On maternity leave for the father of a child: how to apply and what payments will be made.

How to go on maternity leave early. The period of pregnancy and childbirth leaves its mark on the physical and emotional state of the expectant mother. That is why, for such a period of time, working women are offered a period called “maternity leave.”

At this moment, a woman can relax, forget about her job responsibilities and completely devote herself to waiting for the meeting with the baby. If you are in joyful anticipation, but have no idea about the timing, when it is correct and in what month it is profitable to leave, how many days the director is obliged to give, about the nuances and details of granting maternity leave, then this article will become a guide to action for you.

Maternity and child care leave

Do not confuse the rest period for pregnancy and childbirth, which is called maternity leave, and for child care, which lasts until the baby reaches one and a half to three years of age . These are completely different periods. And after one of them ends, the second begins.

If you go on maternity leave before the baby is born, then you can go on maternity leave only 70 days after the birth. By the way, dad and other close relatives can go on such a vacation.

These two periods have different durations, different onset dates, and also completely different conditions of stay.

Features of maternity leave for men

Below we will answer the main questions regarding the specifics of providing “children’s” leave to men: is such leave limited in duration, is the father entitled to maternity benefits, is the leave counted towards the length of service.

Duration of maternity leave

Current legislation does not limit the length of time a father can stay on parental leave. The duration of maternity leave for the father is determined individually, depending on his wishes. However, when applying for “children’s” leave, the father should adhere to the following rules:

• the start of the vacation should not be earlier than the end date of the mother’s sick leave;
• The last day of leave is set no later than the child turns 3 years old.

The main possible options for the father to receive leave and examples are presented in the table below.

Payments to the child's father

If the leave is issued by the child’s father, then all established payments are transferred to his name. According to Federal Law No. 255 of December 29, 2006, the father who took leave is entitled to monthly payments based on 40% of the average earnings.

It should be noted that the father will receive the above payments only if he took leave before the child turns one and a half years old. If the father is on leave during the period from 1.5 to 3 years, then compensation payments are made to him in a fixed amount - 50 rubles / month.

Example 1. On June 20, 2017, an employee of Krakow JSC Kupriyanov submitted an application for parental leave to care for a child up to 3 years old. The vacation period according to the application is from 07/01/17 to 02/01/19. The average earnings accepted for calculating monthly payments to Kupriyanov are 21,302 rubles/month.

The accountant of Krakow JSC calculated the amount of payments due to Kupriyanov in connection with his vacation as follows:

• until the child turns 1.5 years old:

monthly benefit for the period from 07/01/17 to 08/01/17 – 8,521 rubles. monthly for 13 months (RUB 21,302 * 40%);

• from 1.5 to 3 years:

fixed compensation payment – ​​50 rubles/month.

Accounting for work experience

According to the Labor Code, the period of leave granted to an employee in connection with the need to care for a child under 3 years of age is counted towards the length of service. Vacation accounting is reflected in both general and continuous work experience, as well as work experience in the specialty.

This rule applies to all persons who have taken such leave, including the father of the child. “Children’s” leave is taken into account in the length of service both in the case of a full period of rest (from the end of sick leave due to the mother’s pregnancy until the baby turns 3 years old), and when receiving partial leave for any period.

How long does it take to leave?

In accordance with labor laws, a woman goes on vacation for a period of 30 weeks. When you can leave says Article 123 of the Labor Code of the Russian Federation. It is at this moment that you need to go to your gynecologist for maternity leave.

But in some individual situations, completely different deadlines appear.

• who live in potentially dangerous areas, for example, near the Chernobyl nuclear power plant, go on maternity leave
• If a young mother expects the addition of two or more children , then she goes on vacation two weeks earlier, that is, at 28 weeks.
• If, for one reason or another, a woman experiences premature labor between 22 and 30 weeks , she will go on maternity leave from the day of birth.

Important! The attending or supervising gynecologist does not have the authority to open sick leave on a date later than the 30th week of pregnancy. The woman receives sick leave at this very moment, but only she retains the right to go on maternity leave, much later than the due date. The employee must indicate this possibility in her application.

Is the father entitled to maternity leave by law?

Having read the text of Federal Law No. 81-F3, Article No. 15, Article No. 256 of the Labor Code of the Russian Federation, it becomes clear that since 2007, not only women, but also their men can legally go on maternity leave.
Regulatory documents do not make a formal difference between the mother, father or immediate relatives who actually care for the baby. In addition, this type of vacation can be used entirely by one person or alternately with family members.

