text: Ksenia Pechenik

Mom should know that if her child is not yet three years old, she can go to work unlimited number of times and again go on leave to care for the child. However, it is necessary to issue this leave correctly, otherwise leaving from work will be regarded as a truancy. In addition, it is useful to take certified copies of his orders from the employer - in case of future disputes.

The moment of the beginning and the termination of leave on care of the child

The law does not contain an indication of the day from which the childcare leave begins. But usually the day following the beginning of the leave to take care of the child is the day following the day of the end of the maternity leave. The day of the termination of the leave for the care of the child will be the day specified in the employer's order to provide the employee with the relevant leave.

How to apply for a childcare leave?

Leave to care for a child is a woman's right. Unauthorized departure to leave to care for a child can be regarded by the employer as a truancy. Therefore, before the expiration of maternity leave, it is necessary to report to the personnel department beforehand and to apply for leave to take care of the child. If a woman wants to sit with a child under 3 years of age, she may be asked to write two applications: the first - on granting parental leave until he is 1.5 years old; the second - on granting leave on care of the child from 1,5 till 3 years. This does not mean that she makes out 2 different holidays. This periodization is due to the peculiarities of the payment of childcare allowance.

The following documents must be attached to the application for parental leave:

A copy of the child's birth certificate (adoption)
- certificate from the place of work of the other parent, confirming that he does not use this leave.

If the leave is issued for a second child, the employer may require a copy of the birth certificate (adoption, death) of the first. This will determine the amount of childcare allowance. Having received a statement from the worker and the necessary documents, the employer issues an order to give her leave to take care of the child, which she introduces to the employee. The date of the beginning and the end of the holiday, she determines independently in the application, and these dates are duplicated in the order of the employer.

Important!All of their applications addressed to the employer must be copied and ask the employer representative to put a mark on the acceptance of these applications on your copy. The same principle should be followed with the orders issued by the employer. When acquainting yourself with orders, ask for a copy of the employer's certified copy. In practice, disputes with employers on the size of payments and on the grounds of absence of a worker at work are quite frequent. In the case of litigation, only certified copies will have the force of proof, ordinary photocopies or verbal applications for the transfer of documents to the employer have no evidentiary power.

What payments are made to the woman who is on parental leave?

Before the child reaches the age of 1.5, you receive a monthly childcare allowance of 40% of your average earnings, but not less than 1500 rubles for the first child and 3,000 rubles for the second child. The benefits are calculated on the basis of the average earnings of the employee for the last 2 calendar years. If the previous 2 years employee did not have a salary, the calculation is based on the minimum wage. In the case of care for two children up to 1.5 years, the amount of the monthly benefit is summarized. This allowance must be paid to the employee even if she has entered the workforce and is working part-time.

Important!The term for applying for a childcare benefit is no later than 6 months from the date the child reaches 1.5 years.

In addition to the monthly childcare allowance, the employee is entitled to a monthly compensation of 50 rubles. This compensation is paid throughout the leave to care for the child, until he reaches the age of 3 years at the expense of the employer. To do this, the personnel department must write an application for compensation, attach to it a copy of the order to give the employee leave to take care of the child, a copy of the birth certificate of the child.

Important!The period for applying for a monthly compensation is no later than 6 months from the date of granting a childcare leave.

Childcare leave and monthly allowance for unemployed / students / persons working under civil law contracts

A leave to take care of a child to such categories of citizens is not provided. Only persons working under an employment contract can count on him. In turn, students and unemployed persons have the right to receive childcare benefits. After appointing the benefit, they apply to the social protection bodies at their place of residence, where they write an application for a monthly allowance and provide a copy of the child's birth certificate, a certificate from the social protection authorities of the other parent (at the place of his residence) that he does not receives benefits and (if necessary) other documents.

