Returning from maternity leave to part-time work. Returning to work after maternity leave. Procedure for leaving maternity leave

There are entire groups of job seekers who find it difficult to find work: for example, young mothers who are returning from maternity leave. We decided to find out why employers are wary of them, and which companies, on the contrary, support them.

What are employers afraid of?

There is a stereotype that an employee with a small child is more trouble than good. The employer expects two potentially negative scenarios from a young mother:

1) That the employee will not be able to devote enough time to work.
There is an opinion that a young mother will disappear all the time: either she needs a sick leave, or a day off, or a children’s party, or to pick up the child from kindergarten early. You can’t send her on business trips and asking her to stay late to finish important work won’t work either. In addition, most companies have working hours until 18:00 or 19:00, and many kindergartens require that the child be picked up before 17:00.

2) That during maternity leave the employee lost her professional qualifications.
Skills that we don't use for a while weaken. This applies to everything: driving a car, the English language, and even ordinary communication with others. Employers think: if you were on maternity leave for two years, you only took care of the child, therefore, you didn’t read professional literature, forgot English and didn’t follow current trends in your field.

Your strengths

The main task of any candidate is to prove his usefulness to the employer. The same applies to young mothers. After talking with you, the employer should get the impression that he will finally be able to fill the vacancy, delegate tasks and go about his business. Therefore, during the interview, try to focus on your strengths.

You just really want to work

Your main trump card is burning eyes. Having spent enough time with children, women are eager to work, remember forgotten things, and use their business skills. They don’t show up half a day late for work, don’t take frequent smoke breaks, and won’t leave for a “warmer place” after six months because they value stability. Women after maternity leave are happy to communicate with adults all day, have an hour for lunch and the opportunity to concentrate on work. Moreover, the longer the employee was on maternity leave, the more glad she was to return to work.

“A woman who has spent several months or years on maternity leave usually really wants to work,” Vasily Voropaev, founder of Rubrain.com, shares his experience. “She wants to take her mind off worries about the child and is ready to provide not only her own, but also his future, even if it’s only paying for a nanny or kindergarten. This is a big responsibility that forces an employee to think about her professional development.”

“After spending a couple of years at home on maternity leave, many active girls simply go crazy from the constant “Groundhog Day,” adds Valentina Ignatieva, leading HR manager at the integrated communications agency Comunica. - Therefore, they are very happy to return to the team and develop professionally. Experience shows that those who work productively remain the same after the birth of a child, so multitasking is not a problem for them. And young mothers have a much stronger sense of responsibility than their colleagues who don’t have children yet.”

You have your own strong skills

These are time management, organization, the ability to multitask and much more. Employees with small children have a number of advantages over others, says Ksenia Andreeva, HR branch of the company 1C-Rarus. “They are much more diligent than their colleagues without children, they are attentive to detail and know how to manage time effectively,” she says. - In our experience, mothers who have just returned from maternity leave cope well with tasks that require constant monitoring (for example, this may be monitoring indicators). Such employees are responsible and focused.”

Another professional advantage of women who work while caring for a child is experience in time management and speed of decision-making, adds Vasily Voropaev: “Maternity leave taught them to instantly assess the situation, solve a problem and manage their time, not procrastinate. These are very important qualities for business.”

Another undeniable advantage of mothers with small children is loyalty, says Zulfiya Yupashevskaya, head of the HR services department at BDO Unicon Outsourcing. “A woman who has a balance between work and family is unlikely to want to change jobs in the foreseeable future,” she continues. - In addition, such employees usually give 100%. It is important for them, firstly, to keep their job, and secondly, to learn new things and catch up on lost knowledge (if the maternity leave was long). Another point in favor of young mothers is their time management and prioritization skills. Well, in my experience, maternity leave also develops flexibility and negotiation skills well, and this is a big plus for any employee.”

Are you ready to seek compromises?

And look for different possible ways to solve problems. For example, work remotely for some time if a child is sick, or choose an individual, convenient work schedule together with the employer. “You can change the work schedule, you can divide the work into parts, doing it at different times of the day,” says Rail Khismatullin, president of the Tentorium group of enterprises. - You can generally organize seasonal work, leaving yourself seasons of guaranteed vacation. The majority of our distributors are women, and often young mothers with children. Of course, they should not be put on assembly line work, but this does not mean that such women should not be considered as workers at all. Young mothers are often willing to do the impossible to gain a foothold, gain promotion, experience, recommendations and a good salary. And in this respect they are often superior to men.”

If your position does not require mandatory presence in the office, agree with management that you will work remotely for the first time after returning from maternity leave. This will help both you and your child get used to new life circumstances. Some companies are absolutely fine with such a multi-stage exit from maternity leave. “We started collaborating remotely with one young mother when she was still on maternity leave,” says Natalya Zasypina, director of the marketing department at Fogsoft. - The child was then less than one and a half years old. This employee and I communicated via Skype and email. I remember that during our Skype calls, baby babble was periodically heard in the microphone, but this did not bother anyone from our company, because it did not interfere with the work process. If a person is responsible, then nothing will stop him from doing his job efficiently. By the way, this employee will soon become a mother for the second time, and we will be happy to continue cooperation when she becomes comfortable combining caring for a child with solving our problems.”

Sometimes companies accommodate young mothers and decide to transfer an employee with a small child to remote work after returning from maternity leave. Both the employee and the company can benefit from such a solution. “A girl who had been at home with her child for two and a half years came to us for an interview,” says Svetlana Antonova, head of the HR department of the Arasar company. “She applied for the position of logistician, and this is a rather stressful job: it is necessary to organize and control the movement of special equipment and equipment for construction sites throughout the country. The applicant suited us in all respects; moreover, even while on maternity leave, she was aware of, for example, current regional tariffs for transportation by trawls. We invited her to work. At first everything went well - the man’s eyes sparkled, and the work was a joy. But after about six months, her child began to catch colds regularly. St. Petersburg autumn, kindergarten - there are many reasons. Mom began a series of forced days off. Considering that the employee is very competent and responsible, we decided to transfer her to remote work with a visit to the office in case of special need. We are already in our second year of such cooperation and we can say that this decision was the right one.”

1. Immediately draw the employer's attention to the fact that you have someone to look after the child. Indicate this on your resume in the “Marital status” section, say it in a telephone conversation, and repeat it at the interview. It doesn’t matter whether it’s a grandmother, a nanny or a kindergarten, the main thing is that you have planned who the child will stay with while you work. The employer should get the impression that you have reliable assistants and a clear plan. This will put you on par with childless candidates.

Of course, you need to prepare your child for this as early as possible before leaving maternity leave: decide who the baby will stay with during your absence, and begin to accustom him to this - for example, send him to kindergarten in advance.

