Paternity leave at the birth of a child in 2020 - is there any additional leave?

The birth of a child is associated with many joyful troubles. The presence of her husband next to the woman is very important during this period. New parents have a question about whether leave is required by law and how many days the bosses can excuse them from work. This point is regulated by the Labor Code. Time off (short leave) at the birth of a child must be granted to the father in accordance with the provisions of this legislative act.

Is the child's father given leave?

To understand whether the father is entitled to leave at the birth of a child, you need to refer to Article No. 128 of the Labor Code of Russia. It states that in the event of the birth of a child, a working man is allowed to take a short leave.

But, unfortunately, not all employees know labor legislation. Managers take advantage of this and violate the rights of their subordinates, acting solely in their own interests. There are often situations when an employer does not allow an employee to take time off due to the birth of a child.

Days off at the birth of a child to the father: rules for provision

Men and women have the same rights to raise children: the father is entitled to time off at the birth of a child, and the mother is entitled to maternity leave. These rights are enshrined in law. There are two types of maternity leave – long-term and short-term.

Short-term vacations include time off. The father's right to them is fixed in Art. 128 Labor Code of the Russian Federation. By law, you can take up to five days off if:

weddings;
birth of a child;
death of a loved one.

Such days are provided under the following conditions:

they are not paid;
are provided based on the employee’s application;
the employer does not have the right to refuse an employee;
are issued for different length of service, even if the job was recently applied;
if the right to time off is not used, then it cannot be compensated by rest at another time;
Often at work they require documents confirming the basis, however, in the case of time off requested at the birth of a child, the father has the right to provide the necessary papers after the newborn is discharged from the maternity hospital;
if dad is on a business trip when his baby is born, he has the right to go on vacation on the day he submits the application;
the employer cannot call him back from this leave.

To receive time off at birth, it is better for the expectant father to apply in advance. But it is difficult to predict the birth of children, so the law provides the opportunity to write a statement immediately the day before the day off.

These days are not paid by law, but some employers may accrue vacation pay to encourage employees. Then such time off will be provided for in the collective agreement of a particular organization.

Decor

Time off due to birth must be indicated on the timesheet where working hours are recorded. The days when the employee did not work are written in special codes (“OZ”, “17”). They also issue an order where the employee must sign. The information is also indicated on the personal card, where the duration of the vacation and its basis are written.

We invite you to familiarize yourself with: Appeal and complaint to the Labor Inspectorate - deadline, against the employer, about non-payment of wages, online

The employer has no right to refuse time off, as this is stated in Article 128 of the Labor Code of the Russian Federation. If all the papers have been provided, the employee has written an application, but the boss refuses him, then the employee can contact the labor inspectorate or even the prosecutor’s office to resolve this issue. The refusal is usually based on the following grounds:

there is no opportunity to provide rest;
the employee is irreplaceable;
the work plan was not implemented;
the employee must go on a business trip.

Whatever reason for refusal is found, it is illegal. All of them are just problems for the employer that the latter must solve. But the employee can exercise his right.

If this is not done, then it will be impossible to prove that the employee was denied legal time off.

Long term vacation

Mostly mothers take long-term leave to care for their children. However, there are also situations when it needs to be issued to the father. Then they are based on the following legal acts:

2nd paragraph Art. 256 Labor Code;
Federal Law No. 81 dated 05/19/95.

There is almost no difference whether the mother or father takes leave. The exception applies only to that part of it that is associated with pregnancy and childbirth. A man is not entitled to such leave, and as for the right to parental leave, only one parent can use it. If dad takes it, then mom should continue to go to work.

Payments

https://www.youtube.com/watch{q}v=OGcE89ZiEM8

During vacation, a man is entitled to an allowance. Its size is calculated based on the employee’s average monthly earnings. Payment is made no later than the 26th of each month. The basis for this is the solution:

employer;
department of social protection.

To receive benefits, you must submit an application, which will be reviewed within 10 days.

