Leave for pregnant women before maternity leave: how many days are required?

Family law > Maternity leave > Is it possible to take leave before maternity leave?

• The legal right of the expectant mother raises a number of questions for personnel officers, accountants and management.
• Under what conditions and to what extent, in what terms and with what pay is this leave granted?
• Can a pregnant woman be denied leave before maternity leave?

The Labor Code allows this only in one case - if during the current year the woman has already used her vacation in full, and the next working year has not yet begun. Moreover, the working year is counted from the date of hiring.

How to properly organize your vacation before maternity leave

Theoretically, it is enough to know how to write a statement addressed to your boss. This can be done using the following form:

“Please provide me with basic annual paid leave for the period worked from__, on the basis of Article 260 of the TK, for __ calendar days from __ to__. Date of. Signature."

Register it with the secretary or send it by mail the day before the start date of the vacation and the pregnant woman’s desire should be satisfied.

But in practice, it is better to notify the manager 14 working days in advance . This will allow management to find an appropriate replacement for the employee going on vacation. And he will not allow him to use articles 123, 124 and 136 of the TK RF.

According to these articles, if an employee is not paid vacation pay 3 working days before the start of the vacation and he was not notified in writing about the start date of the vacation 14 days in advance, the organization is obliged to postpone the vacation in accordance with the fulfillment of the conditions stipulated by these articles.

If management, by hook or by crook, is trying to prevent a pregnant woman from having her legal leave, you should contact the labor inspectorate and force your employer to comply with the law.

How to calculate the start date of annual leave before maternity leave

The estimated start date of compulsory annual leave is calculated relative to the fixed date of maternity leave.

Maternity leave

This sheet establishes the period of incapacity for work of the expectant mother until the day of birth. It amounts to:

• during normal pregnancy – 70 days;
• with multiple births - 84 days.

The dates indicated on the certificate of incapacity for work are observed as strictly as the sick leave.

Even with an agreement between management and the employee, it is impossible to change these deadlines without breaking the law.

If such a violation is detected, sanctions will necessarily follow:

• for the employer - from law enforcement agencies and labor protection;
• for a woman, if she provided a certificate to the personnel officer later than the due date or did not submit it at all - from the federal budget authorities, when paying maternity benefits.

You can increase the vacation time before childbirth only on the day of registration for pregnancy, convincing the gynecologist of a shorter period of 7-10 days. This is quite possible, due to the difficulty of determining the exact date in the early stages of pregnancy.

Mandatory annual leave

1. According to Article 123 of the Labor Code of the Russian Federation, regular vacations are provided to employees in accordance with the schedule approved 14 days before the new year.
2. But for some categories of workers this law does not work and leave is granted outside the schedule upon written request.
3. A pregnant woman has the right to apply for annual leave in a period other than the one indicated in the schedule.
4. The legal provisions of Article 260 of the Labor Code of the Russian Federation are the basis for a woman’s legal right to demand annual leave:

• before maternity leave;
• immediately after maternity leave;
• or time it to coincide with the end of parental leave, that is, before going to work.

Having received the application, the employer is obliged to satisfy the request, regardless of the employee’s length of service in his organization.

• In this case, the employer must provide, at the employee’s request, full leave, regardless of how much time she has worked.
• Using vacation in parts is permissible only with the consent of the employee.
• Recalling a pregnant woman from vacation is prohibited by Article 125 of the Labor Code of the Russian Federation.

How many days can you take before maternity leave?

The number of days in each individual case may vary:

1. If a woman has already taken annual leave in the current year, and her new working year has not yet begun, leave is not due. That is, in this case, vacation days are zero.
2. If a pregnant woman, for some reason, does not want to take a full vacation, she can write an application for part or half of the vacation. Then the vacation is determined arbitrarily. Article 125 of the Labor Code of the Russian Federation determines the procedure for dividing vacation into parts, according to which: 1 part must be at least 14 days in a row, and the other parts can be anything, even 1 day each.
3. If full leave is taken, the number of days will depend on the category of work. Article 334 of the Labor Code of the Russian Federation, Articles 5, 23, 46 of the Federal Law and Government Decrees of the Russian Federation No. 391 and 949 provide for extended paid leave for certain categories of work. If a pregnant woman falls into one of these categories, she has the right to go on extended leave. The vacation will range from 28 days, at least to the number determined by law.
4. If an employee has unused vacation for the past year, and the next one has already arrived, she has the right to take two vacations at once before going on maternity leave. Then the vacation will last 56 days or more.

Thus, full annual leave before maternity leave is 28 days or extended by law, and the amount of partial leave depends on the agreement of the employee and management.

The initiator of such an agreement can only be the employee herself, who also determines the size and timing of dividing the leave into parts.

