I have saved an article from the magazine "Practitioner Personnel" 14.2. It may turn out to be a long article, but maybe you’ll read it and find some solution for yourself:

"What to do if, at the end of parental leave, you are not provided with a place in kindergarten employee's child? How to maintain an employment relationship with her if she doesn’t want to quit and wants to stay at work?
The most traditional way for such a case is to provide the employee with leave without pay. wages according to her statement. When it is possible to place the child in kindergarten, the employee will interrupt her leave without pay and go back to work.
True, not all directors like this option, and many force employees to write a letter of resignation of their own free will under the threat of dismissal for absenteeism if the woman is unable to accommodate the child and does not return to work at the end of maternity leave.
Forcing one to resign at one's own request is illegal and can be challenged in court. If an employee is fired for absenteeism, she can also challenge it in court. But then it is unknown whether the court will consider the reason for absenteeism (the state’s failure to provide the employee’s child with a place in kindergarten within the prescribed period) respectful or not. Here we are dealing with an evaluative category. Frankly, more often than not, among law enforcement officers one hears the opinion that such a reason is not valid and the employer has the right to fire a woman for absenteeism who did not go to work when the child was three years old.
Often women in this situation ask for the opportunity to continue working, but on a very part-time basis.
We would particularly caution employers against attempting to fire a woman who has applied for part-time work.
Let us remind you that according to Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time working day (shift) or a part-time working week at the request of one of the parents (guardian, trustee) who has a child under the age of fourteen years (a disabled child under the age of eighteen).
So if an employee wrote an application to establish part-time work, then in accordance with Art. 93 of the Labor Code of the Russian Federation, management is obliged to set such a time for her. If it was not established, did not agree, and after the child is three years old, the woman does not go to work, then we do not recommend firing her for absenteeism. Surely in such a situation the court will side with her.
The imperfection of the law is that Art. 93 of the Labor Code of the Russian Federation is not detailed enough. It is not clear from it to what extent a woman can ask for part-time working hours. If she asks to set her part-time work to one hour a week, but the employer is not satisfied with such a schedule, what should she do? The law does not answer our real practical questions.
Until amendments are made to Art. 93 of the Labor Code of the Russian Federation, we recommend not prohibiting a woman from the schedule she requests. Try to agree on a mutually convenient work schedule.
So, the second option for maintaining an employment relationship with an employee is to establish part-time working hours for her. For example, a woman can work on a day when her husband or her parents have a day off and they can look after the child. Or she can hire a nanny for morning hours and work during this time. Let's give an example step by step procedure establishing part-time work for our case, with comments (...)
Since according to Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time working day (shift) or an incomplete working week at the request of one of the parents (guardian, trustee) who has a child under the age of fourteen years (a disabled child under the age of eighteen years), then switch to part-time work the father of the child can do it for a day, and the mother will then be able to return to work at the end of her maternity leave. This is also a way out if the family decides so. True, in real life the family rarely comes to such a decision; more often than not, women ask for part-time work.
If, for the position held by the employee, establishing part-time work is inconvenient for the employer (for example, when this involves hiring another employee for the position, and the division of responsibilities for this position between two employees is ineffective or impractical, or when there is a forced change in the job function), the employer may offer the woman a transfer for a position where establishing part-time work for a woman is not so destructive for the employer. Transfer can be offered either temporary or permanent. Here is an approximate step-by-step procedure for transferring a woman to another job while simultaneously establishing part-time work, with comments (...)
The next option that can be proposed is to provide a woman with work from home in her current position or with a transfer to another position. We are obliged to warn you that the question of whether it is possible to formalize the transition to home work by agreement to an employment contract is controversial among specialists. Some believe that this is permissible in the general procedure for changing the terms of an employment contract (Article 72 of the Labor Code of the Russian Federation). Others are sure that in order to become a homeworker, you need to enter into a separate employment contract, as a part-time job, because according to Art. 310 of the Labor Code of the Russian Federation “homeworkers are considered to be persons who have entered into an employment contract to perform work at home using materials and using tools and mechanisms provided by the employer or purchased by the homeworker at his own expense.” Supporters of this position propose terminating the previous employment contract with the employee and concluding a new one. But in practice, workers, as a rule, do not agree to this option, because they fear that the second employment contract will not be concluded at all. But we have no right to force an employee to resign. As a result, in the case where an employee has submitted an application to transfer her to home work, and the employer has agreed to these conditions, the parties usually draw up an agreement to change the terms of the employment contract (by which the employee is transferred to home work). Or an employment contract is concluded with the employee to work part-time as a homeworker (this option is especially suitable when work at home is offered other than what the employee did on the employer’s premises). The fate of the contract for the main work can be different.

