The calculator for calculating the vacation period after leaving maternity leave is a tool that helps simplify calculations for the accountant, HR officer and the employee herself. With its help, you can find out when a woman will be able to get paid leave again.
A woman on maternity leave in an organization is a pain for the HR manager and accountant. Use these ConsultantPlus materials for free so as not to violate the law and the rights of a pregnant woman:
- Ready-made solution: how to calculate the period of the working year for annual leave after maternity leave.
- Ready-made solution: how to provide annual leave after maternity leave (maternity leave).
- Expert advice: is it possible to take annual leave after being absent for child care?
- Ready-made solution: how to calculate and pay compensation for unused vacation.
- Typical situation: how to fire an employee during maternity leave.
Is the next holiday due under Labor Code allowed?
In Art. 260 of the Labor Code of the Russian Federation clearly states that immediately after maternity leave, you can declare your desire to go on another paid leave if the employee did not use it before registering for sick leave. Moreover, the length of work in this organization does not matter.
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Since such a right is enshrined in the Labor Code of the Russian Federation, the employer does not have the right to refuse an employee if she writes a statement. However, this is only true for the case when the day the end of one of the parts of the maternity leave precedes the day the annual rest begins.
If, after maternity leave, the employee returned to work, and after some time decided to go on vacation, then the guarantee from Art. 260 of the Labor Code of the Russian Federation will not apply.
Also, the right to rest under this article is lost if, after caring for a child under 3 years of age, a woman takes sick leave, and at the end of it decides to apply for annual leave.
In this case, there will also be a gap between the end of the maternity leave and the beginning of paid leave in the form of sick leave, which does not comply with the provisions of Art. 260 Labor Code of the Russian Federation.
A woman can exercise the right of rest, regardless of the director’s consent, only immediately after maternity leave. Even one working day already violates the necessary condition.
If the employee did not immediately use this right, then she can receive annual rest on a general basis, according to the schedule, or by agreement with the employer if she has sufficient experience.
It is important that the employee is not obliged to go on vacation. This is her right, which she uses only on her own initiative. If she doesn’t want to, then the employer cannot force her.
Guardians, adoptive parents and fathers raising a child without a mother can go on annual leave after caring for a child.
Based on Art. 260 of the Labor Code of the Russian Federation, you can take time off immediately before maternity leave; for this, a statement is written according to the sample.
How to count days?
The employee has the right to all unused days for the period before the start of maternity leave. Plus, a maternity leave period of 140 days also gives the right to annual rest.
If there are no unused days left, then the employer, immediately after the maternity leave, must, upon application, provide an annual duration of at least 28 cal. days.
This allows Art. 260 of the Labor Code of the Russian Federation, which clearly states that the issue of provision does not depend on the length of service of the employee.
Thus, the number of vacation days that a woman can claim can be calculated as follows:
- Determine the number of unused days on the date before the start of maternity leave.
- Calculate the number of days for sick leave due to pregnancy (caring for a child does not give the right to rest).
- Add up the calculation results, the sum of days will be the time period that is added to the ended maternity leave.
- If it turns out to be less than 28, and the woman wants to rest for the full duration, then the employer must ensure this, despite the length of service.
conclusions
A woman has the right, immediately after maternity leave, to take annual paid rest in the number of unused days plus days for sick leave due to pregnancy. If the length of service is not sufficient, a minimum duration of 28 days is still provided. The employer cannot prevent this, but at the same time does not have the right to force the use of this guarantee.
If a woman wants to rest, she must write a statement. The manager is obliged to accept it and draw up an order for the next rest. For each day received, vacation pay is accrued, and the calculation period takes into account the period of 12 calendar months preceding the start of maternity leave.
If an employee does not want to take vacation days, she can simply go back to work and continue working on other grounds.
Returning to work during maternity leave
In accordance with the Labor Code, 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 is on the side of women and gives them the right to choose.
In order for an employee to begin fulfilling her work obligations upon early departure from maternity leave, 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 to correct an existing order (change of date). The employee familiarizes herself with this document within three days and confirms it with a 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 the work does not matter. If such a desire or need exists, this must be reported to the employer in the application. And the subsequent order will have corresponding content.
