Is it possible to extend parental leave?

Is it possible to extend parental leave when the child reaches the age of 3 years? This problem was actively discussed in 2014, and the legislator introduced some innovations. Let's figure out how to apply them in practice.

How to extend maternity leave after 3 years

In addition to the mother, any family member or officially registered guardian can go on parental leave (hereinafter referred to as UzR) (Parts 1, 2, Article 256 Labor Code RF), who actually takes care of the child. The specified leave begins immediately after the end of the mother's maternity leave, its limit is when the child reaches 3 years of age.

In 2014, in sub. 3 p. 1 art. 11 of the Law “On Labor Pensions” dated December 17, 2001 No. 173-FZ, an amendment was made: UzR periods of up to 1.5 years are counted in the labor (insurance) length of service until a maximum of 4.5 years is reached.

In 2015, this provision ceased to apply, and a new rule appeared.

According to clause 3, part 1, art. 12 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ (hereinafter referred to as Law No. 400-FZ), all UzR periods can be a total of 6 years.

The legislator did not indicate the number of children whose care will be counted toward the length of service, so the indicated 6 years can be achieved through different combinations.

Such leaves are counted if the mother or another family member was officially employed at the time of going on maternity leave or was employed immediately after leaving leave under the UzR (Part 2 of Article 12 of Law No. 400-FZ).

Thus, labor legislation does not contain grounds for extending maternity leave after 3 years. The changes that occurred affected only the procedure for calculating the insurance period.

Application for extension of maternity leave

How to extend maternity leave after 3 years? A woman has 2 options:

Declare your desire to take annual leave (verbally or in writing). According to Art. 260 of the Labor Code of the Russian Federation, at the end of the Uzbek leave, a woman can immediately go on general leave, provided for in Art. 114 Labor Code of the Russian Federation vacation.
Contact the employer with a request to provide leave without pay in accordance with Art. 128 of the Labor Code of the Russian Federation for a specified period.

In the latter case, providing leave will be the employer’s right, not an obligation.

How to extend maternity leave? A written application for leave without pay is drawn up, which indicates:

address to the manager (his position and full name);
Full name of the applicant;
request for leave without pay (administrative leave);
number of days required, period;
the reason for such a request;
signature of the applicant and date of drawing up the application.

PLEASE NOTE! The length of service for calculating benefits will include only 14 administrative days, i.e. without saving wages, vacations. All other days will not be counted (paragraph 6, part 1, article 121 of the Labor Code of the Russian Federation).

If the header of the document says: “Application for extension of maternity leave,” this will not change the essence. The employee goes on either annual basic leave or administrative leave.

How can you extend maternity leave?

The right to maternity leave is provided for in Art. 255 Labor Code of the Russian Federation. It (leave) has a clearly defined period (70 days before and after childbirth) and is provided on the basis sick leave.

If the pregnancy is multiple, a woman has the right to go on leave already at the 28th week of pregnancy, i.e. 84 days before giving birth, and remain on it for another 110 days after the birth of the children.

Extension of maternity leave is possible only in exceptional situations:

Complicated childbirth, as a result of which the standard 140-day sick leave (vacation) under the BiR is extended by another 16 days. The list of situations recognized as complicated childbirth is indicated in the instructions, approved. Ministry of Health of the Russian Federation dated April 23, 1997 No. 01-97.
The birth of two or more children, although the birth of only 1 child was originally intended. Sick leave (vacation) is extended by 54 days - from 140 to 194.

There are no other reasons to extend the vacation.

If one of the above situations occurs, the woman receives recommendations in the maternity hospital, according to which the antenatal clinic will subsequently extend the sick leave.

Extension of maternity leave to 3 years and combining it with work

The right to extend maternity leave to 3 years can be exercised as follows:

At first, the woman goes on UzR leave for 1.5 years, and then extends it to 3 years.
Here it is worth remembering that she will receive UzR benefits for the first 1.5 years of being on vacation, after which she will only be able to receive compensation provided for by the Decree of the President of the Russian Federation “On the amount...” of May 30, 1994 No. 1110 (unless a local act of the enterprise provides financial support for employees on maternity leave and after the child reaches 1.5 years of age).
A woman who went to work without waiting for her child’s 3rd birthday can go on vacation again at any time until the child turns 3 years old, i.e., extend it.

