At the end of maternity leave, the young mother should begin her work duties. But circumstances can develop so that she can not "run away" to work. Can I take a maternity leave? How, then, will the calculations be made?
Essence of the question
By law, an employee who has gone out of maternity leave may take days of unused rest. According to Art. 260 of the Labor Code of the Russian Federation, labor time off is granted before or after the woman went to the hospital for pregnancy. Vacation can be taken for the next working year, if:
- At the time of registration of the hospital employee worked as part-time employment. The calculation is carried out for the time worked before the rest.
- If in the previous period there was unused vacation. On the basis of the statement, these days can be counted among the rest of childcare.
Leave immediately after maternity leave and another take for identical concepts. A hospital maternity is included in the experience, and rest for the care of the baby is not. The next leave after the release of the decree can be obtained according to the schedule, taking into account the time worked or to attach it to the previous sick leave.
Each officially employed employee of the organization is given 28 days of paid rest (Chapter 9 of the Labor Code of the Russian Federation). This period may be extended if the person is working in hazardous conditions. Separately, the legislation prescribes an extended leave for teachers for the summer holidays. The employer can independently increase the duration of vacation of subordinates, but not reduce. Changes are made by additions to the collective labor contract or by issuing individual orders. If an employee is on vacation, the warden cannot call him back without good reason. Moreover, the employee must agree to go to work ahead of schedule. Very often, employees are offered to divide the annual leave into two equal parts. This option is not against the law and is convenient for all parties.
Holiday after maternity leave
Consider a situation where, at the end of a baby care holiday, a mother makes a decision to take a calendar leave without taking up duties. In such a situation, you need to remember the rights and benefits. Legislation rose to protect young mothers. But employers still can refuse to provide time off.
The employee can take the next vacation after maternity leave at any time. It is enough just to write an application addressed to the director. Often there are situations when the employee worked several years before the decree without rest. Having become pregnant, she has the right to go off all days at once.
Rest for the care of the baby begins on the date of birth, which is indicated in the certificate. If the young mother does not plan to stay at home with the child, she can arrange for the first time the usual vacation. It is also possible that a woman leaves her job immediately after the decree. In this case, she was entitled to compensation for unused vacation. She can also replace the period after maternity leave with paid vacation, and then quit.
The general rule is: vacation pay is calculated on the basis of the average income for the last year worked. But the problem is that the employee did not work for about 140 days. How to calculate maternity leave?
The amount of compensation is affected by:
- salary level;
- received bonuses, allowances and surcharges;
- district coefficient;
- remuneration on the results of work;
- receiving benefits;
- one-time payments;
- travel compensation;
- awards for winning places in competitions;
- literary fees;
- food subsidy;
- funds received on the anniversary;
- interest and dividends.
The calculation process is carried out according to the standard scheme. The sum of all payments is divided by 12, and then by 29.4. The resulting number is multiplied by the number of days of rest. This will be the amount of vacation pay. The allowance is paid in the terms established by the legislation, that is, three days before the rest.
The worker, who was on holiday for the care of the baby, went to work 05.02.13. On 02/19/13 she took 12 cd recreation. The calculation of leave after maternity leave for 10 working days (80 hours) will be carried out according to the following algorithm:
- The average hourly earnings are determined by dividing the actually accrued amount by the hours worked.
- The resulting value is multiplied by the average monthly number of hours. For 2013, this value was 167.3 hours.
- Income per day is calculated by dividing the average monthly earnings by a constant value of 29.7.
- The resulting figure is multiplied by the number of days of calendar leave.
For 10 working days the employee was charged 23,000 rubles.
Average hourly earnings: 23 000/80 = 287.5 rubles.
Average monthly income: 287.5 * 167.3 = 48098.75 rubles.
Earnings per day: 48098.75 / 29.7 = 1619.49 rubles.
The total payment amount: 1619.49 * 12 = 19433.83 rubles.
If the employee did not have actually accrued wages or the entire billing period consists of excluded days, the average earnings are calculated on the basis of income earned for the previous months of work, equal in number to the calculated ones.
Consider the situation in which the employee came out of the leave to care for the baby in May 2014 and immediately took another leave. In total, she was absent 140 days before delivery and a year after them. For the purposes of calculating vacation pay, actual income earned for the period from May 2012 to April 2013 should be taken into account. If the employee went to work in April, and takes a new vacation in May, the allowance is calculated on the basis of income for the actual working days in April. If in the base period the employee received any other payments (for example, for part-time work), the benefit should be calculated on the basis of these amounts (including income for working days). Payments received from other employers are irrelevant.
Before or after
The sequence of vacations is approved by the employer and indicated in the schedule. To make changes to it, you need to write an application addressed to the director and indicate the reason for the transfer of the provision of a hospital for pregnancy. The question is, when is it better to take annual leave: after or before maternity leave?
- Rest before the birth. For the purpose of calculating the basic leave, the average earnings are calculated on the basis of the actual amounts received for the previous 12 months. Next, on the basis of the work sheet, a pregnancy benefit is calculated. The rate is 100% of average earnings for women who have worked six months. The settlement period is two previous calendar years. Thus, if the employee has been working in the enterprise for several years, then the annual rest will not affect the amount of the benefit.
- Vacation after maternity leave. After the birth of the child, the young mother is entitled to a care allowance for the baby up to 1.5 years. It is 40% of average earnings, which is calculated according to the scheme presented above. The allowance for the full month is calculated as the product of 40% of the average income by a constant value of 30.4. The leave after maternity leave is approximately 60% more than the care allowance for the baby. Rest for the period of childbirth does not affect the amount of vacation, as these payments are excluded from the calculations.
Deciding on when to go on vacation should be based on your well-being. If you have the strength and desire, continue to work, replenish the family treasury.
Vacation after 1.5 or 3 years break
In the reporting period, the employee did not work. The calculation will be based on the accrued salary before delivery. The amounts of maternity and vacation pay will not change compared to the first option. But there is one nuance that is worth paying attention to. Businesses annually index salaries. After a break of 1.5 or 3 years, the salary will increase significantly. Therefore, it makes sense to work out a couple of months (then, to calculate vacation, they will take a new period), and then go on holiday.
How to receive payments from the date of birth of the baby?
It is necessary to collect a full package of documents for the child, to apply to the accounting department at the place of work, to apply for a one-time allowance in connection with the birth of the baby. The document itself should indicate that the payment must be assigned from the date of birth of the child.
The calculation of maternity is carried out on the basis of employee earnings for the two previous years. If childbirth passes without complications, the maximum amount of benefits that you can count on for 140 days of sick leave will be 228,600 rubles. If in the base period the income of the future mother was below the subsistence minimum or was absent altogether, then the minimum wage will be used for the calculation of the benefit amount. The minimum payout in 2015 is 27455 rubles.