Sample application for sick leave for pregnancy and childbirth. Sample and application form for maternity leave. Certificate that the woman is registered for early pregnancy

The current legislation of our country does not contain such a thing as “maternity leave”. The fact is that this designation is the everyday name for the holidays granted to expectant mothers, which together constitute one long period (popularly called maternity leave), however, they are officially formalized separately from each other. Let's see what kind of holidays we are talking about and how to apply for them.

So, we mentioned that maternity leave consists of two different leaves. Let's look at them in order in the table below.

Table 1. Designation of leave periods due to working mothers in connection with the imminent birth of a child

Maternity leaveHoliday to care for the child
This period, given to expectant mothers to rest and prepare for the birth of the future baby, is not a vacation as such.

In fact, this is the so-called period of incapacity, that is, sick leave, which has a specific duration, the value of which is determined according to the circumstances in which the pregnancy occurs.

This part of the general “maternity” period is given to working mothers who have recently given birth to a child, without interrupting the accrual of work experience, for a period of up to 3 years from the date of birth of the baby.

The mother can take leave earlier if she wishes, however, according to the law, the employer cannot force her to do so.

The right to receive the above holidays is reserved for residents of our country at the legislative level, in particular it applies to:

  • working mothers;
  • women who do not have an official place of employment;
  • women serving in the army;
  • female students;
  • persons registered with the employment center;
  • female representatives of civil servants of military departments.

During the first half of maternity leave, mothers receive benefits equal to the full amount of their earnings received over the previous 24 months. However, you need to understand that the payment of funds is made only to the working population; unemployed citizens will not receive it, with the exception of those persons who were fired as a result of the completion of the work of any organization.

Provided that the mother worked for a short time before becoming pregnant, that is, less than six months, she is still entitled to receive benefits, however, the calculation will be made based on the minimum wage at the current time.

If the expectant mother is officially employed in several organizations, then each of the employers is required by law to provide her with the following:

  • sick leave (before childbirth);
  • vacation (after childbirth).

Duration of maternity leave

According to the letter of Russian law, the first period of maternity leave, represented by maternity leave, is provided to working mothers for the following period:

  • 70 days before the child’s birthday;
  • for a similar period after the baby is born.

Provided that any complications occurred during childbirth, the second half of the period is increased by an additional 16 days.

If a mother has a multiple pregnancy (the birth of two or more children), and it became known before the day of birth, even during registration, then the rest she is entitled to during the period of incapacity will increase as follows:

  • the prenatal period will increase by 14 days from the standard value;
  • the postpartum period will increase by as much as 40 days.

When the leave due to a pregnant worker begins is also determined by regulations. So, they say that:

  • during pregnancy with one fetus, the mother has the right to leave the workplace immediately at the 30th week of fetal development;
  • provided that the pregnancy is multiple, this period begins at 28 weeks;
  • if a woman lives in contaminated areas, her vacation begins from week 27.

The basis for going on sick leave can be a corresponding certificate from the antenatal clinic confirming the reality of the stated gestational age.

Please note an important nuance: the extension of maternity leave is possible due to the discovery of significant circumstances for its use, for example, if complications occur, or a single pregnancy turns out to be multiple. However, you need to understand that the following will not be compelling reasons for an extension:

  • premature birth of a baby;
  • postponing birth to a later date than expected.

To extend the period of incapacity for work, you will need to issue a new sick leave, not to replace the old one, but as another document officially stipulating a new period. Based on this sick leave and application, the mother is given additional time to rest.

The second part of the decree is parental leave, the duration of which can be 36 months.

How to apply for maternity leave

As you might have guessed, registration of maternity leave occurs in two stages:

  • the mother goes to the antenatal clinic and registers with us in order to receive a certificate of incapacity for work at 30 weeks;
  • The woman takes the sick leave she receives to work and writes a statement of appropriate content, attaching the mentioned document as the basis for writing it.

If there are several jobs, the expectant mother will need to go through the second step several times so that each employer gives her the opportunity to retire.

Please note: maternity leave can be partially taken not only by the mother who gave birth to the child, but also by the father, if the parents thus agree among themselves.

Let's look at the step-by-step instructions for writing a vacation application.

Instructions for drawing up applications for maternity leave

Step No. 1 – enlist the support of a competent person

An application for leave, which is due to every pregnant woman and one who has given birth, must be drawn up, in fact, by the expectant mother herself. Unfortunately, many of the nuances associated with the preparation of official documents change every year, therefore, if you take up the preparation of an application not in the current year, 2018, but in the next year, for example, it is better to clarify the mentioned subtleties with a competent source.