Features of accounting for this vacation are recorded in Art. 256 Labor Code of the Russian Federation. Time passes into general, continuous and professional experience. During maternity leave, the boss does not have the right to fire the father raising the child.

Difficulties

Employers are reluctant to grant such leave to both mothers and fathers. The employer must maintain the corresponding position, not fire the employee, and pay him money during the entire maternity leave.

However, this is his responsibility. If the employer resorts to tricks to refuse the employee, the latter will easily resolve the issue in his favor by contacting the labor inspectorate or the prosecutor's office.

The procedure for granting time off to the father at the birth of a child Link to the main publication

Hello, readers of my blog! Most often, women go on maternity leave in our country, which is why I was surprised when my friend went to work literally 6 months after giving birth. It turns out that her job was very prestigious and highly paid; she worked at the airport.

And her husband, on the whole, earned not bad money either, but he tried to start working at home for a long time (his volume was small), and as a result he went on maternity leave. This story inspired me to write today’s article; of course, we will consider not only maternity leave, but also the weekend that a father is entitled to at the birth of a child.

My husband took a vacation at his own expense, since we were undergoing renovations and needed to finish everything urgently while I was in the maternity hospital for safekeeping.

Additional leave at the birth of a child is compiled according to the clarification of certain points: whether the father is a military serviceman, whether the mother has a job. These factors affect the payment of benefits and the duration of holidays, which may or may not be paid, in accordance with the collective agreement between the manager and the employee.

In accordance with Article 128 of the Labor Code of the Russian Federation, the father is provided with five days of extraordinary additional leave. If necessary, the calendar period of the weekend can be extended. As a rule, leave is unpaid, during which wages are not maintained. Rest will be paid if a collective agreement has been drawn up.

To receive additional paid or unpaid leave for the father, an application must be made in writing. Attached to it is a sample copy of the baby’s birth certificate, as the basis on which the employee is given vacation pay.

You can have additional leave if the wife herself is on maternity leave due to pregnancy or childbirth. The manager is obliged to provide the employee with paid days off. Regardless of whether the employee “deserves” to take advantage of this right or not.

A serviceman can receive additional extraordinary leave if he works on a contract basis. To prepare maternity leave, the military unit commander, in addition to the report, is provided with documented evidence: an extract from the maternity hospital or a sample copy of the baby’s birth certificate.

How much time off can you take?

According to Article No. 128 of the Russian Labor Code, in the event of the birth of a child, a man can take up to 5 days of leave . The new father decides on his own how many days off to take: it can be 1-2 or all five days. In local regulations, the employer may provide for a different duration of time off due to the birth of a baby.

It must be taken into account that the duration of the weekend should not be less than that provided for in Russian legislation.

Long-term maternity leave

Leave is granted to the father on the basis of the following legal framework:

Second paragraph of Article 256 of the Labor Code of the Russian Federation.
Federal Law No. 81 of May 19, 1995.

Is maternity leave granted to a man different from the same leave granted to a woman? No, the decree is issued on a general basis. The only difference is that a man cannot take leave due to pregnancy. Maternity leave is provided only after the birth of the baby.

IMPORTANT! Only one parent can exercise the right to leave. If the father goes on maternity leave, the mother will have to continue working.

Registration of maternity leave

To apply for maternity leave, a man needs to prepare the following documents:

Application (drawn up in free form, since there are no requirements for its execution in the law).
A certificate from the mother’s place of work confirming that the woman is not going on maternity leave.
Baby's birth certificate.

The employer must draw up an order. It contains all the information about the maternity leave. The start of the leave is the next date after the end of the maternity leave granted to the mother. The order also indicates the date of its completion.

ATTENTION! The standard duration of leave is 3 years. The maternity leave may be extended due to the health of the baby. To renew, the employee must provide the employer with all supporting medical documents.

During maternity leave, a man receives benefits. Its size is calculated depending on the average monthly salary of the employee. The benefit must be paid no later than the 26th. Payments are made on the following basis:

The employer's decision to grant maternity leave.
Decision of the Social Security Department.

IMPORTANT! You must also submit an application to receive benefits. It must be reviewed within ten days.

