In this article, we will consider how best and how to correctly arrange a way out of maternity leave.
Content
The law says that until the age of three, the 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 favorite work, or circumstances require it to return to it. Therefore, premature exit from maternity leave is provided. So that no difficulties or problems arise in the process, it is best to first study all the features and algorithm of action in order to correctly draw up all the documents.
How to get out of maternity leave: important nuances and an algorithm of action
It is worth noting that any woman who was officially designed before, or just decided to get a job has such an opportunity. But before leaving the maternity leave before, it is worth weighing all the pros. It is also worthwhile to figure out all the nuances to choose the most favorable conditions for yourself.
- The recently given woman has every 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, it also has no right. Although, according to the premature exit from a birth, the employer also has a significant final word.
- For this exit, the employee must to present the administration a written statement addressed to the head. True, the legislation did not provide for the exact date when it is necessary to warn the leadership of their decision. But it is better to do this at least one week before the exit.
- The fact is that a temporary hired employee works in a maternity place. And even from a purely human point of view, it is worth warning him so that he can find a new position for himself.
- After the woman warned of her decision and wrote the relevant statement, the employer prepares all the necessary documents, the employee meets them and puts his signature under them.
- It is very important to carefully study the papers before signing, so that later there are no difficult situations related to working conditions and the features of wages.
Important: if a woman firmly decided to go to work, when the child has not yet reached three years, leave to care for him should be issued for a person who at that time really engaged in raising a child (husband, grandparents).
- While the vacation is valid, a person’s executed person is fully responsible to the state for the life, health and well -being of the baby.
Conditions of early exit from maternity leave
- A woman can get out of the leave for the care of the child (Uzr) only after the end of the maternity leave, which is 140-210 days. It is impossible to get out of the bead earlier, except by agreement of both parties (employer and employee).
Important: if a woman leaves the bead and the leader gives her good, then it is necessary recalculate the benefits 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 “kept” from the salary, according to Article 137 of the Labor Code of the Russian Federation.
- But anyway - a woman can leave the decree only on a voluntary basis, of their own free will or at the request of the management of the organization (again, only voluntarily). No one can force a woman to go to work ahead of schedule from maternity leave contrary to her desire.
- By the way, Uzr can be used partially and 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 demanded this, and the woman was not ready to leave maternity leave.
- With an early access to work, a woman can begin to fulfill her labor duties for a full -time job, take half the bet or work remotely at home (if this option allows you to).
- If an employee goes to work on remote conditions or decides to reduce the number of working hours, all the documents must be attached to Art. 72 of the Labor Code of the Russian Federation, so that there is a change in the previously existing working conditions.
- It is also worthwhile to understand that with remote employment or with an incomplete working day (or week) the employee continues to receive benefits, which is charged every month to care for the child, and that factual salary for the time worked.
- Upon reaching full rate - state assistance is terminated. Therefore, it is worth calculating these payments and your salary in order to benefit the family budget.
Important: also keep in mind if you leave the decree for a new job, then it is worth warning the relevant authorities to pay the benefits in order to stop them. Otherwise, it will be necessary to return this amount, which was awarded the field of reaching work.
- If a young mother gets to work ahead of schedule, the leader has no right:
- send it on long -term working trips;
- add the number of working hours;
- force to go to work on holidays and weekends;
- dismiss or reduce.
- All these points act until the end of maternity leave. After three years, they are not valid.
Unfortunately, the issue of early exit from maternity leave is resolved sufficiently by domestic legislation. As a result, the emergence of various controversial moments and even conflicts between the leadership and the employee was minimized.
An algorithm for the design of early exit from maternity leave
If a woman decided to finish her maternity leave prematurely, she has to go through such procedures:
- inform the administration 7-10 working days before the planned access to work about their intentions;
- submit a written application to the head of the organization (a sample can be obtained in the secretary or fill out the proposed form);
- sign documents that they say about the refusal of legal maternity payments.
In turn, the leadership reaction should be:
- consent to the abolition of parental leave;
- official written order with the date of reaching work;
- preparation of additional documents (in case of changing working conditions, reduce working hours or transition to remote employment).
Important: regarding the statement - a special form of writing is not indicated in labor legislation, which means that you can create in their free form yourself. 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 schedule can bring a guide into a certain shock. It is best to warn them about their plans some time before the exit. This will help maintain good relations with the director and the team, to avoid unnecessary conflicts, which often arise in such situations.
Video: How and when to get out of maternity leave ahead of time?
