Dad stays at home: can a husband get maternity leave if his wife is employed or not working?

By law, the father has the right to parental leave until the child turns 3 years old. The main reasons why a man can take a vacation: the child’s mother earns more and has gone to work, or has become ill and cannot care for the child. An employer may start asking questions if the father has written an application for maternity leave, but the mother is not working and is healthy.

The law does not prohibit a child's parent from taking parental leave if the other parent is not working.

In order for a parent to be able to take maternity leave (Order of the Ministry of Health and Social Development No. 1012n), the other parent must provide a certificate from their place of work or from the OSZN (for the unemployed) that they do not receive benefits and do not use parental leave. From this we can conclude that the law provides for a situation where the father can receive benefits and care for the child, while the mother may not be employed.

The father has the right to take leave and care for his baby, while working on a shortened day, at home or remotely. In this situation, the man has the right to receive a monthly child care benefit for up to 1.5 years.

Any relative of the child has the right to leave and childcare benefits for children up to 1.5 years old if the mother:

• Is on BiR leave for my second child
• Is on maternity leave for my second child
• Gave birth to twins

What is maternity leave

Maternity leave consists of 2 leaves:

• Maternity leave (Maternity leave)
• Parental leave for children up to 3 years old

Women go on BiR leave at the 30th week of pregnancy (Article 255 of the Labor Code), leave is provided only to employed women. If you are pregnant with one child and without complications, the leave lasts 70 days before the birth and 70 days after the birth. In case of complications or multiple pregnancies, the duration of leave increases.

Maternity benefit

After completing the BiR leave, the mother can take leave to care for a child up to 3 years old. Vacation can be used in whole or in part; during vacation, the parent can (paragraph 2 of Article 256 of the Labor Code) be replaced by another relative, for example, a father, grandmother, grandfather, guardian, adoptive parent or trustee.

Child care allowance up to 1.5 years old

https://youtu.be/edVzcnxyEBc

What payments are provided?

The word maternity leave means a long period of time involving pregnancy, the birth process, and raising a child up to 3 years old. During this period, several cash payments are due.

Not all benefits related to maternity leave can be received by a man; some are available only to women.

The word “maternity benefits” combines several payments:

• one-time payment for a timely visit to the antenatal clinic for a pregnant woman;
• for pregnancy and childbirth;
• one-time at the birth of the baby;
• for caring for a newborn up to one and a half years of age.

The last two of those presented can be received by the husband at his place of work or through social security if he does not work. The first two are provided exclusively for the woman due to her pregnant status.

Is a man entitled to claim maternity benefits?

This question often arises in connection with the lack of an official place of work for a pregnant woman. The answer to this is clear: a husband cannot receive maternity benefits under any circumstances, no matter whether his wife works or not.

Payment is guaranteed by Art. 255 of the Labor Code of the Russian Federation and is provided as compensation during the employee’s absence from work in connection with preparation for childbirth and recovery after it.

This period of break from work is called maternity leave. It is logical that a man is not entitled to such benefits.

This payment is divided into two parts: prenatal and postnatal and is provided only to certain categories of women:

• officially employed;
• full-time female students;
• dismissed during liquidation;
• serving in government or military bodies.

Important! Unemployed people, those working unofficially, and part-time or part-time students cannot receive maternity benefits. Read more about paying maternity benefits to unemployed people.

If the wife does not work, then she cannot transfer the right to receive prenatal and postnatal benefits to her husband at his place of work. In this case, the right to maternity leave during pregnancy is lost.

In this case, it is recommended that immediately after the birth of the child, take out a leave to care for him with a monthly payment.

Is it possible to arrange payments for a child to his father?

In contrast to the benefits discussed above, a husband has the right to receive maternity leave in connection with the birth of a newborn and his care for his wife at his place of work or in social security.

Men have this right both when the child’s mother is officially employed and when she is unemployed.

The place of registration of funds to be received depends on the availability of a man’s job:

• if he works officially, you need to apply at his place of work;
• if he is unemployed, he should submit documents to social security according to his registration.