According to Part 3 of Art. 256 of the Labor Code of the Russian Federation, a woman can combine UzR leave with part-time work or at home, while receiving both benefits and a salary. The duration of the shortened working day is determined by the enterprise independently.

If the child is less than 1.5 years old, then a shortened working day of more than 3 hours can be reduced due to the need to feed him (Article 258 of the Labor Code of the Russian Federation). The length of time for feeding is determined depending on the number of children of the corresponding age and is subject to payment based on average earnings.

Is it possible to extend maternity leave due to illness? Read on.

Is it possible to extend maternity leave due to employee illness?

The presence of sick leave gives the employee the right to transfer/extend vacation for as many days as he was on sick leave (Article 124 of the Labor Code of the Russian Federation). This rule applies to annual payments provided in accordance with Art. 114 Labor Code of the Russian Federation vacation.

This provision is enshrined in paragraph. 6 clause 40 of the order, approved. by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n: a certificate of incapacity for work is not issued if a woman (or other person) is on leave in Uzbekistan.

However, the same norm contains a reservation: an employee who combines UzR leave with part-time work or at home is issued a sick leave certificate. The following is worth noting here:

An employee who combines work with leave under the Labor Labor Code has the right to annual leave(Part 4 of Article 93 of the Labor Code of the Russian Federation).
Such an employee will be able to exercise his right to take annual leave only by interrupting maternity leave, since the Labor Code of the Russian Federation does not provide for the possibility of being on 2 vacations at the same time.

After the end of the standard 28-day vacation, the employee has the right to return to UzR leave again and continue to work on a reduced working day (clause 20 of the PPVS dated January 28, 2014 No. 1, letter of Rostrud dated October 15, 2012 No. PG/8139-6-1) .

Thus, an employee working while on maternity leave can:

go on paid sick leave;
extend annual leave for the period specified in the sick leave certificate (subject to the condition of interruption of leave under UzR).

The “maternity” period is not extended due to illness.

Extension of Chernobyl sick leave

A conditional extension of maternity leave after 3 years is possible by exercising the right to add additional annual leave to maternity leave by persons who are subject to the Law “On Social Protection...” of May 15, 1991 No. 1244-I (hereinafter referred to as Law No. 1244-I).

For example, according to clause 5, part 1, art. 14 of Law No. 1244-I additional permission of 14 days is guaranteed:

disabled people due to the Chernobyl disaster;
citizens who participated in its liquidation;
citizens evacuated from the exclusion zone, etc.

“Chernobyl” additional permit is granted on the same basis as the annual one - in accordance with Art. 122, 260 Labor Code of the Russian Federation. Regardless of work experience, a woman can go on additional leave immediately after the end of her UzR leave.

With regard to maternity leave, women living in the territory of the zone of residence with the right to resettlement have another measure of state support - the provision of a prenatal period of 90 days (instead of the generally accepted 70) with the provision of health measures (Clause 6, Article 18 of Law No. 1244-I). Which territory belongs to a particular zone can be found out from the list, approved. Decree of the Government of the Russian Federation dated October 8, 2015 No. 1074.

“Chernobyl” leave is provided regardless of the employee’s right to leave for harmful working conditions.

Documents for extending parental leave

When extending vacation to 3 years, interrupted for one reason or another, the employee is required to:

statement;
child's birth certificate;
a certificate from the place of work of the second parent (or parents) that he does not use UzR leave and does not receive benefits.

If an employee is going on a main (additional) vacation and the employer will have to adjust the vacation schedule, the employee needs to write an application to postpone the annual vacation to the date following the date the child turns 3 years old.