In this case, an employee of your organization’s HR department will act as such a source of information, who will provide support and tell you how to correctly formulate the text.

Step No. 2 - fill out the header of the application for BIR leave

The head of the application is the part of the document preceding the main text. So, it is written in the upper right corner of the paper, and includes:

  • an appeal to the head of your employing organization indicating his position and full name;
  • an indication of who is submitting the application, indicating information about yourself and the position in which you work.

After writing the listed information, in the middle of the sheet, just below, you need to write the word “application”, with a capital letter, without punctuation.

Step No. 3 - compose the main text of the application

Now let's begin to compile the text of the statement itself. So, you need to indicate in it:

  • the reason for your leave of absence;
  • the duration of your absence.

As we have already mentioned, the required duration is determined individually, according to the circumstances in which pregnancy and childbirth occur. In any case, you can find the number of days required in a particular situation in the sick leave certificate received from the antenatal clinic.

The next paragraph of the text is a requirement to accrue your due state benefit according to social insurance, due to your special situation. Without a separate requirement, benefits will not be accrued, since, according to the letter of the law, receiving it is voluntarily the decision being made. The employer, on completely legal grounds, will not pay you a penny if he does not see the corresponding requirement in the document.

The last segment of the main text will be represented by a list of various mandatory documents that are attached to this application, which we will consider below in a separate section.

Step No. 4 – submit the document for processing

We submit the finished document for processing to the same HR department, whose employees will draw up the corresponding order, and, after it is signed by the manager and receives confirmation in the form of the organization’s seal, the expectant mother will legally be able to leave the place of employment.

However, you need to remember that maternity leave consists of two leaves:

  • on pregnancy and childbirth;
  • caring for the newborn offspring.

Therefore, at this stage we have only discussed how to go on the first part of this leave, and then we will consider writing a second application, giving the right to stay at home for the required three years.

Step No. 5 - wait for the baby to be born and draw up a second application for parental leave

It is logical to fill out an application for parental leave, which is logical, only after the birth of the “culprit” of receiving it. The application for the second part of the vacation is drawn up by analogy with the same document for the first:

  • in the form of a header with similar content;
  • a text similar in meaning, with the only change in the form of indicating a different name of the vacation and the actual duration for it;
  • list of collected documents.

The second application drawn up by you is signed in the same way, a specific date is put on it, and the paper is again given to the personnel department.

What documents do you need to collect to obtain maternity leave?

Since when we talk about maternity leave, we mean two independent periods (sick leave and vacation), it is necessary to collect two different sets of documents to go to each of them. We will consider which ones in the table below.

Table 2. Documents required to collect for maternity leave

Why is it necessary?Documentation
For sick leave for pregnancy and childbirth
  • sick leave with a designated duration (individually determined);
  • a certificate stating that the mother is registered at the women's consultation clinic and registered before the 12th week of pregnancy;
  • an application for sick leave and benefits drawn up by the expectant mother;
  • passport of a citizen of the Russian Federation;
  • certificate in form 2-NDFL (taken at the place of work);
  • number of the account or plastic bank card on which you plan to receive benefits.
  • For the period of caring for a newborn
  • passport of a citizen of the Russian Federation;
  • child’s birth certificate (original + copy);
  • application for leave and benefits;
  • a certificate from the father’s place of work stating that he does not use maternity leave and does not receive benefits.
  • Note: Working mothers can provide the documents listed above:

    • directly to the Social Insurance Fund (relevant only for regions participating in the “direct payments” initiative);
    • the employer, who himself will transfer these papers to the Fund.

    What benefits are available to new mothers?

    As we mentioned several times in the text, mothers are entitled to government support in the form of benefits. So, every woman can count on the following payments.

    1. First of all, the mother is entitled to a prenatal benefit, the amount of which is determined according to information from the sick leave certificate, which indicates the number of days of incapacity for work.

    Based on this value, as well as the woman’s average daily earnings, the final amount paid is determined. According to the law, starting from 2018, she cannot:

    • be less than 9 thousand 489 rubles (current minimum wage);
    • exceed the amount of 265 thousand 827 rubles 63 kopecks.

    Provided that you register with the women's advisory clinic before 12 weeks, in addition to the basic amount of the benefit, you will receive a fixed payment of 613 rubles 14 kopecks.

