Going to work after birth. Going to work after maternity leave. What does the labor code say? Early withdrawal from the decree on a part-time basis

More and more active mothers practice early exit from maternity leave, in a hurry to start performing their professional duties. What such workaholism is fraught with, and how to learn how to combine caring for a baby and promoting career ladder... Experts told about this to Rambler / Family.

Not an easy choice

Whether to go to work earlier than the officially established deadline or not is a personal choice of every woman, says Nadezhda Safyan, a psychologist, business coach, HR consultant at Gestalt Consulting.

“A child needs motherly warmth and attention. The harmonious emotional state of the mother is also very important: her satisfaction with herself, life and her self-realization. And if a woman feels the need to be realized in the profession, one should not completely abandon this. If a woman goes to work, this does not mean that she is a bad mother, provided that she finds the strength to give the child warmth and affection, ”says the expert.

According to the psychologist, it is much worse if a woman devotes her whole life to a child, periodically reminding herself of missed opportunities and at an unconscious level cultivating a sense of duty in the child. “I sacrificed a lot for him, and therefore he must meet my expectations,” mothers mistakenly argue.

At the same time, there is no guarantee that the parent, who is next to the child 24 hours a day, will give him maximum care and love.

It's bad when a mother, being in close fusion with a child, completely forgets about her needs, - Nadezhda Safyan is sure.

“The role of the mother for such a woman becomes the leading one, she adjusts her whole life to the child. Negative side in the fact that interest disappears, self-doubt arises in a professional context, there is no desire to take care of oneself, ”the psychologist notes.

Not an easy choice

Nobody canceled the risks of short-term maternity leave. Newly made mothers want to sit on two chairs: raise a child and work productively. Unfortunately, both of these goals are not always achievable.

Usually, business leaders and those who are madly in love with their work or those who suffer from hyperresponsibility are in a hurry to "quit" the decree. In order to avoid the consequences of the maximum load, psychologist Nadezhda Safyan advises to harmoniously combine the roles of mother, wife, worker and hostess.

“It is important to properly allocate your time and prioritize. You also need to turn off perfectionism to some extent, lower the bar, always find time to relax and not feel guilty about it. "

As the director of recruitment and business development of SQ-Team Ksenia Gorbunova emphasizes, early withdrawal from the decree can be due to both external factors- the possibility of losing a place or an urgent need for money, and the desire of the woman herself.

“If a woman is not ready to 100% devote herself to a child, she has someone to leave her baby with and she is not tormented by a feeling of guilt, then she will quickly join the working channel, even in the presence of a huge hormonal disruption. If the early exit from the decree is forced, then, of course, there can be difficulties. It is very important for a young mother to be supported by relatives at home and colleagues at work, ”says Ksenia Gorbunova.

Psychologist's advice:

Conduct an internal audit of your needs, desires, and priorities. After the birth of a child, life will no longer be the same as before. The woman will have to give part of her energy to the baby.

With the advent of a child, some responsibilities (cleaning, work, housekeeping) will have to be given less time than before. Perhaps, it is worth involving the rest of the family in solving this issue.

If a woman decides to go to work, you should think about who will look after the child in her absence.

A working mom needs to find time to rest, as the biggest risks are associated with high workload. Rest is also important because hormonal changes occur in a woman's body, which can affect performance.

Working mom and bosses

The attitude of managers to employees who recently left their maternity leave is different: some are afraid that the newly-made mother will not be an effective employee, says a psychologist, business coach, HR consultant of Gestalt consulting Nadezhda Safyan.

“In any case, the manager, after his employee went to work immediately after giving birth, should sit down at the negotiating table and establish new agreements. For example, to reduce the number of requirements for a woman, allow her to work with a free schedule, help to prioritize work, and maybe redistribute the functionality (leave the employee with those functions with which she copes best), ”the expert comments.

Viktor Potapov, Vice President for Human Resources of ARSIANTEK, notes that young mothers in their company may not go on maternity leave, but work remotely.