In order to exercise the right to go on “Chernobyl” leave with the choice of the date the employee needs, the applicant must have the appropriate status, which is confirmed by a special Chernobyl certificate. This status is enjoyed, for example, by workers who have suffered radiation or other illness associated with radiation exposure from the exploding Chernobyl nuclear power plant (Clause 5, Part 1, Article 14 of Law No. 1244-I).

Based on the above, we will define 3 main situations for extending parental leave. This:

Extension of leave until the child reaches 3 years of age, although it was initially given for 1.5 years.
Return to vacation interrupted by an employee who did not wait until the child reached the age limit of 3 years.
Going on a basic 28-day or administrative leave immediately after the end of UzR leave. The second type of leave (administrative) is provided strictly by agreement with the employer

This right can be exercised by the mother, father or other persons who have an official place of work and are actually caring for the child until he reaches the age of 3 years.

The insurance period taken into account when calculating the labor pension includes the first 1.5 years of the child’s life, and this can only be 6 years (a total of 4 or 5 children, if they are the same age).

Some people tolerate all the pain during contractions and pushing well, give birth to a healthy baby and go on a well-deserved rest. But sometimes circumstances arise that, one way or another, complicate the process of not only childbirth, but also postpartum care.

All this is of course very sad and such women need a long vacation. But do they have the right to hope for an extension of maternity leave, and if so, how to get it? Will they extend it? We will talk about this in today's article.

Is it possible?

Can sick leave for pregnancy and childbirth be extended?

The legislator takes into account that childbirth is a practically uncontrollable process, so permission may vary.

Undoubtedly, It’s not uncommon for mothers to undergo surgery and get sick and other problems as a result of childbirth.

What does this say about a child who can also receive various complications as a result of being born.

Let's take a look at the main cases of extending sick leave and find out what the terms of these extensions are, as well as what nuances each specific case has.

Maternity leave is the period during which an employee gives birth to a child and cares for him for up to 1.5 or 3 years. Recently, women on maternity leave have the opportunity to extend maternity leave until the child reaches 4 years and 6 months, however, this opportunity can only be used if the employer does not mind allowing the employee to take such unpaid leave.

In this case, maternity leave can be divided into several volume periods, each of which plays its own role in determining the duration of rest:

The first period is prenatal leave, which is provided 70 days before the expected date of birth. This type of leave is paid in accordance with the current provisions of labor legislation.
The second period is leave after the birth of a child, which is generally granted for 70 days. In exceptional cases, the rest may be extended, but there must be appropriate reasons for this. This type of leave is paid by the employer in in full.
The third period is direct care of the child until he reaches one and a half years of age. If necessary, the length of leave can be extended, but you will not be able to count on benefits and payments, since they are only due until the child reaches one and a half years of age.

Legislative innovations that establish the possibility of extending maternity leave have their advantages and disadvantages, so before “adding” a year and a half of childcare, you need to weigh the pros and cons. On the one hand, this opportunity allows you to devote more time to the child and give him the basics of education, so that in the future he can be a worthy member of society, on the other hand, no benefits or allowances are provided for the additional time spent with the child. At the same time, it is possible to issue a maternity leave not only for the child’s mother, but also for his father, grandmother or grandfather, if at the time of birth they remain able to work.

In this case, at the woman’s place of work, compensation payments for maternity and childbirth are paid, and leave of about 140 days is also granted, but the main leave is received by a close family member, who will subsequently look after the minor. Maternity payments are provided to the citizen who cares for the child, so it is most rational to choose for this role the family member who has the most advantageous position. The amount of monthly payments is 40% of the average monthly salary of the parent or other caregiver for the last two years or another billing period if employment occurred less than two years ago.

Legislation on the extension of maternity leave

In accordance with the provisions of Federal Law No. 81-FZ, as well as taking into account the norms and rules of Presidential Decree No. 1110, employees are entitled to maternity leave for the period established by law. At the same time, the data regulations establish that the employee own initiative has the right to apply to the employer for an extension of leave or for its reduction if the employee himself insists on this.