Throughout the maternity leave, the employer does not have the right to fire the man. The specialist must retain his position.

Employers are extremely reluctant to provide leave to both women and men. This is due to the fact that employee maternity leave is extremely unprofitable for the owners of the organization for the following reasons:

The employer is obliged to retain the employee's position.
Dismissal of an employee is not allowed.
The head of the organization is obliged to pay all compensation throughout the maternity leave.

Despite all the losses, the employer is obliged to provide leave. If he does not do this, the man should contact the labor inspectorate or the prosecutor's office.

Should this issue be addressed through legal structures? In most cases, such cases are considered in favor of the employee. In addition, when filing a claim with a judicial authority, the employee will not have to pay a fee. To solve the problem through the labor inspectorate or the prosecutor's office, you need to prepare all supporting documents. The employee must confirm that he actually applied for leave and was refused by the employer.

Mostly mothers take long-term leave to care for their children. However, there are also situations when it needs to be issued to the father. Then they are based on the following legal acts:

2nd paragraph Art. 256 Labor Code;
Federal Law No. 81 dated 05/19/95.

There is almost no difference whether the mother or father takes leave. The exception applies only to that part of it that is associated with pregnancy and childbirth. A man is not entitled to such leave, and as for the right to parental leave, only one parent can use it. If dad takes it, then mom should continue to go to work.

How to apply correctly?

Leave in connection with the birth of a child for the father is issued according to the standard algorithm. First, the employee needs to draw up an application and submit it to his superiors for consideration. It is recommended to confirm the validity of the reason for providing days off.

To do this, a certificate from the maternity hospital must be attached to the application. The legislation does not specify the deadlines for submitting an application for time off due to the addition of a family.

But it is better to write and submit such a document for consideration in advance, at least a day in advance. It is recommended to prepare it in two copies. One option is presented to the boss, and the second remains in hand. On a personal copy, you should ask the secretary to put a date, signature and a note indicating that the document has been accepted for consideration. This will help the new father defend his rights in cases where the employer wants to avoid applying for leave or the application is accidentally lost.

After reviewing the submitted papers, the manager puts a conciliatory resolution and sends the document for work. Based on the employee’s application, an order to grant time off is prepared and issued. The employee must read it and sign it. The days taken by an employee as time off are necessarily recorded in the time sheet.

Statement

An application for time off due to the birth of a child must be submitted in writing. A man can draw it up by hand or print it on a computer. The document is drawn up in any form on an A4 sheet. It is recommended to adhere to the approved structure.

The application consists of several parts:

a cap . It indicates to whom and from whom the document is being submitted. You need to write the position, surname and initials of the manager, and the name of the organization in the dative case. Next, indicate the position, surname, first name and patronymic in full, of the employee in the genitive case. This information is located in the upper right corner;
Title of the document . Indicated under the header. “Statement” is written in the center of the sheet. It is important to remember that there is no need to put a period at the end;
main part . A request is made for days off. It is necessary to indicate the duration of the leave and specific dates. It is also noted why the employee requires release from work. It is recommended to refer to Article No. 128 of the Labor Code of Russia. If documents are attached that confirm the validity of the reason, then this must be reflected in the application;
final part . Under the main text, with a slight indentation, the date of drawing up the document, signature, surname and initials of the employee are placed in a row.

An example of an application for time off due to the birth of a child is given below.

Director of trading

Vinogradov I.P.

leading specialist of the supply department

Orlovsky Evgeniy Olegovich

Statement

In connection with the birth of a child, in accordance with Article No. 128 of the Labor Code of the Russian Federation, I ask you to grant me, Evgeniy Olegovich Orlovsky, unpaid leave for 5 calendar days, from 10/08/2019 to 10/12/2019. I am attaching a certificate from the maternity hospital about the birth of the baby to the application.

10/07/2019 (signature) Orlovsky E.O.

If a man decides to take part of his annual leave in case of the birth of a child, then the application will look like this.