Childcare leave and monthly allowance of a part-time worker

If a woman is employed by several employers, leave to take care of the child must be provided to her in all places of work. At the same time during this period the employee can not be dismissed on the initiative of the employer (exception - liquidation of the organization). In turn, the childcare allowance can be provided only to one of the employers at the option of the woman (it does not matter whether this place of work is the main one for her or part-time work). When applying for benefits, the employee in addition to the general set of documents must also provide a certificate from other places of work, that there she does not receive benefits. This childcare benefit differs from maternity benefits. The last is paid to all places of work.

Can a woman go on a childcare leave, for example, every 2 weeks?

Yes maybe. The law does not prohibit this. Furthermore, art. 256 LC RF   the right of a woman to use parental leave in full or in parts is enshrined. Also, the use of parental leave for the child by the child's father, grandmother, grandfather, and other relatives is permitted. And the employer can not interfere with this, he is obliged to grant parental leave as many times as the woman will apply for it. The only thing, simultaneous granting of leave on care of the child to several members of a family is not supposed. Alternately - yes, but not at the same time.

Thus, a woman should understand that she has the right to leave the leave to take care of the child as many times as necessary, and leave in it if necessary. It is not superfluous to recall that a woman with a child under 3 years of age can not be dismissed because of the reduction, even if she leaves care leave.

Employment history

Important!Going on leave to care for the child, I recommend that you ask the employer for a certified copy of your work book. Unfortunately, in judicial practice, cases when the company disappears during the holiday of a woman are not rare. The employee can not find her work book or the company director. The presence of a certified copy of the work record card can help in its restoration in the future.

Is it permitted to divide the already begun leave to care for two children between their relatives? How to arrange replacement of leave for caring for two children for a childcare leave? Does our company have to pay a monthly allowance for the care of the child to mother and grandmother?

You can give a childcare leave at the same time to both female and female twins.

Both relatives of children up to a year and a half have the right to receive a monthly allowance for the care of each child. This is confirmed by a letter of the Federal Socialist Fund of the Russian Federation of 02.05.2010 No. 02-02-01 / 08-2324.

On whom to issue a leave to care for a child, if they are twins

Leave to care for a child is provided until the age of three years (Part 1, Article 256 of the LC RF). Not only can mother use the leave.

Part 2 of Article 256 of the Labor Code states that parental leave can be used in whole or in part also:

- the father of the child;

- the grandmother;

- Grandfather;

- other relative or guardian.

Leave is granted to a relative who actually cares for the child.

In the Labor Code, there is no prohibition that one of the twins is courted by his mother, after another, for example, a grandmother.

How to arrange the distribution of parental leave

For the granting of parental leave, a statement of the employee and a copy of the child's birth certificate are required. Based on these documents, an order is issued to grant leave.

If the mother of the twins decided to continue to care for only one baby, she wrote a statement with a request to interrupt the leave for children and the provision of leave to care for one child. A sample application is given on p. 125.

Sample 1. Application for the termination of leave for childcare

Director of OOO "Story"

Lopyreva I.M.

from the accountant for the calculation of wages

Murkina I.R.

Statement

Please grant me, on March 10, 2014, leave to care for my first child, Murkina's daughter Maria Sergeyevna (date of birth: 05.03.2013).

Please assign me a monthly allowance for the care of my first child - Murkina's daughter Maria Sergeyevna.

When calculating the monthly allowance, I ask you to replace the 2013 year of the calculation period for 2011, since in 2013 I was on maternity leave and parental leave.

Application:

certificate of birth of the daughter of Murkina Maria Sergeyevna;

certificate from the workplace of the father of his daughter - Murkin Sergey Anatolyevich that he does not use leave to care for this child and does not receive a monthly allowance.

Allowance for childcare

An employee who is on parental leave for up to three years is entitled to the following monthly payments:

- monthly allowance for child care. It is paid at the expense of the FSS of the Russian Federation until the child reaches the age of one and a half years (Part 1, Article 14 of the Federal Law No. 81-FZ of 19.05.95 "On State Benefits for Citizens with Children", hereinafter - Law No. 81-FZ);

- monthly compensation payment. It is paid at the expense of the company until the child reaches the age of three years (Presidential Decree No. 1110 of May 30, 1994).

