home > Hair

How can a father go on maternity leave to care for a child if his mother does not work? How to apply for maternity leave for the father of a child. Is it possible for a father to go on maternity leave?

Adoptive parents who take a baby into the family are entitled maternity leave when adopting a child. Knowing your rights and the nuances of the law, you can arrange it with the greatest benefit for yourself and your desired child.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Concept

Maternity leave for the adoption of a child is a special type of maternity leave, which the adoptive mother of a minor up to 2.5 months It is allowed to issue instead of leave for adoptive parents in order to maintain the secrecy of adoption ().

  • in connection with the adoption of a child into the family ();
  • “false” maternity leave ().
  1. The legislator specifically focused on the gender of the adoptive parent: maternity leave cannot be entered into a man’s work book, even if it was received as a substitute.
  2. The actual duration of rest when moving from to will not change, since the starting point remains the same.
  3. The point of the replacement is to maintain the secrecy of adoption. The documents will be prepared as if the woman actually gave birth to a child.

Video: state maternity benefit

Legislation

  1. The Labor Code guarantees adoptive parents the opportunity to take some type of leave in connection with adoption.

    Since adopted children have the same legal status as blood children, the Labor Code extends to adoptive parents the guarantees provided for citizens with family responsibilities.

  2. The procedure for granting leave to employees who have adopted a child is regulated by the same name
  3. Of fundamental importance for the calculation and payment to adoptive parents is

Decor

All types of leave related to raising children are provided on an application basis. The administration of the enterprise is not obliged to find out the fact of pregnancy or the appearance of an adopted child in the employee’s family.

You must notify your employer of your desire to take leave in writing. It would be good to do this verbally in advance. The employer does not have the right to refuse an adoptive parent who has not previously notified his intentions and requires leave.

The type of application and the list of attached documents depends on the type of leave:

Payments

Leave due to adoption is paid by the Social Insurance Fund in the same way as maternity leave. The amount of payments directly depends on the official earnings of the adoptive parent; in the absence of experience, they are calculated based on the minimum wage.

Maternity payments, like vacation, can only be received if adopted child didn't reach 2.5 months. Maternity leave is calculated on a daily basis. If the vacation lasts less than 70 days, then the amount of payments will be reduced.

Guarantees adoptive parents the right to receive a one-time benefit in the amount of 8 thousand rubles., and when adopting a disabled person, a child over 7 years old, several children who are each other's brothers/sisters - 100 thousand rubles. for everyone.

The procedure for accrual and payment is regulated. A working adoptive parent receives benefits on an application basis through the employer.

Deadlines

1. Regarding 70 days of the adoptive parent's maternity leave, the following should be clarified. The number of days indicated is the maximum. However, even if adopted child is a newborn, rest everyone 70 days Not sure it's going to happen.

  • According to physiological parents, they can draw up a waiver for the child, and thereby allow his adoption only after birth.
  • Adoption takes place exclusively in court. You can go to court if you have a child’s birth certificate from the registry office in hand.
  • The judicial procedure involves separate stages: filing an application, scheduling a meeting, and considering the case. According to the absence of an appeal, the court's verdict on adoption will come into force after 10 days.
  • Because the 70 days The vacation period starts counting from the date of birth of the child; procedures and formalities shorten it.

2. Having approved the candidacy of the adoptive parent, the court may, but is not obliged to oblige the registry office to change the entry about the parents () and shift the date of birth. If this happens, the maternity leave will be counted from the day that is written on the newly issued birth certificate.
3. The period for payment of a one-time benefit in connection with the adoption of a child is 10 days.

What difficulties might there be?

  1. There shouldn't be any problems getting maternity leave. The state is interested in adoption and promotes it in every possible way.

    Maternity payments are financed from the Social Insurance Fund.

  2. A conflict with the administration may arise if the employer needs the adoptive parent on site. The boss may be angry, but legally he is powerless.
  3. Although the law guarantees the secrecy of adoption, its actual enforcement is difficult.

Questions

The main issues are discussed below.

Is it possible to refuse

No one forces the adoptive parent to take leave if he himself does not declare his right.

