Application form for maternity benefit. At what week of pregnancy do you need to write an application at work for the provision of maternity leave: sample, sample filling and mandatory points
When employing women in an economic entity, the company's management may face a situation where the employee applies for maternity leave. Such a period should be provided to her upon presentation by a woman of a sick leave and a correctly drawn up application, since the right of an employee is guaranteed by the norms of the law.
Not a single normative act strictly fixes at what time the maternity leave for a woman should begin.
The legislation only establishes how long such a vacation can last. At the same time, it is customary to break it down into prenatal and postnatal periods. Each such part under normal conditions is 70 days.
Based on this, the woman gets the right to go out at about ten weeks before the baby's expected birthday.
The legislation establishes that this time should be determined by the gynecologist who observed the pregnancy in the antenatal clinic.
It is envisaged that at an early date a woman becomes registered. As soon as the pregnancy reaches the thirtieth week, the pregnant employee of the company receives a certificate of incapacity for work and can apply for maternity leave.
However, the personnel service must remember that it can do this at will, based on the state of health. If her well-being allows her, she can continue to work further.
At the same time, the maternity allowance can be paid to her only if she uses her right to rest. She cannot receive both salary and allowance together. In addition, there is a rule that if the vacation period starts later, it must still end within the period specified in the sick leave, no transfers are allowed.
With the consent of management, an employee who is expecting a child can switch to a part-time schedule, then the possibility of receiving benefits for her will remain. That is, she will receive payment for her work and benefits from the state.
Attention! Legislation also establishes the right of a woman before childbirth to take advantage of the queue to receive. She can do this even if she does not have such a period.
The provisions of the regulatory enactments provide for the possibility of taking leave due to pregnancy and childbirth ahead of schedule. For example, if a woman has a multiple pregnancy, she may go on maternity leave earlier than usual.
Application for maternity leave sample 2018
How to write an application for maternity leave in 2018
Consider an example that shows in detail how to apply for maternity leave.
The document can be drawn up by hand on a piece of paper, printed on a computer and signed with a pen. Often, companies have ready-made templates that can be used when compiling such documents, simply by substituting your data.
First of all, at the top of the page on the right, it is written to whom this document is addressed. Here you need to indicate the name of the position of the director of the organization, its name, and then the full name. leader, using the genitive case.
Next, stepping down the line, in the same place on the sheet, the employee writes down her position and personal data. For this, the genitive case is used.
Then again you need to step back down and write in the middle of the line the name of the document - “Statement”.
On a new line, the employee politely states her request for maternity leave. This is usually done with the phrase "I ask you to grant me maternity leave." After that, on the basis of the sick leave she has already received, she indicates in the application the dates of the start and end of the vacation.
The start date may not match the date the doctor wrote down on the sick leave. This may be due to the fact that the employee decided, after completing the sheet, to work a little more, and not immediately issue a vacation. In general, the duration of the vacation is 140 calendar days.
Then, the application must include a request for the payment of all necessary benefits - due to pregnancy and childbirth, as well as a one-time allowance due to early registration with a doctor (if the necessary certificate is issued).
Also, in the application, you need to write exactly how the employee wants to receive the amount of benefits. She can ask to transfer these amounts to the card, or give them to her in cash from the cash desk of the organization.
Attention! If a pilot project of the Social Insurance Fund is operating in the region of operation, then payments will be made directly from the fund to the salary card of this employee.
At the end of the application, write down which documents will be attached to the application. The main place here should be occupied by a sick leave.
Then the employee indicates the date when the application was drawn up and puts a signature.
Can a pregnant employee be fired?
The articles of the Labor Code that relate to the work of pregnant employees are structured in such a way as to protect their rights before the administration of the company in any disputable situation. Almost all of the described cases of dismissal prohibit, at the initiative of the company, to terminate the employment contract with a pregnant woman.
Even if the period or event upon reaching which the contract is automatically terminated has come, its actual termination will occur only after the end of the maternity leave of the employee.
If the term for concluding the contract expires before the employee goes on maternity leave, then it is terminated in the usual manner.
If a pregnant woman starts working and she has been installed, she will also be subject to a dismissal ban. This means that regardless of the results of its passage, it will not be possible to terminate the agreement with the employee for reasons of violations of labor discipline, failure to perform duties, and other reasons.