Documents for assigning a monthly childcare allowance

Suppose that the twin mother will take care of the first child, and grandmother - for the second.

Documents from my mother. To assign a monthly allowance for the care of the first child, the mother must submit:

- application for the assignment of benefits. You can ask for the grant of a benefit in the application for the interruption of leave for children and the granting of leave for the care of one child;

- the birth certificate of the child, whom mother will look after, and a copy of it;

- the birth certificate (and a copy of it) of the first child, if it is a question of receiving a benefit for the second child;

- a certificate from the place of work of the grandmother with information about which child she is taking care of.

Such a list of documents is given:

- in clause 54 of the Procedure and conditions for the appointment and payment of state benefits to citizens with children approved by Order No. 1012n of the Ministry of Health and Social Development of Russia of December 23, 2009 (hereinafter - the Procedure);

- Letter of the FSS of the Russian Federation of 20.05.2010 N 02-02-01 / 08-2324.

Note. A sample of the reference is given in the article on p. 110.

In the question, which came to the editorial office, it was stated that the grandmother and mother work in the same company. In our opinion, in this situation, a certificate from the grandmother's place of work about which child she is caring for is not needed. This will be clear from the statements of female workers.

Documents from my grandmother. To assign a monthly allowance for the care of the second child, the grandmother must submit the same documents:

- application for the assignment of benefits. To ask about the granting of grants the grandmother can in the application for granting her leave for the care of her grandson;

- the birth certificate of the child being taken care of, and a copy of this document;

- Birth certificate of the first child (and a copy thereof), if it is a question of receiving a benefit for the second child;

- a certificate from the child's workplace that he does not use leave to care for this child and does not receive a monthly allowance;

- a certificate from the child's mother's workplace with information about which child she is taking care of, if her mother and grandmother work in different companies.

Calculation of childcare allowance

The monthly allowance for childcare is 40% of the average earnings (part 1, article 15 of Law No. 81-FZ). When caring for two children, the allowance is added (part 3 of Article 15 of Law No. 81-FZ), but the total amount of the benefit:

- can not exceed 100% of the average earnings of the employee, for which insurance premiums are paid in the FSS of the Russian Federation;

- can not be less than the summed-up minimum benefit size.

In 2014, the minimum monthly allowance for childcare is:

- 2576.63 rubles. - when caring for the first child;

- 5153.24 rubles. - when caring for the second and subsequent children.

Example. The employee of LLC "Story" I.R. Murkina in May 2013, the twins were born - Masha and Petya. In the same year she had a vacation to take care of her child. To calculate the monthly childcare allowance in 2013, the accountant used the following data.

The amount of payments taken into account in the accounting period was as follows:

- 500 000 rubles. - for 2012;

- 460 000 rubles. - for the year 2011.

The number of calendar days taken to calculate the monthly allowance is 680. The sum of the average daily earnings for the calculation of benefits is 1411.77 rubles. [(500 000 rubles. + 460 000 rubles.): 680 days.].

The maximum amount of the average daily wage (part 3.3 of Article 14 of the Federal Law of December 29, 2006 N 255-FZ) is equal to 1342.47 rubles. It is less than the sum of the actual average daily earnings (1,342.47 rubles.< 1411,77 руб.), поэтому исходя из нее бухгалтер рассчитал ежемесячное пособие. Его сумма была равна 16 324,44 руб. .

Since I.R. Murkina took care of two children, the amount of benefits is summarized, but can not be higher than 100% of the average earnings of the worker.

The total amount of the benefit amounted to 32,648.88 rubles. (16 324.44 rubles x 2), it does not exceed 100% of the average earnings - 40,811.09 rubles. (1342.47 rubles x 30.4).

In March 2014, the employee decided to issue leave for care only for one child. The second child was taken care of by his grandmother - also a worker of LLC "Story".

Decision. First of all, the worker needs to write a statement. One part will be devoted to the leave to care for the child, the other - a monthly allowance.