Since maternity leave is designed for a woman giving birth, and the Social Insurance Fund pays maternity leave in advance, leaving it early is very problematic.

On the contrary, you can leave maternity leave at any time. While on vacation, it is permissible to work part-time/weekly, up to 0,99 rates.

Can my husband apply?

A man can take leave in connection with the adoption of a child into the family (), but cannot replace it with a “fake” maternity leave (). The husband has the right to take parental leave.

Other

Traditionally in Russia, maternity payments are called compensation from the state at the birth of a child. These include:

The first two payments from the list are directly related to pregnancy. It is logical that only the mother of the child can receive these compensations. The father has no right to claim them.

As for points 3 and 4, maternity leave can be received by any of the baby’s parents, that is, the husband and father as well.

Payments during parental leave to care for a child under three years old are only 50 rubles per month, so few people use them. However, the father of the child can receive this compensation subject to the extension of parental leave.

Payment amount

So, dads can qualify for two types of financial assistance. How much money can you get?

The amount of compensation from the state is 16,759.09 in the current year. It is paid only for living infants to either parent. In the event of the birth of several babies, the benefit is based on each of them.

Important! If both parents are employed, or vice versa, both are unemployed, they can independently decide which of them will receive the money.

If one of the parents works and the other does not, then compensation is assigned to the parent who is officially employed.

Step-by-step instructions for applying for benefits.

As for child care funds, the amount of benefits payable to a new father is 40% of his average monthly salary.

Such earnings are determined based on data for the two years preceding the vacation, but the total amount of payments should not exceed the average monthly earnings for the last 2 years.

The maximum possible payment this year for child care for dads going on parental leave is 24,536.57 rubles.

If dad's salary does not exceed this indicator, it will be used to calculate the payment (that is, 40% of it will be considered). Thus, monthly financial assistance will be equal to 3795.6 rubles.

Please note that dad has the right to work part-time, in which case he retains the right to financial assistance. And here It is prohibited to work and simultaneously receive the above payment.

Unemployed fathers are given child care benefits in the amount of 3,142 rubles for the birth of their first child, and 6,284 rubles for the second and subsequent children.

The size of benefits is also affected by the regional coefficient. Accordingly, if one is established in the region of residence of the father, this will be another addition to the maternity payment.

Can a husband and father receive maternity leave if his wife does not work?

The husband and father can receive maternity benefits regardless of whether the child’s mother works or is unemployed.

Moreover, in addition to the legal husband of the child’s mother, the child’s biological father can also receive benefits, even if his mother and father did not legally start a family.

If necessary, parental leave and payments can be granted to close relatives of the child’s parents.

Important! Required condition receiving maternity benefits for dad - the presence of his last name, first name and patronymic in the “father” column of the baby’s birth certificate.

How to apply for maternity benefits for your husband

As stated in paragraph 3 of Art. 12 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, when a man decides to go on maternity leave instead of his wife, he applies for benefits within six months from the birth of the child and before he turns 1.5 years old.

If the spouse is entitled to leave due to pregnancy and childbirth, then child care benefits can be received only after its end. It is appointed within ten days after submitting documents.

To officially go on maternity leave and receive all the payments due, the baby’s father must collect the necessary documents:

  • benefit application();
  • copy and original of the child’s birth certificate;
  • a copy of the marriage document;
  • a copy of the applicant's passport;
  • a certificate confirming that the child’s mother is not officially on maternity leave and is not receiving benefits due to temporary disability. If the mother is unemployed, she takes a similar certificate from the social security authorities at her place of residence ();
  • if parents do not work, you need to attach copies of work records with their last place of work.

Attention: when a husband contacts the personnel service, he must be given a copy of the order with the specific start and end dates of maternity leave, endorsed by the manager, with a seal.

Funds are accrued and paid at the place of official employment of the man, or, if he does not work, are transferred to the provided bank details or by postal transfer.

Monthly benefits payment terms:

  • through the employer on the day of payroll;
  • through social security authorities, usually in the second half of the month.

If no disagreements arise, the child’s father will receive the money without difficulty, otherwise he will have to contact the territorial center of the Social Insurance Fund to resolve the dispute that has arisen.

