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Application for early leave from maternity leave. Returning to work from maternity leave Application for returning to work from leave

The procedure for recalling from vacation is regulated Labor Code only in relation to annual paid vacations (Article 125 of the Labor Code of the Russian Federation). Moreover, the main condition for such an emergency measure is the consent of the employee himself, expressed in in writing.

Regarding leaves without saving wages, or “at one’s own expense”, then the law does not provide for any specific procedure for recalling them (or terminating leave at the employee’s initiative). But this does not mean that it is not possible to interrupt such a vacation, although this is not directly permitted by the code, but it is not prohibited either. In this case, just as for paid vacations, you will need to obtain the employee’s consent to recall from vacation in in writing, since the duration of unpaid rest can only be established by agreement of both parties (Part 1 of Article 128 of the Labor Code of the Russian Federation). The employee’s consent can be formalized in the form of a mark on the notice of the need for recall if the initiative comes from the employer. If the employee himself wants to interrupt the vacation (for example, the reason for which he took it has disappeared, and he does not want to lose his salary), then his consent can be formalized in the form of a statement, on the basis of which the company will issue an order to recall him from vacation without saving wages.

Note that in practice this method is rarely resorted to - if the employee does not mind, then it is easier not to document his early exit from leave, and then provide him with the remaining days. But unlike paid time off during a vacation at one's own expense, the employee does not retain his average earnings. Therefore, if all the documents are not completed, and the employee subsequently does not take time off, he may lose wages for the vacation days that he worked.

In what form is it compiled?

Typical unified form for an application for recall from vacation is not established, so it can be drawn up in any form addressed to the head of the company.

What must be in the document

The application must indicate on what day the employee wishes to interrupt the leave granted to him without pay and return to work.

General Director of LLC "Company"

Ivanov I.I.

from an accountant
Pavlova Valentina Pavlovna

I don't mind.

Sergeeva S.S. prepare

order to terminate vacation

Pavlova V.P.

14.02.2012

STATEMENT
on termination of leave without pay

I ask that the leave without pay granted to me for the period from 02/10/2012 to 02/14/2012 be terminated early on February 14, 2012.

22.08.2019

Ways to apply for a job

The written application can be delivered in person by visiting personnel service employer. You need to make sure that the paper is accepted and registered as incoming document. In this case, it will reach the authorities, and an order will be drawn up early exit job applicant.

If there are doubts about the honesty of the employer, you can prepare two identical forms. Leave one with the employer, take the second with a mark of acceptance for yourself.

Another convenient and guaranteed method of submission is to send it by postal service in the form of a valuable letter with a description of the attachment. When delivering correspondence to the addressee, the sender receives a notification, which will act as confirmation of delivery and acceptance of the application by the employer.

In this case, the application will not be certified by the original signature, which will allow the employer not to take action to issue an order for the employee to return to work early from care leave.

Transfer deadlines

The law does not stipulate specific deadlines, which means it is possible to submit an application even the day before leaving vacation.

However, it is recommended to write an application in advance so that management has time to prepare for the exit. workplace vacationer It is possible that a temporary employee has already been hired for this position. Management should be given time to formalize this procedure correctly:

  1. Fire an emergency employee.
  2. Prepare an order for a person on maternity leave to return to work early.
  3. Recalculate the benefit amount if necessary.
  4. Prepare an additional agreement to the employment contract if the exit is for a part-time period.

How to write correctly?

The form of the document is free, written. There are no standard forms for such cases. You should take a sheet of A4 paper and with a pen write a text in the form of a request to interrupt the vacation until the child is 1.5 or 3 years old and go to work early.

In general, the form must include a number of mandatory details:

  • addressee data in the dative case - full name and position of the person representing the interests of the company, as well as the name of the organization;
  • name of the form, possibly adding a short title explaining the essence of the appeal;
  • text in the form of a petition indicating the conditions for early exit from leave;
  • personal signature;
  • day of writing.

It is important to correctly write the text of the application for early termination of maternity leave. It would be useful to provide a link to a regulatory clause that allows in a similar way go to work before the child reaches the age of 1.5 or 3 years. You need to refer to Article 256 of the Labor Code of the Russian Federation.

If the child is under 1.5 years old, then a clarification should be made in the text of the application regarding the preservation or suspension of payment of benefits.

If the age has exceeded 1.5 years, there is no need to make such a clarification, since from 1.5 to 3 years this payment is not provided.