Before we show the sample application, let us dwell on the peculiarities of this situation. To formalize the care of only one child, the employee must interrupt the previously granted leave for the two children and ask for her leave for one child.

To calculate the monthly allowance, the termination of the first care leave means the termination of the insured event. Granting a new leave to care for one child (in 2014) means the beginning of another insurance event. Consequently, the calculation period for the appointment of the monthly allowance - 2013 and 2012 is changing.

In one of the years of the new calculation period, namely in 2013, the employee was on maternity leave and childcare. Consequently, she has the right to replace this year with an earlier one, if this leads to an increase in the amount of the allowance (Part 1, Article 14 of Federal Law No. 255-FZ of December 29, 2006). For example, 2013 can be replaced by 2011. Suppose the female employee did the same. A sample application is given on p. 125.

Based on the statement of the employee and the documents attached to him, the company issued an order to interrupt the leave for caring for two children, granting leave for the care of one child and the appointment of a monthly childcare allowance. A sample of the order is given on p. 126.

Sample 2. The order to interrupt the leave for childcare

Limited Liability Company "Story"

OOO "Story"

korsakov

In accordance with Article 256 of the Labor Code of the Russian Federation

I order:

1. To terminate, on March 10, 2014, leave for the care of two children of the accountant for the calculation of the salary of I.R. Murkina:

Murkina Maria Sergeyevna (date of birth - 05/03/2013);

Murkin Petr Sergeevich (date of birth - 05/03/2013).

2. To provide IR. Murkina from March 10, 2014 leave to care for her first child - Murkina Maria Sergeyevna (date of birth - 05/03/2013).

3. To appoint I.R. Murkina since March 10, 2013 monthly allowance for the care of her first child - Murkina Maria Sergeyevna (date of birth - 05.03.2013).

Reason: statement of I.R. Murkina, MS's birth certificate. Murkina, certificate from the place of work of the father of the child SA. Murkina that he does not use leave to care for this child and does not receive a monthly allowance.

Director of LLC "Story" Lopyreva I.М. Lopyreva

With the order familiarized:

chief accountant Tomilina P.S. Tomilina

head of department Roshchina Т.М. Roshcha

accounting accountant Murkina IR Murkina

I.R. Murkina replaced the year of the settlement period. The new years of the calculation period are 2012 and 2011. These are the same years that were in the calculation period when calculating the monthly allowance for the first time.

The amount of monthly allowance for the care of the first child for a full calendar month will be 16 324.44 rubles. . The amount of the childcare benefit for the first child in March 2014 (for an incomplete calendar month) is 11,585.09 rubles. (16 324,44 rubles: 31 calendars days x 22 calendar days).

Mom again goes to the decree - who will receive benefits for senior twins

In the letter of the FSS of the Russian Federation from 05.05.2010 N 02-02-01 / 08-2324 one more interesting situation is considered.

The employee gave birth to twins. If she decides to replace the post-natal leave for parental leave, then at the same time, for example, the grandfather of children can take care of one of the babies. But if she uses full-time post-natal leave, the grandfather of children can formalize the care of one of her grandchildren only after the mother of the toddlers finish their maternity leave.

Mom of twins can go on a new vacation on maternity until the moment when the kids reach the age of one and a half years. Since the beginning of maternity leave, twins can take care of their twins at once, both grandmother and grandfather. For a while, all three relatives will legally receive child allowances.

Our worker had twins. In due time she issued a leave to take care of children until they reached a year and a half. And recently she wrote a statement that she was interrupting the leave to take care of one of the twins. Leave for the care of the second child (before reaching the age of one and a half years) is going to decorate his native grandmother - also our worker.

" № 8/2010

This material continues the series of publications about guarantees for working parents.

Dear readers, you are probably already accustomed to the fact that in the magazine we often publish materials devoted to any one topic. This allows you to consider all the nuances of the selected topic and remove all related issues.

This case is no exception. We bring to your attention the material, which consists of two parts - theoretical and practical.