In 2018 size maternity benefits, both for mothers and fathers of newborns, varies greatly. The level of his salary before going on maternity leave plays a big role for the recipient of payments, and government support in our country is not so significant.

Maternity leave for the mother of a child is considered traditional in society. However, for some reasons (for example, the mother’s high earnings, the mother’s postpartum depression, etc.), it becomes necessary for the child’s father to go on maternity leave.

Initially, this approach to maternity leave was enshrined in legislation. Until 2007, the legislation did not contain rules that would provide for the possibility of entering into paternity leave for dad and payment of appropriate benefits to him. The situation has changed with the introduction of changes to the labor legislation of the Russian Federation.

Parental leave for father - grounds for leave

Article 256 of the Labor Code Russian Federation provides for the father's right to go on maternity leave (vacation to care for a child). Most often, the reasons for a “change of roles” in terms of child care can be:

  • Unofficial employment of the child's mother or its complete absence.
  • Significant difference in the earnings of spouses (in favor of the woman).
  • The need for a woman to rest after childbirth, physically or mentally.
  • A woman has postpartum depression.
  • Temporary disability of the child's mother.
  • Registration of maternity leave to care for twins or triplets (in this case, the mother has the right to arrange maternity leave for one child, and the father for the second).

The law does not require justification for the desire to take paternity leave for any good or bad reason. In Europe, the practice of fathers taking “rest” at the birth of a child is very common.

In Sweden, a man is required to leave his job temporarily for at least a month after the birth of a child. In Germany, child care benefits for fathers are paid at larger size than for mothers. Russian legislation does not differentiate the amount of care assistance depending on the gender of the parent on leave.

To form the correct position, it is necessary to distinguish between two concepts - “maternity leave” and “parental leave”. A decree is usually called a temporary release from work duties in connection with a woman’s pregnancy and childbirth.

Thus, a man cannot take maternity leave due to his physiological characteristics. However, a man has the right to take parental leave.

Article 18 of the RF Law “On Leave” provides for the right to go on care leave to the following persons:

  • Mother.
  • Father.
  • Grandmother.
  • Grandfather.
  • Other relatives who look after the child.

At the same time, the distribution of the period for which “dismissal” is taken may be different (for example, for a year in vacation is coming mother, father for a year, grandmother for a year). The size and payment system of the benefit do not change.

Maternity leave for father - registration procedure

Article 18 of the Law “On Leaves” regulates the procedure for applying for leave to care for a son or daughter and maternity leave. They are opened on the basis of a corresponding application, which is submitted directly to the place of work.

The application must also be accompanied by:

  • Child's birth certificate.
  • Certificate from the mother’s place of work/study.

This certificate is intended to confirm the fact that the mother is not on maternity leave with the father at the same time. If, in accordance with Article 256 of the Labor Code, the spouses decided to split the vacation (go on it one by one), then the relevant time periods (dates) must be displayed in the certificate.

The employer also has the right to require the following additional documents:

  • Copy work book mother, which testifies to her lack of employment and receipt of benefits at work.
  • Certificate of incapacity for work of the mother (certificate from the maternity hospital/hospital).
  • Marriage certificate.

It should be noted that the absence of such documents cannot be a basis for refusing to grant parental leave to the father. Indeed, in practice, parents may not be in a registered marriage (and the relationship between husband and wife in general).

To make a decision on granting leave, the employer only needs to obtain a copy of the page from the birth certificate that certifies paternity.

After going on parental leave, if the father is officially employed, he retains workplace. During the employee's absence, the employer has the right to find a replacement for him. However, after returning from maternity leave, he will begin working in the same place. It is also possible to establish an agreement with the employer to perform a certain part of the work at home.

Both father and mother can leave maternity leave at any time. However, the employer must be notified about this in advance in writing.

Maternity payments to father

The father can count on the same level as the mother. In order to receive child care funds, you must contact the Social Insurance Fund.

Provide in this case:

  • Application for payment of benefits.
  • A copy of the child's birth certificate.
  • A copy of the order from the place of work on the appointment of parental leave.
  • Certificate of absence of child care benefits paid to the mother.
  • A copy of the certificate confirming the absence of benefits paid to the mother by the Employment Center in connection with her unemployment.