Director of trading

Vinogradov I.P.

leading specialist of the supply department

Orlovsky Evgeniy Olegovich

Statement

In accordance with the approved vacation schedule for 2020, the first part of the annual paid leave of 14 calendar days should have been provided to me from 10/10/2019 to 10/23/2019. I ask you to change the start date of your vacation and arrange my allotted days off from 10/08/2019 to 10/21/2019. The reason for the transfer is the birth of a child.

10/07/2019 (signature) Orlovsky E.O.

Some workplaces have application forms for time off. This greatly simplifies the document preparation process. You just need to take the form from the secretary and fill in the blank lines.

Order

Based on the employee’s application, an order is issued in form T-6. It is important to draw up this document correctly. This will help avoid unnecessary questions from the labor inspectorate during the inspection. The T-6 form is usually filled out by a HR specialist. The document drawn up must be read and signed by the head of the enterprise.

The order contains the following information:

document number and date of its preparation;
personnel number, last name, first name, patronymic of the employee;
position, structural unit in which the subordinate works;
type of leave (without pay);
duration of leave, specific dates;
Business name;
surname, name, patronymic of the director of the company.

The specific reason for the leave is not indicated in the document. The head of the enterprise has the right to approve another form of order. This point is reflected in internal regulations.

An example of an order drawn up in form T-6 to provide a man with time off due to the birth of a child can be found.

How many days is a father entitled to according to the Labor Code?

According to Article 128 of the Labor Code of the Russian Federation, an employee can ask for days off without pay in the following cases:

birth of a child;
death of a relative;
personal wedding;
retirement age;
other reasons specified in the employer’s local regulations.

The specified grounds are a legal basis for requesting time off; the manager cannot refuse in such cases.

In addition, such grounds as family circumstances are provided. This category includes all those reasons that are not mentioned in Article 128 of the Labor Code of the Russian Federation.

For example, the need to travel, attend a special event, visit a doctor, or otherwise.

For such reasons, the issue of granting time off is resolved by agreement.

An employee has the right to additional rest when working overtime, for donation, or working on weekends.

If a child is born in the employee’s family, then this is a legal right to demand up to 5 days of compensatory leave. The manager does not have the right to refuse rest, to provide days off - this is his duty under Article 128 of the Labor Code of the Russian Federation.

In this case, the employee independently decides whether he needs rest days or not.

If the father of a born child does not need additional days off due to the increase in the size of his family, then he has the right not to write an application.

The employer does not have the right to force him to rest.

This right to a weekend is not always used by the father of a newborn child.

Days off are not paid; when an employee goes on vacation, he loses part of his earnings, which is not always profitable or convenient.

The maximum duration of unpaid leave on this basis is 5 days. However, by agreement with management, this period can be increased.

Perhaps the organization has a collective agreement or other local act that stipulates a longer period of rest in the event of the birth of children in the families of employees. Before writing an application, you should clarify this point with the personnel department.

The employee has the right not only to ask for unpaid rest days, but also for unscheduled annual paid leave.

If the employer considers the reason valid, then paid vacation days can be provided upon the written request of the employee.

Indication of time off on the timesheet.

How to apply?

If the child’s father decides to take several unpaid days off to help the family at home with caring for the newborn, then he should write an application addressed to the manager.

The application text contains a request for days off without pay.

This is the correct formulation of rest days.

The concept of “time off” is not recommended, since such a definition is absent in the Labor Code of the Russian Federation and other labor laws.

The basis indicated is the birth of a child (full name, date of birth).

The employer is not obliged to ask the employee to confirm the fact of birth, but may do so. In this case, the employee must either provide a copy of the birth certificate, if available, or a copy of the certificate.

The text needs to explain exactly how many days off work the employee needs; it is not necessary to ask for all 5 guaranteed under the Labor Code of the Russian Federation; you can ask for a smaller number depending on the needs of the worker’s family.

Based on the received application, an order is issued instructing the personnel officer to provide days off - to draw up the necessary personnel documents and put marks on the report card.

The completed order is brought to the attention of the employee.

Only after personally familiarizing yourself with the contents of the order can you go to rest peacefully.

