Maternity leave is a slang, common name for leave, which legally consists of two periods: maternity leave and parental leave. The first is due to a woman before and after childbirth, it is not subject to reduction. The second can be arranged by both the mother of the baby and any relative who will take care of the child. This vacation can be interrupted at any time.
The Labor Code does not provide a direct answer to the question of early termination of parental leave. However, the employee has every right to return to her position before the end of the decree.
Reasons for going to work
The basis for early exit to work is the application. In it, a woman must express her desire to start her work duties, with the obligatory indication of the planned date. After that, the direct employer issues an order, on the basis of which the calculation of childcare benefits is terminated.
The employer does not have the right to refuse an employee an early exit to work. This is due to the fact that maternity leave is a woman's right, but in no way her duty.
In the case when the mother leaves the decree earlier than it should be, one of the relatives can go on maternity leave for her: father, grandmother, etc. It is enough to write an application at the place of work.
Also, the employer must initially think over the situation when another person was taken to the place of an employee on maternity leave. According to article 79 of the Labor Code, as soon as a woman leaves maternity leave, she is immediately obliged to take her to her legal job.
In the event that an employee who is already on maternity leave becomes pregnant again and goes on maternity leave again, she must be given a choice of two benefits: childcare or maternity.
Payment of benefits upon withdrawal from the decree
Childcare allowance is paid only if the woman who goes to work does not work full time. If the employee goes full time, no social benefits are paid.
Privileges associated with early exit from the decree
If the employee has a child under 1, 5 years old, then she can safely take a break every three hours for at least half an hour. At the same time, lunch during this time period is not counted. Also, a woman can postpone these breaks at the beginning or end of the working day. In both cases, the employee must inform the accounting department of the enterprise in writing about her desire.
The employee is not at all obliged to inform the manager in advance of her intention to withdraw from the decree ahead of schedule.
Early exit from maternity leave does not mean that after a while it will not be possible to use the rest of it. Until the child turns 1, 5 years old, a woman can return to maternity leave at any time.
