The calculator for calculating the vacation period after leaving maternity leave is a tool that helps simplify calculations for the accountant, HR officer and the employee herself. With its help, you can find out when a woman will be able to get paid leave again.
A woman on maternity leave in an organization is a pain for the HR manager and accountant. Use these ConsultantPlus materials for free so as not to violate the law and the rights of a pregnant woman:
- Ready-made solution: how to calculate the period of the working year for annual leave after maternity leave.
- Ready-made solution: how to provide annual leave after maternity leave (maternity leave).
- Expert advice: is it possible to take annual leave after being absent for child care?
- Ready-made solution: how to calculate and pay compensation for unused vacation.
- Typical situation: how to fire an employee during maternity leave.
Is money due for unused vacation periods upon termination of an employment contract?
Article 127 of the Labor Code of the Russian Federation states that the employee must be paid compensation for all unused vacations. It is calculated in proportion to the time worked by the employee. An employee who quits after maternity leave is also entitled to payment for unused rest days.
To calculate the number of vacation days you need to determine:
- total length of service in the institution;
- the presence of periods excluded from the length of service;
- the number of vacation days due upon dismissal;
- number of days already used.
Vacation experience includes:
- Actual presence at work.
- The time when the employee held the position. Maternity leave also counts towards length of service.
- Vacation at your own expense up to 2 weeks.
The experience does not include:
- time of maternity leave;
- days of leave without pay exceeding the limit of 2 weeks;
- absence from work without a valid reason.
Dismissal after maternity leave
The entire time a woman is on leave for employment and labor, and then to care for a child, she retains her job. And if the need arises, a new employee is hired in her place to temporarily perform her duties. An employer cannot fire a woman on maternity leave on his own initiative. In this case, it will not matter whether the woman is a single mother or is raising a child in a complete family. A maternity leaver can only make a decision about dismissal herself. The only exceptions are situations when a woman works under a fixed-term contract, as well as liquidation of the employer company (
Calculation of monetary compensation
Number of unused days
The formula for calculating unused rest days is as follows:
ND = (EOO/12) * OM – ID , where:
- ND – unused vacation days;
- EOO – annual paid leave, in most cases it is equal to 28 days;
- OM – number of months worked;
- ID – rest days used.
Calculation of days while on maternity leave
As mentioned above, the time of maternity leave is not included in the vacation period. Let's look at an example of a calculation.
Colina G.G. was hired on 01/23/17. Her salary was 21,000 rubles. Maternity benefits were accrued from 06/01/17 to 10/18/17. Then the employee went on maternity leave for up to 1.5 years. After the end of Colin G.G.'s vacation decided to quit the organization without going to work.
To calculate vacation days, the period from 01/23/17 is taken. to 10/18/17. It is 9 months. The number of days is: 28/ 12 * 9 = 21 days.
Average daily wage
The calculation of average daily earnings is determined in accordance with Regulation No. 922 and begins with determining the calculation period. In general, it is 12 calendar months preceding the period for which the average daily wage must be paid.
Because During parental leave, no wages were accrued; for the calculation, the actual accrued wages before the employee went on maternity leave are used. If there was no average daily earnings, the salary or tariff scale is used for calculation.
Average daily earnings are determined as follows:
SDZ = ZP/ 12/ 29.3, where:
- SDZ – average daily earnings;
- ZP – salary accrued for 12 months;
- 12 – billing period;
- 29.3 – average number of days in a month.
If the pay period has not been fully worked out, then earnings are calculated based on the number of months actually worked. When calculating average daily earnings, maternity benefits are not taken into account.
So Colin G.G. in fact, she only worked for 4 months (from 01/23/17 to 06/01/17). Time worked in January is not taken into account, because she worked for less than half a month. Her average daily earnings will be calculated using the formula:
Salary = 21,000 * 4 = 84,000 SDZ = 84,000/ 4/ 29.3 = 717
Thus, compensation for unused vacation for Kolina G.G. will be: 717 * 21 = 15,057 rubles.
If a woman quits immediately without going to work
Maternity leave refers to three types of leave:
- antenatal 70 days;
- postpartum 70 days;
- maternity leave for up to 1.5 or up to 3 years.
Maternity leave is regulated by Article 255 of the Labor Code of the Russian Federation. Parental leave under Article 256 of the Labor Code of the Russian Federation. During prenatal and postnatal leave, the woman not only retains her job, but also receives her salary. When caring for a child up to 1.5 years old, a woman receives benefits.
If an employee leaves after maternity leave, the calculation period is 12 months before going on maternity leave. Payments made during maternity leave are not taken into account when calculating average daily earnings, although this time is included in the vacation period.
Read about what payments are due if an employee quits her job after maternity leave at her own request or on the initiative of the employer.
Immediately as soon as it came out
If a woman did not work and did not receive a salary during maternity leave, this period is excluded when calculating vacation pay. Thus, the period preceding maternity leave is used for calculation.
How to calculate payments to a woman who worked part-time during maternity?
If an employee works part-time during maternity leave, she continues to receive appropriate benefits. In this case, the days will be included in the length of service when calculating compensation for vacation.
Drobysheva N.I. was on maternity leave for a child up to 1.5 years old until 04/23/18. For the last six months, she worked part-time and received 10,000 rubles a month. For six months she was paid 60,000 rubles. The required rest is 2 weeks ((28/12) * 6 = 14).