    2. The second benefit, which is due to every mother, is fixed and one-time. Its value is 16 thousand 350 rubles 33 kopecks per child born.

    3. The third legal benefit due to the mother is paid:

    • monthly;
    • until the child reaches one and a half years old.

    The amount of the benefit sought is 40% of the mother’s average income received in the last 24 months before going on maternity leave.

    Thus, the minimum amount due to the mother will be 3 thousand 65 rubles 69 kopecks for each child born. The maximum threshold amount is 23 thousand 120 rubles 66 kopecks.

    Let's sum it up

    Maternity leave, as a phenomenon confirmed by legislative acts, does not exist. In principle, the word maternity leave is popularly used to mean one long period of rest for a working mother, although in fact there are two of them, following each other.

    Please note: not only the mother of the child, but also the father has the right to go on maternity leave, as well as receive benefits, even if the mother who gave birth to the baby does not work.

    Pay attention to small nuances and take into account the rules for completing applications. For example, you must not forget to indicate in your applications the requirement for benefits, since receiving them in our country is voluntary, and without the mentioned indication you simply will not receive the money.

    Video – Maternity leave: description, how to get it, deadline, calculations, payments

    Believe me, a pregnant employee is worried no less than you are, because she is facing not only childbirth, but also a serious procedure for registering maternity leave, in which you can either help or hinder her due to your incompetence.

    One thing is important: it is important for both employees and employers to know the procedure for applying for maternity leave in order to save time, and most importantly, nerves.

    general information

    How to properly send an employee on maternity leave? If it so happens that an employee announces her pregnancy, do not make hasty decisions.

    First, ask how far the woman is in her pregnancy.

    If it is very small, then do not rush to take any action, because anything can happen.

    If the period approaches thirty weeks, which in accordance with the order of the Ministry of Health and Social Development No. 624 are the basis for issuing sick leave for maternity leave, then you can safely look for a person who will temporarily perform duties while the woman is on maternity leave.

    As for paperwork, you should not take any action until the pregnant employee herself brings you sick leave.

    Only after you have provided it can you take actions that will be aimed at obtaining maternity leave in accordance with all the rules and requirements of the law.

    Registration procedure

    Certificate of incapacity for work for pregnancy and childbirth

    What is needed to apply for maternity leave? The most important thing in the package of documents is the certificate of incapacity for work. Based on this document, the timing of maternity leave begins to count..

    The the document is issued at the antenatal clinic upon the woman reaching thirty weeks of pregnancy.

    The certificate of incapacity for work indicates the passport details of the expectant mother, the name of the treatment institution that issued the document, as well as the recorded gestational age.

    In addition, the chief and attending physicians put their signature on the certificate of incapacity for work, as well as the seal of the medical institution, thereby proving the fact that the document is genuine.

    Certificate of incapacity for work must be compiled on a special form and mainly on a computer. A handwritten document is not a certificate of incapacity for work.

    Some medical institutions may indicate the estimated date of birth in this document. It is easier for an employer to focus on this period and calculate the length of time a woman in labor will be on maternity leave.

    Statement

    Another important document is an application for maternity leave, drawn up by the mother herself. This document contains a link to the certificate of incapacity for work.

    How to write an application for maternity leave? An application for sick leave for pregnancy and childbirth is drawn up on a sheet of A4 format. There is no exact form for drawing up an application, fixed by law.

    The main thing is that the document is sent to the name of the organization and its head. It is also important to indicate the information from whom the form was received.

    In the text of the application itself, the maternity leaver, referring to the certificate of incapacity for work, speaks about her term and asks to be allowed to go on maternity leave, retaining her place in the organization.

    Next is the signature of the writing employee and the date of compilation.

    The application can be drawn up either by hand, but in clear and understandable handwriting, or on a computer.

    If the organization has a local regulation that talks about how the application should be filled out, be sure to use the recommendations.

    You can also see the application and see examples of how to fill it out on the Internet.

    Order on maternity leave

    Based on the documents received, a leave order is drawn up for the employee. True, before sending a maternity leave on her well-deserved leave, it is necessary to carefully check the documents and calculate the deadlines.

    Once you are sure that maternity leave can begin today, draw up an order.

    Let us remind you that an order is a local regulatory act of a single organization, which has legal force on its territory and is binding.

    In addition, all employees must familiarize themselves with the order, so it is posted on the information board for a while.