After submitting all the specified documents, the father becomes entitled to receive payments.

Payment of benefits to fathers

The size is based on the minimum size. Thus, the minimum payment amount is 2,908.62 rubles for 1 child and 5,817.24 rubles for the second and subsequent children.

If the father is on leave to care for several children at once, then the assistance is cumulative. Regardless of the level of earnings and the number of children, the amount of payments cannot exceed 11,634.50 rubles.

The law also sets an upper limit for child care benefits - it is 40 percent of the father's earnings.

Another type of financial assistance that can be issued to the father is maternal capital. The right to receive such capital is provided for by the Law of the Russian Federation dated December 29, 006. As of 2017, the amount of maternal capital is 453,000 rubles. There are no restrictions regarding the registration of funds received in the name of the father or mother.

Other features of the father’s decree and judicial practice

One of the characteristic features of a “maternity leave” for a man is its start date. Such leave begins its countdown from the day that follows the last day of leave of the child’s mother in connection with pregnancy and childbirth.

The deadline can be arbitrary. Article 256 of the Labor Code of the Russian Federation establishes only its extreme limit - three years from the beginning.

The application must be submitted by the initiator no later than 7 weeks before the first working day, when the man does not plan to go to work.

The employer is traditionally reluctant to let a man go on maternity leave. If on the part of a woman such departure for vacation is more expected, then on the part of a man it often comes as a surprise. However, despite this, the employer does not have the right to refuse the father a job. In practice, such refusal often occurs for formal reasons. The employer may also delay the process of applying for leave.

The situation of dismissal of an employee after notification of the desire to go on parental leave is considered unacceptable.

In the event of such a conflict, a man has the right to go to court to protect his interests. When arguing the claim, it is necessary to refer to the norms of labor legislation (the Labor Code, as well as the Law of the Russian Federation “On Leave”), the father has the right to ask for reinstatement at work with payment of lost income, as well as moral compensation. The best evidence, in this case, can be a leave application with a note of receipt by the employer.

Maternity leave for fathers cannot exist, since maternity leave is a common name for two types of leave - prenatal and postnatal, which, as is already clear from their name, can only be provided to women. Leave for men, which is traditionally popularly called maternity leave, is actually called child care leave, which, in accordance with Art. 256 of the Labor Code of the Russian Federation, can be provided to both the mother and the father.

How to arrange maternity leave for the father?

Expert opinion

Andrey Leroux

More than 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure

Parental leave is issued based on the employee’s application. Of course, the application must be supported by documents, that is, it must be accompanied by either the child’s birth certificate, or the adoption decision with the birth certificate attached, or a birth certificate if the employee submits the application before the certificate is issued by the registry office.

Refusal to provide parental leave is illegal, regardless of whether the person is denied - a man or a woman. In case of refusal, the employee has the right to contact both the labor inspectorate and judiciary with a known winning claim. That is, in addition to the fact that the court will oblige the employer to provide leave, it can also recover money from the employer in favor of the employee if, due to the refusal of leave, the employee had to, for example, spend money on a nanny.

To apply for parental leave, in addition to the birth certificate, the man will need to attach a certificate from his wife’s employer stating that the latter did not express a desire to take advantage of the right to leave and did not receive child care benefits.

It would not be superfluous to ask the employer to put information on their receipt on the copy of the application. If any disputes arise in the future, they will confirm the legality of certain actions of the employee (in particular, vacation periods, the amount of benefits due, payment terms, etc.).

If it is necessary to extend the period of care due to the health of the newborn, then in addition to the specified papers, medical documents about the child’s health condition should be submitted. In accordance with the Code (Article 256), the duration of leave that a man can count on is three years. Start date - the next day after the end of the maternity leave granted to the mother; the completion date is indicated in the order. During this time, he is entitled to benefits and is guaranteed to retain his position.

What payments can a man expect?

The material support that a father on parental leave is entitled to is called a benefit. Until one and a half years it is paid by the employer, and the amount is forty percent of average earnings. In a situation where a man also works part-time for more than two years in the same place, then he has the right to choose who will give him benefits. In some cases, social security departments handle payments.