“We use the SOCOCO virtual office for interaction between remote employees and corporate portal Bitrix 24 for control and accounting of completed tasks. Our staff turnover is very low - no more than 5% per year. Several mothers, having given birth to babies, continue to work, performing the bulk of their duties remotely. I think that the future belongs to this kind of maternity leave, when the mother does not physically leave home, and, without wasting time on the road, has time to work, which allows her not to lose her qualifications, continue moving up the career ladder and build up professionalism. "

Our expert advises women who want to combine motherhood and work to offer their boss to transfer them to "remote work". Yes, at first a slight decrease is possible wages, but this is offset by a free schedule and the ability to devote more time to the baby.

“PR specialists, accountants, appraisers, marketers, brokers, consultants, realtors, programmers, designers can continue to work remotely - in general, almost everyone office workers... Virtual offices, CRM systems, solutions to ensure data security will help you, ”sums up Victor Potapov.

Problems of a Working Mom and Ways to Solve Them

Problems of a working mom and ways to solve them

It is finished! Mom went to work. Now you can enjoy communicating with colleagues, participate in corporate life, improve professional skills and not feel cut off from the civilized world. However, many working mothers continue to be depressed. Let's understand the reasons.

“As for the difficulties and some myths about women after the decree, there are a lot of them, and some of them, of course, are well-grounded. It is difficult for some to concentrate on work, as they think only of the child and feel guilty. Other ladies after a decree, especially a long one, seriously change their speech, since all the time in the decree they dealt only with children's issues and the level of communication has significantly decreased. Many really run appearance because they stop thinking about themselves, ”says Ksenia Gorbunova, director of recruitment and business development at SQ-Team.

At the same time, the expert focuses on the other side of the delay: “I am convinced that having a child is a huge motivator for a woman. She can correctly prioritize, build her work schedule, get more efficiency. The time spent on maternity leave is the perfect training for her. ”

In order not to lose qualifications during the decree, Ksenia Gorbunova recommends my mother read more, replenishing vocabulary that dries up quickly. You also need to try to maintain an active social life, communicate with colleagues and friends, and not withdraw into yourself. It will not be superfluous to track changes in your professional field.

"Does the decree affect career? Everything is very individual. There are ladies who, immediately after the decree and thanks to it, quickly reached professional heights due to their self-esteem, goals and desires. And there are opposite cases, when after the decree, employees remained in the same positions for another 10 years, ”summarizes Ksenia Gorbunova.

So, if you do not want to delay the decree and lose your professional acumen, work for your own pleasure! The main thing is to enlist the support of your family, set your priorities correctly, and agree on a schedule with your superiors.

Have you ever thought about the fact that a young mother sitting at home with her baby is more stressed than her working friend? Imagine mountains of daily washed diapers, washed dishes, packing for a walk ... The last straw is the husband who comes home from work and is so tired that, having barely eaten, he goes to the sofa and falls asleep ...

Sooner or later, regardless of temperament, character, intellectual activity and love of freedom, any mother who is on parental leave begins to feel some discomfort, inconsistency and excessive irritability in everything that concerns (and does not concern) her home, family, child.

She no longer tries to please her husband with homemade dumplings, but is content with purchased semi-finished products, she no longer wants to get up before her husband wakes up and direct a marafet so that he admires her freshness (by the way, he has not paid attention to this for a long time). Hiking in gym, the pool does not deliver as much joy as at the very beginning, for the simple reason that the social circle there is all the same mothers sitting at home. Even if this is not so, and in the classroom in step-classes a lady with a brilliant career is engaged next to you, then conversations with her do not deliver either relaxation or joy. Why - you know yourself, but you try not to admit it to yourself.

Option one

If you have dreamed all your life of a prosperous family and a bunch of kids, then ... What, in fact, do you (business woman) share with her and what to envy? You have everything you dreamed of: home, family, beloved husband and child !!!

