Maternity leave for fathers cannot exist, since maternity leave is a common name for two types of leave - prenatal and postnatal, which, as is already clear from their name, can only be provided to women. Leave for men, which is traditionally popularly called maternity leave, is actually called child care leave, which, in accordance with Art. 256 of the Labor Code of the Russian Federation, can be provided to both the mother and the father.
How to arrange maternity leave for the father?
Expert opinion
Andrey Leroux
More than 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure
Parental leave is issued based on the employee’s application. Of course, the application must be supported by documents, that is, it must be accompanied by either the child’s birth certificate, or the adoption decision with the birth certificate attached, or a birth certificate if the employee submits the application before the certificate is issued by the registry office.
Refusal to provide parental leave is illegal, regardless of whether the person is denied - a man or a woman. In case of refusal, the employee has the right to 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.).
If it is necessary to extend the period of care due to the health of the newborn, then in addition to the specified papers, medical documents about the child’s health condition should be submitted. In accordance with the Code (Article 256), the duration of leave that a man can count on is three years. Start date - the next day after the end of the maternity leave granted to the mother; the completion date is indicated in the order. During this time, he is entitled to benefits and is guaranteed to retain his position.
What payments can a man expect?
The material support that a father on parental leave is entitled to is called a benefit. Until one and a half years it is paid by the employer, and the amount is forty percent of average earnings. In a situation where a man also works part-time for more than two years in the same place, then he has the right to choose who will give him benefits. In some cases, social security departments handle payments.
The amount of the benefit may be fixed, and in this case it should be subject to indexation every year. The law sets a minimum acceptable threshold for payments.
- for the first child is 3,142;
- for the second and further children - 6,284 rubles;
The maximum threshold for care allowance is 24,536 rubles, regardless of average monthly earnings.
The approximate amount of the benefit can be calculated using a simple scheme. First, the average daily earnings for the two previous years are calculated. It should be borne in mind that unworked days are not taken (sick leave, other vacations, that is, periods when earnings were maintained). The result is divided by 730 and multiplied by 30.4. Forty percent is calculated from the resulting amount - this is the expected amount of the benefit.
What is the duration of maternity leave for pregnancy and childbirth:
For workers, the maximum for 2015 is set at 19,856 rubles. Amounts exceeding this threshold are reduced to the specified amount. Payments are made every month. In order to find out how to apply for maternity leave for her husband, a woman should read Order No. 1012n dated December 23, 2009 (hereinafter referred to as the Order). It reflects basic information on the conditions and procedure for providing funds.
Period and main points when paying benefits to a man
In the Order you can also find information on how to obtain maternity leave. Payment must be made no later than the 26th of each month. Paragraph 43 establishes the right to receive benefits when performing duties under conditions of reduced working hours (part-time), carrying out activities at home, as well as continuing education. The grounds for payment are:
- decision of the head of the organization to grant an employee care leave,
- decision of the social protection department, which is located at the place of residence of the person caring for the child.
To begin the payment processing process, you must submit an application. The date of his acceptance is the starting point of the ten-day period for making a decision on the provision of benefits. In addition to the application, the following documents are required ( detailed list contained in paragraph 54 of the Order):
- about the birth of a child or adoption - the original certificate and a copy,
- about the birth of previous children or adoption (if there are several children; original and copy of the certificate),
- a certificate from other employers (if part-time) or the social security authority (for the unemployed or students) stating that benefits are not issued for the specified child anywhere else (including the place of employment of another parent or relative),
- a certificate issued at the place of study and confirms the fact of full-time study.
When submitting an application, some employers ask you to make two different options: the first - until the child reaches the age of one year and six months, the second - for a period of time from one and a half to three years. This is due to the characteristics of the benefit provided. The fact is that from birth to one and a half years, responsibility for payments lies with the employer or the social security department, and the amount is equal to forty percent of average earnings. In its absence, calculations are made on the basis of the minimum wage.
