Every maternity leave ends sooner or later. And the young mother begins to worry about issues related to returning to work.
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When should this happen? How is it documented? How to return exactly to your position? Will she be able to work as before and under the same conditions with a small child?
Naturally, a woman is worried about going back to work, be it her old place or a new employer.
There are fears that qualifications are lost and acquired skills are lost. Moreover, during maternity leave, a lot in the company could undergo changes: from the composition of the team and management team to the work schedule.
Order
According to the norms, in order to register for maternity leave, a pregnant woman only needs a sheet of temporary incapacity for work received at the antenatal clinic and a statement written in free form.
After submitting these documents, the HR department issues a leave order, which the employee must familiarize herself with under signature. That's essentially the whole design.
If the procedure went this way, then at the end of the maternity period no additional documents are required.
The employee returns to her workplace after the period specified in the order and begins her work duties.
The provisions of the Labor Code of the Russian Federation oblige the employer to retain her position for an employee on maternity leave.
It is logical that during the absence of such an employee, a person is hired to temporarily replace her and perform her labor functions.
A fixed-term employment contract is concluded with such an employee for this period. Moreover, the end date of work activity is not indicated in the document. Instead, it should contain the phrase “until the main employee leaves.”
In this case, when the young mother returns to her job, the temporary worker is subject to dismissal on the same day.
How is this indicated in the Labor Code?
The provisions of the Labor Code of the Russian Federation state that an employee has the right to go on maternity leave in connection with pregnancy and the birth of a child.
This, in turn, may include:
After each possible leave, the woman can return to work. Moreover, upon her return, she has every right to apply for exactly the position she occupied before the decree.
The employer, in turn, is obliged to retain the employee’s workplace for the entire duration of such leave (Labor Code of the Russian Federation, Article 256); he has no right to reduce her position, fire the employee and hire another employee in her place on a permanent basis.
How to write an application
As mentioned earlier, if the employee leaves maternity leave on time, no application is required from her.
By timely we mean leaving exactly on time specified in the order granting the appropriate leave. Then the employee simply returns and continues to perform her work functions.
The need for a statement arises only if the employee has decided to return from maternity leave before the end of its term, that is, ahead of schedule.
Then she must visit her employer to write a corresponding statement and agree on the exact date of return.
The application must be written to the head of the organization. In it, the employee needs to reflect her desire to start work earlier than maternity leave ends and indicate a specific date for her expected return to work.
- “I ask you to allow early termination of my parental leave for up to 1.5 years (up to 3 years) and return to work duties from __.__.____. full time."
- Or: “In connection with the early return to work and the resumption of job duties from __.__._____. I ask you to interrupt my maternity leave for a child up to 3 years (up to 1.5 years) ahead of schedule. Consider __.__.____ as the last day of your vacation.”
If there is such a statement, an order or order is issued on the employee’s early departure from maternity leave, since it changes the conditions of the original order, namely the duration of its validity.
The legislative norms of the Russian Federation do not provide for a unified form of such an order. Consequently, it can have any form with the mandatory content of only certain details and points.
The main thing is that it should reflect information that the employee is starting work ahead of schedule. The employee is introduced to the contents of such an order against signature, after which she can begin work in her position and in her place (Labor Code of the Russian Federation, Article 256).
Is it possible to go on maternity leave again without going to work?
But what should a young mother do and what can she count on if she has not yet returned from leave granted to care for her first child, but is already expecting the arrival of her second?
Can she go from one maternity leave to another without resuming work? What should I do for this and what payments should I expect?
If an interesting situation occurs before the end of the first maternity leave, then upon the arrival of a certain period the woman can again take out maternity leave and receive the corresponding benefit.
But there is one caveat - in this case, a woman cannot receive both benefits and she needs to choose one. Obviously, in the vast majority of cases, an allowance for a second child will be more desirable.
In order to go on maternity leave again, but with a second baby, the pregnant woman must write an application at her place of work.
It should contain a request to terminate early leave to care for the first child and provide a second leave in connection with pregnancy and childbirth.
But there is also one peculiarity here - if you don’t want to lose benefits for your first child, then another family member, for example, a grandmother, grandfather or the baby’s father, can go on unfinished leave to care for him.
Moreover, such payments are due, among other things, to students and unemployed persons who independently or take part in child care.