At the same time, keeping your own body in order, having learned, for example, a foreign language, after completing computer courses, you will be interesting not only to your husband, those around you, but also to yourself. There is no need to talk about the child: he will be delighted if his mother explains to him how to turn on the computer, or begins to introduce him to foreign language... In addition, you will also gain a share of the independence that a woman needs even in relation to her beloved.

Option two

If you are one of those women who, although they do not put work above all else, nevertheless intend to return to the place where they left after the "care" leave, or after graduating from college during this time (which is already beyond praise), you would like to find work, the only advice is - act. Three years, kindly given to us by our state, is not an installation. You are free to go to work whenever you want. But it is so provided by nature that, as a rule, the first 3-6 months, or even the entire first year of a baby's life, no one and nothing can force the mother to leave the baby for at least a couple of hours. Her brain is on this moment works in the "mother-cub" mode, and neither the problems in Iraq nor the volcanic eruption on Red Square can pull her out of this state. Added to this is a completely natural reason why it is simply impossible to be absent for a long time - breastfeeding. In this case, it is better to postpone going to work until it is completed, unless, of course, circumstances dictate the opposite.

We must not forget about the health of the baby: the readiness of the mother does not mean at all that the baby is able to part with her, albeit for a short time. So decide and choose a job depending on the circumstances: take it home, leave for a couple of hours yourself, and so on, but ... Do not artificially delay the exit "to the service".

As soon as you cross the one-year-old milestone, every month, every week and every day you take a step, it will be more and more difficult to "start" going to work. It is not clear where extremely serious circumstances and obstacles come from: either you cannot choose a kindergarten, then the nanny has left, then the salary is offered small, then work is far from home ... In fact, any problems are solvable. It's just that sometimes you come up with them yourself or, which is also not uncommon, your relatives come up with them. After all, what to hide, many of them are amazingly comfortable that you are sitting at home. The main thing is to decide that you are going to work. There and then a nanny will be found, a garden will be found, the salary will seem bearable and the job wonderful.

There is one more nuance "thanks" to which you subconsciously can delay going to work. This is the fear of your own incompetence, the fear of not coping with responsibility, of doing something wrong ... If you really want to go to work, then try to keep in touch with colleagues, study the latest computer programs, read the political, economic press, and not just magazines for young mothers. And when you go to work, do not hesitate to show that something is unclear, incomprehensible or unfamiliar to you. This is not at all a consciousness of your worthlessness and helplessness, but an opportunity to get better acquainted with new people, new trends and receive information from a specialist.

Option three

Recently, there are more and more women who are engaged in business themselves. They are so successful that they are able to provide for themselves and their child. It is they who try not to leave the working chair almost until the last day of pregnancy, but to go to work almost from the maternity hospital. It also happens that already in the postnatal ward, a newly-made mother signs, for example, a purchase and sale agreement. Interestingly, many business mothers suddenly change their decision to return to the office "as soon as possible," and, being unable to give their baby into the wrong hands, stay at home "at least" for a couple of months. Some of them continue to lead, as they say, without leaving the ladle of porridge, and someone is so involved in their new position that simply hands over all affairs to assistants and deputies. Some retire altogether. If this fate has passed you and you jumped out to work, as soon as you could more or less bearably sit without a pillow under your side and move around without spreading your legs shoulder-width apart, throw out the worries and arguments "about the bad mother's complex" from your head. You were just born that way and no other behavior is unusual for you. In addition, everything that you do now, you do first of all for the child. For his son or daughter, who ever since they came into this world, nothing human is alien. They, just like us adults, want to drink, eat, be dressed and shod. The only thing a business mother should always remember is that her baby really needs to feel her warmth, care, communicate with her, see her and feel the touch of gentle hands. And this is not as easy as it seems. Communication during the day with an insane number of people, nervous overstrain during a business meeting, an hour and a half traffic jam in the city center, clarifying relations with partners and competitors, a broken heel and the inability to at least throw something into the stomach ... Believe me, after all this to come home with a radiant face and, throwing off your cloak with a light movement, spinning around the nursery, hugging the child, will, frankly, not be easy, at least for a normal person.