As a general rule, the duration of maternity leave to care for a newborn is one and a half years from the moment of his birth, with all due payments retained, but on a general basis, at the request of the employee, the period of maternity leave can be extended until the child is three years old. In some cases, it is possible to extend parental leave until the child reaches the age of six, but this opportunity is available only to those employees who were able to reach an agreement with the employer.

When maternity leave lasts beyond one and a half years, benefits and compensation payments to women or other persons providing direct care for a minor are almost completely stopped. Today, the amount of further benefits until the child reaches three years of age is only 50 rubles, which for many Russians is a ridiculous amount that virtually no one worries about. The Russian government has put forward an initiative to increase the size of the benefit to a more or less decent amount, which could be acceptable for the economic situation of today's Russia, but this “law” still remains a draft law.

Since 2018, the amount of payments per child has changed: now for every first born child an allowance will be paid in the amount of the subsistence minimum if several conditions are met, and in the case of the birth of a second and subsequent child, payments will be made from funds maternity capital. However, after one and a half years of age, no benefits will be awarded to parents.

Maternity leave can be extended

Maternity leave can be extended depending on the circumstances, so it is important to understand how and on what basis the time before and after childbirth, as well as the period of caring for a young child, is extended.

The duration of maternity leave can be increased:

*Duration of vacation*	*Grounds*	*Actual duration*
Standard	On a general basis	140 days (70 before and 70 after birth)
Extended	In case of complications
Enlarged	Multiple pregnancy

This part of the leave is recognized as sick leave, and payments are provided on the basis of a certificate of temporary incapacity for work, therefore the calculation of compensation payments occurs according to a strictly defined scheme.

Payment occurs as follows:

The average daily earnings are calculated based on a general formula, which is also applied in the case of calculating vacation pay, severance pay and other payments.
Average daily earnings are multiplied by the number of days of temporary disability leave (from 140 to 194 days).
Payment occurs on a general basis.

Important! The use of a reducing factor, in particular, the calculation of the amount of maternity benefits as a percentage of wages, depending on the total length of service, not allowed. The amount of payments depends on the average daily income of the child’s mother.

Parental leave can be divided into several stages:

Up to one and a half years. In this case, the mother or other person caring for a minor family member is entitled to compensation payments in the amount of 40% of the average income for the previous billing period.
Up to three years. In this case, the employee is entitled to a state allowance payment in the amount of 50 rubles monthly, while he retains the right to go to work, as well as maintaining his job and salary, except in cases of liquidation of the employer’s organization, including the closure of an individual entrepreneur.
Over three years. Most often, such long vacations are not assigned, but if necessary, the employee can apply to the employer to extend the vacation due to any serious life circumstances, most often the disability of a child. In this case, the employee is not entitled to payments from the employer related to maternity leave.

Parental leave is entitled to all citizens and is guaranteed by labor legislation, however, the implementation of upbringing and care must be formalized in accordance with the rules of law and only in the legal field.

Extension of maternity leave to 3 years

Standard parental leave is one and a half years, but the direct parental parent can ask the employer to extend the leave to three years.

When going on maternity leave for the first time, the child’s mother receives payments from the employer - prenatal and postnatal, which depend on the duration of temporary disability leave. After this time, the employee has the opportunity to go to work literally immediately, but most often women decide to devote themselves to the child until he reaches at least one and a half years old.

This is due, first of all, to the inability to hire a female worker who will care for the child, or to the absence of relatives who are ready to care for the baby while the woman is working. When extending leave, the mother or other person caring for the child is provided with a one-time compensation payment. No further benefits are provided.

In addition to the application, the employer must provide the following package of documents:

The child’s birth certificate, as well as certificates or passports of other children, if available.
A certificate from the second parent’s place of work, if available, which establishes the absence of payments and compensation for child care on his part.

By returning to work earlier than the established deadline, a woman can receive a number of privileges, in particular, the opportunity to perform work remotely or set a part-time schedule, however, such nuances must be provided for in an employment or collective agreement.