When the maternity leave period ends, the woman will continue to receive benefits for her first child. But now payments for a second newborn and 1.5 years will also be added to this amount.
If the second pregnancy occurs towards the end of maternity leave, the situation is even better. Then the woman simply smoothly moves from one leave to the second, that is, from maternity leave for pregnancy.
To do this, you must also submit an application to your place of work with a request to issue maternity and sick leave. Then all benefits due are processed and accrued in the same way as in the first case.
It should be remembered that there are minimum amounts of payments while caring for both the first and second children.
The benefit calculated in the organization where the maternity worker worked should in no case be lower than the amounts established by law.
Particular attention should be paid to the second pregnancy, since the amount of benefits for the second child is much higher than for the first.
Is it possible to work part-time?
A clear answer to this question is given in Article 256 of the Labor Code of the Russian Federation. It states that a young mother, during the period of leave granted to her to care for her child, can work part-time. She is also given the opportunity to work from home during this period.
If an employee has a desire to leave vacation early with the condition of working part-time, then she and the employer need to sign an additional agreement to the current employment contract.
It should record the following points:
- duration of daily working hours;
- length of the working week;
- work and rest schedule;
- the amount of wages for the period of part-time work.
During this period, the employee’s salary must correspond to the time actually worked or be calculated in proportion to the amount of work performed by her at that time (Labor Code of the Russian Federation).
Saving benefits
The labor legislation of the Russian Federation provides for the continuation of benefits when a woman returns to work early.
But this condition only applies if the employee returns not full-time, but on a part-time basis (part-time).
Information about this is contained in Part 3 of Article 256 of the Labor Code of the Russian Federation. Its provisions allow a woman to work during maternity leave without stopping the payment of benefits until the child reaches 1.5 years of age.
What to do if the employer does not hire you for your previous job?
A woman going on maternity leave probably expects that her employer will be conscientious and honest. And after the maternity leave period ends, she will be able to return to her workplace in her previous position.
Unfortunately, the realities of the modern world indicate quite the opposite. Often, company management, pursuing their own interests, does not express a desire to take back a young mother of a young child.
And this is understandable. After all, many employers prefer it when employees devote themselves entirely to work, and after maternity leave a woman has many other problems and concerns that are not related to work.
In addition, many young children often get sick, which means constant sick leave and interruptions from work.
In the end, the company may undergo some personnel movements, reorganization, layoffs and other events.
Regardless of the reason for such reluctance, the employer grossly violates the Labor Law Standards of the Russian Federation, namely Article 256.
It states that while a woman is on leave to care for a child, she must retain her position.
At this time, she cannot be fired, laid off, or replaced by another employee on a permanent basis (Article 261 of the Labor Code of the Russian Federation).
If this does happen, and the employer is categorically against the employee returning from maternity leave, you can consider the following options:
- Write a complaint to the Labor Inspectorate, and then the violator will be obliged to reinstate such an employee in her previous position and comply with the terms of her employment contract.
- Quit, not of your own free will, but by agreement of the parties or due to layoffs.
In the first option, the State Labor Inspectorate will be on the side of the worker in 100% of cases, since there is a gross violation of her rights and the norms of Labor legislation.
The only question is whether she will want to work in her previous place after such a return, and how her colleagues and superiors will treat her. Most likely, the situation will be extremely unfavorable.
It probably won't be easy, but you can save yourself a lot of stress in the future if you plan your return carefully.
Many mothers face mixed feelings about returning to work after maternity leave. On the one hand, you will feel uncomfortable leaving your child at home. On the other hand, you may feel relieved knowing that professional nannies will look after your child while you return to your usual work routine. (And then you may feel guilty about this relief!) You may find it difficult to accept that your baby will be cared for by strangers. You may be angry that you decided to end maternity leave too early.
Whatever feelings you have, it's completely normal. This is a very important period in the life of any woman, and, as studies show, many of them return to work before they have time to mentally prepare for it, which causes stress. However, you can plan ahead to get back to your normal lifestyle. Try to put into practice our tips regarding returning to work after maternity leave:
1. Understand the logistics.
Dry your tears - yours too - and create a new daily routine.
