How long does parental leave last in 2022 according to the Labor Code of the Russian Federation?
Parental leave is provided for by Russian Federation regulations after the birth of each child or several children at once.
The duration of leave, according to the Labor Code of the Russian Federation, is provided until the child reaches 3 years of age. Due to the fact that monthly benefits are issued only up to 1.5 years, some women have the assumption that leave up to 1.5 years and from 1.5 to 3 years are types of leave that must be issued separately, while the second leave can be taken out after the first. However, in fact, leave for the maintenance of young children is only one, lasting until the child reaches 3 years of age. At the same time, it can be completed on the initiative of the employee, either at 1.5 years old or at any time before the baby turns 3 years old. Therefore, the employee can write a request for leave for the entire period of maintenance of the heir up to 3 years once.
Unlike the first part of the leave to support the child, the period from 1.5 to 3 years of age, at the request of the vacationer, can last the entire year and a half. The vacationer is required to return to the company at her previous position the day after she celebrated her child’s third birthday.
After the child reaches one and a half years of age, the mother's allowance is no longer paid, but if the leave continues, the law provides for symbolic compensation from the institution in the amount of 50 rubles, which, by the way, they intend to cancel. Therefore, at this stage of raising a baby, mothers try not to be on vacation, but to start work ahead of schedule.
However, this does not always work out due to the impossibility of enrolling a baby in kindergarten due to queues. True, some parents can hire a nanny or give their grandson or granddaughter to grandparents.
Amount of benefit and its payment
An important factor for a woman to be on official maternity leave is the payment of benefits. During the period of caring for a newborn and infant child until he is one and a half years old, the employee is guaranteed a benefit in the amount of 40% of the average monthly earnings calculated for the 2 years preceding the year of maternity leave.
An employee, while caring for a baby, can go to work part-time or work from home. In this case, the payment of benefits remains. But all this applies only to the period before the child reaches 1.5 years.
As for extending the rest period to 3 years, the state can help not with benefits, but with presidential, or “Putin”, payments for the child - from January 1, 2022, they are paid until the child turns 3 years old.
A new law, adopted by the State Duma at the instigation of the Russian President, regulates the procedure for paying monthly state benefits for each child born until he turns 3 years old. Changes were made to Federal Law No. 418-FZ. The payment amount is equal to the subsistence minimum per child in the region.
However, not everything is so simple; there are some conditions for receiving a new child benefit:
- Benefits up to 3 years of age will be paid only for the first and second children. In addition, families in which a child was born no earlier than January 1, 2022 will receive payments.
- The new allowance will be provided to families where one family member accounts for less than two times the subsistence minimum for those of working age.
- Only a woman who has given birth or adopted a child can apply for benefits. In the event of her death or deprivation of parental rights, the father or guardian can apply for payment for up to 3 years.
- Both parent and child must be citizens of the Russian Federation and permanently reside in Russia.
- The benefit will be accrued from January 1, 2022.
- Non-use of maternity capital. It is quite likely that after the birth of the child you invested it in a mortgage. But funds for benefits up to 3 years for a second child are taken from your maternity capital, which means you cannot count on these payments.
Submission deadlines
Applications for parental leave must be submitted at least 14 days in advance. Therefore, if an employee, being on leave until the newborn is one and a half years old, wants to continue it until the baby is 3 years old, then she must notify the employer of her intention 2 weeks in advance.
Note. Leave to care for a child, except the mother, can be requested by any family member (father, grandparents, etc.). They have this right from the date of birth of the baby. Therefore, a fourteen-day warning period about being sent on vacation is also provided for these categories of persons.
Date of return to work
The Labor Code of the Russian Federation determines that leave to care for a child ends on the date when he turns 3 years old. On the next day, after the child turns 3 years old, the mother must appear at the enterprise, otherwise she will be expelled for absenteeism.
At the same time, regulations do not prohibit premature start of work. The employee has the right to do this at any time of her own free will.
Errors when filling out an application
Filling out an application for leave to care for a baby must be done without errors and avoid cross-outs, so when filling it out you will need to focus on:
- Compliance with spelling, without making mistakes or crossing out.
- Correctly reflecting the date and, therefore, the start and end dates of the work break.
- Register notice 2 weeks before the planned date of purchase of vacation.
Who can apply?
In most cases, at the birth of a child, an application for leave to care for him is submitted by the mother of the baby.
Today, many people have the right to request leave to support a small child. So, for example, such a petition can be submitted by the father of the baby, also by a person who is not related to the mother of the newborn. Guardians, grandparents or other relatives may also request such leave. To do this, along with a request for leave to care for a baby, the applicant must provide a package of documents provided for in clause 54 of Order No. 1012n of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009.
How to apply for benefits?
