In this article we will consider how best and how to properly arrange a way out of maternity leave.
The law states that until the age of three, a young mother has the right to be on vacation. But not all women like this state of things. Some modern young mothers cannot live without their beloved work, or circumstances require returning to it. Therefore, premature exit from maternity leave is provided. So that in the process there are no difficulties or problems, it is best to first study all the features and the algorithm of action in order to properly execute all the documents.
How to prematurely leave maternity leave: important nuances and algorithm of action
It is worth noting that any woman who has been officially registered before or just decided to get a job has such an opportunity. But before leaving maternity leave ahead of time, it is worth weighing all the pros. It is also worth understanding all the nuances in order to choose the most favorable conditions for yourself.
- A woman who has recently given birth has the full right to start fulfilling labor obligations at any time. Moreover, according to Article 256 of the Labor Code of the Russian Federation the employer cannot refuse this.
- But to call before the end of these 3 years, he also has no right. Although the employer also has a significant final word on the premature exit from maternity leave.
- For this exit, the employee must present the administration with a written statement addressed to the head. True, the legislation did not provide for an exact date when it was necessary to warn management of their decision. But it is better to do this at least one week before the release.
- The fact is that on a maternity place a temporary employee works. And even from a purely human point of view, it is worth warning him so that he can find himself a new position.
- After the woman warned of her decision and wrote a statement, the employer prepares all the necessary documents, the employee gets acquainted with them and puts his signature under them.
- It is very important to carefully study the papers before signing, so that later there will not be any difficult situations related to working conditions and features of remuneration.
Important: If a woman firmly decided to go to work when the child is not yet three years old, leave to care for him should be arranged for a person who at this time is really engaged in raising a child (husband, grandmother, grandfather).
- While the vacation will take effect, the registered person is fully responsible to the state for the life, health and well-being of the baby.
Maternity leave conditions
- A woman can leave a childcare leave (UzR) only after the end of the maternity leave, which is 140-210 days. You cannot leave BiR earlier, unless by agreement of both parties (employer and employee).
Important: If a woman leaves BiR and the leader gives her good, then you need recalculate the benefit paid, which is proportional to the number of unused days. After all, payments were made for the entire period as a whole. Therefore, the amount received must be returned to the FSS. But this amount cannot be "withheld" from the salary, according to Article 137 of the Labor Code of the Russian Federation.
- But anyway - a woman can leave a decree only on a voluntary basis, at will or at the request of the organization’s management (again, only voluntarily). No one can force a woman to go to work ahead of schedule from maternity leave in spite of her wishes.
- By the way UzP can be used partially or even several times. That is, a woman, if desired, can go to work and return again on vacation. After all, it is possible that some working conditions required this, and the woman was not ready to leave maternity leave.
- With early exit to work, a woman can begin to perform her full-time duties, take half the rate or work remotely at home (if her position allows this option).
- If an employee goes to work on remote conditions or decides to reduce the number of working hours, art. 72 of the Labor Code of the Russian Federation, so that there is a change in pre-existing working conditions.
- It is also worthwhile to understand that with remote employment or with part-time work (or weeks) the employee continues to receive the allowance that is accrued every month for child care, and that actual salary for the time worked.
- When entering full time - state aid ceases. Therefore, it is worth calculating these payments and your salary in order to bring benefits to the family budget.
Important: Also, if you are going out of the decree to a new job, then you should warn the relevant authorities for the payment of benefits to stop them. Otherwise, it will be necessary to return this amount, which was accrued to the exit to work field.
- If a young mother starts work ahead of schedule, the manager has no right:
- send her on long business trips;
- add the number of working hours;
- forced to go to work on holidays and weekends;
- fire or cut.
- All these items are valid until the end of maternity leave. After three years, they are not valid.
Unfortunately, the issue of early withdrawal from maternity leave is adequately regulated by domestic law. As a result, the emergence of various contentious issues and even conflicts between the management and the employee is minimized.To avoid conflicts, make important points immediately
Maternity leave early registration algorithm
If a woman decided to prematurely end her statutory maternity leave, she will undergo the following procedures:
- inform the administration 7-10 business days before the planned exit to work about their intentions;
- submit a written application to the head of the organization (a sample can be obtained from the secretary or fill out the proposed form);
- sign documents that indicate a rejection of legal maternity payments.
In turn, the management response should be:
- consent to cancel parental leave;
- an official written order with the date of entry to work;
- preparation of additional documents (in case of changing working conditions, reducing working hours or switching to remote employment).
Important: Regarding the application - the labor legislation does not specify a special form for writing it, which means that you can create it yourself in free form. But, in order not to make unnecessary mistakes, it is better to rely on the finished sample.
The desire to go to work ahead of time can lead to some shock management. It is best to warn them of their plans some time before the release. This will help maintain good relations with the director and the team, and avoid unnecessary conflicts that often arise in such situations.