When a woman goes on maternity leave
Before figuring out how to fill out a sample order for maternity leave 2021, let’s figure out when you need to worry about this.
According to Article 255 of the Labor Code, a woman preparing to become a mother receives a legal break from work. Its duration varies:
- 70 days before the birth of the child and 70 after it - if the employee carried one fetus and gave birth without complications;
- the first part of this period increases to 84 days if there are two or more fruits;
- the second part is extended to 86 days if the woman gave birth with complications;
- the postpartum period will be 110 days if two or more children were born.
To obtain such a break, you must provide a certificate of temporary incapacity for work on the appropriate grounds. You can learn about the procedure for issuing and providing it from Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011.
Therefore, when the employee is approximately seven months old, it is time to start preparing documentation.
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- Dismissal while on maternity leave
Maternity leave order: shelf life
The shelf life of an order for leave under the BiR, if it was drawn up before 2003, is 75 years. If the order was drawn up after 2003 - 50 years (Article 22.1 of the Law of October 22, 2004 No. 125-FZ “On Archival Affairs in the Russian Federation”).
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The calculation of the storage period begins on January 1 of the year following the one in which the order was generated (clause 1.4 of the Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).
Do I need an order for maternity leave in 2021?
Let's say right away - we need it. And in form it is no different from what the personnel officer regularly draws up for employees going on annual vacation. The unified form No. T-6, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004, is suitable for this.
The sample order for maternity leave in 2021 differs only in its basis. You need to fill out line B, not A, and also enter the correct number of days.
Please note: payments to the employee who gave birth are established by another document. This applies only to work breaks. It should also not be confused with a document allowing a woman to be absent from work due to childcare.
Orders for maternity leave in 2021 can be found at the end of the article.
Registration and calculation of maternity leave in 2021
An order to go on maternity leave, a sample of which can be downloaded from the link below (further referred to as an order for maternity leave), is an internal document of the enterprise that confirms the employee’s legal absence from the workplace due to:. For more information about how and where to get sick leave, read the article How and for how many days to get sick leave for pregnancy and childbirth? When issuing an order for DO, an employee of the personnel service can use the standard, but optional, form T-6, adopted by the Decree of the State Statistics Committee from In order to understand whether an order for maternity leave is needed at the enterprise, it is necessary to determine what functions it performs. The main and main purpose of its preparation is to record the fact that the employee is in the subsidiary. The unauthorized departure of an employee to a subsidiary in the absence of an appropriate order may be considered a failure to fulfill labor duties and serve as grounds for his dismissal.
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Sample order for payment of maternity benefits 2021
This document is published in any form. However, here, too, a statement from the employee will be required. She adds to it:
- certificate of temporary incapacity for work;
- a certificate from the antenatal clinic (if she registered on time and applies for a one-time payment);
- a certificate in form 182 about average earnings to determine the amount of payments (if a woman has been working in an organization for more than two years, a certificate is not needed).
If the employee provides all the documents at the same time, both orders can be combined.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Then a separate sample order for the assignment of maternity benefits 2021 will not be needed. It is enough to include the corresponding paragraph in the previous document. Below are examples of administrative documents:
Order on maternity leave: sample filling, download form
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Maternity leave is provided to pregnant employees for the period of childbirth before and after. The basis for granting maternity leave to employees is a certificate of incapacity for work, which is issued at a medical institution (maternity hospital, antenatal clinic, etc.) as a medical report.
In it, the doctor indicates the start and end dates of the vacation, as well as the date of the expected birth. According to the Labor Code, the employer is obliged to provide maternity leave for a period of 140 calendar days (this is in the case of a normal pregnancy; in other cases of pregnancy, the leave period is increased).
The amount of calendar days of maternity leave is calculated in total from the duration of prenatal and postnatal leave. More information about the duration of vacation can be found in Article 255 of the Labor Code.
The specified amount of vacation days is provided to pregnant employees in full, and it does not matter how much the employee actually used during the period before giving birth. This means that even if the employee worked at the company during the prenatal period, she is required to pay her benefits in full.