Registration procedure:
- You must submit an application and documents at your place of work. If a woman is registered as an individual entrepreneur or unemployed, then she needs to submit papers to the social protection authorities.
- The documents are reviewed by the employer within 10 working days, after which benefits are assigned.
- If payments were made through the employer, they will be credited to the card on the day the salary is issued. When registering compensation with the social security authorities, funds can be transferred to any account specified in the application or issued in cash via mail at the request of the applicant.
After the birth of a child, you can apply for compensation from the employer and maternity benefits with one application at once.
How to write an application to extend parental leave
The legislation provides for the duration of leave to raise a child for 3 years. In practice, this is implemented in two ways:
- The employee submits a request for leave of up to 1.5 years with the payment of a monthly benefit . After this time, the employee submits a request to extend the leave, and the manager issues a corresponding order. Thus, the employee has to apply for leave twice, and the manager has to issue the order twice.
- Second option . The employee immediately writes a request for leave for 3 years. The petition adds a clause for the payment of a monthly allowance until the child is 1.5 years old. Based on the request, the manager issues a leave order lasting 3 years.
The second way to book a vacation is more correct. At the same time, there is no need to contact management twice about vacations, and the preparation of unnecessary papers is eliminated, which reduces document flow.
Legal regulation
The right to receive leave to care for a born or adopted child can be used by any family member who will directly care for him (Article 256 of the Labor Code and Article 14 of Law No. 81-FZ). It should be borne in mind that this is a right, not an obligation of the employee. Therefore, leave is granted solely at will and in writing.
The maximum period of child leave is limited by the age of the child - until he reaches three years of age (parts 1 and 2 of Article 256 of the Labor Code). The person caring for the baby will receive benefits all this time, but in different amounts. Moreover, up to the age limit of 1.5 years, depending on the salary that the boyfriend received before the start of the vacation, and after 1.5 years - 50 rubles + regional coefficient per month.
An application is written immediately after the expiration of the sick leave certificate issued in connection with pregnancy and childbirth. The mother or another relative can indicate in it the age at which the child is taken on maternity leave:
- up to one and a half years old;
- up to three years old.
In the first case, at the age of 1.5 years, if you need to extend your vacation, you will have to approach the employer and write a new application. If the provision of up to three years was immediately indicated, then nothing else is written. The exception is the desire of the boyfriend to go to work earlier than this date. Early exit is possible only upon written application.
How to fill out an application for child care under 3 years old?
You can book a vacation using 2 options:
- The first is that after maternity leave, the employee sends a request for leave for 3 years, indicating the payment of benefits. Thus, she does not need to appear at work after the end of leave to support a baby of up to 1.5 years.
- The second - the request is submitted the next day after the end of leave to care for a newborn up to 1.5 years of age. She must remember this date, otherwise, if she does not show up for work, she may be counted absenteeism.
While on such leave, the employee has the right to terminate it at any time and begin work. Returning to work may be temporary and the employee, if necessary, may leave work again to care for the baby. This can continue until the child is 3 years old.
The gradual registration of vacation (initially up to 1.5 years) is not a violation of the Labor Code of the Russian Federation. However, there may be a number of inconveniences for both parties that are associated with the preparation of additional documents:
- The employee will need to come to the company to submit a request to extend the leave.
- The manager will need to endorse the request, issue an order, and make additional entries in the employee’s personal card.
Thus, extending the vacation after the baby reaches one and a half years old is possible. The management does not have the right to refuse this to the employee. However, to do this you will need to perform the following procedures:
- Submit to your boss a request for leave to support a child from 1.5 to 3 years old. In your request, it is advisable to express a request for compensation in the amount of 50 rubles.
- The personnel officer should prepare a new order (from 1.5 to 3 years).
- The boss must sign the order.
- The employee must sign it.
- The HR specialist will make the appropriate entry in the employee’s personal card.
- The employee responsible for recording staff attendance at work should regularly note whether the person is on vacation.
Is it possible to work if you have a baby under 3 years old, while maintaining your monthly benefit?
State support will be paid even if the woman started working ahead of time and works a part-time shift.
If a worker is employed at several enterprises, then sick leave is paid at all institutions, but assistance for a baby is only at one place of work.
You can work on maternity leave while maintaining benefits in the following cases:
- When not working full time.
- For home-based work with the permission of the administration.
- When working part-time in another enterprise.
- When working part-time under a civil agreement.
Is maternity leave included in the length of service?
The Labor Code of the Russian Federation regulates the following labor guarantees for working persons on leave to nurture “crumbs”:
- Maintaining a job and transferring monthly assistance until the baby turns 3 years old.
- Maintaining continuous experience throughout the 3-year leave to care for the baby.
How to write a child care application?
Considering that there is no unified template for making a request for parental leave, you need to take a blank piece of paper (A4 size) in which to display the required data.
