After a long parental leave, it is not easy to return to the ranks of hard workers. For some this will cause joy, for others panic. It is possible that difficulties or problems may arise upon return. So how to go to work after maternity leave?

Decree and what it is eaten with

Decree or leave for pregnancy and child care is prescribed in the labor code Russian Federation, in articles 255 and 256, according to which it is divided into:

• Maternity leave - for a period of 140-194 days. It is an analogue of sick leave for pregnant women and, accordingly, is taken during pregnancy and childbirth.

• Parental leave - up to 3 years. It can be taken not only by the mother, but also by close relatives, if they are caring for the newborn. The first year and a half of being on this vacation involves the payment of benefits.

When to leave after the decree? It is not at all necessary to wait for the moment when the baby turns 3 years old - according to the code, you can go to work on any day of the third anniversary, having provided the employer with a corresponding application in advance.

But at the same time, it is worth remembering that the vacation ends at the very moment when the child turns three years old. And the next day of non-appearance will already be considered absenteeism.

Dismissal?

Going to work is often scary with the threat of being fired. New employees are often found in place of a maternity mother, and joining work after a long break is not always easy, not to mention the fact that children tend to get sick - employers, as a rule, are not happy with young mothers. But here you can partially calm down. Before the child is three years old, the employer can dismiss only in two cases:

• Liquidation of the organization;
• Breaking the rules labor code from the side of the worker.

So there is an opportunity to protect yourself by going to work before the child's 3rd birthday. The opportunity to get a dismissal appears only after the expiration of the full term of the decree.

go to work and stay

So when can you go to work? And what to do in order not to grab a leave immediately after the end of the decree? It’s good if mom is on good terms with her superiors and at work everyone is her own and “everything is under control”. And if not?

Do not forget about your work on maternity leave

First of all, you should not forget about your work for these three years. The psychology is such that it is much more profitable for the employer to continue to cooperate with the employee who replaced the employee who gave birth, rather than wait until she again joins the rut. At a minimum, he will not need sick leave for children. And you also can’t count on a new place in an old job - the law firmly fixes her working position for the maternity leave. Therefore, get ready to prove your usefulness after the decree.

Visit work before vacation ends

No need to wait for the end of the vacation, it would be right to come in advance and “scout the territory”. Let the boss see the desire to return not only in words. And if they still decide to fire my mother after the end of the decree, it will also be useful to know about this in advance - there will be time to look for a new place.

Keep in touch with colleagues while on maternity leave

It will be nice if you continue to be interested in news and changes both in the team and in the organization itself. Interest will give another reason to understand that you are not going to quit your job. And in order not to lose knowledge in three years, it will be useful to read professional literature at least sometimes.

Don't panic if you find a replacement

If the place is occupied, do not panic either. Reviews on the forums often describe such situations, when new employees are hired to replace a girl who has gone on maternity leave, who manage to settle down during their absence and no one is particularly happy about the return of a young mother. There are also cases when, during the absence, the entire team and even the bosses are replaced. It’s a good idea to prepare for such a scenario when the employer offers to transfer to a new place instead of the old one or quit altogether own will. Don't be in a hurry to agree.

The Labor Code is on your side

It should be remembered that the labor code of the Russian Federation is entirely on the side of the maternity, but only until the child is three years old. Prior to this event, the mother can at any time warn the employer about going to work with a statement, and he will be obliged to provide her with the previous workplace. Otherwise, this will be a gross violation of labor rights, about which it will be possible to notify the labor inspectorate or even send a complaint to the prosecutor's office. The court in such cases will also always support the young mother who is “in care”.

But here we should separately note the moral and social aspect. Returning to work through conflict is not always the smartest decision. The employer will not be happy with such an outcome, and the offended team can do everything so that the “objectionable” quits herself. So here it is necessary to do without unnecessary conflicts and find the right compromise in order to solve the problem.

What to do if you don't feel like working?

Sometimes it happens that you don’t want to return to your previous job at all. A caring housewife suddenly wakes up in someone’s soul, and someone wants to start a career from scratch or adjust it to a new rhythm of life.