Before going to work part-time, an additional agreement to the existing employment contract is concluded between the employee and the employer.
It must reflect the terms of 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 the position from which she went on maternity leave. References to production needs, changes in management, etc. are unacceptable. 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 work duties only during maternity leave can be hired in her place. In this case, they do not have the right to register the employee on a permanent basis. When a maternity leave worker returns to work, the replacement employee quits and the job 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 required 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 time off at her own expense. In this particular case, the employer’s desire is at the forefront. If the issue is resolved positively by management, the maternity leave is extended through rest without pay. This is documented in 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 could be a father, grandmother, grandfather, guardian or any other relative.
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.
Legislative regulation
Article 255 of the Labor Code (LC) of the Russian Federation prescribes a clear time frame for the provision of maternity leave. They must be in accordance with the gestational age established in the medical institution. The onset occurs 70 days before the expected birth if a woman is pregnant with one child and 84 days if with two or more.
Regarding the next annual paid leave, the situation here is slightly different. Article 123 of the Labor Code of the Russian Federation declares that rest for each of the organization’s employees is provided strictly in accordance with the schedule, which must be drawn up no later than 2 weeks before the start of the new calendar year.
If a woman knows that she is pregnant, then she can ask to adjust the schedule due to the fact that she wants to go on vacation before or after maternity leave.
It is worth noting: according to Article 124 of the Labor Code of the Russian Federation, in some exceptional cases, annual paid leave can be transferred to the next year (but no more than 1 year). If before maternity leave a woman has the right to two vacations, then she has the right to take both, one after the other.
The legislation does not stipulate that pregnant women are in a special position regarding the provision of regular rest. Only in Art. 260 of the Labor Code of the Russian Federation states that the employee has the right to ask the employer to provide another vacation either before the start of maternity leave or immediately after it, and Art. 125 of the Labor Code of the Russian Federation states that it is prohibited to recall a pregnant employee.
It is worth noting that the lack of length of service does not affect the possibility of granting a pregnant woman annual leave, which means that the employee can not only take the rest she has already earned, but also take it in advance, towards future work activities. At the same time, as stated in Art. 125 of the Labor Code of the Russian Federation, a woman has the right to request both the entire time interval of annual leave and only a part.
How to calculate compensation for vacation upon dismissal after maternity leave
Not every woman whose maternity leave is coming to an end wants to go back to work. This may be due to family circumstances or other reasons. On the day of dismissal of the employee at her own request, she must be paid compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation). And here the question immediately arises of how to calculate correctly.
By the way, let us remind you that compensation is due to all resigning employees, regardless of the grounds for termination of the employment contract
(Letter of Rostrud dated July 2, 2009 No. 1917-6-1). Provided, of course, that the employee did not take all the days off before dismissal.
Conditions for granting leave
Conditions for granting leave after maternity leave:
- The employee must write a written application for leave addressed to the employer.
- She did not use annual leave before maternity leave.
- Taking annual leave is not a woman's responsibility.
- The right to leave after maternity leave is granted not only to the mother of the child, but also to another person who was on maternity leave . In particular, guardians, adoptive parents, fathers.
- If an employee used 28 days of vacation in advance and then quit, then the overpayment of vacation pay is deducted from the income accrued to her upon dismissal.
Procedure for calculating compensation
To determine the amount of compensation, you need to multiply the employee’s average daily earnings by the number of unused days.
Average daily earnings are calculated for the 12 calendar months preceding dismissal. That is, in the same order in which average earnings are determined when calculating vacation pay (Article 139 of the Labor Code of the Russian Federation).
But in this case, the 12 months preceding the month of dismissal is parental leave. Or maternity and child care leave. That is, this is the period during which the employee was not paid wages. And according to the rules, it must be replaced by a period of the same duration preceding these vacations (clause 6 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, Letter of the Ministry of Labor dated November 25, 2015 No. 14-1 / B-972).
Note that the length of service that gives the right to annual paid leave is included for pregnancy and childbirth, but is not included for child care (Article 121 of the Labor Code of the Russian Federation). This also needs to be taken into account when determining compensation for unused vacation.