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Among the reasons for male maternity leave are:

• when the wife has good prospects at work, she will be promoted;
• if the wife’s salary is much higher than that of the legal husband;
• if a woman works unofficially;
• if dad has a strained relationship with his superiors;
• when the husband has the opportunity to work remotely, but the wife does not.

It should also be noted that maternity leave means time to care for a small child and provide a break from work.

How long does it last

The duration of maternity leave in accordance with Article 7 of Federal Law 81-FZ varies depending on individual individual cases. The number of days spent on maternity leave will depend not only on the characteristics of the woman’s work, but also on the place of residence, the course of the pregnancy itself, and also on the number of children .

The vacation itself can be divided into two periods. This is the moment before childbirth, when the time of active preparation for the birth of the baby begins, and the period after childbirth. And the number of days for each of these periods will be calculated by the gynecologist in accordance with the expected date of birth.

If the baby is born earlier, the woman still receives the total number of days that she was allotted for maternity leave..

Let's look at the conditions and duration of maternity leave in days, depending on the current situation.

Can a husband take maternity leave if his wife does not work?

During the period of vacation, the place of work is maintained, but the administration has the right to hire a temporary worker. You can return to work from vacation at any time convenient for a person by notifying the personnel service.

Also, by agreement with the employer, a man can simultaneously be on vacation and continue to work on a shorter working day or from home. He will be paid a salary for the time worked and a monthly child benefit.

If dad is officially employed in several places, then benefits are paid for one place of work chosen by him. Usually the one in which the salary over the last 2 years was higher is chosen.

Until the child turns 3 years old, the husband will receive all payments due in this regard. This is recorded in Art. 11.1 of Law N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”

The husband’s right does not depend on the fact of his wife’s employment, for example, if the wife is an individual entrepreneur or unemployed for a long time. No one can prevent a man from going on maternity leave.

If the head of the family is unemployed or self-employed (individual entrepreneur, lawyer, notary), then he can also take advantage of maternity leave. In this case, the benefit amount for up to one and a half years is calculated as 40% of the minimum wage and is paid by the local social security institution.

Taking maternity leave into account

Rules for accounting for maternity leave:

• is included in the length of service taken into account upon retirement;
• all periods of vacation (full or partial) are considered;
• is not recorded in the work book (vacation is reflected in the order).

These rules are the same for all citizens who have taken parental leave.

For men in military service, the conditions for granting maternity leave differ from the general ones.

According to clause 32 of Decree of the President of the Russian Federation N 1237 “Issues of military service,” he can receive additional leave only when the child’s mother:

• died or died;
• deprived of parental rights;
• stays in hospital for a long time;
• left the child without her care.

Such leave is granted once for a period of no more than 3 months. After its completion, the father of the family must return to military service or resign from it.

If the baby’s mother is on maternity leave with him, then it is impossible for the father to get a similar leave. The only option in which the spouse is required to provide the appropriate days is if the wife is ill, when the last sick leave is issued.

A spouse can also go on maternity leave if the partners have several children who are sick and need care. According to legal acts, the certificate of incapacity for work is received by the parent who cares for the children.

For some time, such payments are compensated at the expense of the employer. For this, you have the right to apply for a tax deduction to compensate for part of the expenses. In connection with this area, the following rules apply:

• 40% of the average salary is paid to a citizen during the first year and a half after the birth of a child.
• After this, the size of social payments is reduced, they will amount to only 50 rubles per month.

But other family members also have the right to take maternity leave. This applies not only to the father, but also to the grandparents. Therefore, the answer to the question of whether a man can go on maternity leave is positive.

One of the reasons for husbands to take maternity leave is, for example, the wife’s high salary. Sometimes it is simply useful for women to take breaks from maternity leave when returning to work.

Interesting. One of the mandatory conditions for resolving the issue is a written statement where the mother refuses the leave itself and the benefits associated with it. Both parents cannot use this opportunity at the same time.

When the father is on leave, the following rules apply:

• The period of maternity leave is included in the length of service.
• The place of work is retained.

Maternity leave can be used in full or in parts, depending on what is more convenient.

Fathers have the right to simultaneously receive leave benefits and work, but only part-time. In this case, the latter can be set at 7 hours.

Interesting fact! Even if the mother does not work, the father can go on maternity leave.

1. In Germany, men can count on increased benefits for the birth of a child if it is the father who goes on vacation.

2. In Sweden, you are required to arrange such a vacation for at least a month after the baby is born.

How to apply

Statement

The application is the most important document that is drawn up in order to notify the employer of the need for a woman to go on vacation. The birth of a baby assumes that such a statement will be drawn up at 30 weeks.