If you don’t go to work, the world will definitely not collapse. But this will need to be at least notified in advance. Do not swear with colleagues and superiors, do not hesitate to talk about it in person - it will be much better than just a quiet statement on the table - and in no case reproach yourself for what you have done. Guilt is the last thing that should haunt you when leaving work after the decree. Especially if it was your own, conscious decision.

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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 to your position? Will she be able to work in the same mode and under the same conditions if she has a small child?

Naturally, a woman is worried about going to work, whether it is an old place or a new employer.

There are fears that qualifications are lost and acquired skills are lost. Moreover, during maternity leave, a lot of things in the company could undergo changes: from the composition of the team and management to the work schedule.

Order

According to the norms, in order to apply for maternity leave, a pregnant woman only needs a temporary disability certificate received at the antenatal clinic and a free-form application.

After providing these documents, the personnel department draws up a vacation order, which the employee must familiarize with against signature. Here, in fact, is the whole design.

If the procedure went that way, then at the end of the maternity period, no additional documents are required.

The employee returns to her workplace after the expiration of the period specified in the order and proceeds to her job responsibilities.

The provisions of the Labor Code of the Russian Federation oblige the employer to retain her position for an employee who is on maternity leave.

It is logical that for the period of absence of such an employee, a person is taken in her place, temporarily replacing her and performing her labor functions.

A fixed-term employment contract is concluded with such an employee for this period. Moreover, the end date of labor activity is not indicated in the document. Instead, it should contain the phrase "until the main employee exits."

In this case, when the young mother returns to her job, the temporary worker is subject to dismissal on the same day.

How is it indicated in the Labor Code

The provisions of the Labor Code of the Russian Federation state that an employee in connection with pregnancy and the appearance of a child has the right to go on maternity leave.

It, in turn, may include:

At the end of each of the possible holidays, a woman can return to work. Moreover, upon her return, she has every right to apply for exactly the position that she held before the decree.

The employer, in turn, is obliged to keep her job for the entire duration of such leave (Labor Code of the Russian Federation, Article 256), does not have the right to reduce her position, dismiss the employee and hire another employee in her place for permanent basis.

How to write an application

As mentioned earlier, with the timely exit of an employee from maternity leave, no application is required from her.

By timely is meant the exit exactly on time specified in the order for the provision of the corresponding leave. Then the employee simply returns and continues to perform her labor 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 an appropriate application and agree on the exact date of return.

The application must be written in the name of the head of the organization. In it, the employee needs to reflect her desire to start work before the end of maternity leave, and indicate the specific date of the expected return to work.

1. “I ask you to allow the early termination of my leave to care for a child up to 1.5 years (up to 3 years) and return to work duties from __.__.____. for a full time job."
2. Or: “In connection with the early exit to work and the resumption of official duties from __.__._____ I ask you to interrupt my parental leave up to 3 years (up to 1.5 years) ahead of schedule. Consider the last day of vacation as __.__.____.

If there is such a statement, an order or order is issued on the early exit of the employee 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. Therefore, it can have an arbitrary form with the obligatory content of only certain details and items.

Most importantly, it should reflect information that the employee starts work ahead of schedule. The employee is introduced to the contents of such an order against signature, after which she can start working 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 to do and what to expect for a young mother if she has not yet returned from a vacation provided to care for her first child, and is already expecting the second?

Can she go from one maternity leave to another without resuming employment? What to do for this and what payments to expect?

If an interesting situation occurred before the end of the first maternity leave, then after a certain period of time, a woman can again take maternity leave and receive the appropriate allowance.

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, a second child allowance would be more desirable.

In order to go on maternity leave again, but with a second baby, a pregnant woman needs to write an application at her place of work.

It must contain a request to terminate parental leave early and grant a second maternity leave.

But here, too, there is one feature - if you don’t want to lose the allowance for the first child, then another family member, for example, a grandmother, grandfather or father of a baby, can go on an 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 period of maternity leave ends, the woman will continue to receive benefits for the first child. But now, payments for the second newborn and 1.5 years will also be added to its amount.

In the event that the second pregnancy occurred towards the end of the parental leave, the situation is even better. Then the woman simply smoothly transitions from one vacation to the second, that is, from maternity leave to maternity leave.

To do this, it is also necessary to submit an application to the place of work with a request to issue a maternity and sick leave. Then all due benefits are drawn up and accrued by analogy with the first case.

