The maiden leaves leave ahead of schedule: how to issue? What about the allowance?
Consider situations such as:
1. An employee who was on maternity leave wants to go to work ahead of schedule.
2. Should she return the maternity benefit?
3. Will she lose help with the birth of a child?
4. How to arrange an early exit to work?
First, 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 law does not provide for such a term. And in practice, “maternity” leave can be understood as several types of leaves at once. Generally, maternity leave is called maternity leave. Less often – leave for caring for a child under 3 years old, leave for caring for a child up to 6 (in general) years.
Leave in connection with pregnancy and childbirth, we recall, is granted to women on the basis of a certificate of incapacity for work. Its duration is 70 calendar days before childbirth and 56 calendar days (70 calendar days – in the case of the birth of two or more children and in case of complications of childbirth) after childbirth, starting from the day of childbirth.
After the end of the leave in connection with pregnancy and childbirth, at the request of the woman, she is granted leave to care for the child until he reaches the age of 3 years. This leave is granted at the request of a woman and is formalized by an order (decree) of the head of the enterprise.
In some cases, parental leave is granted until the child reaches 6 years of age. This leave is granted only if there is an appropriate certificate of the child’s health, according to which the child cannot be in a child care facility and needs care only at home.
If we are dealing with a situation where a woman interrupts exactly the leave in connection with pregnancy and childbirth, then in this case, she will have to return part of the maternity allowance. Namely: the allowance will need to be returned to the FSS for 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 old, then the maternity allowance does not need to be returned. Care allowance for up to 3 years has not been paid for a long time. Accordingly, it is also impossible to lose it.
On a note! In a similar situation, when pregnancy and childbirth leave is interrupted by dismissal (for example, voluntarily (Article 38 of the Labor Code) or by agreement of the parties (Clause 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 from the FSS dated 05.15.2018, No. 2.4-15-1677).
There is still help with the birth of a child. But even such help will not be affected by going to work. Even if the employee works full time. The fact is that an exclusive list of grounds for terminating the payment of assistance at the birth of a child is given in Part 9 of Art. 11 of the Law of Ukraine “On State Assistance to Families with Children” dated 21.11.92, No. 2811-XII. These are: deprivation of parental rights; removal of a child without deprivation of parental rights; temporary placement of a child for full state maintenance; termination of guardianship or release of the guardian from his powers in relation to a particular child; inappropriate use of funds and failure to provide adequate conditions for the full maintenance and upbringing of a child. As you can see, there is no such reason for the termination of the payment of assistance at the birth of a child as the interruption of maternity leave in connection with pregnancy and childbirth, for caring for a child under 3 (up to 6) years old and going to work, in this list.
How to get to work.
While a woman is on leave in connection with pregnancy and childbirth, to care for a child up to 3 (up to 6) years old, she retains her previous place of work. At the same time, she has every right to interrupt this vacation and return to work at any time convenient for her.
To do this, the employee must write an appropriate application addressed to the manager indicating the date of departure to work, and the manager must issue an order (order).
From the moment the vacation is interrupted and the worker goes to work, 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 working part-time without interrupting the leave to care for a child up to three years old, then in the event of a child’s illness, she will not be given a sick leave. Justification of the doctors’ actions – clause 3.15 of Instruction No. 455. It states: sick leave is not issued for caring for a sick child during the period of leave for caring for a child under 3 years old.
ECV-Report. In table 5 of the ERU-report, do not forget to fill in one line about the end of such leave for the employee who has left the leave in connection with pregnancy and childbirth, for care up to 3 (up to 6) years.
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