The document is drawn up on an A4 sheet. It is advisable that it be written in computer font. It is permissible to draw up the document by hand, but the handwriting must be readable and neat . There is no single format for such an act established at the state level.

However, if the organization has a sample of such a statement, be sure to use it.

1. , the name of the organization, as well as the initials of the leading person are indicated
2. Below is the position of the woman in the position , initials.
3. The word “statement” is indicated in the middle of the line.
4. Below is a request for leave due to pregnancy and expected childbirth..
5. The start and end date of maternity leave is set.
6. Do not forget about the need to indicate your desire to receive payments in the form of benefits in connection with pregnancy and childbirth.
7. It would not be amiss to request a one-time allowance in connection with medical registration at an early date.
8. Below, if necessary, the possibility of transferring funds to an account or bank card is established.
9. If there are attachments to your request, be sure to list them.
10. Below, put the date the document was compiled, as well as a signature with a transcript.

If your organization has not only a director, but also an active office, draw up the document in two copies at once.

Order

Attention !
An order is a local normative act that is created by the head of an organization in order to notify citizens about an important decision made. Unified order form T-6. It has been used for a long time in the Russian Federation. The woman gets acquainted with the order by signing it. To draw up such a document, the woman must have a certificate of incapacity for work, which was received from a gynecologist .

The document is drawn up on an A4 sheet. The document is drawn up in accordance with Article 255 of the Labor Code.

1. The name of the organization and its details are indicated at the top.
2. The document number and date of preparation are established.
3. IN .
4. Leave is granted to an employee working in a structural unit in a specific position.
5. The period for granting maternity leave is established.
6. The total number of days of maternity leave is indicated.
7. A signature is placed with a transcript from the head of the organization.
8. After the employee reads the order, he must leave his signature.

Maternity sick leave

A sick leave certificate is an important document that establishes a woman’s right to receive benefits.
A sick leave certificate is issued only by the attending gynecologist, with whom you have been observed since the moment of registration. Sick leave is issued on a special form. The form is characterized by a high level of protection. It involves working both with printed devices and filling in by hand . When filling out such a document, the gynecologist leaves the necessary notes only in specially designated cells. Cells cannot be left blank; a dash must be added.

You cannot go beyond the boundaries of empty fields. You can only fill with blue and black paste. If an error was made, the form is replaced with a new one. Such a document is issued when a woman reaches the 30th week of pregnancy, and in case of multiple pregnancy at 28 weeks.

How to make an application?

An application drawn up in the prescribed form must contain the following information:

• Full name of the head of the enterprise;
• position and name of the employee;
• information about the baby's mother;
• information about the child's father;
• information about the baby;
• date of maternity leave;
• date of filling out the application and signature.

At the end of the application, a list of attached certificates and copies of documents is indicated. Such paper may be printed or handwritten - it does not matter.

Based on the submitted application, the enterprise issues a corresponding order.

Attention: When a man applies to the personnel service, he must be given a copy of the order with the exact start and end dates of the “children’s” leave, endorsed by the general director and the seal of the organization.

1. Associated with pregnancy and childbirth. It is paid in the same way as regular sick leave.
2. Child care up to 3 years old. After the sick leave ends, monthly payments until the child turns one and a half years old are 40% of the mother’s salary, but not less than the minimum wage in the region (minimum wage) and no more than the established maximum amount. According to Art. 4.2 of Law N 81-FZ “On State Benefits for Citizens with Children,” the size of the boundaries is indexed annually from February 1. For the next 1.5 years, the payment does not depend on anything, it is nominal in nature - 50 rubles each. monthly.

If the wife has not worked (unemployed) for less than a year due to the liquidation of the organization and is registered with the employment center, then she receives the required payments through the social security authority at her place of residence.

Article 255 of the Labor Code of the Russian Federation establishes the duration of maternity leave. In total, it is 140 calendar days for preparation for childbirth, the birth of a child, postpartum adaptation of the woman in labor and is issued with a sick leave.

In case of difficult childbirth, the period increases to 156 days, in case of multiple pregnancy - up to 194. If the family lives in an area contaminated after the Chernobyl disaster or the accident, the woman is on sick leave for 20 days more.

This leave is provided to the woman upon application in full, regardless of how many days before the birth of the child she went on sick leave.

Based on the essence of this leave, only women have the right to take advantage of it. Men cannot apply for sick leave for themselves for this reason.

