A man going on maternity leave: features of the leave, payments, accounting for length of service

Thus, 35% of married working men completely exclude the possibility of going on parental leave instead of their wife. 26% of men would rather not agree to such a vacation. Every seventh person (12%) allows the possibility of going on maternity leave instead of his wife. 27% of respondents claim that they are ready to babysit.

At the same time, according to the Social Insurance Fund, every year in Russia more than 13 thousand maternity leave are taken out by men. And for women, for comparison, almost 700 thousand vacations.

Conditions and terms of registration

The father has the legal right to maternity leave equally with the child’s mother. However, a husband can apply for maternity leave only after his wife’s sick leave (maternity leave) has ended. The position of the mother before and during childbirth is regulated by Art. 256 of the Labor Code of the Russian Federation. General regulation occurs according to the current law No. 255-FZ.

According to current legislation, the father cannot receive rest during childbirth; only the mother can exercise this right. For 2021, certain periods of maternity leave have been established, which must be taken into account when applying for maternity leave:

• 70 days before birth and 70 days after birth, if the birth was normal, no complications were recorded, and the pregnancy was not multiple (140 days in total).
• 70 days before birth and 86 days after birth, childbirth with complications (total 156 days).
• 84 days before birth and 100 days after birth in case of multiple pregnancy (194 days in total).

On what grounds can a man take a vacation?

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 a long vacation is divided into two parts: pregnancy and childbirth; baby care. The first part of the decree can be used exclusively by women. Only she has the right to receive benefits provided for by labor legislation. The second part, in turn, can be used by the immediate family of the woman in labor.

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.

Can dad go on maternity leave?

After the closure of sick leave for childbirth, the father has the right to apply for maternity leave for a period of 1.5 years, 3 years, or for any other necessary period, which cannot exceed three years. It is also possible to divide the period of leave between the mother and father; the legislation does not regulate the timing of distribution.

If the child’s mother does not have a job, the father is also provided with maternity leave upon written application. This option is possible if the mother does not have enough work experience to receive a payment no lower than that of the father. The basis for the father to receive leave and receive payments is the mother’s written refusal to receive benefits.

The process of applying for paternity leave in the Russian Federation in 2021

The entire process of applying for parental leave can be represented in several steps:

Is it allowed to work?

When taking maternity leave to care for a child, a working father can continue to work, but part-time. Payments for child care remain the same . Part-time work is set at 7 hours and should not exceed this value. In this case, the specifics of the work are taken into account.

The duration of the working day is regulated by Art. 91–94 of the Labor Code of the Russian Federation. Accordingly, the amount of maternity leave payments is added to the maternity employee’s salary.

Duration of maternity leave granted to men

According to the law, the duration of maternity leave is established in each individual case. It is important to adhere to the following rules:

• Vacation should not begin before the sick leave of the baby’s mother comes into force;
• The last day of vacation is when the child turns three years old.

An important rule is that a husband cannot go on maternity leave at the same time as his wife.

In practice, there are three options for registering maternity leave. Let's look at each:

1. A man takes out parental leave for the entire period, starting from the expiration of his wife’s sick leave. This is possible in cases where a woman simultaneously goes to her workplace.
2. The leave is divided into two parts: between mother and father in equal parts. Accordingly, a woman can take leave to care for a baby for up to 1.5 years. The man, in turn, applies for care leave from 1.5 to 3 years.
3. Child leave is divided between the father and another relative, for example, a grandmother. Accordingly, a break from work for a man is documented with official documents, but for a grandmother it is not, since she is retired and can freely attend to her personal affairs.

It is precisely because of the multivariate nature of maternity leave that the terms vary in each individual case.

Does a man receive maternity benefits?

A person who receives maternity leave not only retains his job, but also continues to have uninterrupted work experience. Reduction, dismissal, or transfer of a person on maternity leave is illegal and subject to challenge in court.

The standard payment due until the child reaches one and a half years old is considered to be 40% of the parent’s average salary. However, there are exceptions to this rule. For example, if the father’s average income is lower than the established minimum wage. In this case, the benefit will be set based on the minimum wage level. In addition, when calculating the amount of benefits, factors such as:

• salary for the last 2 years;
• number and size of bonuses;
• other income received.

Federal Law No. 81 establishes that in order to compensate for the needs of a minor, the citizen caring for him is paid by his employer a monthly cash benefit until the child is one and a half years old. It is due to a person who was officially employed and received a certain income for at least the last two years, or who independently paid social contributions for himself.

