From 1.01.2024, a new Law No. 620-FZ began to take effect, regulating amendments to Article 13 of Federal Law No. 81 and Article 11.1 of Federal Law No.255. According to the amendments, citizens who are on parental leave until they reach the age of 1.5 years are entitled to receive monetary compensation, even if they returned to work ahead of time.
In addition, recipients of payments will now be able to claim benefits if they work for another company or another entrepreneur during such a vacation.
What is known about the amendments?
The innovations were expressed in the following points:
- receiving benefits becomes available to all employees, regardless of the mode of employment;
- the recipient of the payment can work full-time or go out for half a day, this will not affect the amount of compensation in any way;
- the same applies to the format of performing official duties: an employee can come to the office or work remotely, he still has the right to claim financial support.
HR manager Maria M. was registered full-time, and then became pregnant and went on maternity leave. After a maternity break, she applied for parental leave up to 1.5 years old. When the latter turned one year old, Maria went to work, re-signing an employment contract for half-time employment. Now she will be able to receive not only a monthly allowance, but also a salary for the amount of part-time work she does.
The updated rules are included in Parts 1-2 of Article 13 of the new version of Federal Law No. 255.
What should be done in order not to lose the right to benefits
The legislation establishes that not all employees can keep the opportunity to receive payments. So, if an employee has not had time to go on parental leave before, he will not be able to resort to the new rule. In other words, you first need to take a break, only after that you can count on saving the allowance. At the same time, starting from 1.01.2024, it has already become possible to go to work full-time. Previously, only employees who work remotely or visit the office on a part-time basis could save compensation.
Accountant Irina S. went on parental leave in January 2023, and in February 2024 decided to return to work full-time. She will receive both benefits and a full salary. If she decided to interrupt her vacation until January 2024, she would have to choose between losing payments and applying for a part-time job or transferring to a remote location.
Employees whose work break occurred during the transition stage will also be able to receive benefits. For example, this applies to employees who went on parental leave before the age of 1.5 in 2023 and went to work in 2024 before the end of the term.
When you go to work after January 1, 2024, your parental leave is interrupted. If the child has not yet turned 1.5 years old, then the right to benefits remains. Care leave is interrupted regardless of the working hours – full or incomplete.
To interrupt parental leave and go to work, an employee writes an application in any form. Based on the employee’s application, an order is issued in any form.
Sample application for employment and termination of parental leave
DOWNLOAD A SAMPLE ORDER FOR EARLY RETIREMENT ON PARENTAL LEAVE
How to arrange a vacation so as not to lose payments in case of early retirement
If the application was made before 1.01.2024, it is not required to issue an additional document or correct anything in the existing form. The filling requirements themselves have remained unchanged. As before, the application is written by hand or printed on a computer in any format. At the same time, the legislation does not regulate in any way how much time must pass from the beginning of the vacation in order for an employee to have the right to return to work duties.
Ekaterina P. and Olga D.’s parental leave for children under 1.5 years old began at the same time — in early December 2023. But the first employee decided to interrupt the period in early March, and the second — at the end of August 2024. Although the duration of the vacation was 4 and 8 months, respectively, both employees have the opportunity to continue receiving benefits along with their salary.
An employee may decide to terminate parental leave before the age of 1.5 in order to return to work duties unilaterally.They have no right to force him, threatening him with dismissal or other sanctions: this would be a direct violation of the Labor Code. To return to work, an employee must make a statement and hand it over to management. On the basis of this document, the enterprise or sole proprietor issues an order to resume work duties in relation to the applicant with payment of salary and accrual of seniority.
The innovations were expressed in the following nuances:
- Simplification of the legal registration of the early return of an employee to a position. If before 1.01.2024 he was obliged to file an application, and the management needed to issue an order for transfer to a part-time job or removal, then now it is possible to resume work on the same schedule and without filling out the appropriate form. Payments will be accrued every month until the employee’s child turns 1.5 years old.
- After the amendments come into force, an employee who is on parental leave can find a job with another company. At the same time, he is not obliged to go to work either to a new employer or to the one who took a break from work for him, if the 1.5-year period has not expired yet. In this situation, it is also not necessary to issue any statements or other documentation.
What to report to the Social Fund
Situations when an employee goes on leave to care for a child up to 1.5 years old, but is going to return to his duties before the expiration of this period are not uncommon. Most often, this is caused by the need to improve the financial situation, as well as the need to maintain professional skills while remaining a valuable employee. The reporting that the employer sends to the SFR indicates the period that is recorded in the original application — 1.5 years from the date of birth of the child.
Both before and after the innovations, the employer is not obliged to notify the Social Fund that the employee interrupted his vacation and returned to work duties. This is due precisely to the fact that receiving a salary is not a reason for canceling financial compensation. In other words, according to PP No. 2010 dated November 23, 2021, it is not required to send a notification to the SFR.
After giving birth, Elena O. went on vacation on October 2, 2023, and the employer sent a notice to the Social Fund that the employee took a break to care for the child from 2.10.23 to 2.04.2025. However, Elena decided to return to her position in July 2024. She takes up her duties, and the employer resumes the payment of wages, while he will not have to send a new notification to the SFR.
Additional payments and vacations
If an employee resumes work before the child turns 1.5 years old, he has the right not only to continue receiving benefits, but also to demand compliance with other rights, according to the Labor Code of the Russian Federation. These include the following:
- regular leave at the expense of the employer;
- disability allowance, for example, as a result of illness or injury;
- extraordinary leave at your own expense.
Please note! If one family member goes to work while retaining the right to receive compensation, the second, for example, a spouse or parent, can go on parental leave himself. However, he will not be eligible to claim the benefit, since the first family member already receives it.
Daria L. resumed her work six months after giving birth, and her husband Oleg went on maternity leave. As a result, Daria receives benefits and a salary, but her husband does not have such an opportunity. In other words, the family will not be able to make 2 payments at once.
The period during which an employee receives monthly compensation for early termination of parental leave is not taken into account to determine insurance claims in the so-called “excluded” days, as well as when establishing the right to a replacement in the billing period. Moreover, it does not matter in what format and what kind of employment the employee went to, interrupting the vacation, whether it was a remote job, full-time or half-time work.
What remained unchanged after the amendments
The innovations did not affect the possibility of full or partial use of the work break by one of the parents or the closest relatives or guardians of the child. As before, you can take a leave of absence only after a break for pregnancy and childbirth. If the mother was not officially registered on maternity leave, the start of the vacation upon reaching the age of 1.5 may come on the day that is considered the actual date of child care.
Briefly about the main thing
- In order to maintain the right to benefits in case of going to work, it is necessary that the employee be on parental leave until this moment. You cannot use the new rule without initial registration of a care leave.
- You can leave full-time parental leave while retaining the right to monthly benefits no earlier than January 1, 2024. Until that day, an employee could continue to receive benefits if he went to work on a part-time basis or at home.
- The right to benefits will remain in the transitional period — if the employee went on leave before January 1, 2024, and after January 1, 2024, he went to work before the child reached the age of 1.5 years. He will receive both a salary and a monthly allowance.