But if the employee herself writes a statement asking for it, then it can be done. In such a situation, termination of the agreement is carried out in the usual manner.
Due to the fact that the organization is obliged to notify the employee 2 months before the moment of dismissal, the warning day can be chosen so that the notification period ends on the first official day of work after leaving the vacation. The law allows on this day to carry out a dismissal, or to transfer an employee to another vacant position.
But if the organization falls under liquidation, then absolutely all employees are fired, regardless of their status and position.
The worker will still receive benefits, but she will be paid directly by the Social Insurance authority. But in this case, it will be smaller in size, since the payment will be determined not by the average salary, but based on.
Is the workplace reserved for the employee?
The Labor Code established that when an employee has filed an application for maternity leave in her organization, or she is on parental leave for 1.5 or 3 years, then for the entire period while she is at home, she will retain her position and workplace.
In order for the enterprise to function at full capacity during this period of time, another employee can be temporarily assigned to this place. To do this, you need to sign an urgent agreement with him with a period of validity no longer than the duration of the decree.
Attention! After the employee decides to continue working, the contract with the temporary worker automatically terminates. Or you can increase the staff, if there is a desire to leave this employee.
03.01.2019, 13:31
An employee of the company is pregnant and going on maternity leave. You need to write an application for maternity leave in 2019. Usually, the New Year brings with it numerous changes in legislation. Does anything change in the procedure for granting maternity leave and their documentation? How to make an application correctly? It usually takes a lot of effort to invent the right wording. To save time, we offer an application prepared by our specialists for maternity leave in 2019 (sample).
Who is entitled to leave
We must say right away that employees working under an employment contract have the right to maternity leave. Maternity leave is a period of temporary disability for a woman, when, due to motherhood, her job and position are retained in accordance with labor legislation (Article 255 of the Labor Code of the Russian Federation).
Employees of the enterprise working under civil law contracts do not have the right to maternity leave. Maternity leave is granted exclusively to the staff of the organization. Therefore, maternity leave for this category of personnel is not provided for by the current legislation (part 1 of article 2, part 1 of article 13 of the Federal Law of December 29, 2006 No. 255-FZ, subparagraph “a”, paragraph 9, paragraph 14 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).
Also, during the time the employee is on maternity leave, the average earnings are maintained.
You can read about the maximum possible maternity benefit in the article ""
For the minimum amount of maternity benefit, see "".
Average earnings is the average amount of salary paid by the employer in the billing period, as well as other remuneration, such as bonuses. Based on the average earnings, according to the algorithm established by the current legislation, benefits are calculated (part 1 of article 1.2 of the Federal Law of December 29, 2006 No. 255-FZ<Об обязательном социальном страховании на случай временной нетрудоспособности и в связи с материнством >):
- temporary disability;
- pregnancy and childbirth;
- monthly child care allowance.
Based on the application, an order is issued
We will tell you how to apply for maternity leave in 2019. The legislation does not establish a single approved form of this document, so the application can be written in any form.
Based on the application of the employee, the head of the organization will issue an appropriate order. However, one statement is not enough for this. It must be accompanied by a sick leave certificate issued in connection with pregnancy (part 1 of article 255 of the Labor Code of the Russian Federation, section VIII of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated 06/29/2011 No. 624n).
You can download a sample and form of an order to grant an employee maternity leave in the article "".
If your employee will soon become a mother, then the day is not far off when she will bring you an application for maternity leave (M&R). The employee will have to attach a certificate of incapacity for work to it, on the basis of which you will grant her leave.
Vacation duration in BiR
In general, maternity leave lasts 140 calendar days: 70 days before childbirth and 70 days after childbirth. But in some cases, it can be 156 calendar days - with a complicated pregnancy, or 194 calendar days - with a multiple pregnancy (Article 255 of the Labor Code of the Russian Federation, Part 1 of Article 10 of the Law of December 29, 2006 N 255-FZ).
In any case, the employer does not need to set the duration of the vacation for his employee. He determines it by sick leave, in which specific dates must be indicated in the table "Exemption from work."