In the first part - with it you will get acquainted now - we will tell you about the procedure for granting parental leave and the appointment of a corresponding manual and their documentation.

Normative base

Employees - parents of young children have the right to leave to take care of a child before reaching the age of three. Such a right is guaranteed to them by Article 256 of the Labor Code.

Conditionally leave to care for a child up to three years can be divided into two periods:

• leave to care for a child until he reaches the age of one and a half years;

leave to care for a child from one and half to three years.

The conditional division of leave into two parts is important only for the purpose of paying benefits for state social insurance. From the point of view of labor relations, this is one leave, and the legal status of the employee is the same in both cases.

Leave to care for a child up to a year and a half

Allowance for care. From the day of granting a childcare leave until the age of one and a half years is reached, the employee at the place of work receives an appropriate monthly allowance. It was established by Federal Law No. 81-FZ of 19.05.95 "On State Benefits for Citizens Who Have Children" and is paid out of the funds of the FSS of Russia.

The employer, when assigning a monthly childcare allowance, except for the said law, should be guided by:

• Federal Law No. 255-FZ of December 29, 2006 "On compulsory social insurance in case of temporary incapacity for work and in connection with maternity";
• The procedure and conditions for the appointment and payment of state benefits to citizens with children approved by Order of the Ministry of Health and Social Development of Russia from December 23, 2009 № 1012n (hereinafter - the procedure for the appointment and payment of child benefits).

Compensation of 50 rubles. A person who is on parental leave is entitled to one more monthly payment-a compensation of 50 rubles. It is established by the Decree of the President of the Russian Federation of 30.05.94 No. 1110 and is paid by a commercial organization - at the expense of the employer's funds, by a budgetary institution - at the expense of budgetary funds. Such an order is specified in the RF Government Decree No. 1206 of 03.11.94. Read more about this payment in the article " Compensation of 50 rubles to a young mother   "(" Salary ", 2009, No. 10).

Childcare leave from one and a half to three years

For the period of leave to take care of the child from one and a half to three years at the place of work of the employee at the federal level, no allowances from the funds of the FSS of Russia have been established.

Employees on leave for child care for up to three years, as already mentioned above, receive from the employer a monthly compensation of 50 rubles. Payments established by the regional authorities are received by citizens through social protection bodies of the population.

Who is entitled to childcare leave and monthly allowance?

Features of the legislation. Leave for childcare is provided in accordance with labor legislation. Only citizens who work under an employment contract can claim it.

But the circle of recipients of the monthly childcare allowance is much broader. Among them, in addition to employees working under employment contracts, students studying at full-time work are unemployed.

Important for the employer is the following. To grant leave and to assign a monthly allowance, he can only to the employee with whom he is imprisoned. An employee on leave to care for a child can work part-time and receive benefits.

Childcare leave for the part-time worker. One of the readers turned to the forum forum of the magazine "Salary" www.zarp.ru   : can a part-time person take out a leave to take care of a child before reaching the age of three years for each work place? Or, if the employer grants such leave to the main place of work, at the place of work, he must take leave without saving wages   or quit at all?

The co-worker, like any other employee, has the right to issue leave to take care of the child (Parts 1 and 2, Article 256). In the application, he can indicate any duration of such leave, for example, up to one and a half to three years. Accordingly, the employer must provide part-time leave.

As for the monthly allowance for the care of a child before reaching the age of one and a half years, the external part-time worker can receive it only from one of the employers, as well as a lump sum at the birth of the child. For each workplace, Article 13 of Federal Law No. 255-FZ of 29 December 2006 "On compulsory social insurance in case of temporary incapacity for work and in connection with maternity" allows you to pay only temporary disability allowances and maternity benefits.

Change of persons caring for the child

An employee who is on parental leave is allowed to use it in whole or in part (Part 2, Article 256 of the LC RF). If necessary, all members of the family who work under an employment contract may alternately sit with the child. But the simultaneous granting of parental leave to several members of the family is excluded (Resolution of the Constitutional Court of the Russian Federation No. 3-P of 06.02.2009).