Resolving any family issues is a matter of your self-organization, responsibility and desire, reminds Tatyana Konakova, director of sales development at the MICE company Upjet Travel Group. “Of course, sick leave to care for a child and the need to pick up children from kindergarten are problems that lie on the surface. Employees resolve this issue on their own, so the company doesn’t even notice these difficulties.”

2. Demonstrate that you are up to date with the latest trends in your professional field. Mention what books in your specialty you have recently read, what articles or blogs you have studied, what lectures or courses you have attended. And, of course, you should prepare for going to work in advance in order to have time to refresh your knowledge.

It is best when a woman, going on maternity leave, does not completely interrupt her career, but continues to work - remotely or as a freelancer, says Natalya Storozheva, General Director of the Perspective Business and Career Development Center and teacher at the Russian School of Management. “Then she doesn’t fall out of the work process and doesn’t lose her professional form,” explains Natalya. - Nowadays, women often go on two maternity leave in a row, and after 5-6 years spent at home, it is impossible to go back to work with the same level of income as before the maternity leave. In addition, over such a period of time, skills are lost, legislation, the taxation system, business patterns and market conditions change.

3. Ask questions: during the telephone interview, during the interview, and on the first working days. Be interested in the goals and objectives of the company, take an active position. Don't be afraid to show that you don't know something. Better follow the main rule of communication: “If you don’t know, ask.”

4. Keep quiet about personal things. Not everyone is interested in knowing the details of your child's development, so don't tell every colleague about it. This news is best left for family and friends.

5. Treat your maternity leave not as “ballast”, but as a huge valuable experience: experience in time management, planning, responsibility, maintaining balance, working with a very demanding client - your own child.

The Labor Code is on your side

Yes, there are employers who do not comply with the Labor Code. Nevertheless, there is still labor legislation in Russia, and it is precisely this that protects the interests of young mothers. For example, Article 64 tells us: “It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children.” If your employer refuses you for this reason, demand a written refusal and go to court with him.

Article 259 of the Labor Code explicitly prohibits forcing pregnant women to work overtime. And if you are a woman with a child under 3 years old, then your employer can send you on a business trip or force you to work after official working hours only with your written consent.

The employer is obliged to hire back an employee who has gone on maternity leave, recalls Zulfiya Yupashevskaya, head of the HR services department at BDO Unicon Outsourcing. “We support business processes in the field of accounting. In Russia, traditionally more women work in this field. We regularly encounter the fact that some of our specialists go on maternity leave and return to work,” says Yupashevskaya. - Currently, for example, almost 20% of our total staff are on parental leave. For us, the question is not whether we will take these people back - we are obliged to do this by law. But it's not just about compliance with legal norms. It is beneficial for us to continue to cooperate with an experienced, proven person who is familiar with the team and the specifics of the business. Such an employee will not have to be trained from scratch.”

In modern and open companies, children are treated as a natural stage of employee development. Therefore, consider the “children” item on your resume as a way to show a potential employer that you can take responsibility, manage your time effectively, and stick to plans.

  • Leave date

Every woman goes back to work after maternity leave in her own way. Some continue their work as before, while others face certain problems that prevent them from returning to work.

The Labor Code contains certain clauses that are aimed at supporting working women with young children. They must be provided with special conditions at the enterprise. The management of the company where the woman works should remember this. Accountants and HR workers need to properly prepare documents to renew employment relationships with employees who have gone on maternity leave and are raising a small child.

Leave date

A woman can be granted several types of leave during pregnancy and caring for her baby until he turns 4.5 years old.

First of all, a pregnant employee is provided with sick leave for 140 calendar days. This period is divided into two parts of 70 days. Of these, one half is considered prenatal, and the second is considered postpartum. This number of days is only relevant if no problems arose at the birth of the child. If necessary, another 16 days of sick leave can be added to this period. If one mother gives birth to twins, the number of vacation days is extended by 54 days.

At the end of this period, a woman can take out maternity leave for up to 1.5 years, and then extend it until the child turns 3 years old. If absolutely necessary, a woman can extend her leave to 4.5 years. However, this period will not be paid. Here we are talking exclusively about maintaining a job and extending work experience. Maternity leave is extended, as a rule, for medical reasons.

When calculating the amount of benefits for caring for a child up to 1.5 years old, it is necessary to accurately calculate the end date of the vacation. This period ends exactly on the day when the baby turns one and a half years old. For example, the baby was born on February 15th. This means that on August 15 next year he will be exactly 1.5 years old. Thus, the benefit for July will be paid for only 15 days.

It’s a little easier with a vacation of up to 3 years. If a woman has no reason to extend maternity leave until the child turns 4.5 years old, she must begin her duties on the next working day after the child turns 3 years old. If it falls on a Friday, the job must be taken on Monday.

Before going on maternity leave, a woman needs to write an application addressed to her boss, where she must indicate the end date of the vacation period and the date when the young mother will return to work. The HR department issues an order for maternity leave. An application for all types of vacation can be written immediately or the vacation period can be extended as needed.

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Registration of extension of maternity leave and return to the workplace

If the employee decides not to write a statement for the entire period at once, then she will have to extend this period as the previous vacation comes to an end. HR employees should carefully make all changes to documents to avoid confusion in the future.

If a woman decides to return to her workplace without extending maternity leave, then no additional paperwork is needed. There is no need to create an order for the employee to return from maternity leave. While a woman is on maternity leave, she must retain her job. As soon as the vacation period comes to an end, she has the right to return to work and begin performing her duties.

If a young mother decides to go to work early, she needs to complete some paperwork. This is necessary if an order for the provision of leave was previously drawn up. For example, a woman could write an application for leave to care for her baby until he turns three years old, but decided to return to work when the child turns two.

In such a situation, the employee needs to write an application for an early return to work from the required maternity leave, and the head of the enterprise must draw up an order, which must indicate the date of release.

In some cases, an employee's early exit becomes very beneficial for the company. This applies to those options when very valuable employees are hired, and after some time they go on maternity leave. However, most of these situations become a real headache for management. The main problem is that during the period when a woman is on maternity leave, another person employed under a temporary contract does her work. As a result, he must be fired ahead of schedule in order to provide the young mother with her previous position.

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Is it possible to refuse an employee an early return to work?

There is no clear answer to this question, since from the Russian legislation there are two opposing points of view. On the one hand, a woman has the right to take advantage of her legal leave, both in full and in part. However, no one obliges the employer to give a positive answer regarding the employee’s early return to work from maternity leave.

It is also worth noting that an agreement was signed with an employee who managed to get a temporary contract for a certain period of time. The document must indicate the end date of the employment contract, so formally the employer does not have the right to dismiss a temporary employee ahead of schedule, even if the permanent employee decides to return from maternity leave.

To avoid such misunderstandings, company managers often insert special wording into the contract, the essence of which is that the temporary employee will be provided with a job until the employee returns from maternity leave. To save yourself from possible problems in the future, you should not indicate specific dates.