Application for extension of maternity leave

The application is drawn up in free form, except in cases where such documents are unified by the enterprise. It indicates the person in whose name the act is drawn up, the name of the organization, the name of the document, as well as the direct request of the woman or other close relative involved in raising and caring for a child, to extend the leave to three or more years.

If this type of document is accepted, the employer issues an order to extend care leave for a specified period. At the same time, the employee has the opportunity to be reinstated in his position at any time by drawing up a new application.

Order to extend maternity leave

An employer's order to extend parental leave for an employee is drawn up in free form or in a form unified at the enterprise. A copy of the document must be handed over to the applicant or applicant who is given the opportunity to extend the maternity leave.

The order contains the following information:

full name of the organization and its details;
name of the document;
the purpose or basis for issuing the relevant order, which, as usual, repeats the direct request from the parent;
details of the employee's application for extension of maternity leave;
the position of the head of the organization who issues the order;
manager's signature;
date of document preparation;
introductory column.

The applicant must familiarize himself with the order and then put his signature in the information column.

Extension of maternity leave to more than 3 years

Extension of maternity leave for a period exceeding three years is permitted, but most often it is granted to those citizens who can confirm an urgent need for additional care time. The main purpose of additional maternity time is to care for a disabled child who cannot go to preschool educational institution or requires special care.

Extension of leave can be done annually or once every few years, depending on the specifics of the labor relationship with the employer. Most often, the duration of maternity leave is increased to 4 years or 4.5 years. With rare exceptions, employers agree to leave without pay for employees who are parents up to 5 years of age or for children up to 6 years of age.

Payments to mothers during extended maternity leave

Payments to parents who care for a child on maternity leave are provided for up to one and a half years. When the child reaches the age of 18 months, compensation payments cease, with the exception of a meager allowance of 50 rubles monthly until the child reaches the age of three years.

After three years, the parent can apply for “children’s”, which are provided to low-income families. No other payments are provided.

The extension of maternity leave after the child has reached the age of three is not clearly defined by the current rules of the Labor Code of the Russian Federation.

When a baby is born, his mother or another person is not able to fully perform the duties of her position. For these purposes, the specified persons are provided with. The duration of such a period is determined by general rules. It is one and a half years.

At the intention of the person caring for the baby, this period can be extended until the baby is three years old. However, in this case, the caregiver will not be able to receive financial assistance, with the exception of a monthly transfer of fifty rubles at the expense of the company.

By general rules According to the Labor Code of the Russian Federation, the ability to care for a born offspring is primarily vested in its mother. This possibility is unconditional. Exception in in this case represents a situation where the mother is deprived of rights in relation to the child or abandoned him at birth.

The same opportunity is given to those persons who actually take care of the child, for example, father, grandfather. This approach is most often used in cases where, for some reason, the mother is forced to begin her work before the expiration of the granted leave period. In such a situation, the woman loses her right to receive benefits. It will go to whoever takes care of the baby.

It is not uncommon for a non-blood relative to provide care. This refers to those persons who have been recognized as official guardians by court decision. These people also have the opportunity to temporarily interrupt their professional activities and receive financial support established by law.

Interested people should note that this break can be used in full or in parts.

It is also allowed to work part-time or at the place of actual residence. In this case, a person can count on receiving budget payments.

Vacation periods

Temporary break in professional activity In connection with the birth of a baby, it can be divided into several parts. First of all, this applies to the moment when the born child has not reached the age of one year and six months.

The other part is the age range from one and a half to three years.

Such periods are conditional. According to current standards, leave to care for a newborn baby is a single period that the caregiver can use in full or in parts.

Child care leave up to 1.5 years

However, the part that falls on the child’s age up to one and a half years has its own distinctive feature. Until the child reaches the specified age limit, the mother or other person who cares for him receives financial assistance from the company, and if such a person does not work, then payments are made from budget funds.