After returning from maternity leave (especially after leaving early), you will find that your daily routine includes, among other things, bags with baby supplies, breast pumps and irregular breastfeeding in the mornings and evenings. Laurie Mihalich-Levine, author of Back to Work After Childbirth: How to Plan and Think through Your Post-Maternity Return, recommends creating a rough daily routine ahead of time. Of course, it will be edited during the process, and it will be easier for you to cope with the load, having a clear sequence of actions in your hands.
2. Bring your child to work before leaving maternity leave.
It's never too early to show your children why work is important to you.
Lauren Smith Brody, author of The Fifth Trimester: A Mother's Guide to Maintaining Style, Sanity, and Pursuit of Success After Baby, who returned to her role as editor of Glamor magazine after the birth of her first son, advises bringing kids to work before maternity leave ends. . This will allow you to blur the lines between home and work life a little, and, of course, introduce your employees to your baby. It is quite possible that your child will win the hearts of even the most unsociable colleagues. In addition, you will show your child exactly where you will spend time in the future and explain why this is important. And even if he doesn't understand it, you will know that you took the right step.
3. Leave the child with your family (and don’t forget to go to the hairdresser).
This will make life easier for everyone.
Start the new period after maternity leave by planning everything carefully. Whatever daily routine you come up with, you need to try it out before you go to work. This will allow your child to get used to your absence in the future, and you will understand how well you thought through this routine, and - bonus! - you will get free time that you can spend on going to a beauty salon to get yourself in order.
4. Return to work midweek.
It will be MUCH easier this way.
Your first week after maternity leave will be exhausting. The first day after maternity leave will seem especially grueling. Therefore, it is worth shortening the first working week as much as possible, if possible - start, for example, on Wednesday or Thursday. You will have two to three full days to evaluate the effectiveness of the new routine you have developed and make changes to it before a full work week.
5. Return to your work schedule gradually, if possible.
Try to organize the transition to intensive work after maternity leave in small steps.
If you can agree on this with your boss, agree to come to work every other day or work several hours a day to get used to the new daily routine. Brodie, for example, recommends forgoing the last week of maternity leave and using those days to rest the next five Fridays after returning to work.
6. Try working from home if possible.
Some employers are not against you working in the conditions that are most comfortable for you.
After the birth of my first daughter, my boss allowed me to work from home one day a week, which not only made it easier to return to work, but also allowed me to breastfeed my daughter longer (with this schedule, I breastfed her three days a week, and the remaining four days I used a breast pump).
“If you're proposing to work from home, make a clear plan,” Brody advises. “Show that this will not affect your productivity, point out that this will allow you to care for the child, and agree on the duration of this regime in advance. It will be easier for your boss to accept your terms if he or she knows that this is all temporary.” Of course, this plan should suit you first and foremost. This way you can make your return after maternity leave gradual.
7. Find support among other working mothers.
Find those who understand you.
“When I was on maternity leave, I found support among other mothers in yoga classes,” says Mihalic-Levine. “But not all of them went to work.” When Mihalich-Levine returned to work, she discovered that she was far from the only working mother in the office. A little later, she created an informal “society of working mothers” who met for lunch once a month, and also discussed their problems and shared advice in a special online forum. “It has brought a lot of parents in my office closer together,” says Mihalic-Levine.
It's quite possible that some of your co-workers are working mothers, so why not follow Levine's lead? Or, if you don't want to create such groups, just invite some of your colleagues to lunch in your first week after maternity leave and ask how they managed to get back into the rhythm of work. Their advice will surely help you. We are sure that you are not the only woman in the office after maternity leave.
8. Get rid of thoughts like “I need to quit.”
You can handle this.
Almost every woman Brody interviewed for her book, “regardless of their ambitions or position, sooner or later found themselves thinking about quitting,” Brody says. “Some couldn’t get rid of this thought for months. Others thought about it after a particularly difficult day.”
For many mothers, quitting after maternity leave is not an option. And for those who can still afford such a decision, the first months after maternity leave are not the best time to make it, according to Brody. The desire to quit, which arises during the process of readapting to work conditions (Brody calls this period the “fifth trimester”), is compulsive and often prevents making a thoughtful and informed decision.
Brody, drawing on reports from psychologists, found ways to cope with those moments when you feel like quitting is the only solution (even if it’s not):
- Consider the fact that you will not be able to reverse this decision.
- Make a list of what you get from your job (including your salary!).
- Make a list of what you bring to your work.