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After the leave associated with the birth of a child, it is time to take care of the child. According to Art. 256 of the Labor Code of the Russian Federation, its duration cannot be more than 3 years from the date of birth of the child.

The family is given the right to choose which of the newborn’s relatives will care for him during this period.

In addition to the mother, the following may receive official paid leave for this reason:

• father or stepfather of the child;
• grandmother;
• grandfather;
• another relative (uncle, aunt, brother, sister);
• the guardian who actually cares for the child.

Reference! There are no strict rules regarding the use of vacation. By agreement with the employer, it can be taken in full or divided into parts. It can be provided to all family members in turn.

It is possible for 2 family members to be on maternity leave at the same time when twins are born or when the next child is born during maternity leave in connection with the previous one. In this case, the first child is looked after by one relative, and the second by another.

The conditions for obtaining leave to care for an adopted child are established by Article 257 of the Labor Code of the Russian Federation. In this case, both spouses have the right to receive it. The beginning of such leave is the day of the child’s adoption, and the end is the day of the child’s third birthday.

If the adopted child is under 2.5 months old, then the woman has the right to first receive sick leave for pregnancy and childbirth for a period of up to 70 calendar days from his birth. When adopting 2 or more children, the period is extended to 110 days from the date of their birth.

Several generally accepted conditions have been developed, subject to which the paperwork is processed in a simplified manner:

• The addressee of the application must be in the upper right corner.
• Usually this part contains the name of the employer, or the regulatory body responsible for social protection.
• The author of the application must indicate his full name. It is also impossible to do without passport data and residential address.
• In the middle they put a title related to the document itself.
• Next comes the text of the appeal itself. There they write about their request and the dates when they plan to go on vacation or leave it. They write separately about the method by which benefits related to care are transferred.

The last ones describe the documents that are used as an attachment to the application. This is followed by a signature along with the date. If a man goes on maternity leave, payments and the rules for calculating them remain standard.

Sample application for maternity leave for child care for men

Payment

All women officially working have the right to receive benefits . All types of payments are divided into several categories, which should be familiarized with in advance.

Benefit

This type of cash payment is set by the employer. Refers to one-time types of transfers. The main direction of such a benefit is compensation of wages while on maternity leave until the moment of childbirth. Such leave will be paid for by the woman from the funds available in the reserves of the social insurance fund.

Such funds are provided no later than 6 calendar months from the end of the maternity leave period itself .
If you are an individual entrepreneur, then you can receive such payments if you have a pre-concluded voluntary social insurance agreement. Reference .
Cash is credited from week 30. But only on the condition that by that time the woman had already received a certificate of temporary incapacity for work and had filled out the appropriate application. From the moment of submitting the application to the accounting department, exactly 10 days are given to calculate payments, as well as transfer them to the salary card. However, if a woman was issued a certificate of incapacity for work, but for some reason she continued to work, then such payments will be lost . This will be due to the presence of a huge insurance risk of loss of earnings in the event of temporary disability. Since work continues, wages continue to be paid. At the same time, there is no insured event in itself.

Birth benefit

Such a payment is already a one-time payment. Paid until your child is 3 months old. In 2020, the amount of such benefit was 16,350 rubles. At the same time, the amount does not depend in any way on the financial status of the parents. You can receive money at your place of work, but to do this you need to have a certificate from the registry office confirming the fact of the birth of the child.

After you submit an application for transfer, you should expect funds within 10-30 calendar days.

In addition to the one-time benefit, the woman also receives child care benefits until the child reaches the age of one and a half years.

The monthly allowance begins to accrue from the moment the parental leave begins to take effect. In addition to the mother, other family members can receive such contributions if they have taken on the responsibility of raising a child.

Payments will be made if the mother stays at home, but if she performs a labor function within the framework of a part-time work schedule, the funds will not be sent . The size of such payments itself will be about 40% of your former average monthly earnings. At the same time, the maximum amount should not exceed 24,000 rubles, and the minimum should not be lower than the minimum wage.

Documentation

The package of documents is the same for submission to the employer and to social security.
It is required to confirm the birth of a child and the refusal of maternity leave by family members, especially the mother. An exhaustive list of such documents is indicated in paragraph 54 of Order of the Ministry of Health of Russia dated December 23, 2009 N 1012n “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children.” The main ones are:

• statement;
• child's birth certificate;
• a certificate confirming the non-use of maternity leave by the spouse and non-receipt of appropriate payments - from the place of work, from the employment center or social support agency;
• a copy of the wife’s work record book - if she is unemployed;
• tax registration certificate, certificate from the Social Insurance Fund - if the man is an entrepreneur;
• salary certificate from the previous place of work - if the husband has changed jobs in the last 2 years.