    The order is approved by the seal of the organization, as well as the signature of the employer. It has a strictly established form t - 6 (leave order form).

    The certificate of incapacity for work, the employee’s statement and a copy of the order are sent to her personal file.

    Certificate that the woman is registered for early pregnancy

    If a woman registers with an antenatal clinic before reaching 12 weeks, then she also has the right to an additional payment in the amount of five hundred rubles.

    However, for this, a certificate of early registration must be provided to the employer.

    The employer must check the certificate, read it and attach it to the personal file if it is truly genuine.

    The certificate is taken by the woman at the consultation where she is registered.

    Rules for drawing up an application

    Form

    The application for maternity leave is written on A4 sheet. It must be clean and free of extraneous writing. In addition, the application for pregnancy and childbirth must contain a certain structure.

    At the top of the application, its addressee is indicated, as well as from whom this document was sent. The middle part contains information that the employee wants to go on maternity leave, and also reveals the reasons for this request.

    The third, lower part of the application indicates the date, signature of the employee and lists the attached documents.

    This statement is written by an employee who is going on maternity leave. The application is drawn up in the name of her direct employer. If a woman on maternity leave works in a department, then she can write an application addressed to the head of the department

    When is it written?

    When to write an application for maternity leave?

    The application is written immediately after the certificate of incapacity is issued(the next day). When drawing up an application, the date of receipt of the sheet is not indicated, but the date of submission of the application to the direct employer.

    A sample application for maternity leave is available.

    Order

    The Labor Code does not clearly answer the question of whether an order is needed.

    Anyway, the head of the company decides whether to write it or not.

    In accordance with Article 255 of the Labor Code, a certificate of incapacity for work attached to the employee’s personal file is the direct basis for her absence from the workplace.

    That is, from the above it follows that the presence or absence of an order is the whim of the employer.

    Form

    If an organization expects to have an order for an employee to go on maternity leave, then it must be drawn up in a special form. So, The name of the organization is indicated first, and then the order number.

    Also, the text of the document must indicate for which specific employee it was drawn up and what it reinforces through its actions.

    If an order is drawn up, then all citizens working in the organization must be familiar with it. As a rule, such documents are hung on the information board for review.

    About recording in the work book

    How to reflect maternity leave in the work book? Is it written?

    A work book is not issued to an employee when going on maternity leave and the corresponding entries are not made in it, since, despite the fact that the woman is outside the organization, her work experience continues to run. There is no wording for recording maternity leave in the labor register.

    All records that can be entered into the labor record are presented in Article 66 of the Labor Code and anyone can familiarize themselves with them.

    What to do if the HR officer, due to ignorance, made an entry about maternity leave and child care leave?

    It often happens that newcomers to HR make mistakes. One of the mistakes is entering a record of pregnancy and childbirth or maternity leave into the work book.

    Of course, it is impossible to leave the employee’s document in this state.

    The oversight requires correction.

    To do this, you need to use the manual for personnel officers and correct the inscription.

    It is forbidden to cross out inscriptions in the work book.

    It is necessary to deviate one line from the illegal entry, and set the date when the error was discovered. After this it is necessary write that the above entry is invalid, put the seal of the organization and the signature of the personnel officer. This completes the correction procedure.

    Conclusion

    Now you know how to behave with a pregnant employee, and most importantly, you know how to properly arrange her maternity leave. In a situation with a maternity leaver it is important to behave as competently as possible, otherwise it threatens nervous disorders for both the pregnant woman and you.

    It is the employer’s responsibility to know the entire procedure for registering a woman’s maternity leave. Therefore, you, as a competent leader, study our article and always be fully armed.

    Useful video

    You will learn how to arrange maternity leave at work in the following video:

    All officially employed women in the Russian Federation are guaranteed the right to maternity leave with benefits. To formalize everything, you need to write an application - the form of the document is arbitrary, but there are still a number of mandatory requirements.

    How to fill out an application for maternity leave and when to submit it?

    The right to maternity leave is ensured by Art. 255 Labor Code of the Russian Federation. The law specifies that it is a period of incapacity for work during which the pregnant woman retains her position and average income.

    As with other vacations, to apply for maternity leave you need to fill out an application. The difference is that a pregnant woman’s vacation must be arranged, despite the vacation schedule.