To each his own. Someone is created to improve the home and raise children, someone successfully combines an excellent wife, mother and a wonderful worker, and someone does not imagine himself as a respectable housewife and feels like a fish in water in the role of "lady boss". There can be no doubt, everything will work out! Whether you are a lover, a business mom or a jack of all trades.

More and more active mothers practice early exit from maternity leave, in a hurry to start performing their professional duties. What such workaholism is fraught with, and how to learn how to combine caring for a baby and moving up the career ladder. Experts told about this to Rambler / Family.

Not an easy choice

At the same time, there is no guarantee that the parent, who is next to the child 24 hours a day, will give him maximum care and love.

It's bad when a mother, being in close fusion with a child, completely forgets about her needs, - Nadezhda Safyan is sure.

“The role of the mother for such a woman becomes the leading one, she adjusts her whole life to the child. The negative side is that interest disappears, self-doubt arises in a professional context, there is no desire to take care of oneself, ”the psychologist notes.

Not an easy choice

“It is important to properly allocate your time and prioritize. You also need to turn off perfectionism to some extent, lower the bar, always find time to relax and not feel guilty about it. "

As the director of recruitment and business development of SQ-Team Ksenia Gorbunova emphasizes, early withdrawal from the decree can be due to both external factors - the possibility of losing a job or an urgent need for money, and the desire of the woman herself.

Psychologist's advice:

Conduct an internal audit of your needs, desires, and priorities. After the birth of a child, life will no longer be the same as before. The woman will have to give part of her energy to the baby.

If a woman decides to go to work, you should think about who will look after the child in her absence.

Working mom and bosses

Viktor Potapov, Vice President for Human Resources of ARSIANTEK, notes that young mothers in their company may not go on maternity leave, but work remotely.

“We use the SOCOCO virtual office for interaction between remote employees and the Bitrix 24 corporate portal to control and record completed tasks. Our staff turnover is very low - no more than 5% per year. Several mothers, having given birth to babies, continue to work, performing the bulk of their duties remotely. I think that the future belongs to such maternity leave, when the mother does not physically leave home, and, without wasting time on the road, has time to work, which allows her not to lose her qualifications, to continue moving up the career ladder and to increase professionalism. "

Our expert advises women who want to combine motherhood and work to offer their boss to transfer them to "remote work". Yes, at first, a slight decrease in wages is possible, but this is offset by a free schedule and the ability to devote more time to the baby.

“PR specialists, accountants, appraisers, marketers, brokers, consultants, realtors, programmers, designers - in general, practically all office workers can continue to work remotely. Virtual offices, CRM systems, data security solutions will help you, ”sums up Victor Potapov.

Problems of a Working Mom and Ways to Solve Them

Problems of a working mom and ways to solve them

“As for the difficulties and some myths about women after the decree, there are a lot of them, and some of them, of course, are well-grounded. It is difficult for some to concentrate on work, as they think only of the child and feel guilty. Other ladies after a decree, especially a long one, seriously change their speech, since all the time in the decree they dealt only with children's issues and the level of communication has significantly decreased. Many people really start the look, because they stop thinking about themselves, ”says Ksenia Gorbunova, director of recruitment and business development at SQ-Team.

In order not to lose qualifications during the maternity leave, Ksenia Gorbunova recommends that my mother read more, replenishing her vocabulary, which quickly dries up. You also need to try to maintain an active social life, communicate with colleagues and friends, and not withdraw into yourself. It will not be superfluous to track changes in your professional field.

“Does the decree affect career growth? Everything is very individual. There are ladies who, immediately after the decree and thanks to it, quickly reached professional heights due to their self-esteem, goals and desires. And there are opposite cases, when after the decree, employees remained in the same positions for another 10 years, ”summarizes Ksenia Gorbunova.

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Russian law provides for women who have given birth to a child the opportunity to care for him until the age of three without losing their jobs. However, being in maternity leave for such a long time a woman can, but does not have to. If she wants, she can return to work at any time after the end of the maternity leave. The procedure for returning to your workplace depends on the time of departure and the desired scope of performance of official duties (full or part-time).