Until the applicant sees the order for his time off, he should not leave. Absenteeism from work without an order is regarded as absenteeism, and this is a gross violation of labor discipline, which can become grounds for dismissal.

Is it possible to refuse?

The employer does not have the right not to accept the application or refuse to satisfy the request. If the fact of refusal is recorded, the applicant should not despair.

It is necessary to record the fact of filing the application. For example, make two copies and keep one for yourself after putting a mark of acceptance on it.

Next, you need to file a complaint with the Labor Inspectorate, attaching a document confirming the fact that you have approached the employer with a similar request on the basis of Article 128 of the Labor Code of the Russian Federation.

The labor inspectorate will quickly resolve this issue in favor of the employee and impose a fine on the employer's organization.

Paid or not?

According to Article No. 128 of the Labor Code of Russia, leave on the occasion of the birth of a child is given to an employee of an enterprise without financial compensation. The employer, at his personal discretion, can provide the new father with financial assistance in honor of the addition of his family.

Also, the employer, in local regulations and in the collective agreement, is allowed to provide for the maintenance of wages for employees during the period of leave for the birth of a child.

Then refusal to pay a subordinate for days absent from the workplace will be regarded as a violation of his rights. If an employee decides to exercise the right to take part of the annual compulsory leave, then the employer will have to pay him by law for the days he is absent from the workplace. But you need to understand that the provision of this type of vacation is fixed in the vacation schedule.

Expert opinion

Irina Vasilyeva

Civil law expert

If a new father decides to take a few days off not in accordance with the approved plan, then this point will have to be coordinated with his superiors. Whether or not to give part of the vacation unscheduled will be decided by the management of the company.

Short-term leave (time off) for the child’s father

The father's right to short-term leave is enshrined in Article 128 of the Labor Code of the Russian Federation. According to the law, a person can take time off for up to 5 days in the following cases:

marriage;
birth of children;
death of a relative.

Time off is granted subject to the following conditions:

Vacation is not paid.
Provided solely at the request of the employee.
An employer cannot refuse an employee leave.
Issued for any length of service, regardless of the last paid leave. For example, even if an employee has just gotten a job, he can take time off based on Article 128 of the Labor Code of the Russian Federation.
If a man does not take advantage of the right to time off, it will be impossible to receive rest days in the future.
The employer may require supporting documents from the employee. This is not entirely legal. The employee has the right to provide all documentation after the baby is discharged from the maternity hospital.
If an employee is on a business trip during the birth of a baby, he has the right to go on vacation on the day the application is submitted.
An employer cannot call an employee back to work from leave.

IMPORTANT! As a rule, an application for time off is submitted in advance. However, the case under consideration is an exception, since it is quite difficult to predict the exact date of birth of the baby. The application can be submitted one day before the leave date.

Articles on the topic (click to view)

ATTENTION! Time off is not paid by the employer. However, the lack of compensation is a manager’s right, but not an obligation. An employer may well reward an employee by awarding him vacation pay. In this case, the right to paid time off for the father is secured in the collective agreement of the enterprise.

The granted time off must be recorded in the time sheet. Days on which the employee was not present at the enterprise are marked with the following codes: “17” and “OZ”.

The employer also needs to issue a corresponding order. It is issued on the basis of an employee’s application. The employee must be familiarized with the order and signed.

Information about time off is entered into the employee’s personal card. In particular, you need to record the duration of the leave and the reason for its provision.

Article 128 of the Labor Code of the Russian Federation clearly states that the employer does not have the right to refuse an employee time off. If the employee has provided all supporting documents and drawn up an application, but the employer ignores the requests, it makes sense to take action. In particular, an employee can contact the labor inspectorate or the prosecutor's office.

Typically, an employer refuses time off on the following grounds:

There is no possibility to provide rest days.
No one can replace an employee.
The manager is on vacation.
The assigned work plan for the month was not completed.
An employee is called on a business trip.

All these grounds for refusal are not legal. All possible difficulties are problems of the employer, not the employee.