It should be remembered that there are minimum amounts of payments during the care of both the first and second child.

The allowance calculated in the organization where the maternity worker worked should in no case be lower than established by the Legislation amounts.

Particular attention should be paid to the second pregnancy, since the amount of the allowance for the second child is much higher than for the first.

Is it possible to go 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 a child, can carry out labor activity with part-time work. She is also given the opportunity to work from home during this period.

If the employee has a desire to leave the vacation ahead of schedule with the condition of part-time work, then she and the employer must sign an additional agreement to the current employment contract.

It should include the following points:

• duration of daily working hours;
• duration working week;
• mode of work and rest;
• size wages during part-time work.

During this period, the salary of an employee must correspond to the actual hours worked or be calculated in proportion to the amount of work performed by her at that time (Labor Code of the Russian Federation).

Saving allowance

The labor legislation of the Russian Federation provides for the preservation of benefits in case of early exit of a woman to work.

But this condition is valid only if the employee returns not on a full-time basis, but on a part-time basis (part-time work).

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.

What to do if the employer does not take to the previous place of work

A woman, going on maternity leave, probably expects that her employer will be conscientious and honest. And after the period of the decree, she will be able to return to her workplace in her previous position.

Unfortunately, the realities of the modern world say quite the opposite. Often, the management of the company, pursuing its 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 like it more when employees devote themselves entirely to work, and after maternity leave, a woman has many other problems and worries not related to work.

In addition, many young children often get sick, which means constant sick leave and interruptions from the work process.

In the end, the company may undergo some kind of personnel transfer, reorganization, reductions and other events.

Regardless of the reason for such reluctance, the employer grossly violates the Norms labor law RF, namely Article 256.

It states that while a woman is on leave granted to care for a child, she must retain her position without fail.

At this time, she can neither be fired, nor reduced, nor hire another employee on a permanent basis in her place (Article 261 of the Labor Code of the Russian Federation).

If this nevertheless happened, and the employer is categorically against the return of the employee from maternity leave, the following options can be considered:

1. Write a complaint to Labor Inspectorate, and then the violator will be obliged to restore such an employee in her previous position and comply with the terms of her employment contract.
2. Quit, only not of their own free will, but by agreement of the parties or by reduction.

In the first option, the State Labor Inspectorate in 100% of cases will be on the side of the employee, since there is gross violation her rights and norms of the Labor legislation.

The only question is whether she wants to work in her former place after such a return, and how her colleagues and superiors will treat her. Most likely, the situation will be extremely unfavorable.

In the second case, the emphasis is placed precisely on the fact that if a woman nevertheless decided to quit, then a statement of her own free will is not an option here.

It is necessary to try to negotiate with the employer for dismissal by agreement of the parties or as a result of a reduction.

Then if a woman at the time of the search new job registers with the Employment Center, then unemployment payments to her will be much higher than as a result of dismissal of her own free will.

Any woman on maternity leave should study in detail and in detail all the nuances and features of her situation.

As well as the norms of the current Legislation relating to this. This is required in order to know all your rights and, if necessary, be able to defend your interests.

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2. If the plans are kindergarten, it will be useful to visit there in advance with the baby, introduce him to the teachers, go to the group, greet other children. Let the child know with whom he will communicate and where to spend his time in the future.

3. Start changing your daily routine. The child should be taught to fall asleep and wake up without a mother. Let one of the relatives, for example, dad or grandmother, take care of the important process of laying. If the baby has to go to kindergarten, arrange for him at home at the same time as in the garden. The same applies to the feeding schedule.

4. Distribute to all people who will be involved in the care of the child, leaflets with emergency numbers and all available own numbers. At the same time, you should not call home every five minutes to make sure everything is in order.

A very common fear of a young mother when returning to work from maternity leave is to “run” the house, deprive the child and other households of their usual comfort. Just decide for yourself that you will have to forget about perfectionism in household chores, and not a single child will be upset because the things in his closet are not laid out in perfect order, and the toys in the nursery are not lined up. Try to plan your new rhythm of life so that you can find more time to communicate with your child, but at the same time so that devastation does not begin in your house.