Attention! If a man plans to use his vacation in parts, with periodic trips to work, a full package of documents is attached to each of his new applications for the next part of the vacation.

There is no established form for applying for leave (part of it) to care for a child. It is drawn up in any form, indicating the date of departure agreed with the employer and the duration of the leave.

The application can be submitted in person, sent by registered mail, or submitted electronically. When sent by post, the applicant's signature and copies of documents are confirmed by a notary. When using email channels, a person must have an electronic digital signature, and the recipient must have the ability to receive and decrypt such electronic messages.

Is it possible to leave earlier or later?

Early departure may be caused by health conditions or the presence of multiple pregnancies. Early going on vacation is possible only with the approval of a doctor and the drawing up of a sick leave certificate. It is impossible to do this without permission.

However, some employees use a trick and, before maternity leave, use their usual rest and return straight to maternity leave.

Despite the fact that you will be allowed to go on maternity leave upon reaching the 30th week, if you continue to carry out your work function, then, unfortunately, all privileges regarding you will be revoked.

Types of payments

First, let's define the very concept of maternity leave.
This is a colloquial word that refers to leave granted to working people for a period established by law. It includes the last 2 months of pregnancy, as well as 3 years after the birth of the baby. Accordingly, maternity benefits are all types of payments that a woman received while on such leave. To determine what funds a husband can receive instead of a wife, we will consider all types of payments. The state provides several benefits that should help a woman maintain her financial condition during the period of incapacity associated with the birth of a baby. Benefits include payments:

1. For early registration. When a woman discovers she is pregnant, she should see a doctor within the first 12 weeks. Then she can count on receiving an amount of 628.47 rubles. The amount of this type of benefit is subject to adjustment annually. And it is necessary to motivate women to contact doctors at an early stage to identify abnormalities and maintain the health of the unborn child and the mother herself.
2. For pregnancy, as well as the birth itself. This type of benefit is designed to finance a woman for 140 days. In the last 2 months, the woman has found it difficult to fulfill her work duties, so she can freely go on vacation. And also after the birth itself, her body needs time to recover. A sick leave certificate is issued for this entire period. In a normal pregnancy, the period of such a document will be 140 days, but if surgical intervention was performed during childbirth or several babies were born at the same time, this period will be increased. The payment is made in the amount of the woman’s average salary for the last 2 years. That is, in fact, she will receive the same money if she continued to work.
3. For the birth of a baby. This is a one-time benefit that is issued for each baby born. The amount of this amount is set by the state. And currently it is 16,759 rubles.
4. Newborn care. These payments are made to support the parent while he is forced to stay with the child all the time until he reaches one and a half years old. It was until this time that the law established a requirement for the payment of such benefits. And it is prescribed from the moment the mother’s sick leave ends. The amount of payments during this period will be only 40% of the parent’s average income.

Once the baby reaches one and a half years old, all payments stop, so many parents think about going back to work. But kindergartens are provided by the state only from 3 years of age. Therefore, a period of up to 3 years is also counted towards maternity leave. And during this time, the parent has the right not to go to work, having previously written a statement about this to the employer. However, he will no longer be able to count on receiving payments.

What can the father do?

If you analyze why the payments that were listed above are provided, it is easy to guess what exactly the father can claim. Since pregnancy and childbirth do not directly affect the father, the first three benefits have no relation to him, and only the baby’s mother can receive them. But any parent can take time off to care for a newborn. Therefore, the father can receive the required benefits.

There is also another trick that some parents use. While on maternity leave, you can work a certain number of hours. That is, a parent can work part-time, receive a salary for it and receive additional benefits. This is what those parents do who give their children to grandparents or take them to private kindergartens.

Sometimes it is beneficial to do this in cases where the mother is not officially employed or has a low salary. She will not receive 40% of her income, but the minimum established by the state:

• for the first baby 4462.20 rubles;
• for the second and subsequent children 6284.65 rubles.

These amounts have been established since May of this year. If 40% of the father’s salary significantly exceeds the established amounts, then it is more profitable for him to take a vacation and work part-time. However, it will be considered incomplete if it is less than 8 hours.

Temporary worker and part-time worker

The legislation of the Russian Federation prohibits terminating employment contracts with pregnant women, and it does not matter that the employee was in the position temporarily . You should be sent on maternity leave, and then on rest to care for the baby. At the end of this period, you will have to report to the organization and write a letter of resignation.