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If it is not possible to provide the same job?

During the period while a woman is on maternity leave to look after her baby, she must retain her job and position.

However, in some cases, providing the old place becomes impossible, and then the woman has to think about how to find a job after maternity leave. If the reason for this is the employer, he is obliged to pay the woman compensation in the amount of 60% of the average salary. At the same time, you cannot delay payments, as penalty interest will be charged for this.

If an employee is not at work due to her fault and without a good reason, downtime is not paid.

As you know, finding a job after maternity leave is quite difficult, and in cases where providing the previous job is impossible, the employer can try to negotiate a transfer with the employee. It is quite possible that there will be a vacancy in another office, which is located closer to the woman’s home, or a position will appear in the department with fewer responsibilities, but a similar salary.

If an agreement is reached, the transition from one workplace to another must be properly formalized. The translation is made by agreement of the parties.

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Increase in salary after maternity leave

During the period while a woman is on maternity leave, the company may increase wages. In this case, the employer may have a question as to whether it is necessary to raise the salary of a woman who has returned from maternity leave.

Russian legislation states that changes in the staffing table of an enterprise and an increase in the salary for a certain position apply to each employee occupying a specific position. Those persons who are on vacation are not an exception.

If the company increased wages, but an employee on maternity leave was spared, such a situation can be designated as discrimination in the field of wages.

New impressions or how to return to work after maternity leave

To work from maternity leave

If you are a happy mother on “legal” maternity and paid leave. then when the child reaches 3 years of age, he will have to again plunge into the routine of plans, reports, productivity, sales and other difficulties - he will have to go to work.

How to return to work after maternity leave?

What clauses are present in the Labor Code? What to do if the employer refuses?

How to overcome your fear and doubts? How to separate from a child? Will such separation from the mother cause health problems and emotional discomfort?

The questions can be listed endlessly. The main thing is to understand that going to work entails stress and enormous household chores. A working mother must manage everything, everywhere, and fulfill her duties impeccably.

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The procedure for returning a maternity leaver

As soon as a woman becomes pregnant, she must register with the antenatal clinic and be sure to notify her employer about the interesting situation. In the future, the woman first takes the appropriate certificate from the doctor leading the pregnancy and provides it to the employer.

This happens before going on maternity leave. At the same stage, she needs to write an application for maternity leave for a period of 3 years - as stated in Article 256 of the Labor Code of the Russian Federation. Once all the documents are completed, the woman is sent on leave, but her position is retained.

If the entire procedure for going on maternity leave took place in the presented sequence, returning to work will not be difficult - the young mother simply comes to the enterprise on the day indicated in the order and begins her duties according to her existing position.

This is a direct answer to the question of how to return to work after maternity leave 3 years later. The regulation of the presented procedure is carried out by the Labor Code - Article 256.

What if the place is busy?

Employers like to use the argument that they refuse to allow a woman to return after maternity leave because there is already an employee working in her place who is doing an excellent job. This is completely illegal.

Employers are forced to hire a new employee or shift part of the work to existing workers. When hiring a new employee, the employer must draw up a fixed-term contract, which does not indicate the end date, but specifies “until the main employee leaves.”

This means that when the main employee returns to work, the temporary one is immediately fired. If desired and possible, he can be offered another position, but it is impossible to leave him in the position of a woman on maternity leave.

What is the employer obliged to do?

Every employer must work in accordance with the Labor Code of the Russian Federation. In the case of regulating issues of pregnant women and employees on maternity leave, it is necessary to be guided by Article 256 of the Labor Code of the Russian Federation. This lists all the obligations that an employer must fulfill. The main ones include the following basics:

  • The employer must maintain a job for the woman on maternity leave.
  • During maternity leave, a position should not be reduced or replaced in order to hire another employee.
  • The decree provides a certain guarantee in the prohibition of dismissal from the enterprise.
  • An employer cannot hire a new employee to fill the position of a temporarily departed woman on a permanent basis during maternity leave.
  • When a woman leaves on maternity leave, employers are obliged, even if she did it ahead of time, to provide her with the same position as before.
  • Employers do not have the right to reduce the wages of an employee who has just returned from maternity leave, arguing that this is due to the previous tariff rates.

Read also: How to calculate salary if there was sick leave

If a woman returns from maternity leave exactly at the specified time to work, she can count on her previous position with a new tariff rate of remuneration, which is in force at the enterprise at the time of leaving.

Early return from maternity leave

According to the Labor Code of the Russian Federation, a maternity leave is presented for two periods - for a period of 1.5 years and for 3 years. If desired or necessary, the woman indicates the period of maternity leave in a statement, which is signed by the employer unconditionally.

But sometimes women prefer to hire a nanny for their child and go to work earlier than expected. How to return to work after maternity leave of up to 1.5 years?

Not much time has passed, but during this time the employer has already found a temporary replacement, promising the new employee the opportunity to work until a certain time - this is indicated by the maternity leaver herself in the application. What should the employee and the woman on maternity leave do?

A woman who wants to leave maternity leave early must write a corresponding application addressed to her employer with a desire for early exit. The application indicates the date and form of employment - full-time, full-time.

Upon completion of the application, a new order is prepared, which is signed by the employee as a sign of familiarization and with confirmation to assume previous responsibilities ahead of schedule.

On the day specified in the application. the woman returns to work in her previous position and begins her direct duties. An employee who temporarily performed the duties of a “maternity leaver” is fired. If possible, they are simply transferred to another position.

When returning to work early, the employee is subject to the same requirements both in work and in the required visiting schedule. If a woman’s child is sick, she can go on sick leave with him.

It is prohibited to leave the workplace temporarily again without appropriate statements and certificates. The argument “I left maternity leave early” is not taken into account - immediately after signing the order, maternity leave ends.

Possibility of part-time work

According to the same article 256 of the Labor Code of the Russian Federation, a woman on maternity leave can go to work part-time.

This can be achieved by writing a corresponding application addressed to the employer.

After the application, the employer draws up an additional agreement to the current employment contract.

After agreements with the employee, the agreement specifies the following basis for further work activity:

  • employee’s working hours – hours of arrival and departure are indicated
  • how many days a week will the employee work to fulfill her duties?
  • work and rest schedule - a possible or mandatory lunch break is indicated
  • remuneration – a fixed rate of remuneration for one hour of work is indicated

If she wishes to go to work part-time and draws up an additional agreement, the employee must fully comply with the conditions specified in the documents. Absence from work on one day must be compensated by working hours on another day.

In the absence of compensation, the employee may be reprimanded for violating labor discipline. The arguments “I’m on maternity leave” are not taken into account.

If a woman returns from maternity leave full-time, even early, child care benefits are terminated. Benefits are paid only in case of part-time work until the child reaches 1.5 years of age.

What if they don’t hire you back to your previous job after maternity leave?