Example 1

The leave to care for the child, the right to which arose on February 18, 2010, decided to take turns in turn PP. Gemstones (father) - employee of JSC "Volzhsky amber", E.V. Samozvetova (mother) and V.M. Efimova (grandmother) - employee of LLC "Stone Fairy Tale".

How is it necessary to grant parental leave for the said persons, if E.V. Samozvetova (mother) asked to give her a specified leave for three months (from February 18 to May 17), P.P. Gemstones (father) - for a month (from May 18 to June 17), and V.M. Efimova (grandmother) - from June 18 until the child reaches the age of three years?

Decision

In this case, there are no periods during which several family members would be on parental leave at the same time. All relatives of the child who asked for leave, are in labor relations with employers. Thus, each of them at the place of work can be granted leave according to their applications. While on leave, relatives have the right to receive monthly and monthly compensation in the amount of 50 rubles per workplace.

Documentation of parental leave and monthly allowance

Let's pass to the registration of the documents necessary for granting to the employee of leave on care of the child and appointment of corresponding payments.

Documents submitted by the employee

Documents for registration of leave   on child care, which the employee must submit to the employer:

• application for parental leave until the age of three (or shorter);

a copy of the child's birth certificate;

• a certificate from the place of work of the second parent of the child that he does not use the specified leave.

Documents for the purpose of payments. The list of documents necessary for assigning a monthly allowance for the care of a child is indicated in paragraph 54 of the Procedure for the assignment and payment of child allowances. Among them are the documents listed above. The provision of additional papers depends on each specific case. Usually the list is supplemented with the birth certificates of the previous child (s).

All requests in one statement. The employee has the right to express a request in one application:

on granting him parental leave;

• the appointment of a monthly childcare allowance and a monthly compensation of 50 rubles.

A sample document is shown below.

Documents to be issued by the employer

Based on the employee's application for the granting of parental leave, the employer issues an appropriate order. One of the options for issuing such an order is registration in an arbitrary form.

A sample order is given below.

On the use of unified forms for the preparation of primary accounting documents, you can read in this issue in the article "" The First Person "in an arbitrary form."

Start date of childcare leave

The law does not set a specific day, from which leave to take care of the child. The employee has the right to decide independently when and for how long to apply for such leave (paragraph 46 of the Procedure for the appointment and payment of child benefits). Obviously, this leave can not be granted during the period of maternity leave. This, in particular, is confirmed by the decision of the Federal Antimonopoly Service of the West Siberian District of August 21, 2006 No. Ф04-2846 / 2006 (23662-А46-34). The judges pointed out that the legislation does not provide for the imposition of holidays on maternity and childcare for up to a year and a half. The right to leave for the care of a child arises from the day following the day of completion of the maternity leave.

In turn, the employee can also interrupt maternity leave. More details about this possibility are found in the article "" Children's "leave: the choice."

Since we are talking about the date of the beginning of the leave to care for the child, say, and the day of its completion.

End date of parental leave

On which day does the childcare leave come to an end? When should I go to work for an employee after such a holiday? Similar questions from readers are regularly submitted to the editorial board of the magazine "Salary".

The employer approves the order and the start date and the end date of the parental leave. The basis for issuing an order is the employee's statement and the necessary documents.

Both the start date and the end date of the childcare leave are determined by the employee himself. So, he can ask to give him leave right after the end of the maternity leave, for example, until the child reaches the age of one and a half years. To work, the employee must leave the first working day after the end of the vacation. In our case, this is the first working day after the child reaches the age of one and a half years. With this approach, experts from the Ministry of Health and Social Development of Russia agree.

Also, going to work should be correlated with the schedule of the employee's work. If he is working in shifts, the day of coming to work after the end of the leave to take care of the child for him will be the first working day on schedule.

Example 2

Employee of LLC "Cosmeia" A.P. Romashkina is on leave to care for the child until the child reaches the age of three. When should an employee whose child is three years old on July 30, 2010, go to work - July 29, July 30 or August 2? The employee works on the schedule of a five-day workweek.