In addition, the employer can provide additional days for vacation:

• own decision;
• fulfilling the terms of an employment contract or collective agreement;
• according to the law on additional days in accordance with an irregular schedule, difficult working conditions, etc.

When a woman plans not to return to her previous place of work after finishing child care and does not want to have legal problems associated with overpayment for actually unearned vacation, she has the right to take only earned vacation days before maternity leave.

Video: Is it possible to take a vacation before going on maternity leave?

Annual leave. Law and calculation examples

1. According to the general rules under Article 122 of the Labor Code of the Russian Federation, the right to use annual leave occurs after the employee has worked for at least 6 months in this organization.
2. If the employee quits before the end of 6 months, leave is not issued, but is replaced by compensation at the rate of 2.33 days for each month worked.
3. For pregnant women, different rules apply:

• a pregnant woman may request part or full leave on the first day after official employment;
• she has the right to add two vacations to the maternity leave, in the case of unused vacation over the past year;
• It is unacceptable for a pregnant woman to replace vacation days with monetary compensation.

Let's look at an example

Source: http://semeinoe-pravo.net/mozhno-li-vzyat-otpusk-pered-dekretom/

Leave before maternity leave, how much is required according to the labor code? Is it possible to apply for another leave for pregnant women?

It's no secret that any woman after giving birth has the right to take maternity leave. However, few people know about paid leave for childbirth or pregnancy before maternity leave . This type of vacation pay is official and is prescribed in the Labor Code of the Russian Federation, but due to the incompetence of some employers, not everyone is given it.

Maternity leave

First, it’s worth understanding maternity leave, how it’s calculated and what it is. In order to take a vacation, you need to contact your superiors with a corresponding application and present a sick leave certificate. You can write an appeal at any time from the moment you receive a medical opinion.

The duration of maternity leave in 2020 is calculated in full and is provided immediately after the presentation of all documents. The length of leave depends on the state of health and the course of pregnancy or childbirth:

• in the case of a favorable combination of circumstances of a “singleton pregnancy”, the mother is entitled to 140 days of rest (70 before and 70 after childbirth);
• otherwise, when complications are observed, the period can be extended up to 194 days (84 before and 110 after birth).

Can a pregnant mother take leave before maternity leave?

In addition to maternity leave, a pregnant woman can take additional vacations. As mentioned above, many employers are not sufficiently aware of this issue and may not provide this type of rest. However, according to the labor code, any enterprise is entitled to provide special benefits and vacations, regardless of length of service, experience, and even if 6 months have not been worked.

These privileges include:

• half-holiday;
• simplifying work and simplifying tasks whenever possible;
• protection from factors harmful to health;
• holidays before maternity leave (at the employee’s request).

All requirements are spelled out in the labor code; enterprises do not have the right to refuse in these circumstances. If this was not discussed before hiring, you can still safely claim all of the above benefits.

Duration of vacation

Before touching on this topic, it is worth noting that vacation pay before maternity leave can only be issued once a year. If a work holiday has already been taken during the year, then it will not be possible to take it a second time.

Finding out how many days are allotted for expectant mothers is not difficult. This is subject to the normal paid holiday pay provided. As a rule, this is 28 days, but, for example, employees of educational institutions have 52 days off.

An interesting fact is that rest days can be distributed. In other words, having rested for 12 days before giving birth, the woman has 16 more days off. Also, unused vacation is not paid in addition to salary.

Vacation in advance

Any woman also has the opportunity to take time off, regardless of the length of work in the company.

That is, vacation can be provided in advance, lasting 28 to 56 days, depending on standard annual vacation pay. The vacation days spent in the current year do not affect if the vacation is taken in advance.

It is issued outside the vacation schedule and is counted in subsequent periods after returning to work.

When booking a vacation you should consider:

• by taking time off in advance and in full, the next time off can only be taken with the onset of next year;
• in case of dismissal from work during vacation pay, the employer has the right to withhold or recover the amount paid for being on maternity leave.

How to write an application for leave before maternity leave

Before writing an application, several important questions should be resolved:

• Having carefully assessed your situation, determine how much rest you will need, not forgetting about the weekend in advance;
• try to coordinate the dates (start and end of vacation) with the head of the enterprise. This will be useful for both the manager and the employee. After all, he will be able to find a replacement or distribute responsibilities to other workers, while maintaining a good attitude;
• It is better to write a request in advance (at least 2 weeks in advance). Review may take time. And the organization has a period of 14 days to approve the application;

Some organizations already have a ready-made vacation application template, but if they don’t have one, you can follow the template.