Not all employers are so honest with their employees - some simply refuse to allow them to return to work after maternity leave, even on time. The arguments are different: there is no space, the reorganization that has taken place, possible frequent sick leave with the child and other facts. What to do in this case?

There are two ways out of the situation. The first is the need to visit the labor inspectorate and write a complaint against your employer. Labor inspectors will conduct an “investigation” and force the employer to rehire the employee.

The disadvantage of such a return is the lack of personal desire of the employee to work after such a release after maternity leave.

There is a second option, perhaps the most beneficial for the employee herself. Here it is necessary to agree with the employer on dismissal by agreement of the parties or upon the fact of layoff. In this case, when a woman joins the labor exchange, she will receive higher amounts of unemployment benefits.

The second option is the most successful, although you should not give up without a fight - the employer is obliged to reinstate you to your previous position, so you have the right to demand compliance with the rules and regulations of the Labor Code of the Russian Federation.

Psychological side of the issue

Going back to work after maternity leave is not so scary from the point of view of registration and drawing up a labor basis. What is more terrifying is the thought that you will have to completely change your previous and already familiar way of life.

If previously you were with your child 24 hours a day, now you will only spend the evenings with him. This is the first fear of a new mother - they are bored and worried about their child, as a result of which work does not go well.

The second fear of a young mother is to return to her previous place of work, where a lot has changed, new employees have arrived, the manager may have changed. Often, enterprises undergo reorganization, which forces those on maternity leave to take a new position. Combined with concern for the child, it is impossible to quickly and intelligently delve into new responsibilities. What should I do?

Go explore

To intelligence at the previous place of work

In order not to be discouraged on the first day of work, it is better to find out all the features of the job in advance.

Go to work as a “guest”. Visit the HR department to clarify the remaining position and details.

Visit your previous place of work - meet the employee who replaced you during your maternity leave.

Perhaps he will tell you about all the nuances and changes in your position.

Call work colleagues with whom you were unable to speak at work.

In a friendly and relaxed atmosphere, they can tell you more interesting information, and will also tell you all the rumors and gossip that you should sometimes know to prevent mistakes on your part.

As a result, before leaving maternity leave, it is important to find out the situation at work. If working conditions have become harsher, it will be easier to prepare for them in advance at home.

Independent preparation for difficulties

Of course, at work after maternity leave you will have to face a lot of difficulties. This includes ignorance of new employees, forgotten skills, the introduction of new technologies, simple child care, fatigue from household chores, and much more.

To partially or fully prepare for leaving maternity leave. Make a list of possible difficulties you may encounter. Try to solve them in advance:

  • send your child to a good kindergarten, hire a nanny or trust your grandmother
  • reconsider your household chores - the fact that you don’t wash the floors every day because you go to work will not make your house dirtier
  • shift some of the household chores to your husband - for example, let him do the shopping
  • meet new employees
  • familiarize yourself with new programs or equipment - you can find information on the Internet and study the instructions in detail
  • remember everything you did at work earlier

Careful preparation will prevent emotional and physical fatigue in the first days of the work week.

What should you be prepared for?

Returning to work after maternity leave is a complete change of the previous rhythm of life, priorities, opportunities, goals. What to prepare for in advance? Psychologists highlight the following inevitable changes in the life of a former “maternity leave”:

  • Change of environment - if previously for years a woman was mainly at home, now she will have to be in a foreign environment most of the time. This often leads to emotional depression, jet lag, and often health problems.
  • A change in personal status - now the woman is not a housewife who sat “on the neck” of her husband, but a self-sufficient young mother. Often, such changes make a woman “arrogant” - she stops running the house, looks after the child less, arguing this with work and high income (bringing money into the family). With a rather harsh character, quarrels with her husband are not excluded, who is not ready to “reduce his appetites” in the house, in cooking.
  • A change in the rhythm of life - now a woman will have to do everything faster, because previously it took her the whole day to complete all household chores. Now it’s just an evening, during which it is necessary to prepare dinner, get the child ready for tomorrow’s trip to kindergarten, clean the house, play and take a walk with the child, and spend time with your husband and yourself.
  • Changing your relationship with your child - yes, after going back to work you will have to devote less time to your child. If the baby is vulnerable and strongly attached to the mother, this can negatively affect the baby’s emotional state and his health. The mother’s task is to communicate with her child as much as possible in the evenings. You must let him know that mom’s attitude has not changed, but her care and love have remained at the same level.

The listed changes in the life of a former maternity leaver are just the main and most common ones. Often, women face smaller problems, but in the absence of preliminary preparation, they become global and insoluble.

Psychologists say that three years of absence from work requires the same amount of time to return. Therefore, it is recommended not to get out of the working rhythm, but rather to constantly be aware of events. Communicate with employees, learn about changes and implementations.

Returning to work after maternity leave is always stressful. Stress for the youngest mother, for the child, for the husband and even for pets. Stressful situations must be resolved together with the family - with the husband, with the parents.

The support of loved ones is the best way to smooth out rough edges - after the first day of work, a woman will “wind up” herself with unfulfilled tasks, comments from the manager or other employees. Only warm words, words of support and partial help with household chores will help you cope with changes after a long period of calm.

How to go back to work after maternity leave, a psychologist advises in the video:

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Going to work earlier, later and during maternity leave

How to return to work after maternity leave? It all depends on the period in which the employee decided to begin performing her work duties, and in what mode. There are two options - at the end or before the end of the vacation period. Let's look at each case separately.

Returning to work after completing maternity leave

To begin with, let’s take a tour of history, or, more simply put, let’s remember how this period of work was formalized. The expectant mother provided the employer with a certificate of incapacity for work, according to which maternity leave was issued. At the end of this period, the maternity leaver wrote a statement. Based on the facts presented, the management of the enterprise issued an order to grant the employee maternity leave for up to 1.5 years, and then, possibly, until the baby is three years old. If a woman expressed a desire to use both types (up to 1.5 years and up to 3 years), then, accordingly, two orders with specific dates were issued in this regard.

Read also: Inventory of reserve for vacation pay - sample

Why did we remember the whole story? In order to reach the date in the issued order. It is the day following the end date of maternity leave reflected in the order that is the first day the employee goes to work after the end of maternity leave. No additional documents are required. The employee begins her previously performed work duties.

Returning to work during maternity leave

In accordance with the Labor Code of the Russian Federation, an employee can leave maternity leave before its end. In this case, the employee’s wishes are taken into account. The work environment and the employer's opinion do not matter. The law in this case is on the woman’s side and gives her the right to choose.

In order for the employee to begin fulfilling her work obligations upon early departure from maternity leave. she needs to notify the employer by writing a statement. The application is written in free form, indicating the desire to start work and the start date of work. Based on this statement, the head of the organization issues an order to stop the rest and start work for the returning employee. This is necessary in order to adjust an existing order by changing the dates. The employee must familiarize herself with this document within three days and confirm this with her signature.