Vacation pay is calculated based on the average earnings accrued and paid for the last year worked. When an employee goes on maternity leave, she is absent for 140 days, and in the case of the birth of several children or in case of a difficult surgical birth, even a longer period.
An accountant, when calculating vacation pay after maternity leave, takes into account these components, which are included in both the length of service and the insurance period. To understand what period to take for calculating vacation pay, you should carefully read the requirements of the law, on the basis of which one year worked by the employee before the first day of the annual vacation period is taken as the calculation period.
- woman's salary;
- production bonuses;
- additional payments;
- allowances;
- long service payments;
- benefits accrued for the period of temporary disability;
- indexation charges;
- regional coefficient.
Do not affect the amount of payments for the next leave after maternity leave:
- one-time payments;
- compensation accruals for unused funds for vacations and business trips;
- fees received for achievements in the literary field or for some inventions;
- prize payments received for competitions or winning competitions;
- subsidies for food and travel;
- additional payments in the form of congratulations;
- interest on bank deposits;
- dividends from shares.
The financial calculation of payments due for the annual vacation period after the end of maternity leave is no different from the calculation procedures for ordinary vacation of an employed person.
Its implementation boils down to:
- to the summation of all accounted accrual items for twelve months,
- dividing the result by 12 and 29.4.
- the resulting value should be multiplied by the number of days for which the employee goes on vacation.
The number 12 corresponds to the number of months for which income is taken into account when calculating. 29.4 is a constant value.
Vacation pay calculation
In general, vacation pay is calculated as follows:
Formula:
Vacation pay = Income for the last 12 calendar months / (12 * 29.3) * Vacation days
In the case of going on another vacation immediately after maternity leave, the first indicator is absent in the formula, since the woman had no income during this period.
In such a situation, you need to rely on clause 6 of the Decree of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016).
It says here that if in the calculation period there was no earnings, days worked, or it consisted entirely of excluded time (caring for a child under 3 years of age is such), then the calculation period for average earnings can be an earlier period preceding maternity leave.
The formula is valid if the entire period for the calculation has been worked out in full, that is, it did not contain:
- sick leave;
- vacations of any kind;
- business trips;
- suspensions from work.
If such an event occurred in any month of the annual period, then for such a month the number of days is not 29.3, as in the formula above, but (days worked/total number of days) * 29.3.
You can calculate your vacation pay using the online calculator here.
Simple, convenient and free calculator.
Example
Example conditions:
The woman’s maternity leave began on November 23, 2015, and childcare for a child under 3 years old ended on February 2, 2019. The employee went to work and wrote an application for 28 days of annual leave.
For the estimated period for calculating vacation pay immediately after maternity leave, you need to take 12 calendar months preceding the sick leave: from 11/01/2014 to 10/31/2015.
During the period from November 1, 2014 to October 31, 2015, 320,000 rubles were earned. In June 2015 I had 10 days of sick leave.
Calculation:
Vacation pay = 320,000 / (29.3*11 + 29.3*20/30) * 28 = 26,211.86 rubles.
An example of calculating compensation for unused vacation after parental leave
HR specialist Maryanova G.N. has been working at Spektr-M LLC since 08/10/2015. In the period from 03/13/2017 to 07/03/2017 she was on maternity leave, and from 07/04/2017 to 11/21/2018 - on maternity leave. The date of dismissal of the employee is November 22, 2018.
The initial billing period is from November 2021 to October 2018. But Maryanova G.N. At that time I was on maternity leave. Therefore, the calculation period is taken from 03/01/2016 to 02/28/2017. Further compensation is calculated according to general rules.
For the period from 03/01/2016 to 02/28/2017 Maryanova G.N. payments used in calculating compensation were accrued for a total amount of RUB 432,600. 11 months of the specified period were fully worked. But from August 1 to August 28, 2021, she was on vacation. That is, for the purposes of calculations for August, she worked 2.8 days. ((31 days – 28 days) / 31 days x 29.3 days). Let us remember that 29.3 is the average monthly number of days per year.
Accordingly, the number of days she worked during the billing period was 325.1 days. (11 months x 29.3 days + 2.8 days). And the average daily earnings is 1330.67 rubles. (RUB 432,600 / 325.1 days).