Exit from the decree to work

In the legislation, the so-called maternity leave is divided into two components - maternity leave and parental leave (Labor Code of the Russian Federation, Articles 255, 256). The first part is provided on the basis of sick leave and has a fixed duration. It depends on:

the course of pregnancy;
difficulty of childbirth;
the number of children born at a time.

Taking these factors into account, it can range from 140 to 194 days. The total duration of this part of the maternity leave is divided into two periods of time - before and after childbirth. From 70 to 84 days is given to a woman in the prenatal period, the rest of the days - after the birth of the child.

This part of the decree is fixed, even if the child is born earlier or later calculated by the doctor who issued the sick leave, the date, the total duration of maternity leave does not change.

The second part is provided at the request of the woman, until the child reaches the age of three. It is easy to calculate the date of issue on maternity leave after sick leave for pregnancy and childbirth - this is the next calendar day.

This part of the leave can be provided not only to the mother of the child, but also to any close relative.

The head issues an order (order), which establishes the standard duration of this leave - until the day the child reaches the age of three. The next day after graduation, the employee is obliged to go to work.

The procedure for issuing a withdrawal from the decree

If the exit to work is scheduled within the time frame specified in the order for maternity leave, then there is no need to bring any additional statements or papers. The employee just goes to his workplace.

By this time, the employee who temporarily held this position should be dismissed.

An employee who has withdrawn from the decree must be provided with his previous workplace. Moving to other positions or types of work without the consent of such an employee is a violation labor legislation.

When the employer does not want to lose the employee who held the maternity position, he can offer the leaving employee another job. A woman has the right to agree to such a transfer if she is satisfied with the new working conditions.

For example, the company's management may offer it more high position, transfer to an office that is closer to home or kindergarten, remote work while maintaining the same level of wages, etc.

A different situation develops when an employee decides to terminate the decree ahead of schedule. Very often, a woman decides to go to work after the child turns one and a half years old. This is due to the fact that they stop paying the child care allowance. ( the federal law No. 81-FZ dated 19.05.1995). However, the law does not prohibit the interruption of maternity leave at any time after the birth of a child.

Leaving maternity leave ahead of schedule

Before going to her workplace before the deadline for the end of maternity leave indicated in the order, a woman must notify the employer of her decision a few days in advance and discuss the desired mode of work with him.

The legislation does not set a time limit in which to notify the employer in case of early interruption of vacation. But, it must be remembered that he must comply with the procedure for dismissing an employee who temporarily holds the position of maternity.

Therefore, it will be better if the woman warns the employer at least a week before the planned exit to work. In large organizations, the exact timing of such a warning can be set in internal regulations.

For documenting early interruption of the vacation, the employee must write to the manager a statement of withdrawal from the decree before the date of its end, and also indicate in it on full or part-time work she is going to leave.

If a woman leaves the decree less than a year and a half after its start, then she can work part-time and at the same time receive childcare benefits.

In addition, such an employee is entitled to paid breaks for feeding a child (Labor Code of the Russian Federation, art. 258). This time is included in the working time and is payable according to the average earnings. A woman with one child under one and a half years old has a break for half an hour, every three hours of working time, when there are more children - one hour. At the request of the employee, she can use this time in total:

before starting work
at the end
at lunchtime.

After receiving an application for leaving maternity leave, the employer issues an order (order) to change the previous document, which established the estimated end date of parental leave, as well as to dismiss an employee who holds a position temporarily until the main employee leaves.

Extension of maternity leave

When the child reaches the age of three, the woman is obliged to go to work after the decree. It cannot be extended by law. However, there are often situations in life when it is necessary to postpone the date of leaving the parental leave.

For example, kindergarten were quarantined, and there are no relatives or friends with whom you can leave the child. Or you need to urgently leave for family reasons.

There are two ways out in this case. You can take days next vacation, if it has not been used up earlier, and write an application for unpaid leave. In the second option, its provision will depend on the wishes of the employer.