1. Do not leave "for later" unresolved everyday problems: By the time you go to work, the house should not be piled up with piles of unironed linen, unpaid bills, or items in need of repair. Check in what condition and replenish it; take inventory of essentials; replenish stocks of vegetables and cereals that are stored for a long time. Make small homemade preparations - for example, dumplings or lecho, which will help you not spend a lot of time cooking at first.

2. Adopt the Fly lady system (“flying housewife”). Many women are skeptical about the "scientific" way of cleaning, but in vain: she teaches rational use own time in the process of putting things in order. And think about devices that can save you precious time. Do not think that all of them are “unnecessary luxury items”: for example, the most inexpensive egg cooker or slow cooker will prepare a simple but healthy hot breakfast for all households instead of you, leaving you extra time to get ready for work.

3. And most importantly, don't be afraid to ask for help. Explain to your family that from now on you will not be able to devote much time to household chores, and therefore responsibilities in the family will now be distributed in a new way. Involve your child more actively - even a three-year-old kid is quite able to collect his own scattered things or cubes with cars.

How painful your exit from maternity leave will be for your baby depends on many factors. Including on how much you managed to accustom him to independent actions. It has been noticed that if the mother decides to leave the decree for work during the period when the child begins, then this helps to resolve the issue less traumatically.

The laundry is washed by the machine, the husband takes on half of the duties after work, I collect the children in the garden, he takes him away, he cooks dinner, at this time I walk with the children (or vice versa). From the first days, our everyday life is divided into two, somehow it’s not a burden, these are ordinary everyday things. And I will always find time for myself!

The kid, as it were, declares to the whole world “I myself!”, And it is in your power to direct his new worldview in the right direction. “Of course, you can sit on the potty yourself, change clothes.” These are the minimum skills, without which both the child and the working mother will have a hard time, and which must be instilled in advance. But even returning home after a stressful labor day, you can and should continue to hone these skills, and for this you need to learn to “switch” yourself.

After finishing work, devote ten to fifteen minutes to yourself - for example, get some air on a bench in the park. Or, when you come home, lie down for a while, let yourself relax. Then proceed to the evening affairs, in which the child who missed you must certainly take part. Let him spin around when cooking dinner, a little cleaning.

No matter how tired you are, do not shorten the usual “evening rituals”: ​​the baby must be sure that he will definitely hear that you comb his hair, kiss and stroke his back.

Your weekends should also be filled with emotions: take your child to the park, to the pool or to playgrounds. Talk to him more, delving into every little detail of his "new" life. Play together, indulge, laugh, and then the positive emotions received will help both you and the baby survive the “separation” of the next working week.

Maternity leave and parental leave radically change the life of a working woman. The legislation establishes some measures to protect this category of persons, including special conditions labor. Managers, accountants, personnel workers must bear these special conditions in mind in order to properly renew employment relations with an employee. In this publication, N.V. Fimina, a lawyer, an expert on taxation, summarizes and analyzes the norms of the law regarding the exit of the “maternity leave” to work. The 1C methodologists explain how such relationships should be formalized in the 1C: Salary and HR 8 program.

How to apply for a job?

The current legislation provides for the following types of vacations granted to a woman who has given birth to a child:

• maternity leave (constituent, according to general rule, 140 calendar days);
• parental leave up to 1.5 years;
• leave to care for a child up to 3 years.

Leave to care for a child under 1.5 years old ends on the day when the child is one and a half years old. This is important to know for the purposes of calculating the child care allowance. For example, a child was born on January 10, on July 10 of the following year he turned one and a half years old.

Therefore, in July, the monthly allowance must be paid for 10 calendar days.

A similar position is set out on the website of the FSS of the Russian Federation

Leave to care for a child under 3 years of age ends on the child's birthday, when he or she is three years old. The employee must return to work the next business day. For example, if the child is three years old on Saturday March 10, 2012, then with a five-day working week with two days off (Saturday, Sunday), the employee must start work on March 12, 2012 (Monday).

Before maternity leave, the employee writes a statement addressed to the head of the organization, in which he indicates the start date and end date of the leave, and personnel worker issues a leave order. At the same time, if an employee is granted leave to care for a child, she can either immediately ask for leave until the child reaches the age of three years, or take first leave for care until the child reaches the age of 1.5 years (see Fig. 1), and then once again write an application for an extension of the vacation (Fig. 2).