- Consider the fact that it will be more difficult for you to study in a new place. Remember that you have returned to an already familiar job, and in a new position you will need to learn everything all over again, combining this with parental responsibilities.
- Celebrate small successes. Brodie recommends making a list of what you've already achieved so you can tick those boxes.
- Be patient. "Try not to make big decisions in the first 18 months after maternity leave," says Brody.
9. View returning to work as a career opportunity.
You now have the skills of a mother.
It won't be noticeable right away, but once you've settled into your new role as a working mother, "you'll be much more productive," says Mihalich-Levine. She recommends looking at returning to work after maternity leave “from a career perspective, because you come back with a ton of new skills that can be applied in a professional environment.”
In today's environment, where working parents rarely find support, it is easy to feel guilty that personal life may somehow interfere with work responsibilities. But don't forget what you bring to your job: new skills and the ability to juggle multiple tasks, which greatly increases your productivity. You become a more valuable asset, so you don't have to feel guilty. Boast about your new position. Feel free to be proud of him.
Dear mothers, we hope that our practice-tested tips will help you make your return to work after maternity leave as calm and gradual as possible. We wish you career prospects and success!
Maternity leave is over... Just recently you arrived with your baby from the maternity hospital, but time has flown by, and now it’s time go to work. Behind are diapers, diapers, monotonous "Groundhog days". Some people don’t have any questions: “It’s necessary, it means it’s necessary.” Or circumstances develop in such a way that there is simply no other way out. But if in material terms everything is not so dire, and a woman has the right to choose, then a lot of questions immediately arise in her head: “When to go out? Where to go? Should I go out at all?” Or, perhaps, someone has already tried to get a job, but the experience was unsuccessful and now there are even more fears. This, by the way, is my option. I went to work, made a bunch of mistakes and was determined to figure it out. I hope my experience will help you in some way. So, a fascinating story of one return to work after maternity leave...
...I went to work when my son was three years old. We started going to kindergarten almost immediately full time. In the mornings I really didn’t want to get up, and on the way to the garden thoughts were spinning in my head: “And who came up with all this?!” When we parted, my son had a sea of tears and some kind of soul-tearing mixture of feelings for me (from love and tenderness, to pity and guilt). At work I was a little distracted, and at times it was even interesting. But it soon became clear that I wasn’t much of a worker. Given my penchant for perfectionism, I was surprised to discover that it is simply unrealistic to do the same amount of work well as before the birth of the child, and not develop a nervous tic. I tried my best, honestly, but in my head there was always the image of a sobbing son, wearing tights inside out and slippers on the wrong feet. Naturally, he also often caught colds. My grandmothers and grandchildren categorically do not sit, and they let me go on sick leave very slowly. Further more: my stomach hurt. Then I was covered in hives from head to toe, and my eye began to twitch. And then I received my first salary, cried over my pennies and spent them on medicine for myself and my son, because he had not pooped for three days, and to the question: “What did they give in kindergarten today?” - answered: “I didn’t eat the stinking soup, but I buried the cutlet in the porridge.” Steadfastly, like an exemplary excellent student, I endured for a couple more months and said to myself: “That’s it! Enough!" And she quit. I took my son from kindergarten, and we both received treatment at home for a month. Then, slowly, I started taking him for half a day. I rested myself, read the advice of psychologists, and realized what my mistake was. Having set all my priorities, I decided to look for a job that suited my strength and my liking. And I found it. I hope my gestalt is complete, and for you advice will help, which helped me too.
2. Where will the child be in your absence? At home with grandma - great. Will he go to? Then get ready for: adaptation and frequent illnesses. Ideally, it would be good to start taking your child to kindergarten, and only after a couple of months go back to work yourself. Starting with a couple of hours, gradually build it up to a full day. And when your soul is more or less calm that your child is comfortable in kindergarten, you can start working yourself.
3. Enlist support from loved ones. If the grandmother cannot sit with her grandchildren all the time, then maybe she will provide insurance, at least for the duration of the child’s illness. Household responsibilities may also have to be redistributed and some of them assigned to the husband.
