Order for maternity leave
According to the provisions of Article 255 of the Labor Code of the Russian Federation, the duration of maternity leave is 140 calendar days - 70 prenatal and 70 postnatal (normal) - with the payment of state social insurance benefits in the amount established by federal laws.
In practice, there are cases when women do not want to issue a decree until the last for various reasons, including due to the extension of the postpartum rest period.
According to the Decision of the Supreme Court of the Russian Federation dated November 14, 2012 No. AKPI12-1204, the arguments that if a woman works after the 30th week of pregnancy, she is not entitled to claim a vacation of 140 calendar days, in fact, they boil down to a requirement to extend the postpartum part of the rest, which is contrary to article 255 of the Labor Code of the Russian Federation.
Thus, if a woman decided to work to the last and actually received a disability certificate in a maternity hospital, then she should be prepared for the fact that the decree will be not 140, but 70 calendar (postpartum) days, with the corresponding payment of state social insurance benefits.
What is needed to issue a decree
The norm of the legislation establishes that women, upon their application and on the basis of a certificate of incapacity for work, are granted maternity leave, which is issued by order of the employer on the form of a unified form No. T-6, with which the woman must be familiarized against signature.
To issue an order for 140 days of maternity leave, a woman needs to receive a certificate of incapacity for work, which is issued by a doctor (in the absence of a doctor, paramedic) at the 30th week of pregnancy (with multiple pregnancy at the 28th week). Without a disability certificate, the employer does not have the right to issue this type of vacation.
In the "sick leave" the doctor puts down the duration of the calendar days of incapacity for work: from 140 calendar days for a singleton pregnancy, up to 194 days for a multiple pregnancy (for details, see paragraphs 46-51 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health of Russia dated June 29, 2011 No. 624n) .
From the moment of receiving a certificate of incapacity for work, the employee has the right to write an application for the provision of a "decree", the main provisions of which are set out in article 255 of the Labor Code of the Russian Federation. The order for maternity leave (sample 2019) is presented below.
Sample application for maternity leave
Unified form T-6
This type of document refers to orders on personnel and is subject to storage for 75 years (paragraph 6 of the List of standard management documents ..., approved by order of the Ministry of Culture of the Russian Federation dated August 28, 2010 No. 558.
Sample order for maternity leave
Return from maternity leave
Early exit from the decree, on the one hand, is not prohibited by labor legislation, on the other hand, it is not provided. This position is set out in the letter of the Federal Service for Labor and Employment dated May 24, 2013 No. 1755-TZ. The early exit of a woman from maternity leave is associated with the employer's risk of receiving justified claims from the Social Insurance Fund. Options are possible with the conclusion of civil law contracts between the employee and the employer for the performance of certain work, but the official return to work earlier than the deadline set by the order is not recommended.
If at the end of the decree a woman plans to work, she simply goes to work, without providing any documents and applications.
If an employee plans to take parental leave when they reach three years of age, the woman will have to write a corresponding application and provide a copy of the child's birth certificate.
Sample application for child care
Whatever decision a woman makes, in accordance with Article 256 of the Labor Code of the Russian Federation, she retains her place of work for the entire period of maternity leave, as well as for the period of caring for a child until he reaches the age of three. In addition, in accordance with the same rule, she has the right to return to work ahead of schedule, without waiting for the end of the parental leave.
Sample application for early termination of parental leave
Sample order for early termination of parental leave
Procedure for recovering lost orders
Responsibility for organizing the storage of all documents in the organization lies with the head or a person authorized by him. In case of loss or destruction of documents, the employer needs to find out the reasons for the loss and eliminate them:
- fix the fact of the absence of the document;
- create a commission to find out the reasons for what happened;
- based on the results of the work of the commission, take measures to prevent this from happening in the future;
- if necessary, take disciplinary measures against the guilty persons;
- if possible, restore lost documents using the available document registers, as well as by sending appropriate requests to the archive, pension fund, tax service, etc.
In any case, when a loss is discovered, the most energetic actions should be taken to avoid misunderstandings, both with employees and with regulatory authorities.