Part-time work is the implementation of one’s labor function in two or more jobs. A woman has the right to count on maternity benefits at all places of work where she performed a labor function under contracts. But receiving money during maternity leave is not provided. Such payments will be made only for one place of work. Which one exactly? The worker herself must decide.

Period and main points when paying benefits to a man

First, you need to correctly interpret the concept of “maternity leave.” It is divided into two parts; it combines two types of social leave:

• prenatal – a period of temporary disability associated with pregnancy and childbirth;
• postpartum – caring for your baby.

The first part can only be used by the expectant mother on the basis of a sick leave certificate. The second part can be claimed by the persons we mentioned above.

It begins from the moment following the day of completion of maternity leave, and ends no later than the child turns 3 years old.

People often wonder how to arrange maternity leave for the father if the mother does not officially work? To obtain child leave for the father, his application at the place of work is sufficient. It should be accompanied by a certificate stating that benefits were not paid to the wife.

If the mother is officially listed as unemployed, then the fact of lack of employment can be proven by requesting a document from the social security authorities of the region of residence.

If the certificate is not provided, the husband will be denied accrual and payment of financial assistance. he will be given maternity leave.

Attention: Management’s refusal to grant “children’s” leave to the father of a newborn child is unlawful, so it can be protested in court or a petition can be filed with the labor inspectorate.

There is a nuance in which maternity leave is not provided for the husband if the baby’s father is a military man. Legally, in accordance with Federal Law No. 76, Art. 11 he will not be able to go on parental leave.

But if the head of the family serves in the RF Armed Forces under a contract, an exception is made on the basis of Article 32 of Decree of the President of the Russian Federation No. 1237 in strictly defined cases:

• in case of death of a woman during childbirth;
• if a man raises a child without a mother for various reasons.

Important: The duration of such leave lasts no more than three months.

In other cases, a male military serviceman is not provided with rest to care for his baby. After the end of the short-term leave, the man must begin his official duties or be demobilized from military service.

In the current conditions of gender equality, the question of whether a father can go on maternity leave and how to accurately register it is urgent.

We will consider in more detail below the procedure for registering a vacation, the necessary documents, as well as some of the nuances that must be observed.

Having a good relationship with management, it is advisable to inform in advance about your upcoming maternity leave so that the company has the opportunity to find a temporary employee.

According to the Labor Code of the Russian Federation, the first thing you need to do is submit a written application to the manager, who is the person responsible for processing the upcoming vacation.

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After signing the application, the father must present to the manager the documents specified by social legislation.

The list of papers is the same as for a woman:

• a copy of the child’s birth document;
• a copy of the applicant's passport;
• a copy of the marriage document;
• a certificate from the place of official work (study, service) of the second parent, indicating that he was not paid benefits and was not provided with this type of leave;
• a copy of the mother’s work record;
• wife's certificate of incapacity for work.

After the documents are accepted, the labor and insurance legislation of the Russian Federation obliges the management of the enterprise to complete the required papers within ten days.

According to the law, the father for whom the leave is issued can also work. We are talking about working from home or on a part-time basis at the workplace. The law does not specify exactly how long part-time work can be.

It all depends on the agreement with the employer. This will not affect the payment of financial assistance in any way; the right to receive state social insurance benefits remains.

There is only one way to take maternity leave for a husband and wife at the same time - when twins are born. For each child, you can receive separate leave to care for him along with benefits, issuing them to different family members, for example, the mother can care for one child, and the father for the second.

There is a precise explanation on this matter from the FSS of the Russian Federation (Letter of the FSS of the Russian Federation dated May 20, 2010 N 02-02-01/08-2324).

Maternity leave for fathers in Russia is more rare than common. But if a man has decided to devote himself to caring for a newborn, it is necessary to know that, according to the norms of the Labor Code of the Russian Federation, the period of such leave is counted in the total length of service, as well as in continuous and in the length of service in the specialty.

Important: Parental leave is taken into account only up to 1.5 years, and the remaining one and a half years are not used when calculating the pension.

The current economic situation in Russia sometimes forces a woman-mother to change places with the head of the family. More specifically, with her husband, the biological father of the child. The man goes on “children’s” leave, and the woman becomes the main breadwinner in the family.

Advantages

There are many advantages of “male” maternity leave:

• the baby’s father may be on vacation, but still work at home or part-time;
• Mom doesn’t have to quit her job;
• the child receives a lot of attention from dad;
• the husband begins to understand his wife better;
• Dad is not jealous of the baby's attention.