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Men who have adopted a newborn can also go on maternity leave on the basis of a sick leave certificate issued at the hospital.
Women have the right to maternity leave only within the framework of an employment relationship. If a civil contract was concluded with the employee, then the company does not have the right to provide her with maternity leave.
Before issuing an order for maternity leave , the employee must provide an application for maternity leave and sick leave (or a copy of the court decision on the adoption of a newborn) as an attachment to the application. An order for maternity leave is issued according to a standard document (Form No. T-6).
Let's consider filling out form T-6 for maternity leave.
The serial number of a maternity order must have the letter part “/ls”, because This document belongs to the group of orders for personnel.
The columns “for the period of work from” and “to” are not filled in, because this applies to the employee's basic annual leave.
The reason for granting leave by the manager in this case is stated in paragraph B.
For a maternity leave order to come into force, it must be endorsed by the head of the company and submitted to the employee going on maternity leave for signature. The maternity order is formed by the personnel officer for individual cases, and a note “P” is made in the T-12 form.
Based on the order for maternity leave, the employee’s personal card indicates the basis for the leave and its duration.
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Good afternoon I will be an employee of the bank. I would like to clarify the following: The operations office in our city is being closed. In this regard, a notice was given to all employees. The notice states that the operational office is closing on May 6, 2021, all employees are fired in accordance with Article 81 Part 1 of the Labor Code of the Russian Federation, the employer pays guarantees according to Art. 181 Labor Code of the Russian Federation. On May 5, 2021, I am submitting a sick leave certificate for pregnancy and childbirth, and I am also writing an application for maternity leave. To apply for childcare benefits for a child up to 1.5 years old, I need an order “On the provision of maternity leave.” My employer refuses to provide me with this order, citing the fact that they do not issue these orders. I would like to clarify whether my employer’s actions are legal? Can they just pay me for sick leave and not provide an order? In the event of an unlawful action from the employer’s country, where should I contact
The actions of your employer are legal only if it is the complete liquidation of an individual entrepreneur or the enterprise is liquidated. If only the office is closed, then this is not a complete liquidation of the enterprise. You need to contact a lawyer for clarification of the procedure for further actions, as well as the authorities that monitor and supervise compliance with labor laws in your city (region).
Good afternoon. Does a woman working in a government agency have the right not to take prenatal maternity leave, or to take it later than 30 weeks?
Yes, it does, but in this case, maternity leave (140 days by law: 70 before childbirth and 70 after) will not be extended after childbirth. That is, you can go on maternity leave later, but after giving birth you will still stay on it for no more than 70 days. In part 3, paragraph 48 Ch. 8 of Order No. 514 of August 1, 2007 of the Ministry of Health and Social Development of the Russian Federation “On the procedure for issuing certificates of incapacity for work by medical organizations” states: “... If a woman, when applying to a medical organization within the prescribed period, refuses to receive a certificate of incapacity for pregnancy and childbirth for the period of maternity leave, her refusal is recorded in the medical documentation. When a woman, before giving birth, repeatedly applies for a certificate of incapacity for work for maternity leave for maternity leave, the certificate of incapacity for work is issued for 140 calendar days (194 calendar days for multiple pregnancies) from the date of the initial application for the specified document, but not earlier than the date established by the first or second paragraphs of this paragraph.”
Consistency with Art. 256 Labor Code paragraph 4, during the period of maternity leave (child care leave), the employee retains his place of work (position). So the employee has every right to apply for her position. That is, she will fill the position specified in the staffing table.
Working part-time when returning from maternity leave is also acceptable, but only at the request of the employee, who must notify about this in advance and in writing.
Good afternoon. A school psychologist is returning from maternity leave, who before maternity leave had 1 position as a psychologist and a classroom teacher. Her substitute teacher was charged 0.5 times the rate of a psychologist and classroom management. Question: what can a psychologist claim after going to work?
Purpose
The time intended for preparation for childbirth and the further stay of the mother with the child is considered a full-fledged vacation, which must be arranged according to the same principle as other similar periods. Issuing an order to provide maternity leave is the final stage of this action.
