Is it possible to work officially while on maternity leave?
We advocate exclusively for official employment and white wages.
It doesn't matter whether you're on maternity leave or not. Therefore, we will talk about how to do everything according to the law. By the way, there is no concept of “maternity leave” in the law. It is usually understood as the totality of:
- maternity leave;
- care leave following the birth of a child for up to 1.5 years;
- further leave until the child’s 3rd birthday.
And each of these stages has its own nuances and restrictions on work. Let's see which ones.
Instructions for drawing up a special application
What should a woman on maternity leave do when she decides to return to her position?
- First, the parent needs to write a free-form application , indicating her first and last name, position and expressing a request for a shortened working day. And also the specific time that the employee can and would like to devote to work. The document is addressed to the head of the company and transferred to him.
- The place of an employee who goes on maternity leave is usually taken by a new person. You need to remember this when planning to return to the company ahead of schedule, since the Labor Code prohibits suddenly removing him from his duties.
Therefore it is best notify your employer in advance of your plans to return to work early and listen to his recommendations.According to the law, you can leave no earlier than a couple of weeks after the applicant submits his request in writing (in this case, the date when it is planned to start work is written down in the document).
When concluding the employment contract, the corresponding working hours were already specified, but now it will be changed. This means that this change should be made to an additional agreement concluded between the employee and the employer.
New working conditions and pay must also be recorded there, which will remain in effect until maternity leave ends.- After this, a decree is issued that the employee returns to her position on a reduced day. It has a clearly defined form number T-6.
In the order, the manager must indicate that, having familiarized himself with the application, he decides on this basis to accept her on a part-time basis. The initials, position of the manager, as well as the signature and date are also indicated there.
Is it possible to work while on maternity leave?
A woman receives maternity leave on the basis of sick leave. It is also the basis for paying her the appropriate allowance.
Sick leave is issued at 30 weeks for a singleton pregnancy and at 28 weeks for a multiple pregnancy.
For more details, see the article “When to give sick leave for pregnancy and childbirth” .
But the expectant mother is not obliged to leave work on the first day of leave under the BiR. She can continue to work as much as she sees fit. And he will receive a salary for it. But she is not entitled to maternity benefits during her work (see FSS information letter dated October 8, 2004 No. 02-10/11-6671).
See: “Procedure for payment of maternity benefits in 2021” .
As soon as maternity leave is issued, the employee must go on vacation. She will no longer be able to work until the end of this vacation, even on a part-time basis.
Is it possible to work on parental leave for up to 1.5 years?
The Labor Code states that while on maternity leave, you can work part-time, and you can also work remotely (see Part 2 of Article 93, Part 3 of Article 256 of the Labor Code of the Russian Federation). At the same time, the right to receive child benefits remains.
ATTENTION! We are talking about the baby’s mother, but father, grandmother, grandfather, and other relatives may be on vacation on the same basis.
See what documents are needed to apply for child benefits .
Am I entitled to paid leave when working part-time???
Svetlana!
Indeed, labor legislation does not provide for the possibility of simultaneously providing two different types of rest time listed in Art. 107 Labor Code of the Russian Federation. However, no one would think of depriving an employee who is on maternity leave and working part-time of the provision of breaks during the working day (shift), daily (between shifts) rest, weekends and non-working holidays.
In other words, the fundamental possibility of an employee using two types of rest time at the same time is beyond doubt. Since vacations are a type of rest time, I believe that providing annual paid leave to a part-time employee on maternity leave is acceptable.
In accordance with clause 23 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624 n, in case of temporary disability of persons on parental leave until the child reaches the age of three years, working part-time or home, a certificate of incapacity for work is issued on a general basis. It turns out that when working part-time during the period of maternity leave, temporary disability benefits are paid to the woman simultaneously with the monthly child care benefit
According to part two of Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave does not include periods of being on parental leave before the child reaches the age established by law. At the same time, part one of Art. 121 of the Labor Code of the Russian Federation stipulates that the length of service that gives the right to annual basic paid leave includes the time of actual work. In this situation, the woman works, therefore, the time of actual work on a part-time basis while on maternity leave should be counted towards the length of service giving the right to annual paid leave. Paid leave is provided annually (part one of Article 122 of the Labor Code of the Russian Federation).
The employer has no right not to provide the employee with annual paid leave in the actual working year. On the contrary, it is impossible to oblige an employee who is on maternity leave and works part-time to interrupt her maternity leave and only then go on annual paid leave.
It is also necessary to take into account part three of Art. 93 of the Labor Code of the Russian Federation, according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights. In my opinion, by pointing out that women in such a situation are on maternity leave, the legislator thereby wanted to ensure social protection for women and preserve their right to child care benefits while simultaneously receiving wages for working part-time, temporary disability benefits or vacation pay. After all, according to part one of Art. 14 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (hereinafter referred to as Law N 255-FZ), child care benefits are paid only if there is a person providing such care , on maternity leave. Therefore, the indication of part three of Art. 256 of the Labor Code of the Russian Federation for a woman to be on maternity leave should be taken into account only for the purpose of assigning benefits to her.