Any application must contain:

• address to the head of the enterprise (full name);
• information about the applicant (full name, position)
• petition for paid maternity leave/leave;
• time off;
• request for accrual of vacation pay;
• mention of Article 260 of the Labor Code of the Russian Federation;
• signature and date.

The situation will be reviewed by management for some time, after which approval will follow, and the personnel department will prepare an order for granting vacations. Accounting, after receiving the notification, will begin calculating payments.

Read also: Unified card of St. Petersburg residents: what is it for and how to get it

How is work experience calculated?

Workers often have questions about their length of service, because maternity leave lasts a considerable amount of time and you don’t want to lose several months of work experience. According to the Labor Code of the Russian Federation, during the period of incapacity for work caused by pregnancy and childbirth, length of service is accrued and summed up with the current length of service.

It is worth noting that when working a shortened working day, the length of service will be accrued in full. And any such conditions during vacation at the enterprise are regarded as full-time work.

 

Source: https://jurist.lawyer/family/beremennym-otpusk-pered-dekretom.html

Is it possible to take vacation before maternity leave, advice from lawyers on labor law

When a person is accepted into the company's staff, in addition to a number of obligations, some opportunities arise.

The Labor Code, namely Article 114, determined that such a list includes not only breaks during the working day, but also a longer period that is due to every worker.

At the same time, employees can take another leave while maintaining their position and average income. The same principle applies to women before maternity leave.

When to go on annual paid leave - before pregnancy and childbirth or after - the expectant mother herself can decide (Article 260 of the Labor Code of the Russian Federation). A pregnant woman doesn’t have to think about her work experience, which in a normal case should be at least 6 months.

According to the law (Article 122 of the Labor Code of the Russian Federation), an employee can be granted leave before he has worked the minimum six-month period only with the consent of the employer. Rest before maternity leave is provided in advance to the following categories:

• women before or after maternity leave (Part 3 of Article 122 of the Labor Code of the Russian Federation);
• adoptive parents;
• men while their wives are on maternity leave;
• other.

The expectant mother can work the minimum period and write an application for paid leave of at least 28 days (or more, if required by law). This is time off in advance.

How long the period before maternity leave can be taken, and how many days the expectant mother is supposed to add in 2019 depends only on the wishes of the maternity leaver, and not on the actual time worked.

Vacation in advance

It is worth noting that the lack of vacation experience does not affect the possibility of providing a pregnant woman with annual rest, which means that the employee can not only take off the days she has already earned, but also take it in advance towards her future work activity.

Employees are interested in the possibility of receiving leave on an advance basis. The law does not provide for such options, but if you can come to an agreement with your boss, then why not? In most cases, the advance does not meet with approval from management, and the reasons are:

1. The need to pay vacation pay accrued for the current year.
2. If an employee resigns, he does not have to return the entire amount of vacation pay, only twenty percent of the last salary.

Articles 255 and 256 regulate rest for pregnancy and childbirth and for caring for a child under three years of age . So it is worth considering that the employee will not be at work for almost three years. The Labor Code obliges the entrepreneur to take the employee back to her previous job after the end of maternity leave.

For some reason, employers provide employees with vacation in advance - for time not yet worked. In a similar way, you can arrange the period before the BIR - the employer does not have the right to refuse a request of this kind from a pregnant woman.

But it is important to know that in the future, time off must be worked out. Otherwise, the employer may pursue a recovery.

How to calculate labor leave before maternity leave

The complexity of the calculation depends on whether the pregnant woman worked a full year before it began. If the length of service in the company is more than 12 months, then the calculation is made as follows:

Vacation pay per day = salary for the year/12/29.3 multiplied by the number of paid days. (Article 139 of the Labor Code). The result obtained is the amount of vacation pay.

Calculation in case of incomplete year of work or sick leave during the specified period. Calculation scheme:

• 31-5=26 (when a woman, for example, was sick for 5 days in May);
• 29.3/31*26=27.5 – average monthly number of days in May.

Vacation pay per day = salary for the year/(11*29.3+27.5) * 28 days – the amount in case of sick leave in the current year.

Compensation for unused vacation before maternity leave

Article 126 of the Labor Code of the Russian Federation prohibits the replacement of days off with compensation, and when checked, such a step will be regarded as a violation of the rights of a pregnant woman and will entail a fine. It is a violation to allow the employee to take her next vacation for the year that has begun before going on maternity leave, and pay the rest in the form of compensation.

If a pregnant woman’s position does not allow her to count on additional days, and the period is the minimum possible 28 days, then a woman can only receive additional days before maternity leave by law.

A pregnant woman's right to leave

Article 260 determined that giving pregnant women time off before maternity leave is the obligation of any manager. According to this norm, a woman can interrupt work to restore strength and health in the following order:

• before leaving on the occasion of the birth of the baby;
• after that;
• in case of resumption of work when the baby has grown up.