In addition to the right to early leave from maternity leave, a woman has a choice regarding her work schedule. In accordance with Article 256 of the Labor Code of the Russian Federation, if an employee leaves early, she has the right to part-time work or to work from home. In this case, only her desire is taken into account. The opinion of the party providing her with work does not matter. If such a desire or need exists, they must also be reported to the employer in the submitted application. And the subsequent order will have corresponding content.

Before going to work part-time, an additional agreement is concluded between the employee and the employer to the existing employment contract. It must reflect the conditions of this cooperation: term, duration of the shift, length of the working week, work and rest hours, wages.

Protecting the interests of the mother while working part-time, the law reserved her the right to receive child benefits. If the employee returns from full-time maternity leave, then in this case the statutory payment of child care benefits is terminated.

Another nuance that a woman on maternity leave needs to know. Regardless of when the employee decided to return to work and what work schedule she chose, the employer is obliged to provide her with the position from which she went on maternity leave. References to production needs, changes in management, etc. are not acceptable. Otherwise, the disadvantaged employee may file a complaint with the labor inspectorate.

Also, if a woman is on maternity leave, she does not have the right to be laid off, transferred to another position, or fired. An employee who will perform her job duties can be hired in her place only during maternity leave. In this case, they do not have the right to register a slave on a permanent basis. When a maternity leave worker returns to work, the employee replacing her quits, and the workplace is given to the previous employee.

Returning to work later than the end of maternity leave

There are cases when, for personal or family reasons, an employee is not able to go to work on time. How can this situation be resolved in this case? In this case, the woman can take the next rest period due to her by law, if it has not yet been used. The employee communicates her desire to be granted another leave in writing by submitting an application addressed to the company management. After which the head of the organization issues an order, and the mother’s maternity leave is extended for the next period of rest.

If it is impossible to use the next vacation, the employee can apply for vacation at her own expense. In this particular case, the employer’s desire is at the forefront. If this issue is resolved positively by management, the maternity leave is extended through rest without pay. This is documented in exactly the same way as in the previous case.

All the previously described rights and opportunities of a mother upon leaving maternity leave apply to anyone who uses maternity leave. Such persons may be a father, grandmother, grandfather, guardian or any other relative who has taken leave as required by law.

The law protects the rights of employees who decide to give birth to a child. You just need to know these rights and not be afraid to defend them.

How to register for going back to work after maternity leave?

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Returning to work after maternity leave carried out, as a rule, without prior notification to the employer. At the same time, depending on the type of leave and the reason for going to work, there are several ways to register this fact. You will learn more about all the features from this article.

Exit from maternity leave: deadlines, registration procedure

Returning to work from maternity leave possible at any time when the employee needs it. Thus, she can interrupt the registered leave not only for child care (hereinafter - UZR), but also for pregnancy and childbirth (hereinafter - M&R). In addition, going to work may be planned, for example, after the child reaches 1.5 or 3 years.

For example, if an employee, after giving birth, wrote an application for leave under UzR until she reaches 1.5 years, and the date of birth of the child is 05/05/2015, then she will need to return to work on 11/06/2016. But since this date falls on a Sunday, going to work should occur the next day - 11/07/2016.

The employee has the opportunity to extend her UzR leave until the child’s 3rd birthday (the right is granted by Article 256 of the Labor Code of the Russian Federation), which means that she can submit another application in which she will notify about returning to work from leave on 05/07/2018. Since 05/06/2018 is Sunday, going to work should occur the next day - 05/07/2018. The employer cannot deny her the exercise of this right.

IMPORTANT! If the employee (s) goes to work after the child reaches 3 years of age, the employer does not need to document this fact in any way. But if leaving the leave occurs early, then the employer, based on the application submitted by the employee, issues an order for his early return to work from the registered leave under the UzR. It is mandatory for the employee to familiarize himself with this order and sign it.

How to return to work after maternity leave

In general cases there should be no difficulty at all in how to get out of maternity leave when the child reaches 3 years of age. The employee simply goes to work the next working day after the child's 3rd birthday.

It’s another matter if there is an early exit from vacation. In this case:

  • the employee(s) must submit an application and report that from a certain date he will interrupt his UzR leave and go to work;
  • the employer, based on this application, issues an appropriate order.

There is no statutory period during which the employer must prepare a workplace for an employee returning from maternity leave. In Part 2 of Art. 256 of the Labor Code of the Russian Federation states that UzR leave can be used either in full or in parts, and there is not a word that the employer must be notified in advance to prepare the workplace. So it is better to spell out this unclear situation in a local regulatory document in order to preliminarily resolve all controversial issues regarding personnel records.

A temporary worker hired to replace an employee on maternity leave is dismissed on the day when the person on maternity leave returns to his workplace (part 3 of article 79 and clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation). An employee’s departure from maternity leave can occur on the day of filing the appropriate application for early termination of leave, if so desired.

The situation is different with early exit from leave under the BiR. In this case, consent to interruption of vacation from the employer is required. And in general, such a practice of interrupting vacation under the BiR is not welcome due to the need to reimburse benefits paid in advance.

Working after maternity leave by law

Since the legislation does not disclose what exactly falls under the definition of “maternity leave” (there is no such term in labor law at all), in practice this phrase refers to both “maternity” leaves: in BiR and in Uzbekistan. The conditions for leaving each type of leave are slightly different.

Let's consider both options.

Returning to work from leave under BiR

Labor leave is granted on the basis of a certificate of incapacity for work. After completing the leave, the most common duration of which is 140 days, the employee can immediately go to work without taking out the next required leave under the UzR.

In this case, the employee retains her job, because she was actually on sick leave (leave for medical reasons).

Returning to work from vacation in UzR

While an employee is on UzR leave, he is guaranteed to retain his job (position). This is stated in Part 4 of Art. 256 Labor Code of the Russian Federation. This means that, upon returning from vacation (either after the child reaches 3 years of age or ahead of schedule), the person on maternity leave begins to do the same work as before the vacation.

After leaving leave under the BiR until the child turns 3 years old, the employee can go on leave under the UzR at any time, even if she did not write a corresponding application immediately after giving birth. An employee on UzR leave cannot be fired (unless we are talking about the liquidation of the company), or transferred to another job without his consent.

What to do if you can’t go to work after maternity leave

If for some subjective reason an employee cannot go to work on time (after the child turns 3 years old), for example, he was unable to get a place in a kindergarten, he can:

  • Apply for leave without pay. After submitting the application, the employer makes a decision to refuse or grant such leave.
  • Ask the employer to transfer to home work or change the work schedule by switching to part-time work. And in this case, everything will depend on the goodwill of the employer, with the exception of the situations listed in Art. 93 Labor Code of the Russian Federation.

