Early exit from maternity leave sample application. Early exit from maternity leave

According to Art. 256 of the Labor Code of the Russian Federation, parental leave is granted until the child reaches the age of 3 years. Is the employee entitled to write an application for withdrawal from parental leave before the expiration of this period? Yes, right. An employee can interrupt parental leave at any time and return to work. To do this, he needs to apply for withdrawal from parental leave. A sample application for withdrawal from parental leave is given below.

Does an employee have the right, having interrupted parental leave, to re-apply for this leave? Yes, right. Moreover, the employee can repeatedly interrupt parental leave and go on this leave again, until the child is 3 years old.

Sample application for withdrawal from parental leave before its end

In practice, the question is often asked: does the employee retain the right to receive state benefits in the event of early return to work from parental leave.

Answer: yes, in this case the right to receive benefits is preserved, which is expressly provided for in Art. 256 of the Labor Code of the Russian Federation.

Sample application for withdrawal from leave to care for a child up to 3 years

Below is a sample application for withdrawal from parental leave due to its end.

If you want to know the rules for granting, the procedure for applying for and exiting parental leave, I recommend that you familiarize yourself with the following video.

Coffee break: will you pass the sobriety test?

You can leave your answers in the comments below. Be careful, it's not that easy.

The procedure for recall from vacation is regulated by the Labor Code only in relation to annual paid holidays (Article 125 of the Labor Code of the Russian Federation). Moreover, the main condition for such an emergency measure is the consent of the employee himself, expressed in writing.

As for vacations without pay, or "at one's own expense", there is no specific procedure for recalling them (or terminating vacation at the initiative of the employee) by law. But this does not mean that it is not possible to interrupt such a vacation, although this is not directly allowed by the code, but it is not prohibited either. At the same time, just as for paid holidays, it will be necessary to obtain the consent of the employee to withdraw from vacation in writing, since the duration of unpaid rest can only be established by agreement of both parties (part 1 of article 128 of the Labor Code of the Russian Federation). The consent of the employee can be issued in the form of a mark on the notice of the need for recall, if the initiative comes from the employer. If the employee himself wants to interrupt the vacation (for example, the reason why he took it has disappeared and he does not want to lose wages), then his consent can be issued in the form of a statement, on the basis of which the company will issue an order to recall from vacation without saving wages.

Note that in practice this method is rarely resorted to - if the employee does not mind, then it is easier not to document his early exit from vacation, and then give him the remaining days. But unlike paid vacations during vacations, the employee does not retain average earnings at his own expense. Therefore, if all documents are not processed, and the employee subsequently does not take time off, he may lose in salary for those vacation days that he worked.

In what form is

There is no standard unified form for an application for recall from vacation, so it can be drawn up in any form in the name of the head of the company.

What must be in the document

The application must indicate from which day the employee wants to interrupt the leave granted to him without pay and go to work.

General Director of LLC "Company"

Ivanov I.I.

from an accountant
Pavlova Valentina Pavlovna

I don't mind.

Sergeeva S.S. prepare

leave order

Pavlova V.P.

14.02.2012

STATEMENT
termination of unpaid leave

I ask that the unpaid leave granted to me for the period from February 10, 2012 to February 14, 2012 be terminated ahead of schedule from February 14, 2012.

If the caregiver goes to work in connection with the child reaching the age of 3, then there is no need to additionally declare this event. This age of the baby is the limit, after this date the employee can no longer be on parental leave.

How to write in case of early return to work from a decree up to 3 years?

Today there is no single sample for writing an application, so you can draw it up in free form or according to the model developed by the employer.

Regardless of the option to go to work (full,) there are several general information required to complete the application.

The structure of the form must comply with generally accepted standards of office work.

The form is conditionally divided into three components:

• "a cap" document - the name of the employer, full name and position of the head, as well as information about the applicant (position of the employee and full name) are recorded;
• main part, narrative - a request for early exit from maternity leave for care up to 3 years and other circumstances;
• conclusion- the personal signature of the employee and the date.

The application may be written by hand or typed using a computer. Corrections and strikethroughs are not allowed. If the blot still happened, then it is better to take a new form.

Document drawn up in 2 copies. One of them remains with the employer, the other - the employee leaves for herself in order to avoid unpleasant disputes, disagreements between the parties.

full time sample

If the specialist wants to go to work full-time (full-time), and the child's age has not reached 1.5 years, then benefits are terminated.

Instead of the mother, parental leave can be taken by another close relative who is able to care for the child.

The main condition is confirmation of the fact that the child is cared for by other persons (the spouse of the worker, grandmother, aunt).

To apply for maternity leave, a relative must provide a certificate that the woman voluntarily left the leave ahead of schedule.

The “header” of the application is drawn up, as usual, in the text part of the application it is indicated:

• the period the employee is on vacation (1.5 or 3 years);
• the desired date for the resumption of the performance of labor functions;
• denial of social benefits for child care.

It is important to know that you can go to work full-time for any period and then issue a decree again until the child is 3 years old. The legislation does not prohibit doing such actions more than once.

Download sample application about leaving a full day ahead of schedule - :

Half day example

When going to work part-time, the worker draws up the necessary application. In this case, behind him remains entitled to benefits when the child reaches 1.5 years of age.

Article 256 of the Labor Code of the Russian Federation also allows for the transfer of work to home while maintaining the due payments and position.

A shortened working day (rate) is the most common option for a specialist to work with a small child. If the value of the working day is less than the normal duration, then the amount of the previously accrued benefit is retained in full.

The conditions for the maximum or minimum length of the working day to maintain the payment for the child are not established by law.

By hiring a part-time specialist, it is necessary to draw up an additional agreement to the employment contract, as the working conditions described in the agreement with the employee change.

When the part-time option is chosen for the workers, the following items are indicated in the text part of the application for withdrawal from the decree:

• day of going to work;
• working conditions - rate, work schedule in days or hours;
• a request to maintain the monthly allowance for a baby up to 1.5 years.

If the vacation is interrupted after 1.5 years, then the benefit clause is not indicated in the text of the application.

The payment for the shortened working day is made in proportion to the hours worked. With time-based payment, only part of the salary is paid, the amount of piecework earnings directly depends on the actual output.

Download sample application about working part-time and maintaining child care - :

What to do if the director refuses?

In accordance with the Labor Code of the Russian Federation the employer cannot refuse in accepting an application, unless the employee is still on maternity leave.

If the document is drawn up while on parental leave, the manager is obliged to accept a request for an early return to work ahead of schedule.

When the employer still refuses to apply, file a complaint with the labor inspectorate. The letter should indicate non-compliance with the Labor Law, namely Art. 256 Part 2.

Useful video

How to get an early exit to work, how to write an application and draw up an order correctly, see the video:

conclusions

A woman or other relative who is on maternity leave until the child reaches 3 years of age has the right to repeatedly return from maternity leave ahead of schedule and go back to it (for example, due to the illness of a small child).

Each time, a new application should be drawn up, and the employer must accept it without fail and draw up an order.