A special case of temporary interruption of the vacation period is the simultaneous stay on maternity leave and part-time work when there is an intention to receive an annual another vacation with vacation pay. The statement explains that it is required to suspend vacation time for the period of stay in labor leave, upon completion of which child care must be restored.

Example of early interruption of vacation up to 3 years

An application by which an employee expresses a desire to suspend maternity leave for up to 3 years must contain the following information in the text:

  1. request to interrupt your vacation for up to 3 years;
  2. planned date of return to work;
  3. working conditions - full or part time;
  4. If benefits are being paid, please stop accruing them.

Sample application for leaving maternity leave for up to 3 years -.


Sample up to 1.5 years on a part-time basis

An employee has the right to wish to work. This payment is due only until the child reaches one and a half years.

If an employee chooses this method of going to work, the following should be noted in the application:

  1. release date on workplace;
  2. working conditions - wage rate, work schedule - number of working days, hours;
  3. please keep the monthly payment for a child up to 1.5 years old.


When is it not necessary to compose?

When writing an application, you should also take into account how long the parental leave was originally issued for. Some enterprises issue an order immediately until the child is 3 years old, sometimes first up to 1.5 years old, after which it is issued new order from 1.5 to 3 years.

Important! If an employee interrupts vacation due to reaching one and a half years, and the order was issued only until the child’s age, then there is no need to write an additional application for returning to work.

The employee is required to appear at work in any case: either to write an application for extending care leave to 3 years, or to resume work functions without completing any documents.

There is also no need to write an appeal when the worker goes to work after reaching the age of 3 years. This is the threshold age at which the person caring for the baby is obliged to go to work, so additionally declare or ask for something in in this case no need.

What to do if the employer refuses?

Legal authorities may refuse to accept an application if a maternity leaver wants to go to work immediately after the birth of a child while still on maternity leave. The Labor Code of the Russian Federation does not contain grounds for interrupting maternity leave, so the employer has the right to refuse.

If the application is submitted while on parental leave, then the management is obliged to accept the employee’s request and arrange for an early return to work.

If the employer refuses, you can complain to the labor inspectorate. A complaint is written indicating the violation labor legislation in part 2 of article 256 of the Labor Code of the Russian Federation.

Useful video

The features of registering early leave from leave in connection with caring for a minor are discussed in detail in this video:

Stop child care and go to work ahead of schedule possible at any time. Moreover, this action is always carried out on the initiative of the employee.

An employer cannot force an employee to leave early.

The registration of the procedure begins with a statement in which the worker declares his intention to suspend maternity leave and return to work, indicating the conditions for exit.

The employer is obliged to accept the document and satisfy the employee’s request.

If the caring employee goes to work due to the child reaching 3 years of age, then there is no need to additionally declare this event. This age of the baby is a cutoff; after this date, the employee can no longer be on parental leave.

How to write when returning to work early from maternity leave for up to 3 years?

Doesn't exist today uniform sample writing a statement, so you can draw it up in any form or according to a model developed by the employer.

Regardless of the option for going to work (full-time), there are several general information required to complete the application.

The structure of the form must comply with generally accepted standards of office work.

The form should be roughly divided into three components:

  • "cap" document - the name of the employer, full name and position of the manager are recorded, as well as information about the applicant (employee's position and full name);
  • main part, narrative - request for early exit from maternity leave care for up to 3 years and other circumstances;
  • conclusion- personal signature of the employee and date.

The application may be written by hand or typed using a computer. Corrections and crossing outs are not allowed. If a blot does occur, it is better to take a new form.

Document drawn up in 2 copies. One of them remains with the employer, the other - the employee keeps for herself in order to avoid unpleasant disputes and disagreements between the parties.

Full time sample

If a specialist wants to go to work full time (full work schedule), and the child’s age has not reached 1.5 years, then benefit payment stops.

Instead of the mother, another person can take care leave close relative capable of caring for a child.

The main condition is confirmation of the fact of child care by other persons (the employee’s spouse, grandmother, aunt).

To apply for maternity leave, a relative must provide a certificate that the woman voluntarily left her leave early.

The header of the application is drawn up as usual; the text part of the application states:

  • the period the employee is on vacation (1.5 or 3 years);
  • desired date for resuming work functions;
  • refusal of social benefits for child care.

It is important to know that you can go back to work full time for any period of time and then take maternity leave again until the child turns 3 years old. The law does not prohibit doing similar actions repeatedly.