Often, a woman in labor first uses the opportunity to recover, and only then interrupts her activities in connection with the birth of the baby.

When any person is accepted into an organization, certain guarantees are defined for him. This also includes the opportunity to take a vacation. However, such a break in activity does not occur randomly. Any company draws up a priority schedule according to which recovery periods are provided.

For pregnant women, such opportunities are due to a number of features and nuances.

First of all, this is the pre-emptive right to leave at any convenient time. That is, when drawing up a queue for those going on vacation, a woman in labor can take any gap.

Lists of vacationers are compiled at the beginning of each calendar year. All workers must be familiar with the signature order.

But you can’t always plan for your special position. In most cases this happens unexpectedly. This can happen even after the queue has been determined and approved by order of the manager.

But even in such a situation, the woman in labor has the right to leave at any time, taking a break, without coordinating her intention with anyone. It doesn’t matter at all how many years a person has worked and what position he holds.

 

The undoubted advantage of a woman in such situations is also due to the fact that the expectant mother is more vulnerable. Due to his position, it is difficult to fulfill functional obligations.

At the same time, she must take care of the baby so as not to compromise her health.

Therefore, the expectant mother should have the exceptional opportunity to interrupt work activities at any time in order to rest and recover.

If the employee worked more than one day before maternity leave, she has the right to leave in advance, which the employer is obliged to satisfy.

How many days does the vacation last?

How many days a woman can get before maternity leave is limited by strict time frames. The duration, as a rule, is equal to the total duration, since current standards do not separate the duration of the break for the woman in labor and other workers.

Article 115 of the Labor Code establishes the duration of the main rest. It is twenty-eight days. The calculation in this case is based on the actual number of days.

In some structures, the break may be noticeably longer, for example, in preschool education organizations, in budgetary authorities, etc.

You can temporarily stop your activities for a shorter period. This right is granted by Article 125 of the Labor Code of the Russian Federation . However, in this case, it will be necessary to reach mutual agreement with the manager.

If a person intends to use all the time that is allotted to him, he cannot be refused. This principle also applies to future mothers. Otherwise, there is a risk of going to court .

The total duration of the break consists of the main part, which is determined by general standards, and additional time, the calculation of which is determined by the internal rules of the organization. This addition is established based on the specifics of human activity.

The peculiarities of a woman in labor being on vacation are two points:

1. The rest of the expectant mother cannot be interrupted under any circumstances.
2. A woman does not have the opportunity to replace a break with monetary compensation. She should actually use it.

Rules for drawing up an application

The application is written in free written form. According to the established rules, the application of an employee going on leave before maternity leave should include:

• upper right corner of the sheet: indicates to whom the application is addressed (manager - full name, position);
• from whom: last name, initials of the employee, who she works for;
• name: “Application” (placed in the center of the sheet);
• the main part contains the actual appeal to the employer to provide the next paid leave on a legal basis (Article 260 of the Labor Code of the Russian Federation), duration in days and its period.

Article 260 of the Labor Code of the Russian Federation. Guarantees for women in connection with pregnancy and childbirth when establishing the priority for granting annual paid leave

Before or after maternity leave, a woman is given annual paid leave if she wishes, regardless of her length of service with a given employer.

• The date of writing is indicated below, the applicant signs and a transcript is entered;
• If it is necessary to adjust the form of accounting for time off of the enterprise, this point is further clarified in an appeal to the manager.

By means of a written request, the employee is obliged to notify the manager no later than fourteen days in advance. This period is not generally stipulated in the legislation, but Art.

123 of the Labor Code of the Russian Federation regulates that each employee must be notified of his vacation 2 weeks in advance.

When an employee takes a period of rest that is unplanned in the general schedule, it is clear that someone from the organization’s vacation will be shifted.

Management must recalculate employee time off and notify about this those employees whose vacation time will be moved in time. That is why it is necessary to notify the employer of going on vacation at least fourteen days in advance.

When is it more profitable to take a vacation - before or after maternity leave?

It is better for women who feel unwell, experience discomfort, or simply want to take a break from work and start preparing for childbirth to leave before maternity leave. To do this, you should clarify on what dates maternity leave is planned, and build on this when drawing up your application.

In financial terms, this is a less profitable option for using weekends, since instead of wages you will have to limit yourself to vacation pay. For those for whom pregnancy does not stop them from working at all, rest after maternity leave is suitable.

Then vacation pay will consist of the full amount of salary, and not on actual days, as in the previous case. Using this option is also beneficial for workers for whom December is the last maternity month, and receiving maternity days is possible no earlier than January.

It turns out that during the break between two vacations, you will not have to go to work.