4. Finally, the child is settled in and you are at work. Watch yourself, test your strength. Are you coping? Don't you want to go home more than to go to work? It's great if the work suits you completely. But if you suddenly find that you have absolutely no strength to endure the everyday routine, this is quite normal. With the birth of a child, a lot changes inside us. If earlier you could endure crazy bosses and oppress yourself in some way, now it is much more difficult to do this. Your true nature will ooze out of you as you are no longer just a worker. You have become a mother. And now it’s not so easy to dance to someone’s tune: you’ll want to be yourself and do what you like. Think about it, an alternative could be half-day work, shift work or from home. Thank God, now no one forces us to work on the factory whistle five days a week. Many women, after the birth of a child, suddenly discover hidden talents in themselves and completely change the direction of their activities. It's always scary to change something established. But if you take a risk, completely different horizons will open up before you.
Ultimately, whether you stay at home, work in the office or from home - all options are good if this is your conscious choice. Remember the main thing: the child needs happy mom. And it’s not about the amount of money, but about the pleasure that you can get from work. Therefore, be bold and do not be afraid of change! Find your favorite job! As an Eastern sage once correctly noted: “Paradise opens its doors only to the brave.” And mothers are the bravest creatures on the planet!
Last modified: June 2019
Returning to work after maternity leave occurs in accordance with the procedure established by law and does not require additional measures from the employee if the return to work is carried out on time. However, it is necessary to agree on the conditions of further work and work responsibilities after a long break.
What is required from the employee
The main document that serves as confirmation of the legality of long-term absence from work is a certificate of temporary incapacity for work. The employee draws up this document at the antenatal clinic where she was seen during pregnancy and submits it to the employer.
Before going to work after maternity leave, a woman writes a free-form application, notifying her employer of her plans. This document serves as the basis for the HR department to issue an internal order, which is then passed on to the employee for review.
If you return to work after maternity leave according to the established deadlines, then no additional paperwork will be required to resume work. All other activities are carried out by the employer - the personnel department and accounting department.
Legislative norms for the employer
Everything related to registration of maternity leave and exit from it is strictly regulated by labor legislation and federal acts. First of all, the rights of a woman on maternity leave are protected by Article 256 of the Labor Code of the Russian Federation. The manager does not have the right to dismiss a woman on maternity leave on the grounds that she was absent from the workplace for a long time due to the birth of a newborn. However, management has to deal with other related issues. During maternity leave, the employer is forced to hire a new employee, and when the main employee returns to work, dismiss the deputy, or re-register the employment relationship with him by hiring him or extending a fixed-term contract.
If the workplace is liquidated or occupied, the employer is obliged to provide the woman with work by offering similar conditions, since otherwise the responsible persons will face punishment for violating workers' rights.
In the process of registering an employee’s return from maternity leave, the administration is obliged to adhere to the legislative norms:
- Law No. 81-FZ of May 19, 1995;
- Law No. 21-FZ of February 25, 2011;
- Law No. 255-FZ of December 29, 2006;
- Order No. 1012n, approved by the Ministry of Social Development on December 23, 2009.
Options for going to work
Despite the fact that there is no such concept as “maternity leave” in the law, the parties to the labor relationship adhere to the standards established for two leave options:
- during pregnancy and childbirth;
- for caring for a newborn (“child care”).
Based on the choice of the moment to resume work, the procedure may include the stage of notifying the employer about the date.
Work after maternity leave
The basis for a woman’s legal absence from the workplace during childbirth is a temporary disability certificate issued for a certain period. The standard period of leave under the BiR is 140 days, after which the employee decides whether to return to work duties or take a new leave - to care for a child.
If a woman has not written an application for new leave to care for a newborn, nothing prevents her from returning to her previous place of work. Dismissal during maternity leave is illegal, but the employee retains her position legally.
As in the previous case, the employee’s place is retained throughout the entire period (up to 3 years), after which she is obliged to return to her duties. According to paragraph 4 of Art. 256 of labor legislation, an employee after maternity leave is required to provide a workplace, the amount of work, with the preservation of wages.
Sometimes a woman does not register for a period of care immediately after the end of postnatal leave, but the right to decide when to go on leave remains until the child reaches 3 years of age.
The right to keep a job is valid throughout the 3-year period after childbirth, and dismissal is possible only upon liquidation of the organization.
Sometimes a woman cannot go to work after the end of her maternity period for certain reasons. If an employee cannot return to work after 3 years, the parties to the employment relationship may agree on the following:
- A woman submits an application with a request to agree on a vacation at her own expense. If management is not against the continuation of the employee’s vacation, the period of absence is legally extended for a new agreed period.