Maternity leave- this is the time of absence from work due to the need to care for a child. People go on vacation based on their own application addressed to the head of the organization. The legislation provides for the duration of maternity leave until the child reaches 3 years of age.

In current legislation Russian Federation concept is not used "maternity leave". This expression is only a common slang name in our country for two types of leave, following each other, usually without interruption, and issued separately from each other: maternity leave - issued in the form of a period of incapacity for work (sick leave) of a set duration, and parental leave is provided for a longer period (up to the child reaches the age of 3 years) without interruption of work experience and work experience in the specialty.

General information

The right to receive maternity leave recorded in Labor Code Russian Federation in Art. 255, . This right is reserved for all working women, including military women, the unemployed, students officially recognized as unemployed or registered at the labor exchange, as well as women who work in military departments as civilian personnel.

Attention

Paid for the period of maternity leave social security benefit, the size of which is equal to 100% of average earnings expectant mother for the previous 2 full years.

Sample application for maternity leave during pregnancy and childbirth

An application regarding the need to go on maternity leave is absolutely no different from any other application, and also has a standard structure:

• “header” (upper right corner of the sheet), which indicates the name of the organization, surname, first name, and patronymic of its leader, and in the same corner below the surname, initials, and position of the applicant must be indicated;
• the name of the document, namely, “statement”, which is written without quotation marks in the middle of the sheet below the “header”;
• main text, which can be presented in any format; the main thing is that the applicant is able to write down a request for the vacation she needs, its temporary boundaries and state a request for the appointment of one or another benefit;
• All are listed below additional documents attached to the application (as a rule, this is the original sick leave certificate issued by the medical institution and the original certificate issued by antenatal clinic, which confirms the state of pregnancy);
• in the lower right corner the applicant puts the date of filing the document, as well as her own signature.

After submitting the application and all necessary documents employer publishes order for maternity leave, a sample of which is given below.

How to book a vacation

If you work, you are entitled to maternity leave. It doesn’t matter how long you work, how much you earn, whether you work part-time, on a temporary or permanent contract - you still get vacation.

Maternity leave (usually called maternity leave) lasts 70 calendar days before birth (84 - for multiple pregnancies) and 70 calendar days after birth (86 - if there were any complications during childbirth, 110 - for the birth of two or more children) (Article 255 of the Labor Code of the Russian Federation of December 30, 2001 No. 197 -FZ).

Maternity leave is calculated cumulatively and is provided entirely regardless of the number of days actually used by you. It is easy to calculate that maternity leave is assigned at the 30th week. If a child is born much prematurely, before the start of maternity leave, then the leave will automatically begin on the day of birth.

Documents required to obtain maternity leave

To go on maternity leave, you must write a statement at work and present a sick leave certificate, which will be given to you at the antenatal clinic at 30 weeks of pregnancy. If it turns out that at the time of the start of maternity leave you are in the hospital, then you will be given this sheet there.

When maternity leave ends, you have the right to apply for parental leave until your child reaches the age of three (Article 256 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ). During this time, you will retain your place and you will receive benefits. The procedure and timing of payment of benefits for state social insurance during the period of the specified leave are determined federal laws. You are also entitled to this benefit if you work from home or part-time during your parental leave. Before you go on maternity leave, try:

• Give employees and clients advance notice that you will be leaving, and let them know who will be replacing you and how to find that person if necessary;
• plan your affairs so that, on the one hand, you have time to complete important tasks, and on the other hand, gradually ease your responsibilities;
• gradually shift your responsibilities to your employees or to someone who will replace you.

Question . What if I didn’t have time to take my usual vacation?