In the event that the head of the company does not agree with the request to change the work schedule or grant the next vacation, absence from work after the end of the UzR vacation will be regarded as absenteeism with all the ensuing disciplinary consequences (Clause 6a, Part 1, Article 81 of the Labor Code of the Russian Federation) .

Instructions

Of course, there is a category of mothers who do not want to stay at home for a long time. As soon as the baby has grown a little, they try to find a nursery, nanny or grandmother for him. Conversely, some feel quite comfortable in the role of housewives, believing that this is how they fully realize themselves. There is nothing wrong with either the first or the second case, everyone just sees themselves in their own way.

If going back to work is inevitable, then prepare in advance that everyone goes through this. You are not the first and not the last who returns to work after a long time. Before going to work, read specialized literature, refresh your knowledge by attending a lecture or training course.

Many women are afraid that, being busy, they will not have time to complete household duties. Of course, there is very little time left for this. Therefore, involve your husband, mother or mother-in-law in them. If possible, hire a housekeeper, at least for a couple of days. Then you can devote the weekend to your husband and children, as well as to your own relaxation.

If you have no desire to return to your previous place of work, think maybe this is for the better. After all, vacation is a time when you can find strength for new activities and achievements. Perhaps you dreamed of doing something, but did not have enough time for it. While you are on maternity leave, you have the opportunity to complete courses, improve your qualifications, or get a second education.

Many mothers, when they go back to work, feel guilty for not spending enough time with their children. Don’t panic or get upset, in this case the main thing is not quantity, but quality. What matters to your child is not how much time you spend with him, but how. Therefore, take half an hour to listen to your baby, read him a fairy tale, and ask him about the past day. Hug and kiss your child more often, tell him that you still love him.

Usually the process of getting used to the new rhythm of life takes 2-3 months. Therefore, when setting yourself up, think that everything will work out. Prepare in advance for going to work, then you will fit into it without any problems.

Leave maternity leave granted to you on the basis of Part 1 of Art. 256 of the Labor Code of the Russian Federation, you can do this after the child turns three years old, but you can do this earlier. In any case, the employer is obliged to provide you with your previous job with the same salary. But how can you prepare yourself to return to work and integrate into the series of daily work responsibilities?

Instructions

First of all, you must decide who the child will now be with - his daycare or find a nanny for him. Get started with paperwork and selecting a nanny as early as possible, since this is a very troublesome matter. This is especially true for a nanny, because her ability to look after your baby may not exactly coincide with the date of your release from work. Here we need to think about connecting options. As a last resort, perhaps, use one of the grandmothers for a while.

The child also needs to be prepared and configured to the fact that he will now spend the day in or with. If the child was able to be enrolled in kindergarten before the mother got ready for work, then for some time you can take him there for half a day. If he adapts immediately, leave him for the whole day.

You knew very well when you went on vacation that you would have to return. Therefore, even if you don’t have much time on vacation, keep in constant touch with your colleagues and be aware of the events and work processes that are taking place in your team. Check your company's website periodically to keep up with new assignments and new ways of working, go for lunch to the cafe where your colleagues eat, invite them for a cup of coffee at your home. Keep in constant contact and keep your finger on the pulse, in this case it will be much easier for you when you return.

It makes sense to notify your management in advance of your return and ask for a personal meeting. You will negotiate the terms of your return, demonstrate your readiness for active work and respect by informing your superiors.

Before “X” time comes, wash all of your baby’s clothes and stock the refrigerator with groceries while you still have time to do household chores. In the first week, of course, it will be a little difficult for you, but women are the stronger sex and we know that you can handle it!

An employee’s exit from regular or additional leave or a planned return from parental leave after reaching 3 years of age does not need to be formalized in any way. But with the second option, in case of early exit, you will have to prepare a number of documents.

You will need

  • - a statement from the employee requesting that maternity leave be considered interrupted;
  • - an order based on this application.

Instructions

If an employee has decided to leave early retirement, it would not be superfluous to clarify whether she has weighed everything and whether this decision is final.
However, in practice, more often than not, employers try by hook or by crook to involve the employee, especially if we are talking about something valuable, in the production process as early as possible. But here everything depends on the legal culture of management.

In any case, it is impossible to document the interruption of parental leave without a statement from the employee herself.
Like any similar document, it is written in the name of the head of the organization, indicating his position, name of the enterprise and surname with initials and contains the position and surname and initials.
Standard wording: “I ask you to interrupt my maternity leave for up to 3 years and consider me to have started work with...”.
The employee’s signature is placed under the application, after which the document is endorsed by the head of the organization, and earlier, if it is accepted in it, by other heads: department, supervisor of the area, etc.

After all formalities have been completed, it is published interrupted with....
2) Consider Last Name I.O. started working with...”
The date in both cases is the same as on the application.
The order is assigned a number and date, and it is certified by the signature of the head and the seal of the organization. From the date specified in all documents, the employee must begin her duties.

note

The employer must be notified of this 14 days before the expected date of your return from maternity leave. Perhaps you know in advance what awaits you: an irregular unaccounted for schedule, lack of planned employment, work in conditions of safety violations, etc. If you decide to leave maternity leave early, the wording in the application and order will be slightly different.

Helpful advice

There is a situation in our lives when a mother on maternity leave has to go to work early. That is, until the child turns 3 years old. The manager is required to endorse your application, and in this case an order is issued for early exit from parental leave for a child up to 3 years old. And what's most interesting. You can go back on this same vacation at any time, of course, before your baby’s 3rd birthday.

Sources:

  • how to get an early exit from vacation

Tip 4: How to return to work after maternity leave

With the birth of a child, a woman’s life changes dramatically - instead of the hustle and bustle of work in the office, a young mother’s day is filled with worries about a new family member. Sometimes it takes a long time for a new way of life to become familiar. But sooner or later the time comes to return to work. Most women face difficulties, because during their absence the composition of the team often changes, the latest technologies and rules are introduced. To avoid stress and easily learn your old job again, you need to prepare for your return in advance.

Instructions

Decide in advance where and with whom the child will be while you are there. You can leave him with his grandmother, hire a nanny, send him to a garden (private, home) - it's up to you. If you decide to hire a nanny, then you should not look for one as the last thing, because this one will replace you, take care of your child, etc. If you want to send your child to kindergarten, you need to find out the conditions for admission to this institution, as well as undergo a medical examination for the baby, etc. It may be worth going to kindergarten with your child for several days or leaving him for a few hours so that he can get used to the new environment and new people. If the child stays with the grandmother, this also needs to be discussed in advance. In addition, prepare the child himself for the fact that now the mother will work, and he will spend time with other people.

You also need to notify your company's management of your desire to return to work in advance - preferably about a month before the expected departure. Especially if you want to leave before the maternity leave for a child under 3 years of age ends. In this case, you should write a corresponding application for leaving work. You can meet with your boss in person to discuss the specifics of returning to your previous or new position. Show management that you are happy to get out and get back to an active lifestyle.

