Instructions: filling out an order for maternity leave

“Maternity leave” or “maternity leave” officially consists of maternity leave and parental leave. Each type of leave has its own design and features of payment of benefits. How to correctly draw up an application for the provision of these vacations and payments, what to pay attention to when submitting it, what documents to attach in order to receive payments and go on the required vacation with a light soul and a heavy pocket? Let's start as always - with the files:

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Maternity leave is voluntary

Going on vacation, or formally on sick leave, 2.5 months before giving birth is the right, not the obligation, of a pregnant employee. The employer cannot force her to go on vacation if she does not want it, even despite her interesting position. The situation is exactly the same with maternity leave - a woman cannot be forced to take it or, conversely, insist on going to work early.

The voluntariness of these social guarantees for women requires confirmation in the form of a documentary statement. To begin the procedure for registering maternity leave and accruing the required payments, the employer needs a basis - a statement from the employee.

Is it possible to fire a pregnant employee?

Articles of the Labor Code that relate to the work of pregnant employees are structured in such a way as to protect their rights before the company administration in any controversial situation. Almost all of the described cases of dismissal prohibit termination of a pregnant woman’s employment contract at the company’s initiative.

In addition, a woman cannot be denied registration if she is pregnant at that moment. All these rules apply not only to standard contracts, but also to fixed-term employment contracts.

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Even if the period or event upon which the contract automatically terminates has occurred, its actual termination will occur only after the completion of the employee’s maternity leave.

If the term of the contract expires before the employee goes on maternity leave, then it is terminated in the usual manner.

If a pregnant woman starts working and has been given a probationary period under her employment contract, she will also be subject to a ban on dismissal. This means that, regardless of the results of its completion, the agreement with the employee cannot be terminated for reasons of violations of labor discipline, failure to fulfill duties, and other reasons.

But if the employee writes a statement herself, asking for dismissal of her own free will, then it can be done. In such a situation, termination of the agreement is carried out in the usual manner.

Attention! You cannot be dismissed due to a reduction in position if the employee who occupies it is currently on maternity leave. However, there is one trick in the timing of such dismissal.

Due to the fact that the organization is obliged to notify the employee 2 months before the date of dismissal, the warning day can be selected so that the notice period ends on the first official day of work after leaving the vacation. The law allows for dismissal on this day, or for the employee to be transferred to another vacant position.

But if the organization falls under liquidation, then absolutely all employees are dismissed, regardless of their status and position.

The employee will still receive benefits, but the Social Insurance body will pay it directly to her. But in this case, it will be smaller in size, since the payment will be determined not by the average salary, but based on the current minimum wage.

What if you don’t write a statement?

The consequences of neglecting the documentary side for a woman will be rather financial. After all, without an official basis, the employer will not be able to start the vacation process and assign benefits. Moreover, without registration of maternity leave (sick leave), the employee will continue to be paid wages, and this excludes the possibility of accruing other payments.

If a pregnant woman has not written a statement and is absent from work, according to the law she cannot be fired for absenteeism: a medically confirmed pregnancy is automatically considered a valid reason for absence from work.

However, it is recommended not to tempt fate by quarreling with the employer and creating unnecessary problems for him, because it is not difficult to write a corresponding application.

Statement standard

The form of application acts is not regulated by regulatory documents. A request for maternity leave is the same application as any other, so it is written according to the scheme that is accepted in the organization where the woman works.

The structure of the application is standard:

• the upper right corner of the sheet (the so-called “header”) - indication of the addressee of the application: position, full name of the manager in the dative case and name of the organization;
• continuation of the “header” - information about the author: position and full name of the applicant;
• the title of the document, in this case, “statement”, is not enclosed in quotation marks, but is located in the middle;
• main text: can be arbitrary, the main thing is that it contains key positions - a request for leave, its terms, a request for benefits;
• attachments: you need to list the documents that the employee provides along with the application (this is sick leave and, if available, a certificate from the antenatal clinic about registration before 12 weeks);
• filing date – placed in the lower right corner;
• The applicant's signature must be handwritten.

Design rules

The application is drawn up in any form accepted in a particular organization.

It includes the following information:

• position, full name manager;
• position, full name the applicants;
• document's name;
• a text requesting maternity leave for a certain period, as well as information on the assignment of compensation;
• list of attached documents (sick leave, certificate of pregnancy, early registration);
• date, signature.

Structure and content:

1. In the upper right corner the position, name of the organization, full name are indicated. the manager to whom the application is sent.
2. Just below it is written who the application is from: Full name. employees, position, department.
3. Below is the name of the document – ​​Application.
4. Next, from the red line, the message, for example, is “Please grant me maternity leave from ... (date of opening of the sick leave) to ... (date of expiration of the sick leave).”
5. Under the text of the request, you must indicate the basis for granting leave - a certificate of incapacity for work, with the number and date of registration.
6. The last line is the date, month, year and signature of the employee.

The sick leave certificate must be attached in its original form; if necessary, copies must be made for personal needs (how to issue a certificate of incapacity for work?).

Important! A woman has the right to receive a one-time additional benefit for registering before 12 weeks of pregnancy.