Decision

The answer to this question was given by N.Z. Kovyazina, Deputy Director of the Department of Wages, Labor and Social Partnership of the Ministry of Healthcare and Social Development of Russia in the journal Zarplata, 2010, No. 5. The leave for caring for a child before reaching the age of three years ends on July 30, Mother can spend this day at home. To work, she should go out the day after the birthday of the baby - August 2.

We fill in the time sheet

The leave to take care of the child in the time sheet (form No. T-12 or T-13) is indicated by the letter code of the coolant or the digital code 15.

If an employee on parental leave, works on a part-time basis. In this case, the time sheet at the same time you need to enter information about the leave for care, and the number of hours worked.

Note that the unified form of the report card does not allow you to reflect in it all the information necessary to record working hours for such employees, since information for each employee can be placed only in two lines, stating the following:

in the first - on attendance and non-attendance;

in the second - about the hours worked.

The third line is missing in order to reflect the period of the employee's stay on parental leave. Therefore, we recommend to change the report card, adding it with the required third line.

Example 3

Photographer LLC "Objective" O.I. Horizontova, while on parental leave, works part-time from Monday to Thursday for 4 hours (from 8.00 to 12.00), and on Friday - 2 hours (from 8.00 to 10.00). How will the time sheet for OI be filled? Horizont for the first half of June?

Decision

In June 2010, the report card will be filled in the following way (a fragment of the document completed in the first half of the month is shown below).

Changes in the form of the report card must be approved by the order of the head of the organization (Part 3 of the Procedure for the application of unified forms of primary accounting documentation approved by the Decree of the State Committee on Statistics of the Russian Federation No. 20 dated March 24, 1999). At the same time, two forms of the table can be approved: unified - for recording the working time of the main body of staff and supplemented with the necessary number of lines - to take into account the working time of employees who work in a special mode.

Care leave and length of service

Childcare leave time:

• is not included in the length of work entitling him to an annual basic paid leave (para 2, part 2, article 121 of the LC RF);
• it is not taken into account in case of early appointment of a labor pension for old age.

The period of stay on parental leave is included in general and continuous work experience and in work experience in the specialty (Part 5, Article 256 of the LC RF).

He is also counted in the insurance period for the calculation of temporary disablement allowance, pregnancy and childbirth (paragraph 2 of the Rules for calculating and confirming the length of service for determining the amount of temporary disability allowance, pregnancy and childbirth, approved by Order of the Ministry of Health and Social Development of Russia of 06.02.2007 No. 91 ).

Guarantees for dismissal

For the period of leave to care for the child, the employee retains a place of work (position) (Part 4, Article 256 of the Labor Code of the Russian Federation), that is, the employee can not be dismissed at the employer's initiative. This warranty applies to both key employees and part-time employees.

An exception can be the termination of an employment contract at the initiative of the employer when the organization is liquidated or the employer stops working as an individual (clause 1, part 1, article 81 of the LC RF).

   Compensatory payment for child care

   Holiday to care for the child

We will tell you who is given leave to care for the child and how to document it.

Employees - parents of young children have the right to holiday to care for the child   until he reaches the age of three. Such a right is guaranteed to them by Article 256 of the Labor Code.

Conditionally leave to care for a child up to three years can be divided into two periods:

• leave to care for a child until he reaches the age of one and a half years. In this case, the employee has the right to receive a monthly allowance, calculated from the average earnings and paid from the FSS, and a monthly compensation of 50 rubles.
• leave to care for a child from one and half to three years. In this case, the employee has the right only to receive a monthly compensation of 50 rubles.

Download the useful memo:
All about a lump sum allowance for the birth of a child in 2017 \u003e\u003e\u003e

Who is taking leave to care for the child?

Holiday to care for the child   is provided in accordance with labor legislation. Only citizens who work under an employment contract can claim it.