You can use time off after the rest of the required vacations have ended, that is, those related to pregnancy and caring for the baby. In this case, the allocated funds are calculated on the basis of PP No. 922.

It clearly states how to take annual leave after the end of maternity leave, and what amount will be credited to the young mother.

Employers can rely on legal provisions that state that the first leave can be granted after the woman or other employee has worked for at least six months. This is stated in Article 122 of the Labor Code. But here we can safely say that pregnant women do not fall under these standards, but are an exception to the rule.

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Here you should pay attention to Article 260, which states that if a pregnant woman has worked for several weeks, then she has the right to receive paid leave. Otherwise, if the employer does not meet you, you should write appropriate statements to the labor authorities.

Thus, there can be no grounds for refusing to provide rest to a pregnant woman before going on maternity leave. The application must be considered and a positive decision must be made. But at the same time, the document must have a copy, which is certified by management. This is done to ensure the reliability of the decision made.

When a woman plans to take any kind of leave before going on maternity leave, she may encounter certain problems that will have to be resolved. If the circumstances relate to a vacation that has already taken place this year, then Article 260 should be indicated in the application, according to which no one has the right to refuse.

Legislative acts always have footnotes and additions that reveal this or that article in more detail. Here you can find possible benefits and favorable conditions that will be important to a pregnant woman. This is worth paying special attention to.

You need to make sure that the time is calculated correctly. Sometimes it happens that even a few days will pass by. This is neglected by managers who are trying to get you back to work faster. When time off includes weekends and holidays, its duration should be increased by the corresponding number of days.

Source: https://vselgoty.ru/mozhno-li-vzyat-otpusk-pered-dekretnym-otpuskom/

Leave before maternity leave according to the Labor Code of the Russian Federation

Last modified: January 2020

In the last stages of pregnancy, it becomes more and more difficult to work, and there is a desire to go on another vacation followed by maternity leave. Even if the employee has not worked the required number of months, it is possible to take leave before maternity leave, in advance, legally.

What does an expectant mother have the right to expect?

The start period of rest directly depends on the specific circumstances of leave during pregnancy before maternity leave. The duration of the first maternity period depends on how many days the pregnant woman is supposed to rest before giving birth:

1. Standard conditions, when the health of the woman and child are not in danger, require 140 days of sick leave: 70 days before the planned date of delivery and 70 days after.
2. In case of complications during pregnancy and childbirth, the period increases to 156 days.
3. When carrying 2 or more children, prenatal rest begins 84 days before and another 110 days are given for postpartum recovery (a total of 194 days).
4. If the area where the pregnant woman is located has been exposed to radiation, the time before giving birth on sick leave begins 90 days (160 days in total).

Sometimes circumstances force you to leave work even earlier. In this case, the maternity leaver is looking for an opportunity to use annual leave before maternity leave. Regardless of whether the time has been fully worked to provide annual paid rest, the employer must allow interruption of work.

Thus, in questions of whether it is possible to go on leave before maternity leave, one should proceed from labor legislation that protects the rights of a pregnant woman who is officially employed.

Additional rest before maternity leave

The administration of the enterprise does not encourage women to work during pregnancy, since during this period employees often use the right to sick leave, caring primarily about the health of the child and their own well-being.

However, there is no reason to doubt whether a pregnant woman can be denied leave on the eve of going on maternity leave if the relationship with the employer is formalized under an employment contract.

Expectant mothers can take leave even if there are no medical conditions.

To finally determine whether the right is retained, how many days can be taken before going on sick leave, and whether vacation pay is paid when going on maternity leave, you should refer to Article 260 of the Labor Code.

It indicates what the expectant mother is entitled to if she decides to stop working without waiting for sick leave under the BiR.

The law allows you to take full paid days off on the eve of maternity leave, and the employer is obliged to calculate the due payments for the vacation period.

Since the financial issue is of particular importance in the pre-maternity period, the employee must independently determine whether it is worth going on vacation on the eve of the birth. Since vacation pay is calculated according to standard rules, it is more profitable to take time off before sick leave before giving birth if your earnings were high.

If the company does not give vacation, this is a gross violation of the law. It is worth contacting the labor inspectorate to hold the employer accountable.

According to Art. 260 of the Labor Code of the Russian Federation, we are not talking about additional paid days that the expectant mother can demand at any time, but only about increasing the prenatal period of absence from work, i.e. rest is added to maternity leave, before it begins or after - when the child reaches 1.5 or 3 years, depending on the duration of absence from the workplace.

The expectant mother retains the right to unscheduled use of paid days during pregnancy, with the possibility of interrupting her vacation. After the annual rest, the employee goes to work and then returns home again, having taken maternity leave. Vacation periods cannot overlap. First, annual rest days are used, and then sick leave is opened according to the BiR, or vice versa. An employer cannot force a pregnant woman to leave early.