Calculation of average daily earnings: 60,000/ 12/ 29.3 =341
Calculation of due compensation: 341 * 14 =4774
Calculation of compensation for unused vacation
Compensation for unpaid leave upon dismissal after maternity leave must be made using the following formula:
K = DNO × SDZ,
Where:
- K - compensation;
- DNO - number of days of unused rest;
- SDZ - average daily earnings.
The average daily earnings, in accordance with the rule established by clause 7 of Decree of the Government of the Russian Federation of December 24, 2007 No. 922, in the case of a woman’s calculation after maternity leave, is calculated based on the actual earnings received for the time actually worked. That is, the period when the woman was present at work and was not on sick leave or on maternity leave is taken into account.
The average daily earnings in this case is equal to:
SDZ = OD / OM / 29.4,
Where:
- OD - total income for months worked;
- OM - number of months worked;
- 29.4 is the average monthly number of days.
Let's return to the example of citizen Ivanova, who, after working for two months, went on sick leave due to pregnancy and childbirth, and then on maternity leave, after which she quit without going to work. Let’s assume that her total income for two months worked was 100,000 rubles, then the average daily income will be:
100,000 / 2 / 29.4 = 1,700 rubles 68 kopecks.
The amount of compensation will be:
1700.68 × 16.33 = 27,722 rubles 10 kopecks.
What to do if the manager refuses to compensate?
- Such actions by the employer are a violation of labor laws.
Accordingly, you can contact the labor inspectorate. An application to the labor inspectorate must be made in writing. A sample document can be viewed at the information stand in the institution. Upon complaint, the organization will be investigated. If violations are detected, the employer will be held administratively liable. - You can also go to court.
But it is important to comply with the statute of limitations. For labor disputes, they are 3 months from the date when the employee learned or should have learned about the violation of his rights. The court may require the employer to pay money including penalties. The employer will also face a fine. In addition, you can request compensation for moral damages and legal costs.
The legislation of the Russian Federation is loyal to pregnant women and young mothers, providing them with cash benefits and special rights in labor relations. If an employee’s rights are violated, she can contact the relevant human rights organizations.
We recommend that you read our other articles about dismissing an employee after maternity leave:
- How to leave on your own accord?
- Is it possible to be fired due to reduction?
For unused vacation, the employee is entitled to monetary compensation. But at the same time, if there is no new job on the horizon, you can simply take the required rest days off, extending your work experience.
What to do if you have not received compensation?
It is necessary to understand that receiving payments upon dismissal are guarantees provided by law, and their non-compliance can be appealed. The employee can appeal to the state labor inspectorate or to court.
For failure to pay guaranteed amounts to an employee, the employer is subject to administrative liability in the form of a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and in some cases, criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation in the form of deprivation of liberty and the right to hold certain positions.
Legislative acts on the topic
| Art. 127 Labor Code of the Russian Federation | About payment of compensation for unused vacation |
| Art. 121 Labor Code of the Russian Federation | About calculating the length of service giving the right to annual leave |
| Art. 139 Labor Code of the Russian Federation | On calculating the average salary when calculating the amount of compensation for unused vacation |
| Art. 140 Labor Code of the Russian Federation | About the timing of payment of compensation for unused vacation |
basic information
Maternity leave is a period when a woman remains at home with a small child until he is three years old.
At the same time, the manager holds her job and pays the necessary benefits. There are several types of maternity leave, for example, being on leave due to pregnancy and childbirth. The specialist interrupts his work activity approximately at the thirtieth week of expecting a child and returns to the workplace after 140-160 days (depending on the situation). In most cases, young mothers increase the vacation period, since this is not prohibited by law. After the period has passed, they go on maternity leave, which can last one and a half or three years. In order for parental leave to last longer, compelling and serious reasons are needed, for example, the child’s disability or illness.
Sometimes during this time women give birth to a second child and extend maternity leave for another 3 years. Of course, this circumstance does not suit most employers, because they are obliged not only to pay benefits to the young mother, but also to hire a temporary employee who replaces her at work.
The Labor Code protects the rights of women on maternity leave. The employer is deprived of the opportunity to dismiss such a specialist at his own request.
The exception is the liquidation of the company. Then all workers lose their jobs.
Dismissal during maternity leave
An employee on maternity leave, like all other employees, has every right to terminate the employment agreement on her own initiative.
In this case, the woman does not need to work the required 2 weeks, since these days refer to the time of her legal leave. The boss cannot fire a woman on maternity leave, so many managers force women to leave on their own initiative even before giving birth. Such actions are unlawful, and the employee has every right to contact the labor inspectorate or file a claim in court.
Care after children's leave
Often young mothers quit immediately after leaving maternity leave. In this case, the days that the employee spent on maternity leave are taken into account when calculating the length of service. Accordingly, she should be accrued compensation due upon dismissal. The employee is also entitled to accruals for the unused vacation period.
Employees who are interested in how to calculate compensation upon dismissal after maternity leave need to know that the period covering the employee’s stay at home with the child will not be counted when determining the length of service (the basis for calculating paid vacation days is determined based on it). Accordingly, the days that a woman spent with her child are not counted when accounting for vacation time.
In order not to work the required 2 weeks upon dismissal, you should submit an application for leave before the expiration of maternity leave.
