THE DECRETER LEAVES THE HOLIDAY BEFORE THE TERM: HOW TO MAKE THAT WITH A SOCIAL BENEFIT?
Consider such situations as:
1. A worker who was on maternity leave wants to go to work ahead of schedule.
2. Should she return her maternity allowance?
3. Does she lose her help at birth?
4. How to get an early exit to work?
To begin, let’s clarify this point. For working women who are planning or have already become mothers, certain “labor” benefits and guarantees are provided, one of which is “maternity” leave.
Again, labor legislation does not provide for such a term. But in practice, the term “maternity” leave can be understood as several types of holidays. As a rule, maternity leave is called leave due to pregnancy and childbirth. Less often – leave to care for a child up to 3 years old, leave to care for a child up to 6 (in general) years.
Leave due to pregnancy and childbirth, we recall, is given to women on the basis of a disability certificate. Its duration is 70 calendar days before childbirth and 56 calendar days (70 calendar days – in the case of birth of two or more children and in case of complication of childbirth) after birth, starting from the day of birth.
After the end of the leave due to pregnancy and childbirth, at the request of the woman, she is granted leave to care for the child until the child reaches 3 years of age. This leave is granted at the request of the woman and is issued by order (instruction) of the head of the company.
In some cases, parental leave is granted until the age of 6. This leave is granted only if there is an appropriate certificate about the state of health of the child, according to which the child cannot be in an institution and needs care only at home.
If we are dealing with a situation where a woman interrupts her leave due to pregnancy and childbirth, then in this case she will have to return part of the maternity benefit. Namely, the allowance will have to be returned to the FSS in the days when the woman worked, and was not on maternity leave. But if a woman interrupts leave to care for a child up to 3 (up to 6) years, then it is not necessary to return the maternity allowance. The care allowance for up to 3 years has not been paid for a long time. Accordingly, it is also impossible to lose.
On a note! In a similar situation, when leave due to pregnancy and childbirth is interrupted by dismissal (for example, of one’s own will (article 38 of the Labor Code) or by agreement of the parties (paragraph 1 of Article 36 of the Labor Code)), the amount of maternity allowance for part of the leave , which falls on the period after the dismissal, is not subject to recalculation and return (letter of the Social Insurance Fund dated 05.15.2018 No. 2.4-15-1677).
There is still help at birth. But even this kind of assistance will not affect the work. Even if the employee will work in full time. The fact is that an exceptional list of the reasons for the termination of payment of assistance for the birth of a child is given part 9 of Art. 11 of the Law of Ukraine “On State Assistance to Families with Children” dated 11/21/92, No. 2811-XII. These are: deprivation of parental rights; taking a child without deprivation of parental rights; temporary placement of a child for full state content; termination of custody or exemption of the guardian from his powers in relation to a particular child; improper use of funds and failure to ensure proper conditions for the full maintenance and upbringing of the child. As you can see, there is no such basis for the termination of payment of birth assistance for a child, such as interruption of maternity leave due to pregnancy and childbirth, for caring for a child under 3 (up to 6) years and going to work.
How to go to work.
While the woman is on leave due to pregnancy and childbirth, to care for a child up to 3 (up to 6) years old, her former place of work remains. However, she has every right to interrupt this vacation and return to work at any convenient time.
To do this, the employee must write a corresponding application addressed to the head with the date of entry to work, and the head – to issue an order (order).
From the moment of termination of leave and going to work for a worker, the general norms of labor legislation apply, taking into account the labor guarantees provided for mothers with children of the specified age.
For example, such a woman has the right to take sick leave to care for a sick child.
Nuance. If a woman starts part-time work without interrupting leave to care for a child under three years old, she will not be given a sick leave in case of a child’s illness. Justification of the actions of doctors – Section 3.15 of Instruction No. 455. It establishes: no sick leave is issued for the care of a sick child during the period of leave to care for a child under 3 years of age.
ECB Report. In Table 5 of the ERU report, do not forget to fill in one line about the end of such leave for a worker who has gone out of leave due to pregnancy and childbirth, to care up to 3 (to 6) years.
Author: Kristina Vorozhbitova