When replenishment in a family is a great joy. However, the situation itself is connected with the need to resolve the issue of absence from the workplace. After all, the baby will take away all the time of the mother (or another family member). Need leave to care for the child ... How to get it right, what nuances do the employee and personnel officer need to know? Let's figure it out.
Types of Vacations
Workers who are far from knowing the intricacies of legislation, drawing information from acquaintances, have a certain confusion in their heads. They do not quite understand how long you can ask for parental leave. This confusion creates a complex system of calculating benefits. All the time it is received is divided into two halves. That is, for the first year and a half, one amount is paid, then another. We will talk more about this below. However, these accounting subtleties do not affect a person’s right to take parental leave. According to the law, the applicant himself chooses how much time he needs. However, there is a deadline. If you have one baby, then you can not work until he is three years old. Although this is not at all necessary. The employer must agree to any of your decisions. That is, if you want to take parental leave for one, one and a half or two years, no one has the right to refuse. The determination of the time for going to work of the Labor Code of the Russian Federation is left to the applicant. However, he is obliged to notify the administration of the enterprise in advance.
Who can get parental leave?
Incidentally, this position of the difficult issue, in this position, also has its own "squiggles." As a rule, mom draws it up. And who else to sit with the baby? But legislation gives the family broader rights. So, absolutely officially with the child may be the one who really cares for him. That is, dad or grandmother, for example, also has the right to submit an application at her work. Management is obliged to meet them, of course, asking for the documents specified by law. These papers confirm the fact that another family member did not receive such leave. In addition, there is a special reservation for guardians. Those who are officially engaged in a child also have the opportunity to receive appropriate leave. They sorted out the faces. However, this is not the end of the story. Read on, there are many more subtleties in this issue.
And what gives such a vacation to the employee?
This is an important nuance. Indeed, you must admit that the allowance that is paid by the enterprise cannot be called large. Why did the legislator come up with such a nuance of the relationship between the employee and the bosses? What does he give to the first, why does the second agree to him? Let's start with the employee. When a person takes parental leave, his seniority necessary for calculating a pension is not interrupted. Which, you see, is extremely important. Count yourself. If mom gives birth to three children and with each of them stays at home for three years, she will lose about nine years from her retirement experience. Is this true? From the point of view of the state, a woman performs the most important work - produces and educates new members of society.
In addition, there is another condition that protects the rights of the vacationer. This person has the right to return to service and take the same position with which he left. This does not mean that no one there will work for three whole years. Of course, the authorities will take on the service of another person, but temporarily. As soon as our mother leaves, her position will be released. Moreover, the exit from parental leave can occur at the request of a person at any time.It is not necessary to stay at home until its completion, if circumstances have changed. Submit an interruption and go to work. Naturally, this must be done in advance so that the administration of the enterprise can break the contract with a temporary employee. But the employer has fewer pluses. Apparently, its benefit lies in retaining a valuable specialist. Although this is also a lot in our time.
Application for parental leave
The formation of documents is an extremely important matter, especially in personnel matters. Therefore, it is desirable to have your own idea of their content and forms, and not to trust a specialist. You do not know what is the level of his professional training. A lost date or word can lead to the fact that the implementation of the rights of the employee is difficult. We'll have to go to court, lose time and energy. It’s better to give it right vacation application for child care.
It is not much different from other documents of this type. The heading and full name of the head who has the right to sign and the applicant must be indicated in the header. Important: to handle this paper should be to someone who solves personnel issues. Namely, signs orders or orders. Further in the text the type of vacation, the date of its beginning and the term are indicated. Please note: not the end day, but the period. For example: "before the child reaches the age of three." This date should be confirmed with a copy of the birth certificate. If the application is submitted not by the mother, but by another member of the family, then he will need additional pieces of paper. Namely, a certificate from the spouse's place of service stating that she did not take such leave. That is all that is required.
Paperwork
When a woman notified (in writing) the management that she needed leave to care for a child under 3 years old, she should not forget about the papers. The fact is that she must not only see the order with her own eyes, but also put a signature under it. Then it will be possible to deal with the baby with a calm soul. The document is recommended to check for correctness. That is, see that the start date matches the one you specified in the statement. Then there should be a period of parental leave. The personnel officer (or other person engaged in this type of paperwork) must indicate the last day of rest. The next time you must come to work. The date, of course, should be remembered. Although you will not forget it. If you asked for leave to care for a child under 3 years old, then your child’s birthday will be his last day. Let's continue on the intricacies. The order should indicate the amount of benefits that you will be paid. About him a little lower.
Cash Issues
So, we said that the allowance is assigned differently, and depends on the period of vacation. In its first half, namely, until the baby’s one and a half year old, it amounts to a rather serious amount. It is calculated from the amount of payments for the last two years according to a special formula. The amount is approximately equal to forty percent of what you received in the specified period. However, if the salary was high, then restrictions are used. That is, there is a ceiling above which the allowance cannot be. The maximum amount is 10,873.36 rubles. If mom (another person) did not work, then she is paid the so-called social allowance. Its amount is small: 2,718.34 rubles. If the first baby was born, 5,436.67 rubles. If the second and subsequent ones were born. However, the legislation allows to assign the specified type of benefits only to certain categories of citizens. The maximum amount is paid to mothers if they are fired from work during pregnancy due to the liquidation of the organization. The same rights apply to other persons caring for the child. When the baby reaches one and a half year old, then only fifty rubles will be paid.
Some nuances
Sometimes there is a need to ask for leave after parental leave.However, it is likely that some circumstances will arise in which the applicant will be refused. Only a worker who has not walked all the time previously set can receive a vacation. The personnel service keeps an accurate record of all the necessary periods. Rest days are provided strictly by law. That is, each period of work corresponds to documented days of rest. If you didn’t walk before the decree, then the refusal of the authorities will be illegal. However, leave after parental leave is not provided, since there are no such days laid down by the rules for calculating days. For example, a person walked everything before the decree. With his access to the service, the first working period begins. That is, vacation is not given in advance. It is forbidden.
Innovations in the legislation of 2015
Let’s see what the legislator offers to people taking a parental leave. The changes affected the experience taken into account in calculating the pension. It is increased to four and a half years. That is, it turns out that the woman received the right not to limit herself to only three years of vacation. Its maximum term was increased by a year and a half. This circumstance, by the way, helps to improve the quality of education of children. In addition, the question is being considered that the allowance will be paid up to three years. If now it is charged only a year and a half, then in case of adoption of amendments to the legislation this period will become twice as much. That is, moms will receive more or less decent amounts (not fifty rubles) for three whole years. While the law is pending. But, if it is approved, then everyone will recount the amount of benefits for the entire 2015.
Conclusion
Having a baby is a great happiness. Even happier when he is not alone. However, parents have to spin, which is called, as squirrels in a wheel, to feed, clothe and raise offspring. It would be good if the state took upon itself part of the responsibility for solving these problems. This is his people now sitting in wheelchairs and playing with dolls. Time will pass, all this kids will grow up and begin to work for the good of our country.