Rice. 1

Rice. 2

To apply for an extension of leave until the child reaches the age of three, you must click the button at the bottom of the screen To correct.

In the new, corrective document, the end date of the vacation and the end date of the payment of benefits should be changed to three years - see fig. 2.

You can immediately issue an order for a vacation of up to three years in the 1C: Salary and Human Resources Management 8 program, indicating the end dates and the entire vacation and periods of payment of benefits up to one and a half and three years.

Pay attention to filling in the checkboxes in the order form. The right to apply the 2010 rules ceases as of 2013.

In order for the earnings of previous policyholders to be taken into account in the calculation, you must not only check the appropriate box in the order form, but also enter certificates from previous policyholders in the menu Calculation of salaries by organizations - Absences - Certificates of other insurers on earnings(See Fig. 3).

Rice. 3

Since the minimum benefit amount depends on whether the child was the first, you should indicate this by checking the appropriate box.

As a result of this order, information will be entered into Information register-Planned accrual of employees of organizations. The program will generate records of benefits accrual, parental leave without pay, and termination of basic accrual payments (for example, salary payments) for the duration of the order.

If an employee returns to work at the end of maternity leave, no additional documents are required (a separate order to exit the decree is also not needed). For the duration of maternity leave, the employee retains her place of work, and as soon as the leave ends, she must, in the usual manner, begin her official duties.

Sometimes the employee decides to go to work ahead of schedule. Most often, we are talking about the early termination of parental leave. For example, if she previously wrote an application for leave to care for a child under 3 years old, and goes to work after the child is two years old.

In this case, two documents are required:

• statements of the employee about the early exit from work;
• the order of the head on early exit to work (indicating the date of exit).

In the program "1C: Salary and personnel management 8" follows on the basis of the document Order for parental leave enter document Changing the terms of payment for parental leave(see Fig. 4).

Rice. 4

At the same time, on the Planned accruals tab there will be a record of the Register of information - Planned accrual of employees of organizations about the resumption of payment for the main accrual (Payment according to salary, for example, starting from the date the vacation order was changed (Fig. 5).

Rice. 5

Early exit of an employee to work can be beneficial to the employer. For example, if the "maternity leave" is a valuable qualified employee. However, in most cases, the early termination of maternity leave for the employer becomes a headache.

Most often, an employee under a fixed-term employment contract is taken to the place of the “maternity leave”. When an employee leaves, you need to formalize his dismissal under paragraph 2 of part 1 of article 77 of the Labor Code of the Russian Federation. At the same time, the “conscript” turns out to be the most unprotected of all participants labor relations. It turns out that this employee, with a well-known period of parental leave, does not know specific deadline the end of his employment contract, which means that he cannot plan to search for vacancies for employment with another employer.

Therefore, the question is whether it is possible to refuse an employee who wants to go to work before the end of maternity leave. There are two points of view on this.

Some experts believe that it is impossible to refuse an employee, since Article 256 of the Labor Code of the Russian Federation fixes the right of a woman to use her leave both in full and in part.

Others believe that since neither Article 256 of the Labor Code of the Russian Federation, nor other articles of the Labor Code contain norms on the obligation of the employer to issue an early termination of leave at the request of the employee, this is not necessary.

Moreover, if at the conclusion of a fixed-term employment contract with an employee who was taken in the place of a “maternity worker”, the exact date of the end of the employment contract was indicated, corresponding to the end date of maternity leave, the employer may have problems. Formally, he cannot fire a “conscript”, even if the “maternity leave” has already gone to work.

In our opinion, if an employer has received a woman's application for a job, he simply does not have the legal grounds to refuse her. That is, the first point of view is more reasonable.

Being on leave for care is only a right, but not an obligation of the employee, and providing it is the obligation of the employer if there is an application from the employee. To prevent possible conflict situations when concluding a fixed-term employment contract with an employee taken in the place of a “maternity worker”, the wording “until the employee leaves parental leave” should be used. The exact date It is better not to indicate the end of the vacation.

If in the program "1C: Salary and personnel management 8" in Setting accounting options the mode for controlling the number of staffing rates has been set, do not forget to monitor the state of the checkbox when placing orders for parental leave Release for the period of vacation the rate in the staffing table.

What should I do if an employee cannot go to work?