If the employee does not know how to write such a document, then she can contact the company’s human resources department for help, or find a sample of such a form on the Internet (by the way, at the bottom of the article there are sample statements and such a statement is possible). First, in the upper right part of the sheet, fill in the data of the boss to whose name the request is being submitted, displaying the position, company name and full name. boss
Please fill in the details of the applicant below (position, department, full name).
Then, stepping back a little lower, fill in the name of the “Application” form in the middle of the line.
The text of the petition usually begins with the phrase (“Please allow me leave to care for a newborn baby”), displaying the full name. the baby, the date of his appearance, the period he was on vacation (start date and end date). It also shows that leave is allocated until the child turns 3 years old.
In the next paragraph, you need to display a request for the accrual of the required monthly payments until the child reaches 1.5 years of age. If this item is not displayed, you will have to submit another request for payment of funds.
In addition, you can indicate how the employee receives money (in cash at the company’s cash desk or by transfer to a salary card). If necessary, attach bank details and card number.
After filling out the text part of the form, you must write down the word “Appendix” and in this section list the list of documents that are attached to the request.
The list of attached materials is listed item by item, indicating the number of sheets in each document.
Filling out the form is completed by displaying the date of compilation and the personal signature of the applicant.
Payments
specified in the application are paid every month . Documents confirming the right to them are:
- birth certificate;
- birth certificates of older children, if the mother is still on leave to care for a previously born child at the time of writing the application, or if the benefit paid is the least possible;
- court decision on adoption;
- a certificate - presented by the part-time worker - stating that in another organization where he is employed, he is not accrued a similar benefit.
So, who pays for parental leave and how?
Two types of payments: | |
Compensation for parental leave | Child care allowance |
The source of accrual is the employer’s salary fund. The accrual period is every month until the employee returns from vacation. The value is 50 rubles . If a person who has taken leave works part-time, he can demand compensation from all organizations where he works. But payments stop from the month following the one in which: • the person receiving it left work of his own free will; • or dismissed because the organization was liquidated and unemployment benefits are accrued to him; • or deprived of parental rights - with the transfer of the baby to full state support. | The source of accrual is the employer’s salary fund with subsequent compensation of this amount from the Social Insurance Fund (SIF) thanks to the mutual settlement of transfers. The accrual period is every month until the employee’s child turns 1.5 years old. The start of benefit accrual will be 10 calendar days from the date of receipt of the application, and the payment day will be the date on which salaries are paid to all other employees of the organization. The benefit amount is determined as follows: • average earnings for the previous 2 full calendar years are taken; • divided by the number of calendar days for the above-mentioned time (this does not include periods of release from work and temporary disability, parental leave and labor and employment); • multiplied by 30.4; • multiplied by 40%. Every woman needs to know how maternity leave is calculated in order to prevent fraud on the part of the employer. In terms of its value, average earnings cannot exceed the maximum and be below the minimum, which are established by the Social Insurance Fund . Their size changes every year. Currently these values are: • maximum: 23089.04 rub. – for those who retained their jobs and 12,262.74 rubles. – for those who lost it during the holidays; • minimum: 3065.69 rub. – for the first child and 6131.37 rubles. - for the next child. The amount of the benefit is directly proportional to the salary of its recipient . Moreover, it can be accrued even to an unemployed person. The source of its accrual is the federal budget. They go to the Population Protection Department (USPP) for it, and its value is minimal. If you have to give benefits to two or more children at once, they are summed up. However, the resulting total should not be higher than the full average monthly earnings paid over the past 2 years. |
In fact, mothers who have taken leave on labor and labor leave are in the most advantageous position - the benefit paid under it is equal to 100% of the average earnings for each day on maternity leave.
Here you can read in detail about the B&R benefit.
However, the State Duma is now considering Bill No. 22852-7 , proposing:
- extend the period of payment of child care benefits until the child reaches the age of 3 years;
- increase the smallest benefit for one child to the minimum wage - 7,500 rubles, and for two or more children - to two minimum wages - 15,000 rubles.
The accountant of the company where the woman is employed is responsible for calculating leave for accounting and accounting purposes. However, the expectant mother can calculate the approximate amount using one of the many calculators on the Internet.
Sample applications for extension of maternity leave to care for a child
Application form for extension of maternity leave to care for a child
How to draw up and submit an application: step-by-step instructions
According to Art. 256 of the Labor Code of the Russian Federation, the following may apply for parental leave:
- father or mother;
- grandma or grandpa;
- official guardian or any other relative caring for the newborn.
Requirements and nuances of writing
The law of the Russian Federation does not establish a specific form and type of application for parental leave. It can be written freely by hand or in printed form, but there are a number of requirements for what must be included in the application.