In addition to these payments, there is a second benefit (compensation), which is equal to fifty rubles. It is also paid by the employer or social security authorities for the period from birth to three years. To receive it, submit an application, a copy of the order for care leave and copies of the above certificates. Both benefits must be issued no later than six months after the child reaches the age mark of one and a half years.
When using leave, both for caregiving and other types, it is advisable to request a certified copy of the work record from the employer. When the market is unstable, companies often disappear, as do their leaders. A copy will help restore the lost one.
Will vacation time be counted toward seniority?
Article 256 of the Code contains the answer to this question. According to the law, care leave is included not only in the general length of service, but also in the continuous, as well as in the length of service in the specialty. In addition, for men, as well as for women, it is possible to split up the required three-year period. Retention of position is guaranteed by law throughout the entire vacation.
Maternity leave for men - for the most part a rarity than a common occurrence. In many families, husbands tend to earn more income than wives. For them, a break from work is extremely undesirable and can adversely affect their future career. In this regard, only a few people enjoy the legal right to care.
How to formalize early exit from maternity leave according to all the rules:
Most men who decide to devote themselves to caring for a newborn still continue to work part-time. This allows you to spend time with your child, enjoy the right to receive benefits and not fall out of the “career stream”. Thus, after returning from vacation, a man can continue to work productively for the benefit of the company. The negative attitude of employers towards paternity leave is based, for the most part, on the extremely low prevalence of this phenomenon in Russia.
In fact, a man cannot go on maternity leave - only the mother of the child has this right.
Elena Glubko
mother of two children
In Russia, when a child is born, the state gives parents the opportunity to go on a three-year leave. However, they pay some significant money until the child is one and a half years old, and then the payments become meager.
Parental leave can be taken not only by the mother, but also by the father, stepfather, grandmother, grandfather and any other working relatives. The employer has no right to refuse or fire. On the contrary, he is obliged to preserve the employee’s place and position.
If you are denied leave at work, this is a reason to go to the labor inspectorate or court.
Time and duration of maternity leave
First, you need to think about how to use parental leave more rationally. It can be divided into parts: for example, while the child is on breastfeeding, his mother is sitting with him. In a year she will go to work and her father will replace her.
Vacation can be divided as you like: take it for three years, for one and a half or for a couple of months. You can take a vacation, then go back to work, and then go back to babysitting.
If the employer does not mind, the child’s father can work part-time in the office or at home during his vacation. In this case, he will be able to keep both benefits and salary. This option is especially good if a mother who is officially not working is caring for the child and needs to be replaced from time to time.
The father will not be able to go on leave immediately after the birth of the child: he must wait until the end of the mother’s maternity leave. Although it is better to notify the employer in advance so that he has time to find a replacement.
Registration at work
A man must write an application for parental leave and attach the following documents to it:
- a copy of the birth certificate;
- a certificate from the place of work of the child’s mother stating that she does not use parental leave and does not receive a monthly allowance.
This is the required minimum. If the spouse does not work or is studying, you will need a copy of her work record and a certificate from social security stating that she does not receive benefits. If in two last year the man changed jobs, he will have to take a certificate from his previous job about the amount of salary for the previous two years. The accountant needs this to calculate benefits.
It is better to write the application in two copies: one will be taken by the employer, the second with an acceptance mark will remain with the child’s father. The employer will issue a leave order, after which the accountant will calculate the monthly allowance.
The benefit is paid only for one place of work, even if dad works in several places. But you can choose where it is more profitable to arrange it. It is usually more profitable where the earnings over the last two years were higher.
Money
The monthly allowance for child care up to one and a half years is 40% of the average salary for two years, the exact amount can be calculated using a calculator. Child benefit is limited to a maximum amount of RUB 24,536.57 per month. The minimum benefit depends on the minimum wage. In 2018, the minimum allowance for caring for the first child is 4465.20 RUR, for the second and subsequent ones - 6284.65 RUR.
40%
salaries - the amount of childcare benefits for children up to one and a half years old
Along with the benefit, the employer pays compensation for child care up to 3 years old. It does not depend on salary and is 50 R per month.