Representatives of the FSS of Russia predominantly support the second position and allow the possibility of providing annual paid leave without interrupting parental leave: https://www.fss.ru/ru/consultation/10616/6812/19360.shtml, https://www. fss.ru/region/ro51/answers/question/47860.shtml, https://fss.Karelia.info/faq.html. True, among the fund’s representatives there are supporters of the first position: https://www.fss.ru/region/ro19/archive/22582.shtml.
If parental leave is not interrupted during the period of annual paid leave, the employer has no reason not to pay child care benefits.
By virtue of Part 1 and Clause 4 of Part 2 of Art. 1.3 of Law N 255-FZ, the main insurance risk for compulsory social insurance in case of temporary disability and in connection with maternity is the temporary loss of earnings or other payments, remuneration by the insured person in connection with the occurrence of an insured event. Since when working part-time, remuneration is made in proportion to the time worked (part two of Article 93 of the Labor Code of the Russian Federation), the employee loses part of her earnings, which is compensated by child care benefits. Vacation pay is determined based on the actual accrued wages for the last 12 calendar months (parts three and four of Article 139 of the Labor Code of the Russian Federation). Accordingly, when paying for vacation, the employee will not receive an amount of average earnings that would be comparable to the salary received before switching to part-time work, that is, the insurance risk is not eliminated.
How many hours can you work on maternity leave?
The work schedule during maternity leave is established by mutual agreement of the employee and the employer. For part-time, it can be a half-day or a half-week, or a combination of both. But if the working day is irregular - only a partial week with a full working day (Article 101 of the Labor Code of the Russian Federation). When working from home, the work schedule can be any, including reduced working hours.
Since a working mother will receive both a salary and a benefit, and the benefit is paid from the Social Insurance Fund, abuse must be avoided. Shortening the working day should objectively free up time for the baby. If it is 15–30 minutes a day or even an hour, social insurance will not reimburse the benefit.
The nuances of working on parental leave for children under 3 years old
In general, the rules for working on parental leave for a child up to 3 years, including documentation, coincide with the above rules for leave up to 1.5 years. The key difference is that when the child reaches the age of 1.5 years, the mother’s right to receive child benefits ceases. This means that the employer and employee no longer face accusations of insufficient (formal) reduction of working hours and there is no risk of refusal to pay social insurance benefits.
Instead of benefits, the mother who went back to work needs to be paid compensation. Its size is 50 rubles. per month, but some parents are now entitled to a larger amount.
For more details, see: “Benefits for children under 3 years of age have been increased .
Part-time work
Is it possible to work part-time while maintaining child care benefits? Yes. This work is performed under special conditions that allow you to combine child care and work responsibilities. For example, an employee may work part-time and have regular child benefits (Article 93 of the Labor Code of the Russian Federation).
This means that she can work a shortened day (for example, half a day) or a shortened week (several days out of five). In addition, a remote work schedule is possible - if the manager does not mind.
But you should know that if an employee decides to return to full-time work, she is not entitled to child benefits.
How much do they pay when working on maternity leave?
It all depends on the employee’s remuneration system. If it is time-based, payment should be proportional to the time worked. Piece workers are paid for the volume completed (Part 3 of Article 93 of the Labor Code of the Russian Federation).
Work at home is paid as usual if it is full time. If incomplete, only for the time worked.
Find out what payments for children are provided by the state from the materials in the special section of our website.
Part-time work during maternity leave
By going to work on a part-time basis without interrupting maternity leave, an employee can count on receiving the amount of remuneration that was calculated in proportion to the time actually worked (Part 2 of Article 93 of the Labor Code of the Russian Federation).
This means that in order to receive 50% of the rate, it is enough to work 4 hours daily. Part-time work is also possible, provided that the employee’s working week is about 20 hours. Work schedules can be individualized and daily work hours may be split disproportionately.
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Note! To arrange a special work schedule on a part-time basis (which entails a change in working conditions), the employer signs an additional agreement with the employee. agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation).
Working hours are usually recorded by the employer in a timesheet in the T-12 form (13). In this case, opposite the full name of an employee who is on maternity leave and at the same time working part-time, a double designation is placed: OZH (maternity leave) and I (attendance to work) - indicating the amount of time worked. If a woman on maternity leave works part-time at home, the same designation is given without indicating the number of hours.
Is it possible to work part-time while on maternity leave or under a GPC contract?
It is possible to work part-time while on maternity leave. The same procedure applies here as at the main place, and the same restriction: you cannot work while on maternity leave, and after it ends - completely.
As for work under the GPC agreement, there are no obstacles at all. The conclusion of such contracts (contracts, provision of services) is regulated not by the Labor Code, but by the Civil Code. And it consolidates the free expression of the parties. In addition, the GPA does not give the employee any rights in terms of benefits and social guarantees related to children. This means that the employer will not have any trouble with regulatory authorities.