Make contact with your work colleagues. While you were on maternity leave, a lot probably changed, including in the composition of the team. Find out what's new in the organization of work, what literature you should read, so that when you go to work you don't lag behind the team and are aware of everything that's happening.

Prepare for your new lifestyle in advance. Try getting up earlier as if you have to go to work, pay attention to how much time you need to get ready yourself, as well as prepare everything you need for your child and the rest of the family. Go somewhere for an extended period of time during the day, and return at the time you will return after work. This will make it easier for you to determine what is best done before work and what after.

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note

Returning to work after a long absence is always stressful for a person and his body as a whole. Be prepared for this - be patient, at first it will be difficult to adapt to the “work-family” mode. Try not to mix difficulties at work with household chores. At work, do your work, at home, do your family. Colleagues should not constantly show photographs of the baby and talk only about him, and at home - only about work.

Helpful advice

A woman who is in good physical and emotional shape copes with difficulties more easily. In this regard, try to put your figure and thoughts in order before leaving work. Go in for sports - for example, yoga, which perfectly restores your figure and helps you take a philosophical look at life.

A woman who returns to work after maternity leave experiences stress and some anxiety. This is caused not only by thoughts about how to combine work routine and the baby’s routine, but also by the realization that radical changes have taken place in the organization over the past 1.5-3 years. Working after maternity leave can also bring joy, because the period of “imprisonment” within four walls has come to an end. But still, returning to your previous workplace may bring you unexpected surprises. How can a woman adapt to new conditions?

Change of the team and organizational rules Of course, over the course of 1.5-3 years the team was somewhat updated - some left, and some came. The atmosphere in the team has also undergone changes. If you think that everything will be the same as before, you are very mistaken. The rules, such as the daily routine, could also change. To better adapt to new conditions and employees, talk to old colleagues before going to work. Ask them to bring you up to speed, introduce you to new colleagues and tell you at least a little about them. This way you will be somewhat prepared for work. Lack of knowledge for work In Russia, everything is unstable. Therefore, when going to work, you may encounter a problem such as the lack of certain knowledge necessary to perform your duties. For example, you work as an accountant. The tax legislation of the Russian Federation is constantly changing, laws are being adjusted, and the principle of calculating indicators is also undergoing changes. To get into the swing of things, try to master all the changes before leaving. You can also attend special courses. Talk to your employer about initially working in tandem with the employee who replaced you during maternity leave. This will help you get to work faster. New daily routine After going back to work, you will have an active work activity. Of course, this is a kind of stress for the body. Therefore, you must take care of your health. Eat right, walk outdoors more often, sleep at least 8 hours a day. After a hard day at work, treat yourself to relaxing treatments, for example, lie in a bath with aromatic oils, ask your husband for a massage. Try not to work overtime, now you need to load your body in an increasing way! Ask your loved ones to support you in such a difficult matter. New job If you did not work anywhere before maternity leave and want to find a job now, you must adhere to some rules. For example, never hide the fact that you have a minor child. Reassure the employer that your child gets sick extremely rarely. Be sure to focus on the fact that you have a reliable rear in the form of grandmothers who are ready to help if a problem arises. Work after

Is it possible to leave maternity leave earlier than expected?

Modern young mothers often express a desire to leave maternity leave ahead of schedule. Making such a decision may be due to several reasons.

Maternity leave consists of several periods. Its first component is a sick leave issued at the antenatal clinic in connection with the woman’s pregnancy and the upcoming birth of the baby. Having received leave on the basis of sick leave, the employee receives payment immediately for the entire period of leave and cannot return to work earlier.

After the end of the above type of leave, the employee can write an application for leave to care for a child up to 1.5 years old, and then extend it until the baby turns 3 years old. A woman may not write an application for leave and immediately go to work, or leave it early. She has every right to do this. It is only important to notify the employer of your intentions in advance.

If the company management refuses to provide an employee with her previous job, she can appeal to the Labor Inspectorate or to court.

Is it worth interrupting maternity leave early?

Before going to work earlier than expected, you should think about whether it is necessary at all. Experts believe that a mother should not be separated from her baby until a certain time. A nanny or grandmother in kindergarten cannot replace a child’s mother’s attention and care. If circumstances allow a woman to use her maternity leave in full, then it is better for her to do just that.

Unfortunately, the most common reason for early termination of vacation is the financial difficulties of a young family. Mom goes to work to maintain financial well-being at a certain level. In this case, you need to weigh all the facts and make the right decision.

It is important to consider the size of the expected salary. A baby left without a mother during the daytime requires care. Mom must arrange for him to be looked after. Nanny services are quite expensive, so if the salary is low, going to work earlier than expected is unprofitable.

If the baby is looked after by a grandmother or another family member, this person will be able to take parental leave at work and receive a monthly allowance.

All family members should take part in deciding whether a young mother needs to return to work early. It is desirable that the new distribution of responsibilities be clarified. Having returned to work, the young mother will no longer be able to pay as much attention to household chores and her baby as she did before.

Maternity leave is over... Just recently you arrived with your baby from the maternity hospital, but time has flown by, and now it’s time go to work. Behind are diapers, diapers, monotonous "Groundhog days". Some people don’t have any questions: “It’s necessary, it means it’s necessary.” Or circumstances develop in such a way that there is simply no other way out. But if in material terms everything is not so dire, and a woman has the right to choose, then a lot of questions immediately arise in her head: “When to go out? Where to go? Should I go out at all?” Or, perhaps, someone has already tried to get a job, but the experience was unsuccessful and now there are even more fears. This, by the way, is my option. I went to work, made a bunch of mistakes and was determined to figure it out. I hope my experience will help you in some way. So, a fascinating story of one return to work after maternity leave...

...I went to work when my son was three years old. We started going to kindergarten almost immediately full time. In the mornings I really didn’t want to get up, and on the way to the garden thoughts were spinning in my head: “And who came up with all this?!” When we parted, my son had a sea of ​​tears and some kind of soul-tearing mixture of feelings for me (from love and tenderness, to pity and guilt). At work I was a little distracted, and at times it was even interesting. But it soon became clear that I wasn’t much of a worker. Given my penchant for perfectionism, I was surprised to discover that it is simply unrealistic to do the same amount of work well as before the birth of the child, and not develop a nervous tic. I tried my best, honestly, but in my head there was always the image of a sobbing son, wearing tights inside out and slippers on the wrong feet. Naturally, he also often caught colds. My grandmothers and grandchildren categorically do not sit, and they let me go on sick leave very slowly. Further more: my stomach hurt. Then I was covered in hives from head to toe, and my eye began to twitch. And then I received my first salary, cried over my pennies and spent them on medicine for myself and my son, because he hadn’t pooped for three days, and to the question: “What did they give in kindergarten today?” - answered: “I didn’t eat the stinking soup, but I buried the cutlet in the porridge.” Steadfastly, like an exemplary excellent student, I endured for a couple more months and said to myself: “That’s it! Enough!" And she quit. I took my son from kindergarten, and we both received treatment at home for a month. Then, slowly, I started taking him for half a day. I rested myself, read the advice of psychologists, and realized what my mistake was. Having set all my priorities, I decided to look for a job that suited my strength and my liking. And I found it. I hope my gestalt is complete, and for you advice will help, which helped me too.