A husband can apply for maternity leave only if he officially goes on paternity leave.
At the same time, he can completely stop working or work part-time.

In both cases, the vacation period of up to 1.5 years is not interrupted and benefits are paid every month.

A situation in which the husband receives child care benefits at his place of work and continues to work, while the wife takes care of the child at home, is not allowed.

We recommend reading on the topic of granting maternity leave to a man: How to apply for paternity leave for a father.

To apply for maternity leave for your husband:

• an application is written to the employer or social security; a sample application can be downloaded here;
• a birth certificate is attached to the application;
• the wife provides a certificate stating that she did not apply for this leave and is not receiving payment; a sample certificate can be downloaded here. A woman can receive the document at her place of work if she is officially employed, or from social security if she is unemployed.

Based on these documents, maternity benefits for the child are assigned and paid.

Useful video

We recommend watching a video that explains in detail when a husband can apply for maternity leave and when he does not have such a right:

Can a man receive maternity benefits?

An employed relative caring for a child has the right (No. 81-FZ) to receive benefits for caring for a child up to 1.5 years old. Payments of benefits for employment and child care are often called maternity benefits.

Birth benefits are paid only to the mother of the child, this applies to both the birth and adoption of the baby. The law (Article 6 No. 81-FZ) lists the categories of women who can receive benefits under BiR:

• Officially employed
• Dismissed due to liquidation of the organization, cessation of business activity or private practice. Less than 12 months have passed since the date of dismissal
• Full-time students
• Military personnel and law enforcement officers

Child care benefits for children under 1.5 years of age can be received not only by the mother, but also by another relative or guardian caring for the child. If a citizen is officially employed and is on parental leave, he has the right to child benefits (Article 13 No. 81-FZ).

Can a husband receive maternity benefits instead of his wife: details of registration

1. Application requesting leave and granting benefits. The employee has the right to independently determine the duration of leave, which can be granted an unlimited number of times until the child reaches the age of 3 years.
2. A photocopy of the child's birth certificate.

Child care benefits are paid monthly. It is calculated according to the same rules as for a woman, and is 40% of average earnings, but not higher than 21,554.85 rubles. The benefit in this amount is due until the child reaches 1.5 years of age. Until the child turns 3 years old, the father can claim compensation if the vacation was not interrupted.

18 Jun 2020 etolaw 422

Share this post

Related Posts
• Law on Noise in Apartment Buildings 2020 Saratov on Weekends
• What should the Survivor's Pension be equal to in the Moscow Region?
• City system to find out debt by address
• Welder Working Conditions Harmful or Difficult Working Conditions

Maternity leave for men

The main reasons why the father of a child can take parental leave:

• The child's mother earns more than him
• The mother is unofficially employed
• Mother needs rest after childbirth
• The mother cannot care for the baby due to health reasons
• The father is the only parent for the child

Any relative can take parental leave until the child turns 3 years old. If necessary, relatives can replace each other on vacation and receive maternity benefits.

In order for the father to receive maternity payments, he must provide a certificate from the mother’s place of work that she does not use vacation and does not receive maternity payments. If a relative takes a vacation, then a certificate is needed from the place of work of both parents.

If the spouse does not work, but studies or works unofficially, she needs to contact the OSZN for a certificate.

Certificate of non-receipt of benefits for up to 1.5 years

At the birth of twins, parental leave can be taken by the father and mother at the same time (or 2 other relatives), for this they both need to provide certificates from their place of work that they do not use leave and do not receive payments (the mother takes care of the first, and the father for the second child).

How to apply for benefits?

The process of registering maternity leave for the father of a child has many pitfalls. But by following the instructions, you can simplify this procedure. So, to receive maternity benefits, you should:

• Submit an application for maternity leave to your employer;
• Read the text of the order granting leave and keep a copy of it;
• Contact the HR department with an application for accrual of maternity benefits;
• If refused, contact the labor inspectorate;
• Write a statement of claim to the court.

Payments are usually made on the day the salary is issued. The employer, in turn, does not have the right to refuse to provide the father with maternity leave. If this does happen, appeal his decision to the appropriate authorities - file a complaint with the labor inspectorate or file a lawsuit against your boss.