And can a part-time student arrange a "child" leave for each place of work? Or, if such leave is granted to him by the employer at the main place of work, in the place of work in combination he must take holiday   without saving wages or even quit?

The co-worker, like any other employee, has the right to issue leave to take care of the child (Parts 1 and 2 of Article 256 of the Labor Code of the Russian Federation). In the application, he can indicate any duration of such leave, for example, up to one and a half to three years. Accordingly, the employer must provide part-time leave.

But the allowance for caring for the child an external part-time worker can get only from one of the employers, as well as a lump sum at the birth of the child. For each workplace the law allows you to pay only benefits for temporary disability and for pregnancy and childbirth.

Pay attention: an employee who is on parental leave is allowed to use it in whole or in part (Part 2, Article 256 of the Labor Code of the Russian Federation). If necessary, all members of the family who work under an employment contract may alternately sit with the child. But the simultaneous granting of parental leave to several members of the family is excluded (Resolution of the Constitutional Court of the Russian Federation No. 3-P of 06.02.2009).

Making parental leave

Let's pass to the registration of the documents necessary for granting to the employee of leave on care of the child and appointment of corresponding payments.

List of documents for registration childcare leave, which the employee must provide to the employer, includes:

• application for leave;
• a copy of the child's birth certificate;
• a certificate from the place of work of the second parent of the child that he does not use the specified leave.

The list of documents necessary for assigning a monthly allowance for the care of a child is indicated in paragraph 54 of the Procedure for the assignment and payment of child allowances. Among them are the documents listed above. The provision of additional papers depends on each specific case. Usually the list is supplemented with the birth certificates of the previous child (s).

Please note: the employee has the right to express a request in one application:

• on granting him parental leave;
• the appointment of a monthly childcare allowance and a monthly compensation of 50 rubles.

A sample document is shown below.

Based on the employee's application for vacation, the employer issues an appropriate order. One of the options for issuing such an order is registration in an arbitrary form.

The leave to take care of the child in the time sheet (form No. T-12 or T-13) is indicated by the letter code of the coolant or the digital code 15.

If an employee on parental leave is part-time worker. In this case, the time sheet at the same time you need to enter information about the leave for care, and the number of hours worked.

Note that the unified form of the report card does not allow to reflect in it all the information necessary for accounting of working hours   for such employees, since the information for each employee can be placed only in two lines, stating the marks:

• in the first - on attendance and non-attendance;
• in the second - about the hours worked.

The third line is missing in order to reflect the period of the employee's stay on parental leave. Therefore, we recommend to change the report card, adding it with the required third line.

Changes in the form of the report card must be approved by the order of the head of the organization (Part 3 of the Procedure for the application of unified forms of primary accounting documentation approved by the Decree of the State Committee on Statistics of the Russian Federation No. 20 dated March 24, 1999). At the same time, two forms of the table can be approved: unified - for recording the working time of the main body of staff and supplemented with the necessary number of lines - to take into account the working time of employees who work in a special mode.

Childcare leave and work experience

The time for parental leave is not included in the work experience, which gives the right to an annual basic paid vacation (para 2, part 2, article 121 of the LC RF). In addition, it is not taken into account in the early appointment of the old-age labor pension.

The period of stay on parental leave is included in general and continuous work experience and in work experience in the specialty (Part 5, Article 256 of the LC RF).

He is also counted in the insurance period for the calculation of temporary disablement allowance, pregnancy and childbirth (paragraph 2 of the Rules for calculating and confirming the length of service for determining the amount of temporary disability allowance, pregnancy and childbirth, approved by Order of the Ministry of Health and Social Development of Russia of 06.02.2007 No. 91 ).

Guarantees for dismissal

For the period of leave to care for the child, the employee retains a place of work (position) (Part 4, Article 256 of the Labor Code of the Russian Federation), that is, the employee can not be dismissed at the employer's initiative. This warranty applies to both key employees and part-time employees.

An exception can be the termination of an employment contract at the initiative of the employer when the organization is liquidated or the employer stops working as an individual (clause 1, part 1, article 81 of the LC RF).