Scientists have proven that children who spend a lot of time with their dad have well-developed logical thinking.

Flaws

Alas, dad's stay on such a vacation has a number of negative aspects:

• inability to fully breastfeed;
• a man may fall out of the professional sphere;
• vacation can discredit the father in the eyes of others;
• The baby develops a distorted idea of ​​the family.

In our society, the number of families where the father sits with the children is increasing every year. This is likely due to economic benefits. Although some dads find their calling in raising children.

What a woman should choose: motherhood or a new position is a private matter for everyone. You just have to carefully think through all the points and take into account all the pros and cons.

In accordance with Art. 256 of the Labor Code of the Russian Federation, both the mother and the father of the baby can go on maternity leave. It should be understood that long leave is divided into two parts: pregnancy and childbirth; child care. The first part of the maternity leave can be used exclusively by the woman.

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The main reasons why husbands replace their spouses include:

• higher level of earnings for women;
• lack of employment for the spouse;
• the wife receives income from unofficial activities (without an employment contract);
• the other half is temporarily unable to work due to illness or is disabled;
• the wife is studying full-time at a university;
• the spouse’s desire to take a break from work, especially if it involves hard work;
• when several babies are born, parents can apply for maternity leave separately for each of them;
• other family circumstances, according to which partners decide to send the man on maternity leave.

Important! As a rule, employers in Russia do not welcome the exercise of legal rights by fathers. However, any refusal on the part of the employer is unlawful. A complaint about such actions can be filed with the labor inspectorate or the court.

Partners independently choose who will receive benefits. If the spouse is not employed, then the husband has the right to go on maternity leave and receive all payments that are provided for in this case by legal acts.

The spouse has the right to take sick leave in connection with expecting a baby at the thirtieth week of pregnancy. According to the law, this leave is granted to a woman without the right to transfer to another person. A man has the right to count on rest after the birth of a baby, receiving a lump sum payment.

At the first stage, it is important to draw up the necessary documents, according to which the employer will provide the days. The main document is a statement containing: data from the head of the organization; personal data of the baby’s father; information about the minor; date of leave and its duration.

The application must be submitted no later than seven weeks before the start date of the expected vacation time. In addition to the application, it is important for a man to prepare a passport, a certificate issued at the birth of a child, a document confirming the registration of the union by the spouses, a certificate of incapacity for work for his wife, a copy of the woman’s work record book; a certificate indicating that the mother was not paid similar benefits.

After handing over the full package of papers to the employer, the employer is obliged to issue a vacation within ten days (according to the Labor Code of the Russian Federation and legal acts in the field of insurance). The organization prepares the order and calculates the payments due to the employee.

The following should be sent to the Fund:

• a man’s application for benefits and vacation days;
• order of the organization on the assignment of payments;
• birth certificate of the baby;
• a document received from social security authorities stating that the child’s mother did not apply for government support measures.

Question:

Will maternity leave be counted towards the father's length of service?

Answer:

After taking leave, the man retains the right to his position in the organization. While an employee is on maternity leave, his or her work experience will be counted in full. The manager is obliged to take this fact into account and not indicate vacation in the work book. In addition, the employer does not have the right to terminate the employment contract with his employee.

If the spouse did not take leave related to caring for the baby, then he will not be able to take out sick leave related to loss of ability to work or caring for a sick child. Thus, until the baby turns 3 years old, the man will not be able to receive payments related to his illness. This is explained by the fact that the citizen already receives maternity benefits.

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 appeal to both the labor inspectorate and the judicial authorities with a obviously 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.).

Can a man leave

In Russian labor practice, there are cases when dad went on vacation. This possibility is regulated by Article 256 of the Labor Code. The child’s father goes on maternity leave if the mother’s psychological condition worsens or other problems arise.

The father must file a statement at his place of work. Upon review, the employer will decide whether to grant or refuse . Despite the fact that a man does not take part in the process of childbirth, he may bear responsibilities for raising, maintaining, and feeding the child, which means he can rightfully remain on maternity leave.

On what grounds can a man take a vacation?

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.

From February 1, 2020, the minimum amount of care allowance is:

• 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).

• 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 draw up 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 based on 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.

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 your lost work book.

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, for the most part, rarer than common. 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.

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1. According to experience in specialty.2. Based on continuous work experience.3. Based on total work experience.

The position and salary are retained under any conditions. At the same time, there is the right to divide the period of three years into different parts. Whether the father can go on maternity leave during this period has already been discussed earlier.