It happens that parental leave is over - the child is three years old - and the mother cannot go to work. For example, if we are talking about a single mother who did not receive a ticket to kindergarten, or if the child turns three years old, for example, in March, and he can go to kindergarten from September.

In this case, the woman turns to the employer with a request to postpone the return to work. Is the employer obligated to comply with this request?

Let's figure it out in order. If an application was received from a woman, which, in fact, implies an extension of the vacation (the woman cannot go to work), the employer is not obliged to satisfy this application.

The legislation provides for the preservation of the employee's place of work and position precisely for the period of maternity leave and parental leave.

The employer can meet the woman halfway by giving her leave without pay for the period until the circumstances preventing her from returning to work are eliminated. However, it is important to understand that this is a right and not an obligation of the employer. The legislation establishes a closed list of cases when providing leave at one's own expense is the responsibility of the organization (entrepreneur-employer). The situation under consideration is not included in this list.

Another thing is if a woman asks to partially release her from work, to establish a part-time regime for her (part-time work or part-time work week).

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail any restrictions for employees in the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Most often, the establishment of part-time work is the right of the employer. However, in some cases, the administration of the organization (entrepreneur-employer) is obliged to establish such a regime for an employee. This must be done as requested:

• pregnant woman;
• one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
• an employee who cares for a sick family member in accordance with a medical report.

Thus, the employee has the right to switch to part-time work after the decree.

The legislation also does not provide for a minimum working time during the week. Theoretically, an employee who worked 40 hours a week before the decree could ask the employer to reduce her working week by 39 hours. That means only one hour a week. Naturally, with payment only in proportion to the time worked, if the employee is time payment labor.

If an employee has received an application to establish a part-time working regime for her, it is necessary to draw up an additional agreement to the employment contract with her (Article 72 of the Labor Code of the Russian Federation). In addition, it may be necessary to make changes to internal documents if they contain a list of employees for whom part-time work is in effect.

Recall that if the part-time regime is established by agreement between the employee and the employer on the basis of Article 93 of the Labor Code of the Russian Federation, then it is not required to send a notification of the establishment of the part-time regime to the employment service. Similar explanations are contained in the letter of Rostrud dated May 17, 2011 No. 1329-6-1.

In the 1C: Payroll and HR 8 program, the part-time mode is set when setting up Schedule options.

It is necessary to set up a part-time schedule and in the document Personnel movement of employees of organizations indicate that the employee works exactly according to this schedule.

What to do if it is impossible to provide the previous work?

While on maternity leave, a woman retains her place of work and position (Articles 114, 256 of the Labor Code of the Russian Federation). Therefore, the employee must return from vacation to the same position from which she went on vacation.

If the previous job is not provided to her, we are talking about downtime due to the fault of the employer. Downtime that occurred through the fault of the employer should be paid in an amount not less than 2/3 of the employee's average earnings (part 1 of article 157 of the Labor Code of the Russian Federation). Interest may be charged for delays in payment, just as in the case of any other delay in the payment of wages.

If an employee is simply not present at the workplace due to her own fault during paid downtime, the downtime period may not be paid. Of course, we are talking about a situation where an employee can come to work, but does not. In cases where an employee is not present at the workplace due to the fact that she does not have a pass, and she is not allowed into the office, we are talking about deprivation of the opportunity to work and the employee can obtain payment through the court.

It happens that the employee herself does not mind moving to another job after the decree. For example, to another office of the same organization, if it is located closer to her home, or to a job that provides for a smaller range of duties and responsibilities, if she is not confident in her abilities.

In this case, the question arises of how to arrange a transfer - after the employee leaves maternity leave or during the vacation period.

There are no restrictions on transfers after vacation. In this case, the requirements of the law will be met. After the decree, the employee will return to her previous job, and then a transfer will be issued by agreement of the parties to the employment contract.

However, this option is not always suitable for the employer. Especially if before the decree the employee was a financially responsible person. In this case, even with a short-term exit to work, involving full liability(for example, to the position of a cashier), we can talk about a change in the materially responsible person, which requires a mandatory inventory.

Therefore, quite often practitioners face the question: is it possible to arrange a transfer to another job during maternity leave (most often we are talking about parental leave).

The current labor legislation does not establish any restrictions on the transfer to another job by agreement between the employee and the employer, issued during the absence of the employee at work, including during maternity leave.