    She can take her main vacation without waiting, even without completing the minimum 6 months of work experience, and then go on maternity leave. Its duration is a maximum of 140 days, including a 70-day prenatal and 70-day postpartum period. It is not necessary to take maternity leave for the entire period. If she wishes, the woman can continue to work. The amount of the accrued benefit will depend only on the duration of the rest, because it cannot be received simultaneously with the salary.

    Reasons for providing


    Maternity leave is entitled to any woman registered with an enterprise under an employment contract. The basis is certain documents that need to be given to the employer:

    • statement to the director;
    • a certificate from the antenatal clinic confirming early (before the 12th week) registration (there is an opportunity to receive an additional payment);
    • A sick note issued by a gynecologist confirming the pregnancy itself and the planned date of birth.

    If you change jobs during the previous two years, you will also need certificates about the salaries in those companies. Based on the data from them, the average daily income and, accordingly, the amount of the benefit will be calculated.

    When to write

    The exact time when maternity leave should begin is not documented anywhere. Taking it is the right, but not the duty, of a working woman. She can prepare an application from the 30th week, and if she is carrying twins, from the 28th week of pregnancy.

    How long before maternity leave should you write?

    A woman has the right to write a statement as soon as she has a certificate of incapacity for work, or at any time before the birth itself. It sets the start date for the holiday - it could be tomorrow.

    When to write an application for the period of maternity leave of the main employee

    Regardless of her position, an employee can write a statement after receiving sick leave and go on maternity leave the next day. The employer has the right to ask her to postpone the start of her vacation so that he has time to find a replacement, but forcing her to do this is illegal.

    To avoid conflicts with your superiors, it is still recommended to notify your superiors of the approaching maternity leave 2 weeks before it starts. During this period, they will have time to find a temporary replacement employee, and the enterprise will be able to continue to function without downtime or slowdowns.

    Application for leave followed by maternity leave

    Each organization approves basic vacation schedules. Everyone rests in order of priority, but pregnant women are included in the “preferential” category of workers. They have the right to take their main leave out of turn, including immediately before maternity leave. You just need to write and submit an application to management. It is advisable to do this 2 weeks in advance, at least 3 days in advance, so that the accounting department can handle payments.

    Application for maternity leave

    There is a single application for maternity leave (pregnancy and childbirth), which is submitted at any time after the 30th week or the 28th in case of multiple pregnancy.

    Only this type of vacation is usually divided into 2 parts - a maximum of 70 prenatal days and a similar number of postpartum days. A woman can request as many days as she deems necessary, indicating the beginning and end of maternity leave. The amount of prenatal and postnatal payments depends on its duration.

    Transfer due to pregnancy

    If the employee feels well, she can remain at work until she gives birth. An alternative option is to take as many days off as you like before giving birth, but a maximum of 70. There is no provision for transferring pregnancy leave to the time after the birth of the child. However, subsequently it is possible to take out parental leave for up to 1.5 years, then up to 3 years.

    The benefit is paid exclusively for vacation days that were actually used. It is strictly targeted, intended to compensate for lost income. If a woman remains at work, she continues to be paid, so no benefits are provided.

    How much time to provide


    The exact deadline for submitting an application for maternity leave is not specified in any law. This means that they can actually provide it even the day before the start of the vacation. There is only one important nuance: the benefit is transferred along with your next salary, so you won’t be able to receive it earlier.

    Application for maternity leave: how to write correctly

    The legislator did not provide for a unified form of the document. Therefore, it is compiled arbitrarily or according to a scheme adopted by the company.

    How to fill

    Standard document structure:

    • “hat” (top right corner) – position and full name of the manager, name of the company, position and full name of the employee;
    • centered title – Statement;
    • main text – requests for leave (it is important to indicate the timing and requirement for the issuance of benefits);
    • attachment - a list of documents that are submitted with the application (sick leave, certificate from the antenatal clinic);
    • in the bottom right corner is the date;
    • Below is the employee’s signature.

    What must be


    Although the form of the document is arbitrary, there is information that must be included in it:

    • correctly call maternity leave, that’s how it should be written, and maternity leave is a colloquial expression;
    • vacation dates - they must coincide with those prescribed in the sick leave;
    • a request for benefits - if you do not indicate it, you will have to write another application, again collect papers that are missing;
    • list of attached documents.

    If you register before the 12th week, you can claim a separate benefit for this. The request for its accrual should be indicated in the main text.