- The employee has the right to apply for a transfer to home work or a change in schedule (part-time work or additional days off). The employer has the right to approve or refuse the employee, except for the cases described in Art. 93 Labor Code of the Russian Federation.
If management refuses to agree on the conditions requested by the employee, the very next working day after the end of maternity leave, absence from the workplace will be perceived as absenteeism, for which disciplinary sanctions are established in accordance with clause 6a, part 1, article 81 of the labor law.
If the conditions change, the parties to the employment relationship are required to fix them in an additional agreement. Subsequently, the new parameters must be formalized in the proper manner (in the HR and accounting departments).
If the work schedule, length of the working day or week changes, the personnel department is obliged to prepare and issue appropriate orders, and the accounting department is obliged to adjust the procedure for calculating wages based on the new orders.
How is salary calculated after maternity leave?
The rights of a worker due to a long absence should not be infringed in any way. Sometimes the employer reviews the salary levels of all employees of the enterprise while the woman is on maternity leave. If the level of earnings for equivalent positions has been increased, the employee’s salary also changes. If a woman’s salary is lower, there are signs of discrimination against the maternity leaver, which gives her the right to hold the employer liable on the basis of Part 2 of Article 132 of the Labor Code of the Russian Federation.
The right to a similar upward revision of payment is fixed in clause 16 of the provisions on the payment procedure specified in the RF Government Decree No. 922 of December 24, 2007. The fact is that the increase in average earnings occurs through a general increase in the salaries of workers throughout the enterprise. It will not be possible to selectively increase your salary.
When it is necessary to calculate the average daily earnings, an employee who has returned from maternity leave has the right to choose the years used in accounting calculations (for example, when calculating the amount of payment for a certificate of incapacity for work after maternity leave).
Termination of an employment contract
Upon returning from maternity leave, the employee remains under the protection of the law. There are a number of restrictions according to which dismissal is impossible even after the end of maternity leave.
According to Part 4 of Article 261 of the Labor Code, the following are not subject to dismissal:
- mothers raising children alone (until their 14th birthday or 18th birthday if the child has a disability);
- They are the only breadwinners in the family when they are raising a child with a disability group.
- If the enterprise has a job where reduced qualifications are required, it is not possible to fire the employee on the basis of Part 3 of Article 81 of the Labor Code.
- It is impossible to dismiss a person on the basis of inadequacy for the position held based on the results of certification if he alone is raising a minor under 14 years of age, a disabled person under 18 years of age, or is the only breadwinner in the family.
- If we are talking about a teacher returning to work, their certification within a 2-year period after the resumption of work is not provided. And employees of the Pension Fund are certified after 12 months after the end of maternity leave.
In addition, certification carried out within the company can easily be challenged in court if the employer decides to dismiss based on the results of the audit.
After the birth of a new family member, a woman has to decide the issue of combining parental responsibilities and responsibilities to the employer. Therefore, before deciding to leave maternity leave early or extend the period of child care with leave at your own expense, you need to carefully assess your capabilities and personal priorities. If the decision is made, the employer does not have the right to prevent the resumption of work and is obliged to provide a workplace at the first request of the maternity leave.
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Returning to work after maternity leave carried out, as a rule, without prior notification to the employer. At the same time, depending on the type of leave and the reason for going to work, there are several ways to register this fact. You will learn more about all the features from this article.
Exit from maternity leave: deadlines, registration procedure
Returning to work from maternity leave possible at any time when the employee needs it. Thus, she can interrupt the registered leave not only for child care (hereinafter - UZR), but also for pregnancy and childbirth (hereinafter - M&R). In addition, going to work may be planned, for example, after the child reaches 1.5 or 3 years.
For example, if an employee, after giving birth, wrote an application for leave under UzR until she reaches 1.5 years, and the date of birth of the child is 05/05/2015, then she will need to return to work on 11/06/2016. But since this date falls on a Sunday, going to work should occur the next day - 11/07/2016.
The employee has the opportunity to extend her UzR leave until the child’s 3rd birthday (the right is granted by Article 256 of the Labor Code of the Russian Federation), which means that she can submit another application in which she will notify about returning to work from leave on 05/07/2018. Since 05/06/2018 is Sunday, going to work should occur the next day - 05/07/2018. The employer cannot deny her the exercise of this right.