When registering, you should know what documents are needed; leave before maternity leave is issued only at the request of the woman herself, who independently decides whether to use the right now or take days off after returning to work. The reason for leaving work early should not influence the decision whether to provide paid days. This possibility is strictly fixed in the Labor Code of the Russian Federation in Art. 126.

Do they provide advance payment?

The question of whether a pregnant woman can take leave before maternity leave most often arises when a woman has just gotten a job and found out that she is expecting a baby. If for other employees to use paid days it is necessary to work for at least 6 months, then for pregnant women this restriction is lifted.

Pregnant women are entitled to regular leave for any length of service, both general and in the last place. Since it is impossible to accurately plan the onset of pregnancy, when registering in a new place there is always a risk of revealing your special situation. Vacation in advance before maternity leave is issued upon application, with the issuance of an internal order and payment of vacation money.

The duration of rest can be even longer if the employee has accumulated days off work. In this case, the employee has the right to use the right to additional paid days for the past and future periods, adding them to the pre-pregnancy leave.

If the right to annual leave has not yet arrived, the employer still provides it in advance, in full 28 calendar days. At discretion, the employer provides extra days if the employee is considered valuable to the company.

An important nuance that both parties to the employment relationship must take into account is related to the employee’s subsequent responsibilities after returning to work.

If a new employee’s vacation is provided in advance, then after maternity leave she must work the number of months required by law.

If you intend to quit immediately after the end of maternity leave, you must take into account that when using paid leave in advance before giving birth, the woman will have previously paid vacation pay deducted from her paycheck.

First of all, it is worth discussing with management your future plans for the future, whether you plan to continue working at the enterprise, and whether you intend to return to work before the sick leave period under the Labor and Employment Regulations.

The administration of the enterprise does not have the right to prohibit taking days off in advance during the period before maternity leave, however, it is necessary to resolve personnel issues with a replacement for the period of absence of a person, or with a temporary distribution of the responsibilities of the absent person to existing personnel.

• The employer is obliged to pay vacation pay, but you need to understand that if you intend to separate in the future, the employee will have to compensate for the costs of advance payment of vacation pay.
• To exercise a legal right, the employee will have to provide the employer with the following types of documents:

As a rule, it is more profitable to take the days before giving birth if the employee’s earnings are quite high, because the calculation is based on the average salary for the last period. However, even after maternity leave, adding 28 paid days to the time after childbirth, vacation pay will also be paid, based on information about income for the last months.

• A certificate confirming the presence of pregnancy, certified by the signature and seal of the head of the medical institution where the expectant mother is being observed (certificate from a consultation at the place of registration).
• Standard application form for the provision of days, indicating the start and end dates.
• Based on the received application and supporting certificate, the manager issues a visa and gives instructions for the preparation of an internal order.
• The personnel service issues an order and introduces it to the pregnant employee herself.

To avoid problems with the employer, you should not leave work without waiting for an order, since absence from the workplace without a good reason, if the manager has not agreed on a vacation for any reason, can lead to trouble. Having signed, you can safely leave your place of work and take care of the issues of preparing for childbirth.

What to do if the right was not used

You should know how many days of prenatal leave will last in order to plan a complete departure from work - after paid days, according to the law, immediately on sick leave for pregnancy and childbirth. According to labor law, for a pregnant woman this time is a full 28 calendar days, regardless of length of employment and length of employment.

Sometimes the expectant mother is in no hurry to use the right to rest. In this case, the required 28-day period is added at the end of the employee’s maternity time, unless days off were taken earlier.

If a woman expecting the birth of a baby has not taken leave before the maternity period, the parties to the labor relationship have the right to agree on a later date for going on sick leave. The general well-being of the woman and production needs are important. Later departure is agreed on an individual basis and does not affect payments due under labor law.

If, on the contrary, a woman plans to receive compensation for missed vacation, then she will be able to do this only if she subsequently quits on her own initiative.

When there is no reason to worry about health and there are no other reasons for concern, you can save your vacation for a future period, because it is difficult to predict in advance how the birth will go and what will be needed to organize care for the baby after birth.

The right to additional days will help in the future when it is necessary to extend the time the mother is with the child.

How to take leave before maternity leave? Who is entitled to vacation and how to calculate it

According to the norms of the Labor Code of the Russian Federation, any woman has the right to receive annual paid leave before going on maternity leave .