Nuances of content and design

Despite the fact that this document is very simple, it is better to comply with the requirements established by the company and not forget about some important points related to the features of the application requirements.

1. Do not write “maternity leave” or “maternity leave” in the text of the application: despite the fact that this definition has taken root, it is colloquial and is not mentioned in the legislation. Use the correct name for the type of leave: “maternity leave”, “child care leave”.
2. The duration of the leave must correspond to that indicated in the attached sick leave certificate, and its details (series and number) must also be written in the text of the application.
3. It is recommended to immediately add a request for the assignment of payments due by law to the vacation application. If this is not done, benefits will have to be submitted in a separate application with an additional package of necessary documents.
4. The document can be handwritten, printed on a computer, or a completed form; it is important that the applicant’s signature is handwritten.

Do I need to ask for maternity leave?

When an employee is given sick leave, he only warns management that he is sick, but does not write any papers. Having an open certificate of incapacity for work is already grounds for being absent from work and receiving compensation for it. Why is the situation with sick leave for an expectant mother different, and is it necessary to write an application for maternity leave in 2022? Pregnancy is not a disease, and resting on the eve of childbirth is not an obligation, but a right. Therefore, an appeal written on the basis of a sick leave certificate is a document that confirms the employee’s intention to be absent. It also allows her to receive compensation during the period when she is not working. Of course, the employer will not fire an employee if he knows that she is expecting a child (this is prohibited by the Labor Code of the Russian Federation), but the company will not be able to pay benefits without providing papers. This conclusion is confirmed by the provisions of Federal Law dated December 29, 2006 No. 255-FZ and Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

IMPORTANT!

It is possible that your employees do not know whether they need to write an application for maternity leave for pregnancy and childbirth in 2022, when to do this, and what additional documents to submit. Explain to them, offer a sample appeal, remind them of the possibility of changing years when calculating benefits. This will eliminate disagreements and legal disputes with new mothers.

Read more: Application for changing years for calculating sick leave

What and why needs to be attached to the application

application for leave for pregnancy and upcoming childbirth must be accompanied by a medical document confirming the right to temporary disability. Sick leave is issued at the antenatal clinic. You will need the original, so for other needs it is advisable to make a copy for yourself in advance.

At the request of the employee, you can provide the employer with another document - a certificate from the housing complex about registration (confirmation of the fact of pregnancy).

If a woman has documented pregnancy before 12 weeks, she is entitled to additional benefits, which she also has the right to ask for in her application.

Additionally, without specifying in the application, you must provide a copy of your passport and account or card number for crediting benefits.

to the application for leave and child care benefits ; for verification, you must have the original with you when submitting. You will also need a certificate from the second parent’s work stating that such benefits are not awarded to him. The remaining documents duplicate the first statement.

Rules for registration of maternity leave

As can be seen from the example above, in order to provide such rest time, you will need a sick leave - a certificate of incapacity for work, which is issued to all pregnant women at the antenatal clinic where they are registered. And maternity leave is provided exclusively to women in an employment relationship.

The Labor Code of the Russian Federation provides for the duration of leave:

140 days – during pregnancy with one baby: 70 days before the expected date of birth and 70 days after;

194 days – for multiple pregnancies: 84 days before birth and 110 after;

156 days – if the birth was complicated: 70 days before birth and 86 after. In this case, additional days of rest are issued after childbirth using a special certificate of incapacity for work, and the employee draws up an application for an extension of leave on this basis.

Neither premature birth nor its delay are grounds for revising the leave period. Sick leave is issued in advance at the antenatal clinic and, together with an application for maternity leave, is presented to the employer. If a woman works part-time, at her request, the consultation must issue the required number of certificates of incapacity for work.

It is the employee’s right to take leave. She may not use it, continuing to go to work and receive wages. And submit your application later.

All necessary statements

We will list all the statements that will need to be written to an employee in connection with her motherhood.

1. Application for maternity leave and payment of required benefits.
2. Application for parental leave and assignment of benefits.

Possible additional documents

1. Separate applications for the assignment of benefits, if the document requesting leave did not indicate payment requirements.
2. Application for re-offset of accounting years.
   If an employee, while on maternity leave, goes on the next one, it means that she did not work for the previous 2 years necessary for calculating benefits. It also happens that the period between two decrees is less than two years. In this case, the law allows replacing the calculation years with those preceding the first decree, when the woman had a full income. Without such a statement, the calculation method based on actual income, that is, the minimum, will be applied. The right to replace periods can be used even if during one or two years preceding the second maternity leave the woman was on the first maternity leave for at least a day.

What is the deadline to submit an application?

The timing of maternity leave is determined by the doctor. As a general rule, the duration of maternity leave is:

• 156 days in case of complicated childbirth;
• 160 days for residents of contaminated areas (determined by separate regulations);
• 194 days if the pregnancy is multiple and several children were born;
• 140 days in other cases.

Once a woman has decided to stop working and has received sick leave, she has the right to apply for maternity leave to her employer. The sick leave certificate indicates the start and end dates of the period of incapacity for work. Even if an employee goes on sick leave later than the date specified by the doctor, the total duration of rest does not increase.

ConsultantPlus experts discussed how to apply for maternity leave. Use these instructions for free.