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Another vacation after maternity leave. Calculation of leave after maternity leave

The state guarantees social protection for the working-age population. In particular, the legislation provides for various benefits, allowances, and opportunities for working citizens. So, for example, workers can take paid leave - go on a temporary vacation, without being left without money. So, according to Art. 256 m 255 shopping mall, a woman who becomes pregnant has the right to receive 140 paid calendar days: 70 before and 70 after delivery. Many young mothers are interested in whether vacation is granted after maternity leave. We will understand this in the article. maternity leave

State guarantees

Exit after maternity leave does not always mean that a woman immediately begins to work. The state provides her with the opportunity to take an additional 1.5 or 3 years to care for her child. Both of these periods are paid. Calculation of leave after maternity leave is as follows:

  • 1.5 years - in accordance with the average daily earnings per day.
  • 3 years - in the amount of 40% of the average wage.

Work after maternity leave, of course, can be continued. That is, a woman may refuse to take days to care for a child. Actually, many do so - they leave their children in the care of relatives or nannies. This happens because the salary, as a rule, is more than the due allowance. In this regard, many young mothers do not take leave after maternity leave, using only the necessary minimum of days. It is worth saying here that not only the parents themselves can take care of the child, but also grandparents. However, in this case, you should provide a certificate to your company confirming that none of the relatives took advantage of this opportunity.  another vacation after maternity

Important point

Many people have a question about whether maternity leave is included in the calendar. No, it does not turn on. These periods are calculated separately, almost independently of each other. Accordingly, payment also occurs. At the same time, the employer has no right to independently reduce maternity leave, forbid employees to use it or demand that the woman go on vacation when it is convenient for him, and not during the period that is written on the disability certificate.

Calendar holiday

According to Art. 19 of the Labor Code, each employee is given the right to rest annually. The duration of the period is 28 days. Employees who are involved in hazardous or heavy work are given longer leave. Teachers can rest during all the holidays, for 2.5 months in the summer. At the initiative of the employer, extension of vacation at the enterprise is allowed. To do this, write the corresponding paragraph in the collective agreement and other documents.

Days Terms

To get annual leave, you must work at the company for at least a year. Quite often, the rest period is divided into several (usually 2) parts. Here it is necessary to remember that for 2 years the vacation should be at least 15 days. Providing a shorter period is considered a violation of TC and health standards. It is quite possible to take such short-term leave after maternity leave or when it is convenient for the employee. statement after maternity leave

Premature rest

As mentioned above, guaranteed annual leave can be divided into parts. In this case, it is allowed not to wait for the required year, but to rest after 6 months. In this case, you can try to leave for 28 days. But such a "vacation on credit" is fraught with consequences.After its completion, you will have to either work out and wait a long time to rest, or pay compensation to the company upon termination of the employment contract.

Annual leave after maternity leave

When documenting their absence at the facility, pregnant women should be aware that they are entitled to additional benefits. In particular, you can ask for another vacation after maternity leave or before it. In this case, before leaving the company during pregnancy, the employee can take as many days as you like. The employer has no right to refuse her. He must provide and pay the period that the woman asks. At the same time, if an employee did not take a vacation before this moment for a year or two, then she can take non-scheduled days all at once. It could be 28 or 56 days, for example. sick leave after maternity leave

Deadlines

The future mother should remember that the period for caring for the child will begin from the date indicated on the birth certificate. It does not matter when the document was issued. For example, if a child was born on 05/05/2013, and the woman decided to take leave for the care of the baby for 1.5 years on 10/03/2013, then she will have to return to the company on 5/11/2014, and not on 3/05/2015. In this case, you should think about whether to take such a vacation. This is advisable if the woman is fired after maternity leave. In this case, she may receive compensation for the unused period in cash. But in this way you can win a couple of weeks of experience.

How is the period calculated?

The easiest way to calculate is to use the days that are set for a young mother on labor (usual) leave. For example, the company has a rest period of 30 days. At the time when the employee plans to take a vacation, she did not use rest in the current and previous years. In this case, she can go for all 60 days or take part of them at her own request and with the consent of the employer. The head of the enterprise, however, has no right to insist on anything. maternity leave

Compensation

Holidays after maternity leave are issued as a general rule. Calculation is carried out in accordance with the average earnings for the current year. However, during it, the employee will not be at the enterprise for at least 40 days. Are maternity days included in hours worked in a calendar year? Yes they do. Leave for pregnancy and childbirth, as well as for the care of a newborn (up to 1.5 years), is included in the insurance and seniority. However, payments for these periods are also taken into account during accrual. This is due to the fact that there is no benefit in the list of amounts not included in the calculation of the average salary. Thus, the payment will include:

  • Salary.
  • Award for savings and production incentives.
  • Extra charges and surcharges.
  • Remuneration for years of service.
  • District coefficients.
  • Indexing.
  • Disability benefits (if taken, for example, sick leave after maternity leave).
  • Payments for the period during which the employee kept the average salary. work after maternity leave

Accrual Exceptions

Not included in the calculation:

  • One-time bonuses and payments.
  • Compensation:

- for additional volumes, filling a post, execution of one-time instructions;

- unused vacation or business trip;

- for winning competitions and contests.

  • Literary fee provided under the copyright agreement.
  • Subsidies for reduced fare.
  • Interest and dividends on labor deposits and shares.
  • Bonuses for rationalization proposals and inventions.

Disability Payment Features

If a woman falls ill during pregnancy or while caring for a child, she will receive a sick leave. However, it will not be paid. This is due to the fact that she is already temporarily disabled. However, if maternity leave ended on November 23, and the sick leave will be closed only on December 1, then the time between these numbers will be paid. In this case, accrual will be carried out as a general rule taking into account the average daily salary and insurance experience. maternity leave

The specifics of termination of employment

In a number of cases, employees file for dismissal after maternity leave. This can happen for various reasons. Someone, for example, seeks to devote more time to the family, someone is no longer satisfied with the conditions at the enterprise, or the organization itself has been liquidated, and transferring to someone else’s management is undesirable. In any case, provided for in the Labor Code, a woman should submit an application.

After maternity leave upon termination of the employment contract (or the end of its term) in some cases compensation is due. Then unused rest days will be taken into account. According to the Labor Code, they are all payable upon dismissal, regardless of the reasons for leaving the company or the wording of the entry in the workbook. Compensation must be paid on the last day. This means that after the end of maternity leave or the period of childcare, a woman should already be at the enterprise and receive all the payments that are due to her.


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