Download a sample application about leaving a full day ahead of schedule -:

Part-time example

When returning to work part-time, the worker fills out the necessary application. In this case, follow him the right to receive benefits is retained when the child reaches 1.5 years of age.

Article 256 of the Labor Code of the Russian Federation also allows for the transfer of work to home while maintaining the due payments and position.

A shortened working day (rate) is the most common option for a specialist working with a small child. If the working day is less than the normal length, then the amount of the previously accrued benefit is retained in full.

The legislation does not establish conditions for the maximum or minimum working day to maintain child benefits.

Having hired a part-time specialist, must be drawn up additional agreement To labor contract , since the working conditions described in the agreement with the employee change.

When a worker chooses the part-time option, the following items are indicated in the text part of the application for leave from maternity leave:

  • day of going back to work;
  • conditions labor activity- rate, work schedule in days or hours;
  • request for preservation monthly allowance for a child up to 1.5 years old.

If the vacation is interrupted after 1.5 years, then the benefit clause is not indicated in the text of the application.

Payment for shortened working hours is made in proportion to the time worked. With time-based payment, only part of the salary is paid; the amount of piecework earnings directly depends on actual output.

Download a sample application about working part-time and maintaining child care -:

What to do if the director refuses?

In accordance with the Labor Code Russian Federation the employer cannot refuse in accepting an application, except in cases where the employee is still on maternity leave.

If the document is drawn up while you are on parental leave, the manager is obliged to accept the request for an early return to work ahead of schedule.

When the employer still refuses to submit an application, you should file a complaint with the labor inspectorate. The letter must indicate non-compliance Labor law, namely Article 256 Part 2.

Useful video

How to apply for early exit for work, how to write an application and draw up an order correctly, watch the video:

Conclusions

A woman or other relative who is on maternity leave until the child reaches 3 years of age has the right to repeatedly return from maternity leave ahead of schedule and go on maternity leave again (for example, due to the illness of a small child).

Each time a new application must be filled out, and the employer must accept it without fail and draw up an order.

Maternity leave is an exemption granted to a woman from her labor responsibilities in connection with pregnancy and childbirth. Today there is no such concept in the legislation, but it means 3 types of leave: for pregnancy and childbirth, for caring for a child up to one year and six months, and for caring for a child up to three years. The employee makes the decision to return to work independently, based on various circumstances. If an employee wants to return to work after maternity leave, then she needs to write an application to return to work, if not, then an application is written for a new vacation period - up to 1.5 years and a maximum of 3 years. While on such leave it is not necessary to work until last day specified in the application, but you can also go to work at any time (except for maternity leave).

Let's consider the procedure for writing an application for leaving maternity leave.

Regulatory regulation of the provision of parental leave up to 3 years

The procedure for writing an application to return to work after maternity leave

In most cases, when an employee writes an application to return to work from maternity leave, it is drawn up according to the procedure and requirements developed by the organization, since there are no developed application forms at the legislative level. The application may be written either handwritten or printed. It is recommended that the application be registered in the incoming documentation. Standard recommendations for the application form:

  • In the back right corner the addressee is reflected in this way: position of the manager, name of the organization, full name of the manager (in the dative case); further reflected from whom: position and full name of the employee (in the genitive case)
  • The name of the document is written in the center - statement
  • The text of the application where the employee writes about leaving maternity leave (if early exit, then in accordance with the leave she was on: to care for a child up to 1.5 or 3 years old, if at the end of the leave period, then it is reflected, that in connection with the child reaching the appropriate age), the date of entry to the workplace is indicated, as well as full-time or part-time work.
  • Date, signature and transcript are added

The application is signed by the manager and an order is formed on its basis.

Example of an application to return to work after maternity leave

Answers to common questions

Question No. 1: An employee who was on maternity leave filed a request with her employer for early leave. Is it possible to refuse her?

Answer: Maybe. Maternity leave is a state guarantee aimed at restoring a woman’s health through temporary cessation of work; it is paid and simultaneous payment of benefits and wages is not allowed, and the employer does not provide for the return of paid benefits. The Labor Code of the Russian Federation does not have an article on interrupting such leave, but there is the possibility of returning to work after its end (Letter Federal service on labor and employment dated May 24, 2013 N 1755-TZ).

Question No. 2: Is it possible to refuse to allow an employee to take maternity leave for up to 1.5 years, on the basis that the order is in force?

Answer: No. In accordance with Article 256 of the Labor Code of the Russian Federation, the employee cannot be denied this request.