Answer . Before maternity leave and after parental leave, you must be provided (upon application) another vacation no matter how long you have already been working at this enterprise (Article 260 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ).

If you want to take advantage of parental leave , then write a corresponding application addressed to the employer and make sure that you have confirmation of its receipt by the employer; remember that at the end of your maternity leave, you are required to start working if you have not written an application for parental leave. If you want to terminate parental leave early, it is better to agree on the date of return to work with the employer and formalize the agreement reached in writing in duplicate. If you want to work from home or part-time during this period, write a corresponding application addressed to the employer; Discuss in detail with your employer the new working hours and the agreements reached MUST be recorded in writing. Try to stay in touch with your place of work to stay up to date. If you learn about upcoming staff reduction measures, you will have a better chance of retaining your position by timely intervening in the employer’s actions and warning him about the illegality of such a reduction.

Holiday to care for the child

According to Article 256 of the Labor Code of the Russian Federation, upon application of a woman, she is granted leave to care for a child until he reaches the age of three years.

Conventionally, this vacation can be divided into two periods.

Parental leave until the child reaches the age of one and a half years, during which the woman receives child care benefits, and child care leave from one and a half to three years. However, this division is only relevant for the purposes of paying state social insurance benefits. From the point of view of labor relations, this is one leave, and the legal status of the woman in both cases is the same (and since January 1, 2007, when non-working women also received the right to child care benefits, this division has become even more conditional).

Parental leave can be used by a woman in full or in parts. A woman can work part-time or at home while maintaining the right to receive state social insurance benefits. Moreover, she has the right to do this at her own discretion; the employer does not have the right to refuse a woman to establish part-time working hours. This follows from the text of the law - “at the request of a woman.”

Father's Day Vacation and Other Relatives

If you do not want to leave your job for a long time, then your husband, the child’s grandparents, and in general any relative or guardian who will care for the child can take parental leave - in whole or in parts (Article 256 of the Labor Code RF dated December 30, 2001 No. 197-FZ). So you can divide your vacation between everyone, for example, like this: the first year you look after the child, the second year your husband, and the third year an energetic young grandmother...

In this case, it is necessary to confirm the fact that the woman does not use maternity leave at her place of work and does not receive benefits. This right of relatives to care for the child is derived from the right of the mother. If the mother did not work anywhere before giving birth, did not serve, or did not receive vocational education, then she cannot take advantage of maternity leave, and, accordingly, neither can other relatives.

Of course, in order to take advantage of parental leave, other relatives must be in an employment relationship.

Parental leave is counted towards the total and continuous leave seniority, as well as length of work experience in the specialty (except in cases early appointment old-age labor pension).

To apply for this leave, the father (or grandmother, or grandfather...) writes an application addressed to the manager with a request to provide leave to care for the child until he reaches three years of age and attaches a copy of the child’s birth certificate to the application. The father can go to work at any time by notifying the employer in writing. Also, upon his application, he may be granted part-time work with the right to receive state social insurance benefits. An employer does not have the right to deny a father parental leave.

Many countries provide paternity leave for fathers.

A father from Norway was the first to receive parental leave. Norwegian law gives men the right to take 6 weeks of maternity leave.

Israel recently passed a law allowing fathers to take 16 weeks of maternity leave, the same as women.

In the Japanese city of Ota, new fathers are forced to go on maternity leave! The father takes care of the child for forty days, while receiving 100% salary; moreover, after returning to work, the employee is required to write a report on how he took care of his child and how he feels in the role of a father.

Additional parental leave

You should know that in accordance with Article 263 of the Labor Code of the Russian Federation dated December 30, 2001. No. 197-FZ, additional leaves without pay are possible for persons caring for children:

• an employee who has two or more children under the age of fourteen;
• an employee who has a disabled child under the age of eighteen;
• a single mother raising a child under the age of fourteen;
• a father raising a child under the age of fourteen without a mother.