How can a father apply for parental leave?

To apply for leave, a man needs to write a leave application and provide it to the employer, along with other documents. If a citizen has several places of work, then a vacation application must be written in each of them.

Documents submitted along with the application:

• Child's birth certificate
• Application for child benefit (submitted to only one employer)
• Certificate from the mother that she does not receive benefits and does not use vacation (from all places of her work or OSZN)

After submitting the application, the employer issues an order to provide parental leave, indicating its start date and the assignment of benefits.

How to write an application for child care benefits up to 1.5 years old

The procedure for processing maternity payments for the father of a child

To officially register a vacation, the following documents are required:

• a correctly completed application;
• child's birth document;
• father's passport;
• a certificate from the spouse’s employer stating that she is not on maternity leave.

The documents are submitted to the HR department of the company where the child’s father works. He can go on vacation starting from the moment the order is approved, which must indicate the start date of the vacation. The end date of the maternity leave may not be indicated in the order. How to apply for maternity leave for a husband if his wife does not work?

The child’s father contacts the social security authorities and submits the following documents:

• statement;
• birth document;
• extract from the Pension Fund of the Russian Federation for both parents;
• confirmation of cohabitation from the housing management company;
• your and your spouse’s passport;
• a certificate from work and an extract stating that the money was not transferred.

When applying for state assistance through social security, the date of submission of documents does not matter. Payments will be made starting from the moment the man goes on vacation. As soon as the decree is approved, you must receive a copy of the order with the beginning and end of the vacation period, with the manager’s signature and seal.

Features of vacation registration up to 3 years

The father or another employed relative can go on parental leave, and he has the same rights as the child’s mother. Leave is granted until the child reaches 3 years of age, and benefits are paid until the child reaches 1.5 years of age.

Parental leave can be taken from the next day after the end of the BiR leave.

While on leave, a parent can work part-time (no more than 60% of normal hours) or from home. However, the payment of benefits will not stop.

During vacation, parents can take turns replacing each other; for this, one of them writes an application for early leave from maternity leave, and the other writes an application for leave.

Maternity payments to husband if wife does not work

1. At work, the employee retains his workplace. As during a lady's maternity leave, a temporary employee is hired to take over. And after returning from maternity leave, a man can safely return to his legitimate workplace;
2. Maternity leave does not affect the length of work experience. The time spent at home with the child is not lost and is included in the work book;
3. A man has the opportunity to return to work at any time if the need arises. With all this, the vacation can be divided into parts.

We recommend reading: What Documents Are Needed to Enter into an Inheritance After the Death of a Mother

Fundamentally! The right to receive monthly contributions is granted to men who have a part-time job or work from home. The main condition is constant contributions to the public insurance fund for disability and maternity.

Child care leave for a male military personnel

The law does not provide for parental leave for contract military personnel. The law provides for leave for relatives, including the father, but military personnel are limited by federal law, which imposes special responsibilities on them (Clause 2 of Article 1 No. 76-FZ).

Women military personnel have the right (clause 13 of Article 11 No. 76-FZ) to leave for labor and labor and child care. But this law says nothing about a man’s right to receive parental leave.

Male military personnel under contract can receive additional leave for a period of up to 3 months (Clause 7, Article 32, Presidential Decree), in the event of:

• Wife's death during childbirth
• Raising children without a mother (up to 14 years of age or up to 16 years of age for disabled children), if the mother: Died
• Deprived of parental rights
• Stays in a medical organization for a long time
• In other cases of lack of maternal care

Maternity payments: who is entitled to receive

The Labor Code does not define the concept of “maternity leave”. In practice, this term most often means a combination of two types of leave, the process of applying for which varies greatly: maternity leave and parental leave.

The first is issued at the woman’s place of work upon presentation of a certificate of incapacity for work (sick leave). Its duration is 140 days, in some cases this period is extended. All sick days are paid in the amount of 100% of the woman’s average earnings for the last two calendar years. These payments are called maternity benefits, and they are due exclusively to women.