At the same time, an employee who is pregnant has the right to provide such rest, regardless of her length of service and the length of time worked for a given employer. However, this provision of the law is not always implemented in practice, and the reason for this, as a rule, is the employee’s legal ignorance

 ○ Until how long is maternity leave paid:

As I mentioned above, the Labor Code of Russia contains an unambiguous norm in interpretation: a woman before going on maternity leave can apply for annual paid leave . At the same time, length of service, namely the length of time worked for a given employer, does not matter at all.

Read also: How to change a child’s surname: without the consent of the father, upon receipt of a passport, to the mother’s surname

In other words, pregnant women are entitled to leave before maternity leave, regardless of whether the employer wants it or not, and also regardless of whether the lady has worked in the organization for more than 6 months.

It should be noted that the date of maternity leave will be considered the date of commencement of the sick leave for pregnancy and childbirth. Linking annual paid leave to the start of parental leave here would be incorrect.

 ○ What is vacation in advance

So, we have established that a pregnant woman has the right to apply for leave regardless of the time she worked. This means that before going on maternity leave, a maximum duration of leave can be granted - from 28 days in the general order, and up to 56 days if the employee’s position provides for an increased duration of annual paid leave.

It will also not matter if the employee has already taken his vacation for the current year. In this case, the woman has the right to demand so-called leave in advance - that is, annual leave, which will be counted in subsequent periods, after the end of the maternity leave.

When applying for vacation in advance, you should consider the following features:

• If you receive leave in advance and in full, then after leaving maternity leave you will be able to apply for annual paid leave only with the onset of the next working year.
• If you decide to end your employment with your employer after your parental leave ends, you may be deducted or charged compensation for previously paid vacation pay.

 ○ How many days of leave before maternity leave? How to calculate

There are several options for the length of leave that can be provided before going on maternity leave. It should be borne in mind that, at her own request and by mutual agreement with the employer, a woman can apply for any of the options.

1. Vacation in advance, of any duration. The maximum period of such full leave is 28 days, or more if the conditions and nature of work imply an extended leave.
2. Leave for time worked prior to the start of parental leave. I note that the period of sick leave for pregnancy and childbirth should also be counted as time worked.

In order to calculate the duration of annual leave for the time worked, it should be taken into account that for each month worked in a year, 2.33 calendar days of leave are due.

The accounting year begins from the date of commencement of the employment relationship, that is, from the date on which you started working. But this is only a general rule; a more detailed and accurate calculation of the duration of annual leave for the time worked can be requested from the personnel department of the organization.

 ○ Should I take leave before maternity leave? Advantages and disadvantages

When considering whether to take leave before maternity leave, I recommend considering the following.

Thus, labor legislation provides for the obligation to provide a woman with leave at her request either before going on maternity leave or after it ends. If you take your vacation in advance, you won’t have to apply for vacation after the end of your maternity leave.

• Situations are different, and many women prefer to leave part of their vacation “in reserve” in order to be able to secure themselves in case of kindergarten closure, child illness and other unforeseen situations.
• On the other hand, a vacation before maternity leave will allow you to spend more time in the fresh air, receive more pleasant emotions, and also with the advantage of vacation pay and vacation payments.
• Thus, you should decide on the need for leave before maternity leave independently, taking into account your state of health, well-being, and material benefits.

 ○ Step-by-step instructions: How to take leave before maternity leave

In order to apply for annual paid leave before going on maternity leave, I can recommend the following sequence of actions.

1. Decide for yourself what duration of vacation you want, taking into account the specifics of providing vacation in advance.
2. Try to agree with the head of the organization or immediate superior the duration of your vacation and its start date. Keep in mind that the manager also needs to redistribute the workload among employees and transfer your powers to another employee. If the manager protests against your decision to take leave, remind him of the contents of Article 260 of the Labor Code of the Russian Federation and mention your right to contact the State Labor Inspectorate in the event of the employer’s failure to comply with the guarantees of labor legislation.
3. Write a leave application in accordance with the rules in force in the organization. Let me remind you that it is advisable to write an application at least 14 days before the start date of your vacation.
4. Receive orders for vacation and vacation pay.

 ○ Approximate contents of an application for leave before maternity leave

The sample application for leave before maternity leave is not much different from the standard application for annual paid leave. The text of the application must contain:

• Name of the head of the organization.
• Information about the applicant, his position.
• Request for annual paid leave.
• Duration of vacation in calendar days.
• Request for financial assistance and other required payments.
• Link to Article 260 of the Labor Code of the Russian Federation.
• Date and signature of the applicant.

According to the standard procedure, the application must be endorsed by the head of the organization, on the basis of which the personnel department prepares a leave order, and the accounting department calculates the required payments.

 ○ Answers to frequently asked questions from visitors:

  ✔ Are pregnant women entitled to additional leave before maternity leave?