The duration of the prenatal and postnatal period of maternity leave in this case depends on the type of pregnancy. The standard duration of vacation is 140 days . At the birth of 2 or more children, this period can be increased to 194 days.
Identification of complications during childbirth leads to an extension of pregnancy sick leave for another 16 days, in which case an additional leave order is drawn up.
The order acts as an official confirmation of the employee’s legal absence from the workplace.
A woman can refuse maternity leave - in this case, no order is drawn up, and her official duties are performed as before.
The document highlights important points:
If desired, the employee can leave maternity leave before the end of the period specified in the order. She must notify the employer about this in advance. The initiative must come exclusively from the employee - the influence of management is considered unacceptable.
The employer has the right to refuse early exit from maternity leave, since the legislation does not provide for such obligations for companies.
Required documents
An order for leave for accounting purposes is issued by the management of the company only after the employee has provided the necessary documentation.
The following documents are required for collection:
- a statement reflecting a request for maternity leave;
- sick leave for pregnancy and childbirth , issued by the medical institution in which the woman is registered.
In the event of an early visit to a gynecologist regarding pregnancy, the girl may qualify for payment of the appropriate benefit for the early stages.
To do this, she must provide a certificate confirming the fact that the employee has been registered for a period of no more than 12 weeks. In the process of issuing an order, the employer is guided by Federal Law No. 81 and Article 255 of the Labor Code of the Russian Federation.
Design algorithm
An order for the payment of maternity benefits (a sample for 2021 can be downloaded in the article) is issued at the choice of the employer using:
- unified template No. T-6 (a sample order for maternity leave - 2021 is given according to Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1);
- self-created form.
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The administrative document for such leave is issued by the head of the institution in which the woman works and contains:
- a header indicating the details of the enterprise and the name of the document;
- statement of the essence, that is, information about the provision of a period with its start and end dates in accordance with sick leave, details of the certificate of incapacity for work;
- a list of documents that became the basis for issuing the order;
- decoding of the position of the manager's signature;
- list of persons who need to familiarize themselves with the official document.
Entering information into the administrative document form T-6:
Design information
Name of the institution where the pregnant woman works, in full and abbreviated forms
Publication dates
A certificate of temporary incapacity for work, which is necessary for registration of maternity leave, is issued after the 30th week of pregnancy .
It is after this period that a girl can go on maternity leave. It is important to consider that under certain circumstances she may do this earlier .
An order to provide rest is issued immediately before a woman goes on maternity leave. In standard form, it is issued 70 days before the expected date of birth. The second half of the maternity leave also lasts 70 days. In case of multiple pregnancy, the order must be issued 84 days before the birth.
In what form is it compiled?
To fill out an order, you can use a form developed by the company specifically for filling out documentation of the specified type.
In addition, it is allowed to use a unified form - T-6 . The second design option is considered optional, but recommended.
When using a generally accepted form, the likelihood of making mistakes or providing insufficiently accurate information is reduced.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If you fill out the documentation using your own sample, you should be sure to reflect all the necessary information on the paper, observing the structure and business style of the narrative.
How to fill out T-6 when providing maternity leave?
The unified order form T-6 is used to issue various types of leave.
In general, the document includes 3 blocks , each of which is intended for specific information:
- 1 — filled in when registering the annual paid vacation period;
- 2 — filled out for registration of other leaves, including maternity leave;
- 3 — includes information from previous sections.
When applying for a maternity leave, the first block of the form is not filled out.
The second section must indicate
information of the following nature:
- full name of the company where the pregnant employee is officially employed;
- the serial number assigned to the paper (can consist of not only numbers, but also letters);
- publication date;
- information about the employee - full name, position, name of the structural unit in which she works;
- vacation period and its duration (data in this line is entered based on the information indicated on the sick leave)
- signature of the director of the company or his responsible person;
- employee's signature.
After the order is issued, adjustments are made to the working time sheet. Calculation of benefits for pregnancy and upcoming childbirth is carried out.
The woman’s signature confirms that she has read and agrees with the information specified in the order.