IMPORTANT! If the employee (s) goes to work after the child reaches 3 years of age, the employer does not need to document this fact in any way. But if leaving the leave occurs early, then the employer, based on the application submitted by the employee, issues an order for his early return to work from the registered leave under the UzR. It is mandatory for the employee to familiarize himself with this order and sign it.
How to return to work after maternity leave
In general cases there should be no difficulty at all in how to get out of maternity leave when the child reaches 3 years of age. The employee simply goes to work the next working day after the child's 3rd birthday.
It’s another matter if there is an early exit from vacation. In this case:
- the employee(s) must submit an application and report that from a certain date he will interrupt his UzR leave and go to work;
- the employer, based on this application, issues an appropriate order.
There is no statutory period during which the employer must prepare a workplace for an employee returning from maternity leave. In Part 2 of Art. 256 of the Labor Code of the Russian Federation states that UzR leave can be used either in full or in parts, and there is not a word that the employer must be notified in advance to prepare the workplace. So it is better to spell out this unclear situation in a local regulatory document in order to preliminarily resolve all controversial issues regarding personnel records.
A temporary worker hired to replace an employee on maternity leave is dismissed on the day when the person on maternity leave returns to his workplace (part 3 of article 79 and clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation). An employee’s departure from maternity leave can occur on the day of filing the appropriate application for early termination of leave, if so desired.
The situation is different with early exit from leave under the BiR. In this case, consent to interruption of vacation from the employer is required. And in general, such a practice of interrupting vacation under the BiR is not welcome due to the need to reimburse benefits paid in advance.
Working after maternity leave by law
Since the legislation does not disclose what exactly falls under the definition of “maternity leave” (there is no such term in labor law at all), in practice this phrase refers to both “maternity” leaves: in BiR and in Uzbekistan. The conditions for leaving each type of leave are slightly different.
Let's consider both options.
Returning to work from leave under BiR
Labor leave is granted on the basis of a certificate of incapacity for work. After completing the leave, the most common duration of which is 140 days, the employee can immediately go to work without taking out the next required leave under the UzR.
In this case, the employee retains her job, because she was actually on sick leave (leave for medical reasons).
Returning to work from vacation in UzR
While an employee is on UzR leave, he is guaranteed to retain his job (position). This is stated in Part 4 of Art. 256 Labor Code of the Russian Federation. This means that, upon returning from vacation (either after the child reaches 3 years of age or ahead of schedule), the person on maternity leave begins to do the same work as before the vacation.
After leaving leave under the BiR until the child turns 3 years old, the employee can go on leave under the UzR at any time, even if she did not write a corresponding application immediately after giving birth. An employee on UzR leave cannot be fired (unless we are talking about the liquidation of the company), or transferred to another job without his consent.
What to do if you can’t go to work after maternity leave
If for some subjective reason an employee cannot go to work on time (after the child turns 3 years old), for example, he was unable to get a place in a kindergarten, he can:
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- Apply for leave without pay. After submitting the application, the employer makes a decision to refuse or grant such leave.
- Ask the employer to transfer to home work or change the work schedule by switching to part-time work. And in this case, everything will depend on the goodwill of the employer, with the exception of the situations listed in Art. 93 Labor Code of the Russian Federation.
In the event that the head of the company does not agree with the request to change the work schedule or grant the next vacation, absence from work after the end of the UzR vacation will be regarded as absenteeism with all the ensuing disciplinary consequences (Clause 6a, Part 1, Article 81 of the Labor Code of the Russian Federation) .
If an agreement is reached between the employer and employee to change the work schedule, an additional agreement will need to be concluded. agreement to the employment contract on the basis of Art. 72 Labor Code of the Russian Federation. It will also be necessary to make a number of changes to internal documentation if records are kept somewhere of part-time employees.
If the transfer to part-time work at the request of the employee was made on the basis of Art. 93 of the Labor Code of the Russian Federation, the employer will not need to notify the employment service about this fact (letter of the Federal Service for Labor and Employment of Russia “On the application of legislation...” dated May 17, 2011 No. 1329-6-I).
What to do if it is not possible to provide work to an employee returning from maternity leave
It is also possible that the employer was unable to provide a workplace for an employee returning from maternity leave in a timely manner, for example, did not pay for a temporary employee or for some other reason. Then the employee returning from maternity leave is paid downtime at the rate of at least 2/3 of his average earnings (Article 157 of the Labor Code of the Russian Federation).