If an agreement is not reached, and the employee does not appear at the workplace in fixed time, then she can be fired for absenteeism.

Transition from maternity leave to maternity leave without going to work

When a woman, while on parental leave for one child, becomes pregnant again, the algorithm for granting the next decree is similar to the previous one. She provides work sick leave for pregnancy and childbirth and writes an application for new maternity leave. An order is issued with a new date of entry to the workplace when the second child reaches the age of three.

If the first maternity leave ends at least a day before the start of the sick leave, then the employee must go to work.

You cannot receive childcare and maternity benefits at the same time. A woman must choose one of them.

The way out of this situation is to reissue the care allowance for someone from close relatives (father, grandfather, grandmother, etc.).

If for the period after leaving on the first maternity leave and before the sick leave for pregnancy and childbirth in the company where the woman worked, the salary was increased, then she may decide to go to her workplace for several days. This is to increase the second child benefit.

In this case, an application for interruption is also written before the period of maternity leave, and the employer issues an order to change the timing of the main employee's exit to the workplace and dismiss the temporary one.

If the employer does not want the temporary worker to leave the organization, then at the time the main employee leaves, he can be transferred under a contract to another place.

For example, in the same department, an employee went to labor leave, in his place for a few days, you can arrange a temporary worker or simply withdraw a unit for the state for this time.

After the main employee leaves for the second decree, the temporary employee is again registered in his place.

Difficulty returning from maternity leave

At the end of the maternity leave, the woman must be provided with the previous job (Labor Code of the Russian Federation, art. 256). In practice, there are situations when the employer is unable or unwilling to release him.

Firstly, any manager understands that a small child becomes the reason for the mother's frequent absence from work due to sick leave.

Secondly, a temporary employee can objectively perform better than a main employee who for a long period absence loses the skills necessary for the performance of official duties and he needs a certain adaptation period.

Thirdly, in a few years the situation could change and the unit in which the woman worked ceased to exist. For example, in a large trading network it was decided to close one of the shops where a woman had worked before the maternity leave. This situation is not the liquidation of the employing organization itself, but only the reduction of the staff.

The only way out that legislation offers is voluntary consent women for transfer to another job.

Failure to provide the previous place of work, its reduction before the employee leaves maternity leave, transfer to another position by order are violations of labor legislation and entail penalties for the employer.

In addition, a woman with a small child cannot be fired at the initiative of the employer, except in cases of disciplinary offenses.

One of the most common violations on the part of the employer is the extraordinary recertification of an employee who has returned from maternity leave. This is done in order to prove his inconsistency with the previous position. The legislation directly prohibits doing this.

If the employer cannot provide the employee with his workplace on time after maternity leave, then the employee is entitled to payment of time forced downtime through the fault of the employer (Labor Code of the Russian Federation, Art. 157).

For example, due to the fact that a temporary employee was on a business trip, he could not be fired if the main employee left early maternity leave.

During such downtime, the employee is obliged to be at his workplace, otherwise his absence may be considered absenteeism.

The actions of the employee if the employer interferes with the exit from the decree

Sometimes an employee cannot go to his workplace, due to the fact that the employer does not release him from a temporary employee, does everything possible to dismiss the maternity worker, and does not allow him to engage in previous official duties. Such actions of the employer become the reason for a complaint to the labor inspectorate or the court.

Inspection officers can hold such an employer liable for violation of labor laws. If such a violation is detected for the first time, then executive will receive a fine of up to 5,000 rubles, and the company may be fined up to 50,000 rubles. If the violation is repeated, the fines increase, respectively, up to 20,000 rubles and 70,000 rubles.

The reason for the litigation is illegal dismissal and preventing an employer from performing an employee's job. In this case, in addition to reinstating the employee at the previous workplace, the court obliges the employer to pay wages and moral compensation.

The state provides additional privileges for employees on or leaving maternity leave. In a situation where the employer does not want to provide the previous job and does not settle this issue with the employee on a voluntary basis, he is liable under the law.