If there are several children in the family
You can take turns taking parental leave. At the same time - it is impossible. But if twins were born or the second child was born during leave to care for the first, the parents can separate: one will take leave to care for the first child, the second - for the second. So it is possible.
If the child’s father is unemployed or has an individual entrepreneur
Unemployed people, individual entrepreneurs, lawyers and notaries can also go on parental leave. But their benefit amount will be minimal, because the social security authorities will pay the benefit instead of the employer. They consider the benefit differently: 40% not of the salary, but of the minimum wage. The set of documents will be the same as those of the employee.
RUB 11,163
minimum wage in 2018
If dad has an IP, then first he needs to get a certificate from the social insurance fund stating that he is not registered with them and has not paid any social security contributions.
Then you need to come to the social security authorities and write an application for parental leave. You need to take the following documents with you:
- Certificate from the FSS.
- Passport.
- A copy of the tax registration certificate.
- A basic set of documents is a copy of the child’s birth certificate and a certificate from the mother’s place of work stating that she is not using parental leave.
If an individual entrepreneur transferred social contributions this year and last year, then you must apply to the Social Insurance Fund for benefits.
The amount of the benefit does not depend on where the leave will be taken out: in social security or the social insurance fund. Every month 40% of the minimum wage will be deposited onto the card.
4465 R
monthly allowance for the first child for the unemployed and individual entrepreneurs
If during parental leave an entrepreneur does not conduct business and does not receive income from his activities, he may not pay fixed contributions to pension and health insurance. You need to notify the tax office about the leave: write an application and attach to it the child’s birth certificate and a bank account statement to confirm the lack of income.
Parental leave is not recorded in the work book in any way, and the length of service is not interrupted. You can leave your vacation at any time, but it is better to notify the employer about this in writing so that he can issue an order to terminate the vacation and prepare the place.
Remember
- The father of the child can go on parental leave, and the employer has no right to refuse him.
- Vacation can be taken in parts and divided between working family members.
- To apply for leave, you need an application, a copy of the child’s birth certificate and a certificate from the mother’s place of work stating that she is not on maternity leave.
- During carer's leave they pay an allowance - 40% of the average salary, but not more than 23,120.66 R per month.
- If the family is the same age or twins or triplets are born, both parents can go on vacation at the same time.
- An unemployed father or individual entrepreneur can also receive child care benefits, but the minimum is RUB 3,120 for the first child and RUB 6,131.37 for the second.
The man revealed the details of his wife’s intimacy with another. According to Valera Blumenkranz, Tata cheated on him with Lesha Bezus. Moreover, next to the passionate couple lay little Betty, which did not bother the participants of “DOM-2” at all.
The relationship between Tata and Valera Blumenkranz seems to have finally cracked. Instead of saving the family on Love Island, the couple chose to spend time with other participants of “DOM-2”. So, Tata became very close to Lesha Bezus, but Valera started an affair with Mariana Petrya.
And if the residents of Seychelles immediately learned about the sex of Valera and Mariana, then the intimate intimacy of Tata and Lesha raises great doubts in everyone’s minds. However, Valera is sure: his wife did spend the night with the guy, and he even has evidence.
“She comes to the hotel without cameras and has sex with Bezus... How can I put this more correctly... Gives him [oral sex] on the bed, and lies next to him Small child. Thank you, I don’t need such a woman, all the best,” Blumenkranz noted on Instagram.
WARNING: VIDEO CONTAINS FOLLOWING LANGUAGE. 18+
The man also compared his betrayal to Tata's deception. According to Valera, the wife acted meanly and basely, because she was not ashamed to have sexual intercourse right in front of the child, but he himself went far from the family so that no one would see his sex with Mariana.
“I went behind the stones, it was 500 meters from where she lives. And she’s right there: the child lies nearby, 10 centimeters away, and she performs [oral sex] on Bezus. So is this normal?
Is it normal that she goes on the Internet every day and insults me? Every day! Let her look at her lifestyle and really see how [a girl with low social responsibility] behaves. And I’m just offended that a child is being brought up in this crap,” continues Blumenkrantz.