1. If your work duties and working conditions provide for the provision of additional leave along with the main one, lasting 28 days, then you have the right to use all days of additional leave before going on maternity leave.
2. Please keep in mind that replacing additional leave with monetary compensation for non-use is prohibited by labor law.

  ✔ How and when you can use your vacation time before maternity leave

There are 3 main options according to which you can dispose of unused vacation when going on maternity leave:

1. Use paid leave for the entire duration until maternity leave, that is, until the start of sick leave issued due to pregnancy and upcoming birth.
2. Use paid leave for the entire duration after the end of maternity leave, that is, leave to care for a child up to 1.5 or up to 3 years.
3. Use partially available unused vacation days before going on maternity leave and the remaining days after.

All 3 options have the right to be used by you, taking into account your wishes and situation.

 

  ✔ How long can paid leave before maternity leave be?

According to the meaning of Article 260 of the Labor Code, a woman before going on maternity leave has the right to leave of any duration, including the maximum, regardless of the amount of time worked and seniority in a given organization.

Please note that leave can also be provided in advance, i.e. taking into account that the time for which such leave is granted will be worked by you after the end of parental leave.

 

  ✔ When is compensation payable for pre-maternity leave?

• Replacement of leave before maternity leave with monetary compensation, according to the norms of the Labor Code, is not allowed for pregnant women.
• Compensation for unused vacation may be paid if you decide to quit after the end of parental leave.

  ✔ What to do if they don’t give you leave before maternity leave

If your employer refuses to grant you leave before the start of maternity leave, try to resolve the issue consensually - remind your boss of the contents of Article 260 of the Labor Code of the Russian Federation, namely about the mandatory provision of leave to pregnant women.

There is another option - either register a written application for leave with the secretary, or send it by mail with acknowledgment of delivery. In this case, they will not be able to provide assistance to you, unless, of course, they have any intention of violating the norms of the Labor Code of the Russian Federation.

1. If negotiations and other activities are not fruitful, keep in mind that you have the right to apply for protection of your rights to the State Labor Inspectorate - this structure will oblige the boss to provide you with leave, and will also hold him accountable for violating labor laws.
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3. Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Vacation before maternity leave

Every woman knows that after receiving maternity leave from a medical institution, she can go on maternity leave. But many people do not know about the right to annual paid leave before maternity leave and how much it is due in 2017, but this right is unconditional and can be exercised by a woman in advance and in full.

Maternity leave

Current labor legislation regulates the general duration of maternity leave, determining the total number of calendar days of possible leave before and after childbirth.

Maternity leave is calculated in total and is provided in full on the basis of an application for maternity leave and sick leave (Article 255 of the Labor Code of the Russian Federation). A pregnant employee must write to her employer an application to grant her such leave, and she can do this at any time, but not before receiving a certificate of incapacity for work.

It is not difficult to calculate maternity leave; its duration depends on the course of pregnancy and childbirth:

• will this be the so-called “normal course of a singleton pregnancy”, and then the pregnant employee is entitled to 140 calendar days (of which 70 calendar days before childbirth and 70 days after childbirth),
• or it is a “complicated pregnancy”, and then the period of maternity leave increases to 194 calendar days (84 calendar days before childbirth and 110 days after childbirth, respectively).

All pregnant employees should be explained their right to have their employer provide them with the next annual paid leave before maternity leave, or immediately after maternity leave, or at the end of maternity leave (Article 260 of the Labor Code of the Russian Federation).

The only condition for the exercise of this right is the desire of the woman, expressed in writing by submitting an application to the employer for leave before maternity leave, accompanied by a certificate from a medical institution about pregnancy or another document confirming this fact.

How much leave is required before maternity leave?

When calculating how much leave is due before maternity leave, it is necessary to proceed from the total duration of annual paid leave, which as a general rule is equal to 28 calendar days (the number of days may be greater in cases provided for by law, for example, teaching staff are entitled to 52 calendar days of annual leave).

This means that if a woman, before going on maternity leave in the current calendar year, did not use the right to annual leave, then the employer, based on her application, is obliged to provide her in advance with all 28 calendar days of leave before maternity leave or the number of days that remain with her. it for the current calendar year. It does not matter that maternity leave is provided outside the vacation schedule or that the woman has worked for less than six months for the employer.

Exception: the woman has already used her right to annual leave, and the new leave has not yet begun.

Also, under no circumstances can an employer recall a pregnant employee from maternity leave at any time, including even in the event of her subsequent dismissal and failure to complete the full year for which annual leave was granted in advance before maternity leave (Article 125 Labor Code of the Russian Federation).

Paid leave before maternity leave

There are no exceptions to paid leave before maternity leave. Such leave is subject to payment in full within the terms established by the Labor Code of the Russian Federation and the employment contract.