early exit maternity leavers to work.

A compromise could be a situation in which a woman voluntarily returns the overpaid part of the benefit, corresponding to the days of maternity leave actually worked, and goes back to work.

Question number 5. Is it possible to end maternity leave early by replacing it with parental leave?

This is allowed. From the day the child is born, a woman on maternity leave can, at her request, exchange part of her maternity leave for parental leave. In this case, the maternity benefit is recalculated and then replaced with a monthly child benefit. This can be done by offsetting paid maternity benefits against monthly payments for the child. The law gives a woman the freedom to choose between the holidays available to her.