    Application example

    You can write a statement, for example, with the following content:

    1. “Document header”: to the General Director of Stroyservis LLC I.A. Stepanov from the secretary K.K. Smirnova.
    2. In the middle of the page is the word “Statement”.
    3. Text – “Please provide me with BiR leave from 08/07/2018 to 12/27/2018, accrue and pay benefits plus a one-time payment for registering with an antenatal clinic at an early date. I ask you to transfer the benefits to your salary card. I am enclosing a sick leave certificate and a certificate of registration in a medical institution.”

    Is it possible to fill it out via mail?


    If your application is not accepted at work under any pretext, you can send it by mail.

    It is worth choosing a registered letter with an inventory and notification of delivery.

    In case of misunderstanding and a conflict situation, the employee will then have a document confirming that the employer has definitely received the application.

    When an application for maternity leave is signed

    To protect yourself, it is better for the employee to prepare an application in two (identical) copies. One copy is immediately signed, a mark of receipt is placed on it, after which it is given to the employee.

    Maternity leave for a pregnant woman: who signs the order, application


    The application is signed by a personnel officer, accountant or manager. Then an order is issued based on it. The director must sign it, after which the employee must read it and also sign.

    In order to officially go on maternity leave, or rather on leave according to the BiR, you need to submit a sick leave and an application to your superiors. Its form is free, the main thing is to indicate the request for rest and indicate its exact timing.

    You can write an application from the 30th week or from the 28th week during pregnancy with twins/triplets, and submit it at least the day before. It is better to inform your superiors about your plans at least 14 days before the maternity leave. This will avoid misunderstandings and give the employer the opportunity to find a replacement employee.

    Useful video

    The current legislation of the Russian Federation (as amended in 2020) does not contain the term “maternity leave”. This phrase is just the name used in our country for 2 types of vacation, which follow each other, usually without interruption, and, moreover, with different designs:

    1. Maternity leave, which is issued on the basis of Article 255 of the Labor Code of the Russian Federation in the form of temporary disability of a prescribed duration.
    2. Parental leave, granted for a longer period of time (until the child reaches 3 years of age) without interrupting the length of service and maintaining employment (Article 256 of the Labor Code of the Russian Federation).

    Form

    The application form for maternity leave in 2019 does not have a unified template, so the document is drawn up in a free style.

    However, it is required to maintain the structure of the form in accordance with similar official documents.

    On the eve of filing the application, you need to review the recommended sample forms for filling it out:

    • Application for maternity leave
    • Application for extension of leave
    • Petition for early leave of absence.

    Each application has some nuances and features when executed.

    When applying for maternity leave, the following structure must be observed:

    Some employees, after completing maternity leave, do not know whether it is necessary to apply for maternity leave? The answer is “YES”.

    A request for such leave must be drawn up and personally submitted to the personnel department or directly to the boss. The structure of the application form remains standard. It must contain the following information:

    • The title of the position of the head of the company, displaying the name of the company and full name. boss
    • Position, department where the employee works and her full name.
    • A succinctly stated request for parental leave until the child turns 3 years old
    • Petition for a monthly allowance for child care, as well as for compensated payments
    • The date the application was submitted, as well as the signature of the employee who submitted the form.

    The following documents must be attached to the application:

    1. A copy of the baby's birth document
    2. Certificate from the company where the employee is registered at work.

    An application for maternity leave is required after having a certificate of temporary disability due to pregnancy. As a rule, such a request is submitted at 30 weeks of pregnancy. In case of multiple pregnancy, the application is submitted at 28 weeks of pregnancy.

    An application for such leave must certainly be drawn up according to the recommended sample, which can usually be found in the personnel department or in this article (a little lower).

    At the same time, it is necessary to take into account legal nuances in order to avoid future conflicts with management. It is advisable to submit the request 7-10 days before the start of the vacation to give the accounting and human resources department the opportunity to process everything necessary.

    Note . Before an employee goes on vacation and transfers responsibilities, a corresponding order from the head of the company must be posted and the employee must sign for it.

    The application for maternity leave is sent to the HR department or directly to the boss (depending on the size of the company).

    To ensure that the petition does not get lost among other papers and to prevent conflicts in this regard, it is advisable to draw up the petition in 2 copies.

    When submitting a request for leave, the copy of the employee who brought the form is required to be signed by the receiving person, indicating the date of acceptance of the form and the registration number.

    After completing this procedure, the request will be submitted to the manager for the application of a visa, followed by the issuance of an appropriate order, on the basis of which the necessary measures will be taken to prepare documents and calculate due payments.