At the same time receiving cash may lose the right to financial assistance from the company if:

the person was relieved of his position and dismissed from the organization, the reason for the dismissal does not play a role in this case;
the company was completely liquidated.

The opportunity to receive financial support both from the company and from the state budget will be lost if the recipient of the funds is deprived of rights in relation to the child based on a court decision.

If the person caring for a child works in several enterprises, for example, then support is provided by each organization.

When a person applies for help at the wrong time, the required amounts for the last six months will be recalculated.

Otherwise, the specified period has no differences. Throughout its entire duration, the person does not fulfill the duties of his position. At the same time workplace is retained by him. During the entire vacation period, a worker cannot be fired, except in cases of liquidation of the company.

Vacation from 1.5 years to 3 years for a child

Quite often, mothers extend maternity leave to 3 years.

In most cases, this approach is used in cases where a person is not satisfied with the earnings and the workload is quite large.

Also, another common reason is the fact that the mother does not have the opportunity to enroll her baby in preschool childcare facility, or the person is lonely and simply has no one to leave the baby with.

In such circumstances, people extend the break in professional activity until the child reaches that age.

This is everyone’s right, and refusal on the part of the manager in this case is not allowed.

The interested recipient needs to know that no financial assistance will be provided to him at such times. The exception in this case is a monthly payment of fifty rubles at the expense of the organization. The indicated amount was determined quite a long time ago, was not subject to adjustments and therefore has lost its relevance.

This gap has no other features. The person also does not go to work, but the position remains with him.

Procedure for extending leave

To extend maternity leave, the interested employee should perform several fairly simple but mandatory steps.

Since this procedure, one way or another, affects the professional activity of the employee, the latter needs to inform the manager of his intention. The general established form of such notification is. The text of the application must indicate:

name of the organization;
information about its manager - last name, initials;
information about the initiator - what is their name, what position does they hold;
the request itself to extend the break to care for the baby;
personal signature, date of registration of the application.

After this, an order of appropriate content must be drawn up and approved by the head of the organization. The initiator must be familiarized with such a document against signature.

Then, notes on the extension of leave are entered into the personal registration card and time sheet.

Depending on the intention of the employee, you can indicate a request for a monthly payment of fifty rubles from the company’s funds.

Is it possible to extend the vacation after 3 years?

Some people, for personal reasons, seek to extend after the baby is 3 years old.

It is immediately necessary to make a reservation that the current standards do not give a positive answer to the question of whether this type of break can be extended.

According to the Labor Code of the Russian Federation, the maximum period of interruption of professional activity is three years. Therefore, the interested person cannot count on an extension.

However, you can use other periods to increase the amount of time you spend caring for your baby.

First of all, this refers to rest and recovery. A woman can use it immediately after her break to care for the baby, thereby extending her absence for another month.

Anyone can interrupt their activities without maintaining payment of earnings, that is, take days. Such a period is determined by agreement between the parties.

It should be noted that managers rarely and reluctantly do this.

At the same time, the legislation provides for the right of the manager to stipulate possible reasons and the timing of the extension of leave of this nature in internal rules, for example, in a collective agreement.

In other cases, it will be impossible to subsume your break under the concept of caring for a baby after the latter has crossed the three-year age barrier.

Extension of sick leave after childbirth

After the vacation period is over, many mothers do not want to go back to work. There may be various reasons: from reluctance to part with the baby to the need to continue caring for him if there is no way to rely on this. Additional difficulties are posed by issues of restoring health after childbirth, especially in severe forms of pregnancy.

To extend maternity leave, in general, there are the following options:

may be more than 70 days after birth, if any complicated birth (86 days) or pregnancy was multiple (110 days);
after completing maternity leave, the mother can use hers, provided annually to each employee, if this right was not used by her before going on maternity leave.

Conclusion

Practice shows that almost every woman uses one or another opportunity to extend her maternity leave at the birth of a baby.

In this case, as a rule, acceptable ones are used, the diagrams of which are presented) or corresponding medical indications for those associated with the course of pregnancy and childbirth.