ATTENTION! There are a number of nuances in the law that become of fundamental importance when trying to solve the problem through legal structures. In particular, the Code states that the employer must provide time off at the request of the employee. That is, when contacting the labor inspectorate, the employee must prove that he submitted the appropriate application.

Undoubtedly, the birth of a child is one of the most important events in any family. To prepare for the meeting of his wife and a new family member from the maternity hospital, the father needs additional time free from work, and, therefore, needs additional vacation or time off.

What does the Labor Code of the Russian Federation say about time off on the occasion of the birth of a child, how to write a statement for the father, and how to draw up an order for the personnel service of the enterprise.

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General information about time off

Short-term vacations include time off. The father's right to them is fixed in Art. 128 Labor Code of the Russian Federation. By law, you can take up to five days off if:

weddings;
birth of a child;
death of a loved one.

Such days are provided under the following conditions:

they are not paid;
are provided based on the employee’s application;
the employer does not have the right to refuse an employee;
are issued for different length of service, even if the job was recently applied;
if the right to time off is not used, then it cannot be compensated by rest at another time;
Often at work they require documents confirming the basis, however, in the case of time off requested at the birth of a child, the father has the right to provide the necessary papers after the newborn is discharged from the maternity hospital;
if dad is on a business trip when his baby is born, he has the right to go on vacation on the day he submits the application;
the employer cannot call him back from this leave.

To receive time off at birth, it is better for the expectant father to apply in advance. But it is difficult to predict the birth of children, so the law provides the opportunity to write a statement immediately the day before the day off.

These days are not paid by law, but some employers may accrue vacation pay to encourage employees. Then such time off will be provided for in the collective agreement of a particular organization.

Decor

How to take annual paid leave for the father in connection with the birth of a child?

In connection with the arrival of a new family member, the employee has every legal basis to take annual paid leave. Moreover, this right is reserved for the employee even if he has worked for this employer for less than 6 months.

IT IS IMPORTANT TO KNOW! This benefit is valid for a man only if the legal spouse is on official maternity leave (sick leave).

– Please note – not on maternity leave, but on maternity leave. This period is approximately 70 days after birth.

Are military personnel entitled to leave?

Military personnel are subject to the norms of the Labor Code of the Russian Federation only in certain cases; for the most part, their service is regulated by other legislative acts.

Regarding leave to care for a newborn baby, you need to focus on Article 32 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999. It establishes that a serviceman can submit a report for short-term leave to care for a newborn in the following cases:

The wife died during childbirth.
The man himself raises children under the age of 14.
A single father is raising a disabled child.

In all cases, the vacation cannot exceed three months. If the problems that have arisen are not resolved during this period, the employee is dismissed from the aircraft.

If leave is denied

there is no opportunity to provide rest;
the employee is irreplaceable;
the work plan was not implemented;
the employee must go on a business trip.

Whatever reason for refusal is found, it is illegal. All of them are just problems for the employer that the latter must solve. But the employee can exercise his right.

Important! If the father was denied time off at the birth of the child, but the employee decided to defend his rights, he must have evidence on hand. This could be a statement. Submission of the document must be proven. To do this, you should make a copy, on which you will receive a note from the company secretariat that the document has been accepted. If this is not done, then it will be impossible to prove that the employee was denied legal time off.

conclusions

Unpaid time off for the father at the birth of a child is provided for by law, and the employer does not have the right to refuse the employee the exercise of this right.

Days off can be taken regardless of the length of service of a given employee in the company, as well as the schedule of planned vacations. Time off is not paid by the employer.

When applying for leave, the employee is required to have a correctly drawn up application, and the employer is required to have a legally competent order.

If a new family member has appeared in an employee’s family, you can, on the basis of the Labor Code of the Russian Federation, ask the employer for up to five days of unpaid rest.

We invite you to familiarize yourself with: Formula for calculating additional leave

To do this, a statement is written to the director, which the latter must accept and satisfy. Refusal is not allowed.

The article describes typical situations. To solve your problem, write to our consultant or call for free:
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