Next, we determine the number of unused days by the employee. Total Maryanova G.N. worked a full 22 months from 08/10/2015 to 06/09/2017 and another 25 days (from 06/10/2017 to 07/03/2017 and 11/22/2018 is also taken into account - the day of dismissal), which are rounded up to a whole month (clause 35 of the Rules, approved by the Tax Code USSR 04/30/1930 N 169). Since maternity leave is not excluded when calculating the number of unused days.
Total Maryanova G.N. the employer would have to provide 53.67 days of compensatory leave. ((22 months + 1 month) /12 months x 28 days). Of these, she took 28 days off in 2021. The balance is 25.67 days. (53.7 days – 28 days).
Then the amount of compensation will be 34,158.30 rubles. (RUB 1,330.67 x 25.67 days).
How is duration calculated?
It is important for an employer to understand how to calculate a new vacation period after maternity leave using a calculator online or manually in order to calculate how many days of vacation are paid in fact, for time already worked, and what part is paid in advance.
The algorithm for 2021, how to calculate the working year after maternity leave online, includes the calculation of the following indicators:
- the duration of the employee’s work in the company from the very first day of employment;
- the number of days already used by the employee before maternity leave is issued;
- the actual duration of the sick leave and the continuation (if any);
- periods that are included in the length of service for calculating vacation pay;
- periods that are excluded from the length of service when calculating vacation pay.
Now let’s create a small formula for ourselves on how to calculate the period of leave after maternity leave and its duration. To do this, we subtract from the total length of service the periods for which vacations have already been taken. From the resulting balance we subtract all days that are not included in the length of service for calculating vacation. In fact, only the actual time worked and the sick leave period according to the BiR remain in the calculation. And maternity leave is not included in the calculation.
Experience before registration
When calculating the working period, we take into account not only fully worked months. For example, if a woman in labor worked only three weeks before maternity leave, then this period is counted as a full month.
Pay attention to the condition under paragraph 35 of the rules approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169. If the employee worked for more than two weeks, then this period is included in the calculation as a full month. If two weeks are not worked, then vacation during this time is not granted at all.
For example, PPT LLC has established a standard rest period of 28 days. Sales consultant Marinina got a job on 07/01/2021, and already on 08/24/2021 she went on maternity leave (she provided sick leave for the BiR).
Marinina worked for 1 month and 24 calendar days. For a full month, the employee is entitled to 2.33 days of rest (28 days / 12 months).
But what about a month that is not fully worked? Let's check. 24 calendar days or 16 working days are more than two weeks, which means we count this period as a fully worked month.
As a result, employee Marinina is due vacation pay two months before the B&R, that is, 4.66 k. days. (2.33 days + 2.33 days).
Duration of B&R for vacation pay
Please note that when calculating leave after maternity leave, the period of stay on sick leave for pregnancy and childbirth is also counted. Consequently, the number of unused paid days increases.
The calculation of days depends on the duration of the main vacation for a particular employer. With a standard vacation period of 28 days, the calculation is as follows:
| Duration of B&R | Amount of days |
| 140 days - singleton pregnancy, childbirth without complications | 11.65 days, which corresponds to five full months (2.33 days × 5 months) |
| 156 days - singleton pregnancy, birth was complicated | 11.65 days, which corresponds to the same five full months (2.33 days × 5 months) |
| 194 days - multiple pregnancy | 13.98 days, which is equal to 6 full months (2.33 days × 6 months) |
The period of childcare is not counted towards the length of service for calculating vacation pay. Neither up to 1.5 years nor up to 3 years should be included in unused leave after maternity leave. The standard is enshrined in Art. 121 Labor Code of the Russian Federation.
For example, if the same employee of PPT LLC Marinina filed a labor and labor account for 140 days, then at the end of the maternity period the employee will be able to claim 16.31 days of rest (4.66 days for hours worked and 11.65 days for labor labor ).
Employee rights while on vacation
When applying for a vacation period after the end of maternity leave, a woman has certain rights, for which, in case of violation of their implementation, the employer is responsible.