Therefore, such a translation is possible.

You can perform such a personnel transfer in the program "1C: Salary and personnel management 8". It is permissible to change the position and division of an employee. However, this will not change the amount of payment for the main accrual (for example, salary) because it is discontinued for the period of vacation.

The only condition is that the transfer is allowed in the absence of contraindications for health reasons. If there are such contraindications, transfer to another job is not possible even with the consent of the employee (part 4 of article 72.1 of the Labor Code of the Russian Federation). In this case, we are talking, first of all, about employees with disabilities, since in other cases the employer may not have information about the presence of contraindications to work.

The absence of an employee at the workplace does not exempt the employer from complying with the transfer procedure prescribed by law.

As a general rule, transfer is possible only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). It can be expressed by him in a statement addressed to the employer, which will set out a request for transfer to another job. Also, the employee can reflect her consent as a handwritten mark on the transfer proposal received from the employer.

To issue Required documents, interrupting maternity leave is not required.

The employee only needs to drive to the employer's office at a convenient time for her.

The written consent of the employee to the translation alone is not enough. The transfer is always associated with a change in the working conditions fixed in the agreement between the employer and the employee employment contract. Therefore, when making a transfer, it is necessary to conclude an additional agreement to the employment contract.

Should I increase salaries after the decree?

It happens that while an employee was on maternity leave and parental leave, the organization increased salaries. In this case, the question arises whether the employer is obliged to establish a new salary for the “maternity leave” after starting work.

When it changes staffing organization, the new salary for the respective position should be extended to all employees in that position. This includes employees on maternity or parental leave.

Therefore, if everyone’s salaries were increased, but there was no “maternity leave”, we can talk about discrimination in the field of wages, which is also prohibited by 132 of the Labor Code of the Russian Federation.

Moreover, non-increase in the salary of the "maternity leave" will entail infringement of the rights of other workers. Let's explain what we mean. In some cases, employees are paid in the form of average earnings. For example, on holidays, when paying for time spent on a business trip, when paying compensation for unused vacation, related or not related to dismissal, etc.

In this case, the average earnings are calculated in the manner established by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, hereinafter Decree No. 922 (see table 1).

Table 1. Algorithm for calculating average earnings*

* Average earnings for sick leave and other state benefits are calculated in a special manner.

As you can see, the second stage of the calculation includes the indexation of earnings - the accountant takes into account the salary increase that could occur:

• within the calculation period (12 calendar months preceding the month of the start of the event, which is associated with the preservation of average earnings);
• after the end of the billing period and before the occurrence of the event, which is associated with the preservation of average earnings;
• during the period of average earnings.

Indexation is performed only in one case - if the increase affected all employees of the organization (branch, structural unit) (paragraph 1, clause 16 of Resolution No. 922).

Suppose there is a department where a "maternity worker" is listed. All employees received a 20% salary increase, but she didn't. The head of the department wrote an application for a vacation, and the accountant calculates his vacation pay. If indexation is not carried out, the employee will receive as vacation pay much less than planned, and will file claims with the accounting department for incorrect calculation.

If indexation is carried out, vacation pay will be calculated in a larger amount than provided for in the legislation.

The amount of vacation pay can be taken into account when calculating income tax, but with increased vacation pay, everything is not so clear. The list of labor costs established in article 255 of the Tax Code of the Russian Federation, of course, is open, but, as follows from the article, expenses not provided for by law can be taken into account only if they are directly named in the labor or collective agreement.

By overstating expenses, the accountant reduces the amount of income tax payable, which is fraught with the accrual of penalties and fines.

Therefore, you will have to choose - either raise the salary of the "maternity leave", just like the rest, or find arguments for other employees who will suffer some financial losses.

If the "maternity leave" is listed in a managerial job, and her subordinates' salary is increased, it is all the more worth increasing the salary. We are talking, for example, about a situation where the head of a department was on maternity leave, and salaries were increased for all employees of this department. Then, after leaving the decree, the head will work with wages in a smaller amount than for ordinary workers. Although the legislation does not establish mandatory ratios between the salary of the head of a unit (department) and subordinates, this fact will certainly attract the attention of inspectors.