Valera also emphasized that now he is a single man, and he is not at all attracted to Petrya. “I’m not a couple with Mariana, I’m not dating her, and we don’t have any relationship. Roughly speaking, we “snapped ourselves” a couple of times,” summed up the “DOM-2” participant.
Tata and Valera go on maternity leave to prepare for the birth of the baby, and Marina Tristanovna remains on the project. At Aunt Olga Buzova asked Tatu if she was afraid to leave her mother alone on the project. Tata asked her mother not to enter into conflicts so vehemently; she should not waste herself over issues that do not concern her mother. At the place of execution, Olga Buzova said that Marina Tristanovna promised to find her mutual language with the team, and today I argued with Yulia. After the scandal, Yulia came to Tata and told her that if Marina Tristanovna somehow bullies her, then she will not remain silent, if a person does not see the shores, then the chain of command is erased. Tata’s mother had a fight with Yulia, and then decided to remain silent out of respect for the presenter. Valera explained that the apartment was small, it was better for mom to stay on the project and find a common language with the team. Marina Tristanovna said that she would not allow herself to be offended. Valera asked the participants to treat adults with respect. Kucherov doesn’t understand why everyone has to adapt to their mother. Buzova asked Valera what they should all do if a fight breaks out. Blumenkrantz asked his mother to be silent because they were talking to him. Tata recalled that a conversation had begun about good things, about maternity leave and the child, and mom was sitting and discussing Yulia and her and Yulia’s conversation about the fifth point, this is of no interest to anyone. Marina Tristanovna continued talking about the quarrel with Yulia, Valera got angry, shouted at his mother, using obscene language. Tata was upset that their departure was disgraceful, Valera left the execution place, Tata followed him. Tata and Buzova tried to calm Blumenkranz, who lost his temper. Tata burst into tears, she didn’t want to go on vacation like that and, in her opinion, it’s a shame. Marina Tristanova arrived, Valera pushed her out of the house. Buzova was indignant that Marina Tristanovna went to Valera, who was on edge, the guys had prepared a holiday, a surprise for everyone, why did mom raise this topic. Marina Tristanovna blamed Yulia for everything, sent her away and even managed to piss off Olga Buzova.
Zakharyash is worried about Lily’s trip to the club, especially since he has information that there will be ex-boyfriend Lily. Chetrara reassured Sergei and said that she had ex friends in another club. Lilya received permission from the doctor to remove the corset for the evening, Said heard this in the admin panel and reported to Zakharyash. Lilya called Saida a rat. Saida and her sister hung photos of Lily around the house before and after plastic surgery. Chetraru rushed to fight with her rival and her sister, Masha reminded her that she was wearing a corset, and Zakharyash stopped Lilya. At the place of execution, Lilya said that she was choosing an outfit, everyone was open, so she wanted to take off the corset. Buzova told Lilya that the girls were going to the club to look for men, and what should Lilya do there. Lilya replied that she was in a relationship and would answer that she was busy. Sergei said that next week they will go on vacation with Lilya. Rapa believes that it is wrong to walk without your man. Buzova said that Zakharyash also decided to do plastic surgery for ear correction.
Walter went to get a divorce today, meanwhile the guys bathed his girls Elya and Olesya in the pool. Olesya called Walter, he did not answer and explained at the front desk that he was stuck in a traffic jam and needed a navigator. Solomentsev said that the divorce took place, he was alone in court, now the papers will be sent to his wife, she will sign them and then the divorce will be finalized. Buzova told Walter that Olesya was insulted today, but he came and didn’t even stand up for her. Olesya is very upset, she didn’t know that Walter went to his wife, let him do what he wants, today they were supposed to declare themselves a couple, now she doesn’t want to, she loves him, but she doesn’t want to be with him and won’t be. Olesya lets Walter go to the island as a free guy.
Highlights for the day:
Marina Tristanovna had a row with Yulia at the front.
. Valera is dissatisfied with the behavior of Tata’s mother, who ruined their farewell to the team before going on maternity leave.
. Walter divorced, Olesya broke up with him.
. Zakharyash decided to undergo plastic surgery to correct his ears.