The amount of the benefit may be fixed, and in this case it should be subject to indexation every year. The law sets a minimum acceptable threshold for payments.

  • for the first child is 3,142;
  • for the second and further children - 6,284 rubles;

The maximum threshold for care allowance is 24,536 rubles, regardless of average monthly earnings.

The approximate amount of the benefit can be calculated using a simple scheme. First, the average daily earnings for the two previous years are calculated. It should be borne in mind that unworked days are not taken (sick leave, other vacations, that is, periods when earnings were maintained). The result is divided by 730 and multiplied by 30.4. Forty percent is calculated from the resulting amount - this is the expected amount of the benefit.

What is the duration of maternity leave for pregnancy and childbirth:

For workers, the maximum for 2015 is set at 19,856 rubles. Amounts exceeding this threshold are reduced to the specified amount. Payments are made every month. In order to find out how to apply for maternity leave for her husband, a woman should read Order No. 1012n dated December 23, 2009 (hereinafter referred to as the Order). It reflects basic information on the conditions and procedure for providing funds.

Period and main points when paying benefits to a man

In the Order you can also find information on how to obtain maternity leave. Payment must be made no later than the 26th of each month. Paragraph 43 establishes the right to receive benefits when performing duties under conditions of reduced working hours (part-time), carrying out activities at home, as well as continuing education. The grounds for payment are:

  • decision of the head of the organization to grant an employee care leave,
  • decision of the social protection department, which is located at the place of residence of the person caring for the child.

To begin the payment processing process, you must submit an application. The date of his acceptance is the starting point of the ten-day period for making a decision on the provision of benefits. In addition to the application, the following documents are required (a detailed list is contained in paragraph 54 of the Order):

  • about the birth of a child or adoption - the original certificate and a copy,
  • about the birth of previous children or adoption (if there are several children; original and copy of the certificate),
  • a certificate from other employers (if part-time) or the social security authority (for the unemployed or students) stating that benefits are not issued for the specified child anywhere else (including the place of employment of another parent or relative),
  • a certificate issued at the place of study and confirms the fact of full-time study.

When submitting an application, some employers ask you to make two different options: the first - until the child reaches the age of one year and six months, the second - for a period of time from one and a half to three years. This is due to the characteristics of the benefits provided. The fact is that from birth to one and a half years, responsibility for payments lies with the employer or the social security department, and the amount is equal to forty percent of average earnings. In its absence, calculations are made on the basis of the minimum wage.

In addition to these payments, there is a second benefit (compensation), which is equal to fifty rubles. It is also paid by the employer or social security authorities for the period from birth to three years. To receive it, submit an application, a copy of the order for care leave and copies of the above certificates. Both benefits must be issued no later than six months after the child reaches the age mark of one and a half years.

When using leave, both for caregiving and other types, it is advisable to request a certified copy of the work record from the employer. When the market is unstable, companies often disappear, as do their leaders. A copy will help restore the lost one.

Will vacation time be counted toward seniority?

Article 256 of the Code contains the answer to this question. According to the law, care leave is included not only in the general length of service, but also in the continuous, as well as in the length of service in the specialty. In addition, for men, as well as for women, it is possible to split up the required three-year period. Retention of position is guaranteed by law throughout the entire vacation.

Maternity leave for men is mostly rare than common occurrence. In many families, husbands tend to earn more income than wives. For them, a break from work is extremely undesirable and can adversely affect their future career. In this regard, only a few people enjoy the legal right to care.

How to formalize early exit from maternity leave according to all the rules:

Most men who decide to devote themselves to caring for a newborn still continue to work part-time. This allows you to spend time with your child, enjoy the right to receive benefits and not fall out of the “career stream”. Thus, after returning from vacation, a man can continue to work productively for the benefit of the company. Negative attitude employers to take paternity leave is based, for the most part, on the extremely low prevalence of this phenomenon in Russia.

Everyone has heard about “maternity leave” granted to a woman due to pregnancy and... However, this term is not entirely correct, but it is so firmly entrenched in everyday life that it is difficult to imagine another name for this vacation.

information Term "maternity leave" arose after a decree was issued in 1918, establishing a woman’s right to parental leave. Now we should call it "maternity leave".