According to Article 256 of the Labor Code of the Russian Federation, parental leave is issued not only to the mother, but also to other family members caring for the baby. It follows that the husband can actually be on such leave and receive the appropriate benefits, while the employer is obliged to retain his job and position. Most often, parents resort to applying for benefits at the husband’s place of work in cases where the wife does not have a job, or her official earnings are much lower than that of the child’s father.

Video: can a man go on maternity leave instead of an expectant mother?

A lump sum benefit for the birth of a child is awarded to one of the parents (mother or father). It is issued at the place of work and is paid simultaneously with maternity benefits. In 2020, the amount of this benefit is 15,512 rubles. 65 kop.

In what cases is a husband entitled to maternity benefits?

Only a woman can receive a one-time maternity payment after presenting a certificate of incapacity for work issued at the antenatal clinic at the 30th week of pregnancy. As for monthly maternity payments, the baby’s father can also receive them.

To do this, he will have to go on maternity leave.

The situation when a husband leaves work to care for a child is not typical for our country. But according to the law, the father of the child has the same right to leave as the mother. What are the features of male maternity leave, and in what cases is it possible? We will consider further:

• Economic side. If there are two workers in a family, but it is more economically profitable for the mother to work full time, the child’s father can take out maternity leave for himself. At the same time, receive benefits from the state while maintaining your job for a year and a half.
• Medical side. If the child's mother is disabled, the father may go on maternity leave to ensure the baby receives proper care.

Design rules

To apply for maternity leave for a man and receive monthly payments for the care of a newborn, you need to come to the manager and tell him about your plans. The right to go on vacation is provided even when working from home (including not full-time). The main requirement is the presence of insurance with social security authorities and the employer transferring funds to the Social Insurance Fund for “maternity” and “disability”. To get help, you can contact the social security authorities at your place of residence.

Before applying for maternity leave, a man needs to come to the employer and get a certificate. The document must confirm that the father or mother did not receive the required benefits. If there is no work, a certificate is issued by the social security authorities. After this, the following papers are prepared:

1. Application addressed to the employer. The document indicates the man’s desire to go on vacation and receive benefits. If there is no work, a document for receiving financial assistance is submitted to the social security authority.
2. A certificate confirming the birth of a child. If the baby is not the first addition to the family, documents will be required for other children.
3. A certificate confirming the absence of such payments to the spouse.
4. Document in form 182n, issued by past employers. The paper is presented if the man has recently changed several places.
5. If there is no employment, the father attaches copies of work records (his own and his wife’s).

Download the application for maternity leave (sample 2020)

Certificate from the employer stating that the employee did not receive care benefits (sample)

certificates 182n

Six months are given to submit documentation from the moment the child is born until he turns one and a half years old. In other words, papers are submitted before the child reaches 2 years of age. It takes up to ten days to study the package and make a decision. Payments are made every month on the day the salary is provided. If the payer is a social security authority, the benefit is sent by mail or to the specified details (on a specific day of the month).

The time of filing the application does not matter - the money is still transferred from the first day of going on vacation until the age of one and a half years. This requirement is considered in Federal Law No. 81, Article 14. Thus, a man, along with a woman, has the right to receive cash payments until the child reaches 1.5 years of age. In addition, fathers have the right to count on a one-time benefit.

Documents for benefits

Can a husband receive maternity benefits? Yes, but not in full. In order for a spouse to apply for child benefits, he will need the following package of documents:

• identification;
• certificate of income from the place of work;
• work record (including wife);
• application for benefits;
• child's birth certificate;
• a certificate from the wife’s place of work (or from the labor exchange/university) stating that the spouse does not receive any benefits for the baby;
• birth certificate in the established form (issued at the registry office);
• details of the bank account/card/passbook to which money is to be transferred;
• extracts confirming the child’s registration.

This package of documents will be sufficient. In reality, everything is not as difficult as it seems. If we are talking about a working citizen, he is recommended to present his SNILS to his employer. When applying for maternity leave for unemployed people, an insurance certificate is not required.