Also, the collective agreement may establish annual additional leaves without pay at a time convenient for such employees, lasting up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

How to return to your previous job after vacation

A woman on maternity leave is often perceived by her employer as an unwanted burden. Since a woman is especially socially vulnerable during this period, the law establishes certain guarantees. During the period of parental leave, the employee retains his place of work (position) - says part 4 of article 256 of the Labor Code of the Russian Federation. This means that after maternity leave or parental leave, you are required to be hired back to work in the same position from which you left, with the same responsibilities, rights, working conditions and pay. If it is impossible to return to your previous job, then the employer is obliged to provide you with another job that is convenient and acceptable. If you want to interrupt your vacation and return to work earlier, you have the right to do so, but you must notify your employer in advance.

E.A. Shapoval,
Leading Lawyer

We arrange the transition from maternity leave to maternity leave

You cannot provide two maternity leaves at the same time

An employee cannot be on parental leave and maternity leave at the same time. e Articles 255, 256 of the Labor Code of the Russian Federation; clause 20 of the Resolution of the Plenum of the Supreme Court of January 28, 2014 No. 1. It is also impossible to pay child care benefits for children up to one and a half years and maternity benefits at the same time. e Part 4 Art. 13 of Law No. 81-FZ dated 19.05.95 (hereinafter referred to as Law No. 81-FZ);. Part 3 Art. 10 of the Law of December 29, 2006 No. 255-FZ (hereinafter referred to as Law No. 255-FZ)

Therefore, a woman must choose which leave to use.

We re-register maternity leave

We tell the employee Maternity leave is more profitable, since the amount of the benefit is greater than the amount of child care benefits m.

Part 1 Art. 15 of Law No. 81-FZ; Part 1 Art. 11 of Law No. 255-FZ Maternity leave is more profitable, since the amount of the benefit is greater than the amount of child care benefits It is necessary to apply for maternity leave and pay benefits to a woman on maternity leave for the period specified in the employee’s application and sick leave. But provided that she submits an application and sick leave no later than 6 months from the end of maternity leave.

Part 2 Art. 12 of Law No. 255-FZ

If a woman, while on maternity leave, applied for maternity leave later than the date specified in the maternity leave, and you have already paid her child care benefits, then only pay the difference between the pregnancy benefit and the care benefit .

If a woman has chosen maternity leave, then do so. Step 1. Ask the workers s:

Art. 255 Labor Code of the Russian Federation; Part 5 Art. 13 of Law No. 255-FZ application for termination of parental leave and payment of benefits (if it is still paid) and for the provision of maternity leave and payment maternity benefit and benefits for registration in early dates

pregnancy (if it is due).

The application form has not been approved. It can be composed like this.
General Director of Constanta LLC
Gusev K.V.
from the seller

Skripkina Olga Ivanovna

Statement

I ask you to stop my parental leave before he reaches the age of 3 years and the payment of child care benefits from April 24, 2017.

I ask you to grant me maternity leave for 140 calendar days from April 24, 2017 and to pay the appropriate benefit for this time.

I also ask you to pay me an allowance for registering in the early stages of pregnancy.
I am attaching to the application:
- certificate of temporary incapacity for work dated April 24, 2017;

O.I. Skripkina

certificate of temporary incapacity for work;

a certificate from the antenatal clinic about registration in the early stages of pregnancy (if There is) Art. 10 of Law No. 81-FZ; clause 22 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

We re-register maternity leave

If it turns out that a woman who worked part-time on maternity leave, the amount of maternity benefit for the second maternity leave will be less than the benefit for caring for her first child until she reaches the age of one and a half years, she can receive a care benefit for the child, because it is more profitable for her. And only after that go on a second maternity leave. The second maternity leave will be paid only for the time remaining before its end.

Step 2. Issue an order to terminate parental leave and benefits and to grant the employee maternity leave and benefits.

There is no form for such an order that can be taken as a basis. The order can be issued like this.

Limited Liability Company "Constanta"

Order No. 18-k

Moscow

In connection with the termination of maternity leave for a child under 3 years of age and the provision of maternity leave to Skripkina O.I.

I ORDER:

1. Stop parental leave until the child reaches the age of 3 years and the payment of child care benefits to the seller O.I. Skripkina since April 24, 2017

2. Provide O.I. Skripkina maternity leave for 140 calendar days from 04/24/2017 to 09/10/2017 and pay maternity benefits for this period.