Filling out internal documentation can be done by both the head of the enterprise himself and the person appointed responsible for this action. This role can be played by an employee of the HR or accounting department.
The calculated benefit goes to the pregnant woman’s account along with her next salary.
Below is an example of filing a maternity leave for 140 days using the standard T-6 form.
filling out an order for maternity leave – word.
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Rules for placing an order
Drawing up an order to go on maternity leave involves the following algorithm of actions:
- Providing the employee with the necessary documents to the HR department.
- The completion of the certificate of incapacity for work is checked: name and details of the organization, period of absence.
- Issuance of an order: the full name of the organization, the serial number of the order and the date, position and full name of the subordinate, the names and numbers of the supporting documents, and the period of absence must be indicated.
- Signing of the order by the employer and familiarization with the employee's signature.
- Bringing it to the attention of interested parties.
The law does not define the time frame for issuing the order. Usually it is issued immediately after the documents are received from the subordinate.
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Sample
The order can be filled out in any form. Typically, organizations for this administrative act use the T-6 form, approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004. It is used to take time off.
To fill out the T-6 form, the following data is required:
- number of the administrative act and date of preparation;
- full name of the organization, OKPO code;
- Full name of the subordinate, name of the structural unit, position, personnel number;
- vacation period in calendar days, start and end dates;
- signatures of the director of the enterprise and the employee.
Documents grounds for granting a decree on BiR
In order for the employer to issue an order, the employee must submit documents to him.
The documentation package from a pregnant employee includes:
- application requesting maternity leave and benefits (how to calculate maternity benefits);
- certificate of incapacity for work - it is issued by the antenatal clinic.
Additionally, a certificate is provided about the timing of registration - if the woman managed to apply to the housing complex in the first 12 weeks (an additional benefit is provided). The certificate is also issued by the medical institution.
These documents are submitted to the pregnant woman within the following deadlines:
- 70 days before the due date if the woman is expecting one child;
- in 84 days - in case of multiple pregnancy.
Only those women who are officially employed at the time of going on maternity leave can apply for leave. Unemployed people do not have this right.
However, some categories of unemployed people can still receive maternity benefits - details here.
Having received a set of papers from the employee, the employer is obliged to issue temporary disability in the form of maternity leave within the period specified in the sick leave certificate. Within up to 10 days, calculate and accrue maternity benefits, and pay them on the day of settlement with staff for wages.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If a woman also registered with the housing complex in the first 12 weeks, then she also has the right to early benefits. It is paid along with maternity benefits according to BiR.
How to fill out the T-6 form correctly?
To fill out an order, it is convenient to use the standard T-6 form, which is used to formalize the provision of all types of leave, including maternity leave.
The standard T-6 form includes the following lines to fill out:
- name of the organization - enter the abbreviated name of the employer;
- Document number - the serial number is written down, according to the current numbering for orders for personnel;
- date - the day on which the order is drawn up;
- grant leave - full name in the dative case of the woman who is granted maternity leave, personnel number, department and position are also indicated;
- for the period of work - not filled in;
- section A - not filled out;
- section B - enter the name of the leave, the number in calendar days, the start and end date (according to the certificate of incapacity for work);
- section B - the data from section B is repeated;
- signatures of the manager and employee.
The main document on the basis of which the order is drawn up is also usually indicated - a certificate of temporary incapacity for work. There is no separate field for these purposes in the T-6 form, however, information can be added in section B manually.
It is not necessary to stamp the order.
The employee must familiarize herself with the order and put her signature at the bottom of the form.
You can issue an order in free form. The main thing is that the form contains the basic details listed above.
Download an order for granting maternity leave for 140 days - sample.
How to draw up an order for maternity leave
An order for leave under the BiR can be drawn up:
- In free form.
The law does not impose official requirements for an order drawn up in free form, but it must include the mandatory details of primary documents. We will talk about them below.
- On a standard form.
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The unified form of the order for granting leave to an employee (T-6) was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. This form is general and is used when providing an employee with any type of leave: annual, additional, maternity leave, etc.