    Before going on maternity leave, an employee must submit a request to her boss in writing, indicating her intention. The application must be drawn up on a blank sheet of A4 paper, either manually or using a printer (the signature in both cases must be handwritten).

    The petition does not have a standard approved template, however, a sample of such a petition can usually be found in the personnel department. As a last resort, the personnel officer can provide assistance in writing the request correctly.

    When filling out the application form, you must comply with the following:

    1. The petition is written in the name of the boss, therefore, in the “header”, which is placed at the top of the sheet on the right side, the position of the head of the company is displayed, with the name of the institution and full name displayed. boss
    2. Below, in the same part of the page, fill in your full name. employee, displaying the position and structural department where the employee works
    3. In the center of the line, a little lower, the name of the form is displayed - "Statement"
    4. This name can be written more specifically, for example - “Application for maternity leave”
    5. The text part of the form sets out the essence of the request, displaying the start and end dates of the vacation
    6. If the employee is entitled to benefits, then the request for its receipt can be stated in this letter in the next paragraph.
    7. After this, the word is written "Application" and lists the list of documents that are attached to the petition:
    • Sick leave, displaying its details
    • Certificate from a medical institution confirming pregnancy.
    1. The application is completed by displaying the date of completion and signature of the applicant.

    Confirmation of the need for an employee to go on maternity leave is a sick leave certificate issued by a medical institution, indicating the cause of incapacity for work, and a certificate of pregnancy and registration from the antenatal clinic.

    These documents are filed in the original with the application for maternity leave. For insurance, you need to keep photocopies of documents.

    With documentary evidence of pregnancy at 12 weeks, the employee can count on additional financial benefits. To do this, you must submit a written request. You also need to attach a photocopy of your passport and bank card number for transferring the payment to the document.

    When filing an application for child care, you must attach a photocopy of the baby’s birth document. In addition, you must attach a certificate from the institution where the father works stating that he was not given such benefits.

    There is no clear answer to this question. The fact is that the Labor Code of the Russian Federation regulates the rules that allow dismissing a pregnant employee. At the same time, the legislation has created a list of legal grounds for expelling a pregnant employee to avoid abuse. You can fire a pregnant employee if:

    1. Her personal wishes
    2. Agreements between the employee and the institution (this option is most often found in practice)
    3. At the initiative of management (only in certain situations).

    Let's look at the exceptions that allow you to fire a pregnant employee:

    • Article 261 of the Labor Code of the Russian Federation regulates that an employer is prohibited from dismissing pregnant women on any basis reflected in Art. 81 Labor Code of the Russian Federation. An exception to the rule is the closure of an enterprise or individual entrepreneur.
    • In addition to the list of grounds reflected in Art. 81 of the Labor Code of the Russian Federation, deduction at the initiative of management is possible on other grounds provided for by the Labor Code of the Russian Federation and other regulations. Eg:
    • Due to failure to complete the probationary period assigned upon acceptance to the company (Article 71 of the Labor Code of the Russian Federation)
    • When an authorized person (legal owner) makes a decision to terminate an employment contract (Article 278 of the Labor Code of the Russian Federation)
    • In case of reinstatement of the main employee to the place of a part-time employee - a pregnant employee (Article 288 of the Labor Code of the Russian Federation)
    • If there are additional grounds for deduction reflected in the employment contract with homeworkers (Article 312 of the Labor Code of the Russian Federation) and employees of religious institutions (Article 347 of the Labor Code of the Russian Federation)
    • In case of additional grounds for expulsion of teaching staff, in accordance with Art. 336 Labor Code of the Russian Federation.

    Does the employee retain her job?

    Article 256 of the Labor Code of the Russian Federation regulates that during the leave to care for the baby, the employee retains her place of work. At the same time, please note that the employee does not retain the workplace, but the place of work. That is, this means that another person can temporarily take over her desk. In order not to interrupt the technological process at the enterprise, another employee is temporarily hired for this position, with whom a fixed-term employment agreement is signed for the period of absence of the main employee.

    This agreement does not need to indicate the end date of the contract, since if maternity leave is interrupted and a permanent employee returns to work, the employer is obliged to fire the temporarily hired person. Thus, after the main employee interrupts her maternity leave and goes back to work, the fixed-term employment contract with the temporary employee automatically loses force. Based on this, he quits his job (Part 3 of Article 79 of the Labor Code of the Russian Federation).

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