IMPORTANT! Even if there is downtime caused by the employer, the employee must go to work, otherwise there will be no compensation for such downtime. We are talking about situations when an employee can go to work (he is not on sick leave, he is not allowed to enter the workplace, etc.), but does not do so, believing that there is nothing to do at work anyway.
If an employer artificially creates barriers to an employee’s access to his place of work, the latter has the right to go to court with a demand for payment for working hours during which he was deprived of the opportunity to work due to the employer’s fault.
In a situation where another more qualified employee is hired at the workplace, the employer can offer the employee who has returned from maternity leave a transfer to another job. If this proposal satisfies the latter (for example, the proposed place of work is closer to home or there is less responsibility in the new place), the transfer can be arranged by agreement of the parties.
IMPORTANT! You can arrange a transfer to another job not only after the person on maternity leave returns to work after a leave under UzR, but also during the period of being on this leave.
This is especially true if the employee returning to work after maternity leave is a financially responsible person, because when transferring to another job after he returns to his position, it will be necessary to once again take an inventory of material assets.
With such a translation approved by both parties, it is important to take into account the absence of medical contraindications (Part 4 of Article 72.1 of the Labor Code of the Russian Federation). When transferring to another job, an additional agreement is concluded with the employee. agreement to the employment contract.
Salary after maternity leave
If, while an employee is on UzR leave, the employer increased the salaries of all employees working in the same position, then the latter’s salary should also be increased. Otherwise, discrimination will occur, which is illegal (Part 2 of Article 132 of the Labor Code of the Russian Federation).
By virtue of clause 16 of the regulation “On the peculiarities of the calculation procedure...”, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, an increase in the average earnings of employees occurs with an increase in official salaries for the enterprise as a whole. Accordingly, selective salary increases cannot be considered legitimate.
After UzR leave, employees sometimes have situations when they need to go on their next maternity leave. In this case, it becomes necessary to calculate the amount of benefits based on average earnings. In this case, there is often no actual income received, based on the total amount of which the average earnings are calculated over 2 years.
Then, on the basis of clause 6 of Regulation No. 922, to calculate average earnings, the actual amount of income received in the time period preceding the calculation period is taken.
Dismissal after maternity leave
The employer should keep in mind that, on the basis of Part 4 of Art. 261 of the Labor Code of the Russian Federation, he will not be able to dismiss the following employees after the end of maternity leave:
- single mothers (fathers) with children under 14 years of age or disabled children under 18 years of age;
- the only breadwinners in a family with a disabled child under 18 years of age.
There are also situations when an employer wants to fire an employee returning from maternity leave at all costs. For this purpose, he decides to conduct a certification, supposedly then he will be able to part with the employee due to the identification of a discrepancy between his qualifications and the position held.
But this is not entirely true:
- According to Part 3 of Art. 81 of the Labor Code of the Russian Federation, dismissal for the above reason is possible only if it turns out to be impossible to transfer such an employee to another position with reduced qualification requirements with his consent.
- In addition, the rights of an employee (a single mother with a child under 14 years old, a father raising a child without a mother, parents of a disabled child under 18 years old, a breadwinner with a large family, etc.) are protected from dismissal at the initiative of the employer, Art. 261 Labor Code of the Russian Federation.
It is also important that in relation to teaching staff, their certification is unacceptable for 2 years after leaving maternity leave (clause 22 of the order of the Ministry of Education and Science of Russia dated 04/07/2014 No. 276). Certification of employees employed in the branches of the Pension Fund is allowed only one year after the end of the UzR vacation (clause 1.2 of the resolution of the board of the Russian Pension Fund dated January 15, 2007 No. 5p).
If suddenly the head of a private company decides to organize an attestation test of the qualifications of an employee who has returned from maternity leave and, based on its results, decides to dismiss, there is a high probability that the dismissed employee will be able to be reinstated in his position through the court.
According to the general rules, an employee’s exit after maternity leave does not require any special documentation, with the exception of cases of early exit (then the employee submits an application and the employer issues an order). Based on Art. 255-256 of the Labor Code of the Russian Federation, the employer retains the employee’s position during maternity leave, so after vacation the employee returns to his previous workplace.