There can be no maternity leave for fathers, since a decree is the common name for two types of leave - prenatal and postnatal, which, as their name already makes clear, can only be granted to women. Leave for men, which is traditionally called maternity leave, is actually called parental leave, which, in accordance with Art. 256 of the Labor Code of the Russian Federation, can be provided to both mother and father.

How do I apply for maternity leave for my father?

Expert opinion

Andrey Leroux

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

Childcare leave is issued on the basis of an employee's application. Of course, the application must be documented, that is, it must be accompanied by either a child's birth certificate, or an adoption decision with a birth certificate, or a birth certificate if the employee submits an application before the registration of the certificate in the registry office.

Denying parental leave is illegal, whether denied to a man or a woman. In case of refusal, the employee has the right to apply both to the labor inspectorate and to judiciary with a winning claim. That is, in addition to the fact that the court will oblige the employer to provide leave, it can also recover from the employer in favor of the employee cash in the event that, due to the refusal to 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 wife did not express a desire to exercise the right to leave and did not receive childcare benefits.

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

If it is necessary to extend the period of care for the health of the newborn, then in addition to the indicated papers, medical documents on the child's health should be submitted. In accordance with the Code (Article 256), the length of leave that a man can count on is three years. Start date - the next day after the end of the leave given to the mother for pregnancy; completion date is indicated in the order. During this time, he is entitled to an allowance and is guaranteed to remain in office.

What payments can a man expect?

The financial support that a father who is on parental leave is entitled to claim is called an allowance. Up to a year and a half, it is paid by the employer, and the amount is forty percent of the average salary. 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 can be fixed, and in this case should be subject to indexation every year. The law sets a minimum allowable 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 the average monthly earnings.

The approximate amount of the allowance can be calculated according to a simple scheme. First, the average daily earnings for the previous two years are calculated. It should be borne in mind that non-worked days are not taken (sick days, other holidays, that is, periods when earnings were saved). The result is divided by 730 and multiplied by 30.4. Forty percent of the amount received as a result is calculated - this is the estimated amount of the benefit.

What is the duration of maternity leave:

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

The period and main points in the payment of benefits to a man

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

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

To start the payment process, you need to submit an application. The date of his admission 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):

  • on 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 (in case of part-time work) or the social security authority (for the unemployed or students) that the allowance is not issued for the specified child anywhere else (including the places of employment of the other parent or relative),
  • a certificate issued at the place of study and confirming the fact full-time learning.

When applying, some employers ask for 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 nature of the grant. The fact is that from birth to a year and a half, the responsibility for payments lies with the employer or the department of social protection, 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 allowance (compensation), which is equal to fifty rubles. It is also paid by the employer or social security authorities from birth to three years. To receive it, they submit an application, a copy of the care leave order 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 care and other types, it is advisable to request a certified copy work book at the employer. When the market is unstable, companies often disappear, as do their leaders. A copy will help restore the lost.

Will leave count as work experience?

Article 256 of the Code contains the answer to this question. According to the legislation, care leave is included not only in the general experience, but also in continuous, as well as in the experience in the specialty. In addition, for men, as well as for women, it is possible to split the three-year period due. Throughout the vacation, the law guarantees the preservation of the position.

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

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

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

It is obvious that no one will be able to give birth for a mother, but to get financial assistance provided by the state under labor law, the next of kin can also. Let's consider an interesting point in this article: can a man go on maternity leave, in what situations is this necessary and what is the registration procedure.

General concepts of maternity leave

Maternity leave is granted to a working pregnant woman so that she can physically and mentally prepare for the upcoming important event- childbirth. In fact, maternity leave is 140 days: 70 before childbirth and 70 after. With a complicated pregnancy and pregnancy with two or more babies, this period increases. At the end of the maternity leave, the employee has the right to return to work or take paid leave to care for a child up to 1.5 years.

