The time spent by an employed woman on maternity leave until the child reaches the age of three is included under special conditions in the length of service. Despite this social guarantee, many mothers have a need to go to work ahead of schedule. You can do this at any time - your own desire is enough. But the answer to the question of how to preserve the compensation payments received during this period requires clarification.
In the usual sense, the word "decree" refers to the entire period of a woman's release from work associated with pregnancy, childbirth and the implementation of foster care for a newborn. "Daylight saving time" begins on the day of going on maternity leave, provided for by Article 255 of the Labor Code of the Russian Federation. Then, on the basis of Art. 256 of the Labor Code of the Russian Federation follows a leave to care for a newborn. The woman must return to her work duties the day after the child turns 3 years old.
But often there are situations when the mother has a need to go to work ahead of schedule. This may be due to financial difficulties in the family, the desire to reduce the household load, the fear of losing professional skills and qualifications, as well as other equally compelling reasons. The question arises as to how and when this can be done.
Daylight saving time is divided into two periods: maternity leave and parental leave. They vary, both in terms of documentation and the nature of payments made by the organization in favor of the employee. Therefore, a woman should go on and off these vacations in different ways.
For the prenatal and postnatal period (in most cases it is 140 calendar days), a woman is released from work on the basis of a certificate of incapacity for work. During this time, she receives an allowance, which is one-time and in full paid upon presentation of a medical document to the organization.
In the narrow sense of the word "decree" is called a woman's stay "on sick leave." It is quite obvious that during this period, under no circumstances, she cannot go to work ahead of schedule. For the period of maternity leave, a woman is recognized as temporarily disabled, and her maternity payments are paid at the expense of state social insurance funds.
As soon as maternity leave ends, the woman has the opportunity to return to work. Because the further absence from the workplace must be formalized by writing an application for leave to care for a newborn.
Few of modern mothers will risk leaving a 2-month-old child without their patronage and want to take advantage of the right to continue working, having barely finished postpartum leave. Usually, women apply to the organization with an application for parental leave until the child reaches the age of 3 years. At the same time, the employee retains the right to interrupt this vacation at any time and go to work ahead of schedule. The only requirement is to notify your employer in advance of this intention. After all, a temporary employee can work in a “maternity” position, and the boss needs to make sure that there is order in the work book of the deputy.
The total three-year period for maternity leave is divided into two parts. Until the child reaches the age of one and a half years. For a while until the child is three years old. This gradation is due to the fact that these periods are financed differently. Taking care of a child up to 1, 5 years old, the mother receives an allowance every month in the amount of 40% of the average monthly wage. The source of such payments is the state social insurance funds. Along with this, she is entitled to a compensation payment of 50 rubles per month. Due to its meagerness, the compensation is rather symbolic, but the employee must also have this amount, which the employer is obliged to pay by law. If the mother interrupted the parental leave during the period when the child was not yet 1, 5 years old, then from the day she went to work, her state funding stops. She also loses the right to receive compensation from the employer. Thus, when returning to the performance of her labor functions in full, her only source of income becomes her wages. The remaining unused part of the vacation (and receiving a monthly payment) can be obtained by her father or someone from her relatives, but at the same time he must stop working. … It is unlikely that such an alignment of forces will help improve the financial situation in the family.
There are completely legal ways for a mother to start working, while maintaining social benefits:
- Go to work part-time at your workplace.
- Work for your employer remotely, performing work while at home.
- Not to return to their official duties, provided for by an employment contract, but to conclude a GPC contract for the performance of work or the provision of services.
- Work remotely (freelance).
Each of these options has advantages and disadvantages.
The law obliges the employer to meet the desire of a woman to work, fulfilling her labor functions not in full. At the same time, in order for her to retain the right to state childcare benefits, the social standard must be observed that the mother should devote most of her time to caring for the child, and not to work. So what matters is what part-time employment will look like.
Firstly, working hours should be kept not in days, but in hours. Secondly, it is necessary to calculate the duration of daily work taking into account the fact that of the time of active wakefulness of a person (14 hours a day), the mother should devote most of the time to the child. Applying the standard standard of full working time (8 hours for a 5-day week), it can be calculated that a woman's part-time work should be less than 6 hours 30 minutes, that is, daily work one hour or half an hour less than an incomplete schedule cannot be considered. And reducing the working day by minutes is generally not recognized as a measure that allows you to continue caring for a child, as well as a 4-day 8-hour schedule. From the point of view of maintaining vacation privileges, the most preferable options for an incomplete schedule (with a 40-hour 5-day work week) are: daily work lasting 5 hours; work 3 days a week for 8 hours. In the regional social insurance bodies (namely, they oversee the payment of benefits from the state budget), the work of women who left the decree before the child is one and a half years old is treated with bias. When determining the eligibility of further receiving benefits, they apply the following criterion: maternity benefits are retained if the loss in wages from a reduction in working hours exceeds the amount of the received state grant.
The performance of work or the provision of services under a civil law contract is not prohibited by law and is a very common way of earning extra money on maternity leave. A woman is free to plan her time herself so that work is not to the detriment of communication with the child. Therefore, she continues to receive maternity benefits. Such activities can be carried out both at the main place of work and in another organization. But with such cooperation, it is necessary to take into account the following. The place of work of the contractor must be specified in the contract. If this is home-based work, everything is formalized correctly. And if it is necessary to work at the location of the customer, then the requirements for registration of a part-time schedule apply. And a GPC agreement concluded with your employer should in no way replace an employment contract.
The most beneficial for mothers in terms of maintaining maternity payments is working remotely, since it does not affect the amount of time spent with the child. Lucky for those women whose employer will provide them with the opportunity to work without leaving home. And for maternity workers who will look for a side job, the problem is how to choose from a huge number of offers on the freelance job market the one that will be most acceptable.
After all, there is only one “boss” for the mother, and this “must be reckoned with”.