It must be emphasized that in general in the Russian Federation the Labor Code differs two types of holidays related to the birth of children:

  • for pregnancy and childbirth;
  • for child care up to 3 years old.

Wherein by decree the first of them is most often called.

Unlike sick leave for pregnancy and childbirth(BiR), right to registration maternity leave up to 3 years of age, not only the mother, but also the father and other family members who, being employed, plan to care for the baby. For example, a grandmother, grandfather or any other relative of the baby, as well as his guardian, can go on vacation.

For the entire period of absence from work, the baby’s mother retains her workplace and position. In addition, this period is counted not only in the work experience in the specialty, but also in the continuous work experience.

Registration procedure

Officially maternity leave is issued at the place of work, as well as annual paid leave. The relevant documents are provided to the HR department by the mother after issue to her sick leave(usually on or later, at -), and by other family members - after. Within 10 days, the company management must calculate all benefits to be assigned, and also issue an order to grant leave.

important Registration of maternity leave for one child is usually accompanied by filing an application for receiving child benefits.

They can only be received by the relative of the child who is going on maternity leave. He also retains the right to work part-time or less than a week at your place of employment. In this case, the right to receive benefits is not lost.

Required documents

To apply for maternity leave, the employee must submit the following documents to the employer:

  • statement, which can be written in any form;
  • sick leave issued by a gynecologist, which indicates the duration of pregnancy, features of the course of labor and the expected date of birth (only for the mother);
  • copy of birth certificate baby or all children in case of multiple births;
  • certificate, confirming that the second parent did not go on maternity leave at the place of work and does not claim the benefits assigned in connection with this (or the document that serves as confirmation of the unemployment of one or both parents).

Duration of maternity leave

Maternity leave in the usual case is equal to 140 days(70 days before birth and 70 after). If , then the second part of the vacation is 110 days instead of 70. If there was a complicated birth, then the second part will be 86 days instead of 70.

additionally Parental leave can last up to 3 years, but this period is not strictly established. You can go to work earlier - at any time convenient for parents.

If a mother wants to go to work earlier than expected, then she has the right to do so. every right. She only needs to write an application for early leave addressed to her boss, indicating the date of her expected return. At the same time, she can start working on a part-time basis or a reduced work week.

To extend the holidays, There are also a number of possibilities. In particular, you can:

  • take unused annual paid leave before childbirth;
  • go on unpaid leave without pay.

Benefits paid

As already noted, for the entire period of maternity leave, child benefits are paid in the form compulsory social insurance(for workers) or state social security (for non-working people). In particular, in 2015 the following types of maternity payments are paid from the federal budget:

  • one-time benefit when registering with an antenatal clinic in the early stages of pregnancy (before) - 543.67 rubles;
  • lump sum payment upon birth of a child - 14497.80 rubles;
  • (only for employees) - in size 100% of average earnings for each day of the period of incapacity for work on sick leave.

important Please note that social security benefits are paid at the place of work or directly at the territorial body of the Social Insurance Fund. Those who are not subject to compulsory social insurance in case of temporary disability and in connection with maternity (including unemployed) receive child benefits in social protection authorities.

In addition, the baby’s parents, regardless of their social status appointed child care allowance up to 1.5 years, which can be issued not only to the mother, but also to another family member. This benefit for workers is calculated based on 40% of average monthly earnings for the previous two years. For unemployed citizens, benefits are paid in minimum size - 2718.35 rubles for the first child and 5436.67 rubles- on the second and subsequent ones.

The law establishes both minimum and maximum amounts, which a family can count on at the birth of an heir:

  • maternity benefit in 2015 cannot be in 140 days 228 602,74 rubles.
  • The maximum amount of monthly payments for child care up to 1.5 years is set at 19855.78 rubles.

One-time payments upon registration with a gynecologist in early dates and upon the birth of a child, as a rule, they are issued and received at the same time as the care allowance for up to 1.5 years.

Read more about existing payments to families with children in Russia on the website "Manual-Expert", as well as in the thematic group

We also recommend

Loading...Loading...