A woman who is about to leave maternity leave may have questions about whether she can take leave after parental leave under 3 years old. In this regard, many questions arise. The employer can cheat you, so you need to know your rights to protect them.
According to article 256 of the Labor Code of the Russian Federation, on the day of the third anniversary of the child, the woman is still on maternity leave. By law, she can leave vacation the day after her birthday. It is important to remember that upon returning from maternity leave, you must begin the same duties that you had earlier in this company. An employer cannot demote you while you are on parental leave.
During parental leave under 3 years old, a woman can work from home.
A woman can go on vacation after caring for a child under 3 years old. Moreover, she can use it both before leaving on maternity leave and after it. It also doesn’t matter when she had a scheduled vacation. This right is enshrined in article 260 of the Labor Code of the Russian Federation. However, a woman should remember that taking a vacation immediately after the decree is undesirable.
At the same time, it is worth remembering that a woman, according to the law, is not entitled to receive vacation pay and childcare benefits at the same time. Therefore, it is better to take leave after maternity leave, and not before it. Also, the right to another vacation is reserved for a woman if she did not use it before going on maternity leave.
A woman can take up her duties both after the full 3 years, and earlier. The following scenarios are possible:
- The woman spent 3 years on vacation and starts work after their expiration;
- She returns to the performance of her duties before the expiration of this period, while the maternity is closed;
- She works for a company part-time or from home.
Moreover, if a woman leaves the decree ahead of time, she does not need to change the employment contract or draw up any documents. It is enough to warn your employer. Also, if you left the vacation earlier, then if you urgently need an extra vacation, the employer will give you one from the remaining maternity leave. In this case, you will not receive vacation pay, but only receive maternity benefits.
An employee can take leave after caring for a child. Moreover, it does not depend on the vacation schedule. The employee must submit a statement in writing before or after the decree.