Making a vacation in BiR with the employee retaining her workplace (position) is her right. That is, she can go on vacation both 70 days before the birth, and at a later date (within reason, of course). As long as she goes to work and performs her job duties, you should pay her wages in the same way as all the rest of your employees.
At the same time, a later departure on maternity leave does not give a woman the right to transfer it. In other words, if she goes on vacation a week later than indicated on her sick leave, this does not mean that the vacation will end a week later. The last day of vacation in this case is not transferred. In this case, the B&R benefit is paid for the actual vacation days.
Leave application
There is no unified application form for B&R leave. It is drawn up in an arbitrary form in the name of the head of the organization, indicating the dates of the beginning and end of maternity leave.
Having received an application and a certificate of incapacity for work from the employee, you will need to calculate and pay her an allowance (clause 2, part 1, article 1.4 of the Law of December 29, 2006 N 255-FZ), fill out your part of the sick leave and draw up an order to provide the employee with maternity leave and childbirth. There is no need to issue a separate order for the payment of benefits.
The vacation period for BiR is indicated in the time sheet with the letter code "P" or the numerical code "14".
After a vacation in BIR
Employees at the end of maternity leave often immediately take out a leave to care for a child. To do this, the employee will need to provide you with a copy of the child's birth certificate and an application for leave. If she decides to go to work after her vacation in B&R, then there is no need to formalize this in any way. In this case, she will have to start work on the first day after maternity leave.
The Labor Code of the Russian Federation, one of the social guarantees for the protection of motherhood and childhood, is the obligation of the employer, upon receipt of such a document as an application for maternity leave, to provide the employee with time to rest. This is a mandatory document. Only a certificate of incapacity for work does not entail the obligation to provide leave.
Most people in everyday life use the wording maternity leave and include sick leave for pregnancy and childbirth, and. However, these are different periods of rest time and they are issued by different orders. And they are initiated by different statements.
Sample application for maternity leave
Branch manager
PJSC "LoftBusinessBank"
B.V. Gataullin
Voznesenskaya Veronika Pavlovna
Application for maternity leave
Please provide me in accordance with Art. 255 of the Labor Code of the Russian Federation maternity leave from April 20, 2017 to September 06, 2017 and pay a pregnancy and childbirth allowance and a lump-sum allowance in connection with early registration in a medical institution. I am enclosing a certificate of incapacity for work and a certificate of registration.
Appendix:
- Certificate of temporary disability dated April 20, 2017, VZ series No. 56875446.
- Certificate from the antenatal clinic No. 11 dated April 20, 2017 No. 6874.
04/20/2017 Voznesenskaya V.P.
Maternity leave rules
As can be seen from the example posted above, to provide such a rest time, you will need a sick leave certificate, which is issued to all pregnant women in the antenatal clinic, where they are registered. And maternity leave is granted exclusively to women who are in labor relations.
The Labor Code of the Russian Federation provides for the duration of vacation:
140 days - when pregnant with one baby: 70 days before the expected date of birth and 70 days after;
194 days - with multiple pregnancy: 84 days before delivery and 110 after;
156 days - if the birth was complicated: 70 days before birth and 86 after. In this case, additional days of rest are issued after childbirth on a special disability certificate, the employee draws up on this basis.
Neither premature births nor their delay are grounds for reviewing the period of leave. The sick leave is issued in advance at the antenatal clinic and, together with the application for maternity leave, is presented to the employer. If a woman works, at her request, the consultation must issue the required number of disability certificates.
Taking a vacation is the right of the employee. She may not use it, continuing to go to work and receive a salary. And apply later.
Compiling an application for maternity leave
Having received a sick leave at the 30th week of pregnancy, the employee draws up an application for maternity leave. Always in writing in free form. The document makes sense to reflect the intention to receive maternity benefits. If a woman is registered with a pregnancy consultation for up to 12 weeks, she has the right to receive an additional one-time allowance (583 rubles in 2016). Then the statement is also accompanied by a certificate of this fact from the consultation (ask the doctor).
In addition to women working under an employment contract, women who are in the military service, registered as unemployed upon dismissal from their previous job due to the liquidation of an organization or reduction in the number of staff (positions), as well as students can receive maternity benefits.
An application for maternity leave is submitted to the personnel department or the head of the organization, which issues the appropriate order and provides leave until the date indicated on the disability certificate.