In addition to the free-form application itself, the following attachments will be required:

• Civil statements from each parent;
• Certificate from the civil registry office in form 24-F;
• A certificate stating that the payment was not transferred to the spouse at the place of employment;
• Document on the birth of children (birth certificate).

The Social Security Service is responsible for payments at the place of residence if neither spouse has an official salary.

In order for the benefit to be paid, regulatory authorities will need the following information:

1. Papers confirming that benefits were not paid before.
2. Document with information regarding work experience.
3. Civil IDs from each parent.
4. Document from the registration department. Confirms cohabitation with the child.
5. SNILS of all family members.
6. Certificate in form 24-F about the birth of a baby.
7. Application for maternity leave for men in Russia.

Are there payments to the father of the child?

A working husband retains the right to receive child care benefits in the amount of 40% of his previous salary every month - at least until the baby turns one and a half years old. The mother's work or lack thereof does not matter in this case.

Payments are suspended when the baby reaches the age of 1.5 years. After this, the compensation will be 50 rubles monthly until the child reaches three years of age. For such compensation it is necessary to draw up separate statements to employers.

The standard amount of benefits for working fathers is 40% of average earnings. The types of income received over the previous two years are taken into account. If your earnings are less than the minimum wage in the region or your work experience is less than six months, the minimum values ​​are taken to calculate the amount of benefits. Control officials will always tell a man how to go on maternity leave.

Current issues

There are no less pressing questions that parents ask when going on maternity leave. You need to familiarize yourself with them in advance in order to get the maximum benefit when going on maternity leave.

It is impossible to answer who benefits from going on maternity leave. It all depends on family income and basic income. Of course, the mother can take care of the child in a more active mode.

Dad goes on maternity leave extremely rarely, but only if it is really beneficial. For example, if he works on a rotational basis, on a flexible schedule or with little workload. In this case, maternity payments will be slightly higher.

This will also be beneficial for the mother because she will receive additional benefits if she is considered the sole breadwinner, in need of social assistance, or if there are additional benefits.

Article 256 of the Labor Code regulates this issue. Maternity leave is included in the general and continuous length of service, as well as in the specialty. The position is maintained for both men and women throughout the three years.

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The employer has no right to refuse to provide such leave. Otherwise, he can be held liable, after which he will suffer significant losses and damages.

It can be refused only if the woman at her job has also taken out maternity leave and is already receiving benefits.

Find out what the deadlines for providing housing to orphans are from the article:

providing housing for orphans

.

Read how the old-age pension is calculated here.

For information on the conditions for paying maternity benefits for a second child to a working mother, see here.

He can apply for a monthly child care allowance.

Maternity leave to care for a child is rather rare for men. Often men are the only way to earn income.

Accordingly, the mother is always on maternity leave. But if your earnings allow you to stay part-time and receive maternity benefits, then this is the best solution for a young family.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

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

How can a husband go on maternity leave?

? It is easier for men to understand the educational process because they do not experience postpartum depression. ? The child experiences separation from his mother more easily. ? Children raised by men are less likely to be injured, because their fathers instill in them the masculine logic of organizing a safe space. ARGUMENTS AGAINST

“It is not as easy for a Ukrainian man to go on maternity leave as for a European, where this practice is widespread,” says Lydia Smola. — Society often perceives this fact negatively, since women have long been predominant in raising children. What can a father do? Go to work, and then come back, lounge on the couch and watch football.

19 Jul 2020 toplawyer 201

Amount of due payments

The list of possible material payments for men does not differ from those provided to women during maternity leave. Among them are:

• up to 40% of the average salary until the child reaches 1.5 years of age;
• 50 rubles is a fixed amount of money, which is paid from the first day of leave until the child reaches one and a half years old.

All funds received by the employee over the last two years (salary, bonuses) are taken into account. The exception is compensation and other material support.

Important! Today the maximum amount of monthly compensation is 23,120.66 rubles. Accordingly, when calculating 40% of the salary, the specified restrictions should be adhered to. According to the latest data, financial benefits due to pregnancy and childbirth have their own minimum and maximum limits:

According to the latest data, financial benefits due to pregnancy and childbirth have their own minimum and maximum limits:

Additional funds are also provided when a man goes on maternity leave, regardless of who exercised this right - the child’s father or another relative. The calculation is made in the amount of 40% of average earnings. However, the minimum required by law must be adhered to:

• For the first child - 3788.33 rubles.
• For the second and subsequent children - 6284.65 rubles.

From February 1, 2020, at the birth of a baby, parents have the right to count on a one-time cash payment of RUB 16,759.09.