Let’s figure out what is included in the concept of “leave to care for a child up to 3 years.” It includes two periods: from birth to one and a half years and from one and a half to the age of three years. Such a division often entails the idea that these are two different holidays. This is actually not the case.
All three years and make up a full leave to care for a child up to 3 years. But still there is a difference between the two periods. It consists in the fact that until the baby is even one and a half years, his mother is paid monetary compensation, which amounts to 40 percent of her average earnings per calendar day. The allowance is calculated as follows. It is necessary to calculate the amount of income for two consecutive calendar years and divide it by 730. The average daily income of the employee will be obtained. Accordingly, the size of the monthly allowance is a product of the average daily income and the number of days in a month. This amount should not be less than 2453.93 rubles if the family has one child, and 4907.85 rubles if the family has two or more children. The maximum amount of social benefits in this case is 1335.62 rubles. This period is called "paid leave to care for a child under 3 years old." After a year and a half, the FSS ceases to pay benefits. After that, the employee can only receive compensation from the employer in the amount of fifty rubles per month. This allowance up to 3 years old ceases to accrue from the month following when the child reached this age.
Also, benefits are terminated in the following cases:
- full-time work until the end of the vacation;
- upon dismissal of an employee of his own free will;
- with the deprivation of parental rights.
A complete list is established by the Labor Code.
It is worth mentioning that the right to vacation is not only a mother, but also grandparents or guardians, if they are caring for a young child. So, for example, single fathers or men, whose wives do not want to interrupt their careers, often take this opportunity. To take leave, they need to submit documents confirming the birth of the child, an application for leave and a certificate from the main, last employer of the spouse that she does not use parental leave for children under 3 years old. This right extends not only to their own children, but also to adopted children.
It is possible to use the leave in any necessary period, while the child is not yet three years old, in whole or in part.
If it is decided to terminate the leave before the age of one and a half years, then the payment of cash benefits ceases from the moment of going to work. However, caring for a child, it is possible to continue to perform their duties part-time or work from home. In this case, the employee is paid a salary corresponding to the work performed, he also retains the right to the previous receipt of benefits.
If the employee works completely the whole working day, in addition to the lunch break, he is also entitled to several half-hour breaks for feeding the child. According to the doctor’s testimony, this time can be increased up to an hour. It is possible to terminate parental leave for children under 3 years old at any time without first warning the employer. The employee must be reinstated in his previous position, or, with his consent, transferred to a new job, but with salary.