You can see approximately what the application should look like and download the appropriate form on many websites on the Internet.
If the region operates a system of direct benefit payments, when money is paid into the account not by the employer, but directly by the Social Insurance Fund, a special application form is needed to receive benefits. It can be obtained from the website of the territorial administration of the FSS. You need a template for the Application for payment (recalculation) of benefits (vacation pay). The employer must himself issue an application to fill out when applying for leave and benefits.
Military personnel and law enforcement officers do not submit applications, but reports for parental leave. The content will not be different.
In internal affairs bodies, parental leave is granted to mothers as a general rule. A father or other relative can take leave only if the mother cannot take care of the children: she has died, is seriously ill, or has been deprived of parental rights (Part 8 of Article 56 of Federal Law No. 342-FZ of November 30, 2011).
What to write?
Contents of the document:
- The header in the upper right corner - to whom and from whom. To whom - full name of the head and legal name of the organization. From whom - the applicant's full name and position.
- The word “Application” should be located in the center of the sheet.
- The essence of the application should be described below in detail and clearly - a request to provide parental leave from a certain date until the child reaches three years of age. Be sure to indicate the child's full name and date of birth.
- In order to avoid writing an additional statement, indicate a request for payments (compensation from the employer and benefits).
- Provide a list of documents that are attached to the application.
- Date of writing, signature of the applicant and its transcript.
If the application does not indicate a request for payments, they will not be made . To save time, it is better to indicate this in one application requesting leave.
The start date of the vacation is determined based on a doctor’s certificate.
If direct payments are available in the region, you need to take an application form from your employer and fill it out. The form was approved by order of the Federal Social Insurance Fund of the Russian Federation dated November 24, 2017 N 578. In it you need to indicate information about yourself, the type of benefit - monthly child care allowance, where to transfer the benefit - to a bank account, by postal transfer, to another organization.
There is a place in the application where you need to indicate bank details for the transfer. You must also include your birth certificate information in your application.
Required documents
When applying for a vacation of this kind, you need to collect a minimum package of documents:
- statement;
- child's birth certificate;
- a certificate from the second parent’s place of work stating that he does not leave his workplace in order to care for the child.
When applying for leave by any relative other than parents, certificates stating that they are not going on such leave, but continue to work, will be needed from both the mother and the father.
How is an order drawn up?
Based on the package of documents collected by the applicant, an order is issued to grant the employee parental leave. A copy of the document is handed over to the vacationer himself.
Required documents to receive child care benefits
An application for parental leave must be accompanied by the following materials confirming the joyful event:
- A copy of the birth certificate or certificate of guardianship. If leave is not allocated to parents, then materials certifying the relationship are attached. When an heir appears abroad, certificates are issued at the consulate or local authorities. The foreign certificate must be translated into Russian.
- A certificate from the work of the other half of the couple stating that such leave was not received . It can be issued on the institution’s letterhead. If the leave is taken by a member of the family where the child was born, both parents provide the certificates. If the second parent works in several companies, then certificates are provided from each company.
- Certificate of earnings for the last two years (form 182n), subject to insurance contributions . This form is provided by persons who have recently started a job and there is no information about their earnings. It is needed to calculate the amount of the monthly benefit.
- Request to change the calculation period for calculating benefits . This request is submitted by an employee if her baby has already been born recently. This change applies if the benefit amount is received for more than the last two years.
What is the monthly benefit for a child under three years of age in 2022?
The amount of the payment is equal to the minimum subsistence level for children established in the constituent entity of the Russian Federation. At the same time, benefits are paid by different structures for the first and second children. On the first - social protection authorities, on the second - the Pension Fund. At the same time, the Pension Fund does not take money for payment out of thin air. They have a specific source - your maternity capital.
Maternity capital is the second stumbling block. Some believe that it is necessary to find another source, since the capital can be used to purchase a home and not be wasted on monthly payments. Others believe it's a good benefit for low-income families. It should be taken into account that if the maternity capital balance is less than the monthly payment, the payment is made in the amount of the actual maternity capital balance for the current month. There will be no additional payment.
Order on granting leave to an employee
After receiving an application for leave, the head of the company issues an order in which the woman must sign.
A copy of the order is handed to the vacationer. The document displays the following information:
- Details of the institution (can be compiled on company letterhead)
- The name of the document (order), assigning it a number and date of publication.
- The content of the text sets out the essence of the order corresponding to the employee’s statement:
- About the allocation of vacation with the display of its start date and end date.
- On the accrual of monthly payments until the child turns one and a half years old.
- About compensation in the amount of 50 rubles until the child reaches 3 years old.
- About the responsible person who is entrusted with control over timely payments.
- Grounds for drawing up the order (petition of the employee).
- Signature of the head of the company.
- List of persons to review the order.