Preparation for replenishment of the family is happiness for all its members, no one has any doubts about this. The state takes care of demographic growth, therefore, it provides certain rights to citizens during the period of care for young children. They are described in Art. 256 of the Labor Code of the Russian Federation. You need to know what the current legislation says on this issue in order to make full use of all the possibilities. Let's take a closer look at Art. 256 of the Labor Code of the Russian Federation with comments.
Getting to know the provisions
It will be about how it is possible for a family to organize child care properly until he turns three years old and goes to kindergarten. Moms understand - this time is very important for education. The state is also confident that during this period the baby should not be abandoned. Therefore, it is necessary to provide family members (not only mother) with the opportunity to calmly deal with the child, without worrying, not worrying, having even a small but constant income.
Text Art. 256 of the Labor Code of the Russian Federation is concise and informative. The article records, firstly, the right of the expectant mother to enjoy vacation. Its period is indicated. A woman may not work until the child reaches the age of three years - as art. 256 of the Labor Code of the Russian Federation. Vacation, by the way, is not necessary for mom. This is the second. In addition, the period of formal infant care can be divided. It all depends on the desire of the family member entrusted with this mission. As a rule, a young mother stays with her child. However, the law does not insist on such a distribution of responsibilities. This is a significant empowerment. Art. 256 of the Labor Code of the Russian Federation expressly indicates that any member of the family can take care of the child, for a legitimate reason.
Let's move on to a more detailed consideration of the document.
Mom Holidays
Having a baby completely changes a woman’s life. A working mom should not forget about her employment contract. It is necessary to turn to the authorities with a corresponding statement of their right to leave. Do not miss the time. After all, leadership can be different. It is no secret that many organizations try to get rid of pregnant women before giving birth so as not to complicate their lives.
Art. 256 of the Labor Code of the Russian Federation is designed in such a way as to protect the rights of women. They should be used to the full. Vacation Application must be served before the sick leave ends. It indicates the date from which you wish to exercise your rights. That is, the next working day after the end of the hospital. Be sure to indicate the basis, namely the described article of the TC. Women may not indicate a vacation period. As a rule, it is written "before the child reaches the age of three." But sitting at home for so long is optional. It all depends on the desire of the woman. She has the right to go to her duty station at any time. This should be precisely known and taken into account in relations with management. The administration, according to the current legislation, must provide the young mother with exactly the work with which she went on vacation.
If another family member sits with the child
The law provides an opportunity to entrust the care of a child to any family member. This is stated in part 2 of article 256 of the Labor Code of the Russian Federation. There is a non-strict list of those people who can ask the management for this type of vacation. But dad or grandmother is not limited. The document says that such a right is granted to someone who “actually provides care”. This position can be interpreted very broadly. Family ties are not emphasized. The one who sits with the child whom the mother trusts and receives a vacation.But, as practice shows, most often these persons are close relatives living with the woman in labor.
The person chosen by the family is also obliged to submit an application to the administration of the enterprise with an indication of the legislative grounds for such. It is recommended that Part 2 of Art. 256 of the Labor Code of the Russian Federation, so that not completely competent specialists have no doubts and a reason for refusal. Accompanying your application should be a certificate from the company where mom works, that she does not use vacation. The administration has no right to refuse to satisfy legal requirements.
Workplace Saving
This is another social guarantee for those who bring up the "future of the country" (children). Part 4, Art. 256 of the Labor Code of the Russian Federation strictly indicates that for the entire period of the specified vacation a person retains the place that he temporarily left. This does not mean that no one will be hired. The vacancy will naturally be filled. However, the employee will be hired by a temporary contract. The order of admission will indicate that a person is employed for a certain period. Moreover, the document should stipulate that the contract should be terminated in connection with the exit of the main employee at his request.
This is a subtle point. After all, mother (another relative) has the right to go to work at any time. Circumstances will change, and a person will go to service even before the baby celebrates his third birthday. Consequently, the temporary employee will have to look for another place. It happens that the administration tries to trick, offers a different job, comes up with excuses not to take back a woman with a small child. Need to assert your rights. In case of conflict, feel free to contact the court. This applies to any citizen who has used this type of vacation. He is obliged to return the place of former service, this is clearly stated in Art. 256 of the Labor Code of the Russian Federation.
Part time
Despite taking care of the children, the state is not yet able to pay mother high benefits. Their sum is not just small, it is scanty. Because mothers are legally given the opportunity to earn extra money. It is directly indicated in part 3 of article 256 of the Labor Code of the Russian Federation. There is not enough money in the family - a woman is employed at will. However, not full time. The legislation does not limit the places and positions that it may occupy. He wants to - will go to that organization that will provide her with suitable conditions. This company may also be where she went on vacation. Nevertheless, her former duty station is maintained until she decides to return to it. Everything described applies to any member of the family using this type of vacation.
Additional features
We have not yet talked about how and why to share a vacation. That seems to be redundant in the law. However, there are situations when this right helps parents out. Life circumstances change quite quickly. When choosing a way to solve problems, any family member must remember the rights granted by law. For example, mom went to work. Everything is fine, but the authorities have claims and decided to get rid of it. It is recommended not to enter into conflict, but to use the right to leave.
There can be many such problematic options. When resolving conflicts or other unpleasant situations, people use statutory rights. There is nothing wrong with that. Often at home with a child is the one who has a lower salary. And a family member with high incomes goes to the service. It is clear that a child is not only joy and happiness, but also a source of high costs. People think about not being without money. For this, the law gives such broad rights in the described case.
About experience
Young mothers rarely think about retirement. The state does this for them. No matter how they were abused by those people who are faced with problems, his social orientation is visible in the text of the article described. We are talking about the experience of an employee. It is known that its term is taken into account when assigning social benefits.It turns out that when a woman (another member of the family) sits with the baby, she does not work. Well, lose experience? Not at all. It was here that the very sociality of the state suddenly appeared. Legislatively fixed that they are obliged to count this time in the general and special experience. What is nice and useful for a person. With a common experience, everyone understands. But there is also a period of professional activity, which gives some advantages. For example, teaching experience gives the right to a seniority pension. There are many such professions. You should find out about your rights, given that the happy time of caring for the baby is included in this period.
Recommendations for resolving contentious issues
What to do to people faced with dishonesty of the enterprise administration? For example, you used this vacation, returned, and you were denied employment or provide low-paid work. Managers have a lot of tricks. Some of them do everything in order not to have problems with an employee who is burdened with a child. The reasoning is this: you have to give another vacation at the request of this person, endure his absence in case of illness, and so on. Again, such an employee will not be delayed at the enterprise overtime. He has other concerns. You should immediately tell the authorities that his behavior is illegal! Do not understand - go to court. Feel free to contact the prosecutor. Remember: legislation is on your side. Any court prioritizes the rights of the employee, especially in case of failure to comply with the provisions of the described article.
Conclusion
We examined in detail how to use the rights provided by law to members of the family in which the baby appeared. It is recommended to use them responsibly, do not forget that the initiative is on the side of the employee. That is, you should write the necessary statements, collect references. Often the article we are considering creates problems for the administration of the enterprise. This happens when an employee behaves thoughtlessly. They are afraid to violate his rights. After all, you have to go to court and uphold your positions there. It is advisable for everyone to behave correctly and law-abiding. Then there will be no problems. And if they appear, you will have to resort to the help of a judge and rely on his decision. In this case, the fate of the employee depends on how much he knew and used legal rights before that!