- While a person is on vacation, especially after returning from maternity leave, he is not allowed to be recalled back to the workplace. However, with the written consent of the employee, in emergency situations, a forced return to fulfilling work obligations is allowed.
- After the end of maternity leave, a woman can take an ordinary vacation and then resign of her own free will.
- If there are unpaid days off following the results of the pre-maternity period, they can be added to vacation days.
- It is impossible to formalize the dismissal of an employee during an annual vacation, with the exception of the liquidation of the company where she works.
- It is allowed to divide the vacation period into parts.
- If a woman is fired immediately after the end of her maternity leave, she is entitled to payment of financial compensation in the amount of the entitlement vacation pay that she would have been entitled to if she had taken time off.
Additional leave time provided to women after the end of maternity leave provides them with the opportunity to solve family problems related to the placement and care of children, and calmly begin to fulfill their work obligations.
Use of available vacation days
Pregnant or postpartum employees who have already used vacation time cannot count on receiving vacation time in advance. That is, if the vacation for the current working year has already been taken, then the organization (individual entrepreneur) should not provide days for the upcoming periods.
However, if a pregnant employee has vacation days for the current working year or previous years, then she has the right to maternity leave. In a similar manner, if there are unused days, they must be provided after maternity leave, if a corresponding application is received.
The choice of when to take the available days off rests with the employee. It is clear that there can be no talk of any refusals with references to the vacation schedule in such situations.
It is important to understand that the course of service for annual paid leave during maternity leave is not interrupted, therefore, while the employee is on maternity leave, she will have new days off in her piggy bank.
Procedure for provision
Leave after maternity leave is granted in the following order:
- The employee writes a statement addressed to the employer.
- The employer reviews it in due time and issues an order to provide annual paid leave.
- The order is transmitted to the accounting department and vacation pay is calculated on its basis.
- Vacation pay is paid three days before the start of the vacation.
An application for leave is submitted to the head of the enterprise and must contain information such as the employee’s position, her full name, the number of days of leave and its start date. It must refer to the provisions of Art. 260 Labor Code.
When is the best time to leave maternity leave?
A young mother can return to work even before the end of the period for caring for the child. The employer, at the request of the employee, is obliged to hire her again to her previous position.
The deputy is transferred to another position or dismissed. It is necessary to notify management in advance of your intention to return to work. The application for leaving maternity leave contains the following information:
- At the top right is the full name of the employer (in whose name the application is written).
- Below is the employee's full name.
- The text of the application, including the date of departure from leave, a request to stop accruing payments to the child.
- Date and signature of the employee.
If a woman returns to the workplace before the end of maternity leave, it is necessary to indicate whether she is returning to full-time or part-time work.
When the employee returns to full-time work, benefits are stopped. And if for a shortened day or week, then payments for the child are maintained until the child reaches the age of three. Based on the application, the organization issues an order for the employee to return from maternity leave.
If for some reason a young mother is unable to go to work when the baby reaches the age of three, the employer has the right to terminate the employment contract. Therefore, to avoid full payment and dismissal, care should be taken to take another vacation after the end of the three-year vacation.
If a woman is expecting another child, it is necessary to calculate the date of her second maternity leave. Then you can calculate how many days there will be between the end of the first care leave and the second sick leave according to BiR. After the calculation, you will be able to know for sure whether you will be able to take another day off so as not to go to work.
The calculation may also show that the date of the second maternity leave falls during the period of leave to care for the first child. Then the woman simply needs to write the first application for termination, and the second for sick leave (it is important to confirm the gestational age with a doctor’s certificate).
How to use the calculator
The issue of providing paid leave after the maternity period stands apart. HR and accounting departments constantly confuse when leave after maternity leave is due and whether it is allowed at all. The law obliges young mothers to provide paid leave, and we suggest trying to calculate the period of leave after maternity leave using an online calculator to evaluate how convenient our service is.
Step 1. Enter the date the employee was hired in the first field.
Step 2. Indicate the date of maternity leave in the vacation period calculator for the personnel officer.
Step 3. Enter the date for leaving maternity leave.
Step 4. To calculate the vacation period after maternity leave using an online calculator, all you have to do is click the “Calculate” button. You will immediately see the result of the calculations.