The fact is that when applying any system of remuneration, the wages of workers should depend on the complexity, quality and quantity of the work they perform, their qualifications and other factors. Therefore, if a decision is made not to increase the salary, the employer must take care of the justification established dimensions salaries.

As mentioned earlier, it is not necessary to change the value of the main planned accrual in the 1C: Payroll and Human Resources 8 program - the employee’s earnings while she is on vacation, because this accrual has been terminated for the vacation period and a new salary, including as a result of past indexation can be specified to an employee after she returns to work. And here one should not confuse the actual order to index the earnings of all employees and the reflection of this in the program.

How to grant leave after maternity leave?

Quite often, practitioners have a question about how to take into account the vacation experience of a “maternity leave”, whether she has the right to leave for a period of absence from work in connection with caring for a child.

To resolve this issue, you should remember which periods are included in the vacation experience and which are not.

Vacation entitlement includes:

• actual work time;
• the time when the employee did not actually work, but in accordance with the law, the place of work was retained for him (a period of temporary disability, annual paid leave, holidays etc.);
• forced absence time illegal dismissal or suspension from work and subsequent reinstatement in the previous job;
• the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;
• the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days in a working year;
• other periods of time provided for by the labor (collective) agreement or local act of the organization.

Leave does not include:

• the time an employee is away from work good reasons(including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
• the time of parental leave until the child reaches the age of three;
• vacation time without pay, exceeding 14 calendar days in a working year.

This procedure is provided for in article 121 of the Labor Code of the Russian Federation.

Thus, the period of maternity leave is included in the vacation period, but the period of parental leave is not.

Considering the issue of granting maternity leave, we will analyze three situations (see table 2).

Table 2. Annual leave"maternity leave"

How not to be afraid to go to work after the decree? How to answer the question "why exactly you" at the interview? We have answered these questions for you.

No matter how long you stay on maternity leave, sooner or later you need to go to work. It's scary, and employers don't want to hire a mother with a small child. Stop being afraid, we have prepared for you 7 evidence that characterizes a woman after the decree as a valuable employee.

1. You have a rest from work and you have a desire to work. A decree is not a vacation, but you have a rest from the bustle of work, dissatisfied customers, did not prepare reports to the authorities, did not worry about the sales plan and other points. All this time you have devoted all your time around the clock to a small child, so for most women, work is a vacation from constant care for the baby and household chores.
2. You're not going to get pregnant anytime soon and you're not going on maternity leave anytime soon. A girl who does not have a child will go on maternity leave faster than one who has children. There are few women who, after the first baby, repeat such a feat in one or two years. The employer definitely has at least a couple of years left, right?
3. Are you happy. Yes, it is directly related to work! A woman who has a beloved husband and child at home feels that her life has taken place, and she has realized herself as a mother and wife. And if the soul is calm, then everything works out with work. It is thanks to inner harmony that you work much better than many colleagues who just sit out their pants in the office, because you know for sure why and why you are here.
4. You have a desire to be fulfilled. This proof follows from point 3. Having taken place as a mother and wife, a woman boldly shows her creative fantasies and desires to improve in work and boldly satisfy her creative abilities, ambitions and desires. For many positions, this fact is a huge plus. Employers love it when an employee has a twinkle in his eye. Going to work with joy in the morning, and returning home with a happy smile in the evening is a rare success.
5. You will not look for another job. The stereotype that a woman with a small child is not the best worker has not yet been eradicated. The arguments are the same: the child is regularly sick, constant absences to the clinic, kindergarten, etc. Who needs such an employee? Therefore, if you get a job, and there is someone to stay with the child, you will not want to change jobs.
6. You are not asking for a big salary. Usually a woman goes to the same salary as before maternity leave. You do not require a large income, because you realize that you first need to gain a foothold in your place. You have to re-join the team and get used to the new rhythm of life. You do not have the opportunity to stay late at work, because the child is waiting at home.
7. You are doing a good job. After leaving the decree, the woman wants to increase her salary, so she tries to work efficiently and quickly so that the management appreciates the zeal. You do not have the opportunity to stay late at work, so everything must be done on time or in advance. And considering points 5 and 6, you are a valuable shot!

If it's time to go to work, don't worry. Enter our evidence in the appendix. After all, only you yourself should be interested in proving your effectiveness.

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