As soon as the employee is about to go on maternity leave, the employer is obliged to find her a replacement during her absence. A contract is drawn up with the person who will hold the position, which states that you can take a seat until the previous employee leaves maternity leave. It seems that everything is simple, however ... There are times when a new employee also has to leave maternity leave on maternity leave. How to be then?
What is the essence of leaving on maternity leave
Not every bosses can be prepared for the fact that the employee can go on maternity leave from the place provided, because the previous employee also became pregnant and went on vacation. By all rules, there is nothing complicated and uncanny in solving this issue.
First of all, the woman herself, who will become the mother, must go to the registry, and for a period of 30 weeks she will be issued a sick leave, which is the basis for maternity leave. Given the law, such a vacation can last 140 days, they (evenly divided into parts) are divided before the birth of the child and after.
As a rule, you can go on maternity leave from maternity leave on the same grounds as if a woman was a permanent employee in this position - there should be no infringement of rights.
After 140 days expire, it will be necessary to hand over the sick leave to the personnel department, they will issue a vacation there and pay it in full. If this kind of vacation is over and the main employee has not returned yet, then a woman can easily take leave to care for the baby, and it will end when the baby reaches three years of age.
Legal Aspects
If you carefully consider the labor code, a woman can go on maternity leave on maternity leave on a common basis. Here are the aspects to consider first:
- The main difference between the employee on maternity leave is that she assumes the position for a specified period until another employee leaves. If the authorities are trying in some way to evade responsibility to their employees, then this can be regarded as discrimination.
- The Labor Code protects the rights of an employee who is in a position, regardless of whether she is on maternity leave or permanent. Instead of a woman who decides to go on maternity leave, another person is taken in place. The law does not prohibit hiring permanent employees for replacement.
It is important to remember that maternity leave from maternity leave has a limited duration. He also has certain features.
Features of maternity leave
When going on maternity leave, the employee will first of all have to prepare a salary certificate from the previous place of work, since when paying the allowance everything will be calculated according to the standard formula. All payments are made by the employer. He has the right to reimburse cash payments from the FSS.
You can go on maternity leave from a maternity place and a foreigner, she will receive the same allowance, only her experience must be at least six months. This is an important condition!
How to get maternity leave
It is very important that you inform your employer before going on maternity leave so that he has time to find a replacement. As soon as the employer finds a suitable person, it will be possible to start collecting all the necessary documents.
To obtain a sick leave, the following points should be considered:
- You can leave a maternity leave on maternity leave only after providing a sick leave, which is taken in a state or private clinic.
- A disability doctor can write a certificate of disability, with whom the expectant mother is registered.
- Such a sheet is issued immediately as soon as the woman applied to the antenatal clinic. It is important to note that there should not be any corrections in the certificate, since such a document will not even be considered.
The sick leave must indicate the time period during which the woman will have to be on maternity leave.
Other maternity leave documents
Every woman who plans to leave the decree must remember that in accounting she will need to take a certificate of wages for the two years that she worked before, this is necessary in order to correctly calculate the allowance.
Let's consider in detail how to correctly compose a statement:
- A certain generally accepted form does not exist, which means that a statement is drawn up in an arbitrary form, but all the rules for writing an official document are necessarily followed.
- The statement at the top indicates to whom and from whom this document was sent.
- The text of the application itself must necessarily contain information that a sick leave should be presented and a allowance paid.
- In order to leave maternity leave on maternity leave, an application is submitted with the sick leave attached to it and a certificate of salary to the employer.
A decision on all documents must be made within ten days.
Employer Rights
As a rule, each employer draws up a contract indicating the period of its validity. As soon as the contract expires, the employee is fired. But if suddenly a woman provides a sick leave, which indicates that she is going to go on vacation, in connection with pregnancy and childbirth, then the contract is automatically extended.
Care on maternity leave from maternity work is carried out in accordance with the law, therefore the employer has no right to dismiss a woman in a position. The Labor Code contains the following provisions:
- If an employee who was on maternity leave decides to go to work, then a woman who is replacing her will have to be fired. Since it is prohibited by law to dismiss a pregnant woman, the boss will have to offer her another position. If the employee does not agree, then she must write a written refusal.
- If an employee manages to leave maternity leave on maternity leave before the permanent employee leaves this position, then on the day when he returns to his workplace, the contract with the temporary employee will be automatically terminated.
All these points are prescribed in the employment contract, therefore, when concluding a document, you must carefully read it.
How are payments made?
Entering the decree is necessarily accompanied by certain monetary accruals. First of all, compensation for sick leave is paid, the amount of monetary compensation is calculated from the salary for the two years that were the last included in the experience. In the event that the employee after the birth was not fired, the employer pays her a lump sum payment. This is spelled out in TC. If you go on maternity leave from maternity leave, payments shall be made in accordance with the law.
If a woman promptly turned to a gynecologist and registered for 12 weeks, then she will definitely receive everything that is due to her.
How is maternity leave granted?
The state is obliged to take care of its citizens, especially about such a category of the population as expectant mothers, therefore, payment of maternity leave is considered mandatory.
As a rule, such leave is paid once, in one large amount and it is calculated according to a certain formula. First of all, the average earnings per day are taken and multiplied by the duration of the vacation, and it is 140 days.
It is important to remember that the revenue from which tax was paid is taken into account. All calculations are clearly prescribed in the federal law, so you can contact the help of a lawyer at any time, and he will familiarize you with everything in detail.
The maternity leave is paid by the employer, and all expenses will be reimbursed to him later by the Insurance Fund. An employee may quit after paying the money, and she will not have to reimburse anything to her employer.
What is the essence of baby care leave
If a woman takes leave to care for a baby, then she is paid by the state, but only at a certain time until the child reaches one and a half years. Even if an employee was fired during this period, she still has every right to receive payments from the social insurance fund.
An employee who works on maternity leave can safely go on maternity leave on a common basis, but this will not protect her from losing her job during pregnancy or even after it. It is important to have time to go on maternity leave before dismissal, then the employee will be able to receive the same amount as the permanent employee in this position.
In any case, the expectant mother will not be left without benefits, but only its amount can be significantly less - in accordance with the law, it can equal the amount paid to unemployed women. Understanding from a legal point of view in this matter is not at all difficult, it is enough to carefully study the Labor Code and the contract that was signed when applying for a temporary job.