1. First of all, determine your leading motive. Why do you want to go to work? You need money? Self-realization? Do you want to take a break from household chores? Or is society putting pressure on you: they say, the child has grown up, stop messing around at home? Answer honestly and do not give in to negative influences from outside. Don't listen to anyone, even if they give you a lot "kind and correct" adviсe. The kindest and most correct thing for you will be only what your heart quietly whispers. Listen... This is your child and your life, decide for yourself: Can you combine everything? As a rule, only the lack of a financial component in the family is a really compelling argument for a woman to go to work. Although, self-realization- also a good thing. If the decision is made unambiguously, then move on to the next point.

2. Where will the child be in your absence? At home with grandma - great. Will he go to? Then get ready for: adaptation and frequent illnesses. Ideally, it would be good to start taking your child to kindergarten, and only after a couple of months go back to work yourself. Starting with a couple of hours, gradually build it up to a full day. And when your soul is more or less calm that your child is comfortable in kindergarten, you can start working yourself.

3. Enlist support from loved ones. If the grandmother cannot sit with her grandchildren all the time, then maybe she will provide insurance, at least for the duration of the child’s illness. Household responsibilities may also have to be redistributed and some of them assigned to the husband.

4. Finally, the child is settled in and you are at work. Watch yourself, test your strength. Are you coping? Don't you want to go home more than to go to work? It's great if the work suits you completely. But if you suddenly find that you have absolutely no strength to endure the everyday routine, this is quite normal. With the birth of a child, a lot changes inside us. If earlier you could endure crazy bosses and oppress yourself in some way, now it is much more difficult to do this. Your true nature will ooze out of you as you are no longer just a worker. You have become a mother. And now it’s not so easy to dance to someone’s tune: you’ll want to be yourself and do what you like. Think about it, an alternative could be half-day work, shift work or from home. Thank God, now no one forces us to work on the factory whistle five days a week. Many women, after the birth of a child, suddenly discover hidden talents in themselves and completely change the direction of their activities. It's always scary to change something established. But if you take a risk, completely different horizons will open up before you.

Ultimately, whether you stay at home, work in the office or from home - all options are good if this is your conscious choice. Remember the main thing: the child needs happy mom. And it’s not about the amount of money, but about the pleasure that you can get from work. Therefore, be bold and do not be afraid of change! Find your favorite job! As an Eastern sage once correctly noted: “Paradise opens its doors only to the brave.” And mothers are the bravest creatures on the planet!

How to return to work after maternity leave? It all depends on the period in which the employee decided to begin performing her work duties, and in what mode. There are two options - at the end or before the end of the vacation period. Let's look at each case separately.

Returning to work after completing maternity leave

To begin with, let’s take a tour of history, or, more simply put, let’s remember how this period of work was formalized. The expectant mother provided the employer with a certificate of incapacity for work, according to which maternity leave was issued. At the end of this period, the maternity leaver wrote a statement. Based on the facts presented, the management of the enterprise issued an order to grant the employee maternity leave for up to 1.5 years, and then, possibly, until the baby is three years old. If a woman expressed a desire to use both types (up to 1.5 years and up to 3 years), then, accordingly, two orders with specific dates were issued in this regard.

Why did we remember the whole story? In order to reach the date in the issued order. It is the day following the end date of maternity leave reflected in the order that is the first day the employee goes to work after the end of maternity leave. No additional documents are required. The employee begins her previously performed work duties.

Returning to work during maternity leave

In accordance with the Labor Code of the Russian Federation, an employee can leave maternity leave before its end. In this case, the employee’s wishes are taken into account. The work environment and the employer's opinion do not matter. The law in this case is on the woman’s side and gives her the right to choose.

In order for an employee to begin fulfilling her labor obligations upon early termination, she must notify the employer by writing a statement. The application is written in free form, indicating the desire to start work and the start date of work. Based on this statement, the head of the organization issues an order to stop the rest and start work for the returning employee. This is necessary in order to adjust an existing order by changing the dates. The employee must familiarize herself with this document within three days and confirm this with her signature.

In addition to the right to early leave from maternity leave, a woman has a choice regarding her work schedule. In accordance with Article 256 of the Labor Code of the Russian Federation, if an employee leaves early, she has the right to part-time work or to work from home. In this case, only her desire is taken into account. The opinion of the party providing her with work does not matter. If such a desire or need exists, they must also be reported to the employer in the submitted application. And the subsequent order will have corresponding content.

Before going to work part-time, an additional agreement is concluded between the employee and the employer to the existing employment contract. It must reflect the conditions of this cooperation: term, duration of the shift, length of the working week, work and rest hours, wages.

Protecting the interests of the mother while working part-time, the law reserved her the right to receive child benefits. If the employee returns from full-time maternity leave, then in this case the statutory payment of child care benefits is terminated.

Another nuance that a woman on maternity leave needs to know. Regardless of when the employee decided to return to work and what work schedule she chose, the employer is obliged to provide her with the position from which she went on maternity leave. References to production needs, changes in management, etc. are not acceptable. Otherwise, the disadvantaged employee may file a complaint with the labor inspectorate.

Also, if a woman is on maternity leave, she does not have the right to be laid off, transferred to another position, or fired. An employee who will perform her job duties can be hired in her place only during maternity leave. In this case design otnik's slave are not entitled to a permanent position. When a maternity leave worker returns to work, the employee replacing her quits, and the workplace is given to the previous employee.

Returning to work later than the end of maternity leave

There are cases when, for personal or family reasons, an employee is not able to go to work on time. How can this situation be resolved in this case? In this case, the woman can take the next rest period due to her by law, if it has not yet been used. The employee communicates her desire to be granted another leave in writing by submitting an application addressed to the company management. After which the head of the organization issues an order, and the mother’s maternity leave is extended for the next period of rest.

If it is impossible to use the next vacation, the employee can apply for vacation at her own expense. In this particular case, the employer’s desire is at the forefront. If this issue is resolved positively by management, the maternity leave is extended through rest without pay. This is documented in exactly the same way as in the previous case.

All the previously described rights and opportunities of a mother upon leaving maternity leave apply to anyone who uses maternity leave. Such persons may be a father, grandmother, grandfather, guardian or any other relative who has taken leave as required by law.

The law protects the rights of employees who decide to give birth to a child. You just need to know these rights and not be afraid to defend them.

 

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