State, through legislative norms Labor Code(TK) of the Russian Federation and the funds of the Social Insurance Fund (FSS), financially provides a pregnant worker, and then a young mother. Financing the payment of various benefits is carried out at the expense of the Social Insurance Fund, where each employer regularly makes contributions from the fund wages, including from the earnings of a particular pregnant employee.

The right to receive maternity benefits applies to the following categories of women:

  • officially working under an employment contract;
  • laid off due to downsizing or liquidation of the company;
  • students on daily form in educational institutions with state accreditation;
  • those in military service.

Payments that a working woman who is preparing to become a mother can count on:

  • maternity allowance;
  • child care allowance until the baby is 1.5 years old, in the amount of 40% of the average salary;
  • a one-time allowance for the birth of a baby, in 2017 this amount is 16,350.33 rubles.

Making payments for the child to the next of kin

There are situations in which receiving payments for a child can be issued to the next of kin: husband, grandmother, grandfather, guardian, provided that they are officially employed. Obviously, relatives cannot count on benefits for pregnancy and childbirth, because the mother bears and gives birth to the baby. Only leave and payments for child care up to 1.5 years old can be issued to relatives. This right is regulated by Article 256 of the Labor Code of the Russian Federation.

Additional Information

The monthly allowance for caring for a child up to one and a half years is determined for the period of being on vacation of the same name and amounts to 40% of the average salary, and the minimum allowance is assigned to those who are not employed. A woman can refuse such a leave in order to immediately go to work after the end of the post-natal leave. In this case, any relative can stay at home with the child, receiving benefits up to a year and a half.

Situations in which receiving leave and payments for the baby are carried out by relatives are quite common, for example:

  • if the mother returns to work after the end of maternity leave;
  • if the mother does not work or works under a civil law contract, or unofficially;
  • if the mother herself needs treatment or psycho-emotional recovery;
  • if the mother is a full-time student of an educational institution and does not want to take academic leave.

The date from which a husband or other relative can take parental leave and therefore start receiving monthly benefits is:

  • the end date of the wife's maternity leave, if she is employed, i.e.:
    • 70 days after delivery in normal delivery,
    • 86 days after complicated delivery,
    • 110 days after the birth of two or more children;
  • date of birth, if the wife does not work.

The video tells about maternity leave issued to a husband or other relatives

Documents for registration

The procedure for issuing leave and childcare benefits is regulated by The federal law No. 81-FZ of May 19, 1995, article 13. We list what documents are needed to draw up a decree not for the mother, but for the father:

  • an application addressed to the employer regarding the receipt of parental leave and for the corresponding payments. An unemployed father must apply to the social security authority;
  • an extract from the registry office on the birth of a child or a birth certificate;
  • passports of both parents;
  • Marriage certificate;
  • salary certificate for the previous 2 years in case the father changed jobs during this period;
  • a certificate stating that the wife is not on parental leave and did not receive payments due to her.

This certificate must be taken either from the wife's employer, or in educational institution, if the wife is studying, or in the social security office, if the wife does not work.

In addition to the original documents, photocopies of them will also be required.

If the mother is not working, the father can take parental leave and work part-time. In this case, the allowance will be more than for an unemployed woman. The mother can take care of the child, and the father can receive a salary and benefits.

Non-working mother benefits

The absence of official employment also implies the absence of the transfer of insurance premiums to the FSS. Consequently, payments for temporary disability from the social insurance fund cannot be made.

Therefore, it is impossible for a non-working pregnant woman to receive benefits for pregnancy and childbirth. The exception is the option in which the expectant mother officially has the status of an unemployed citizen, that is, she is registered with the employment center, is looking for work or is studying in the direction of the employment service.

If both the mother and father of the born child do not work, then one of them can apply for a one-time allowance for the birth of a baby and a monthly allowance until the child reaches 1.5 years of age to the social protection authority.

Do you have any questions? Ask them in the comments to the article