Benefit calculation algorithm:

1. All earnings are added up (including travel allowances, allowances, vacation pay and compensation for unused vacation, as well as bonuses) for the two years preceding maternity leave. When calculating, sick leave benefits and other payments exempt from contributions to the Social Insurance Fund are not taken into account.
2. The resulting number is compared with the sum of the maximum amounts of the social insurance base for the corresponding years, and the smaller value is taken.
3. The number of days in the billing period is calculated. Time for which there were no social contributions is not taken into account (sick leave, leave to care for other children, suspensions from work duties and absenteeism, as well as vacations taken at one’s own expense are not taken into account).
4. Earnings from the first point are divided by the number of days from the third point and multiplied by a factor of 30.4.
5. The amount received in point four is multiplied by 40% if there is one child, by 80% if there are twins.
6. The amount of benefit received is compared with the minimum allowed. In the case of a family living in separate remote places, the regional coefficient is also used in the calculation (Article 15 of Federal Law No. 81).
7. If the man applying for the payment has worked for less than 6 months or is an independent payer of social contributions, the minimum wage is taken as the basis.

We will talk about the specific benefit amounts further. Subsequently (from one and a half years to the child’s third birthday), the benefit has a fixed amount - 50 rubles. and is paid every month by the employer without deducting social contributions or personal income tax. Its volume can be increased by the employer, but the additional amount is subject to tax.

Only one parent can receive benefits. Applying for maternity leave at a time is only possible for one of the parents.

An employer cannot refuse leave. Such an action is illegal and is contested in court.

Amount of due payments

When calculating benefits, the accountant takes into account the man’s wages for the last 2 years. From these, the average value of the indicator is calculated. Payment for child care up to 1.5 years is multiplied by a factor of 0.4. For example, if the average salary for 2 years was 30,000 rubles, then the monthly payment will be equal to 12,000 rubles.

There are minimum and maximum payout limits. In 2021 they are:

You cannot go on maternity leave with several children at once. If twins or a second child are born while the leave is valid, both parents can apply for leave. In this case, both will receive a payment in the amount of 40% of the average salary for the last 2 years. If the child turns 1.5 years old, then the amount of the benefit will be symbolic. It will be 50 rubles per month. The employer also pays it.

List of documents

The standard list of documents for going on maternity leave for a man is not much different from the package of documents for a woman. My husband will need:

• a copy of the child's birth certificate;
• an extract or certificate from the mother’s place of employment, drawn up in free form with a mandatory indication of the fact that the mother was not granted maternity leave;
• application to the employer for leave;
• a copy of the applicant’s general passport;
• a copy of the general passport of the child’s mother;
• a copy of the marriage certificate (if available);
• a copy of the spouse’s sick leave certificate indicating the period of going on maternity leave and leaving it.

As an additional point, if the mother does not work, in order to apply for maternity leave, a document such as a certificate from the social authorities may be needed. defense regarding the lack of payment of child care benefits.

general information

Maternity leave refers to the period of time during which relatives take care of and monitor the development of the child until he is 1.5 or 3 years old.

Whether a man can go on maternity leave depends on a number of rules:

1. You can use the right to maternity leave only after taking rest due to pregnancy and childbirth.
2. Only a close relative can apply for this type of vacation.
3. If the person who has accepted the obligation to care for the baby is officially employed, then during the period of absence he retains his place of work and the amount of his salary.
4. A citizen has the right to count on additional monetary compensation.

It should be remembered that an employer cannot refuse to provide a man with maternity leave. The main thing is to confirm that another relative did not take advantage of this right.

How to apply for my husband?

A prerequisite for receiving payments and providing parental leave is the correct execution of the package of documents. Let's consider a standard algorithm of actions for how a husband can go on maternity leave and receive benefits:

1. The employer is notified of the leave and its amount in advance. This action will not only allow the manager to find a replacement, but will also preserve the relationship with management as a whole. There is no set application form. The application must be submitted in two copies, keeping one copy with a receipt stamp.
2. The father has the right to leave immediately after the end of the mother's maternity leave; accordingly, an application for the child's father to leave is written, as a rule, 7 weeks before the expected maternity leave.
3. An important factor will be the actual transfer of documents to the employer. In order to protect himself from unlawful refusal, a man submits documents in person, against a receipt in one of the copies of receipt, or by registered mail with notification of receipt and a list of attachments. This method will help if it is necessary to file a claim in court or an application to the prosecutor's office.
4. The employer issues an internal order to grant leave. You must carefully read the text of the order, paying special attention to the effective date of the order. You cannot go on vacation until the order enters into legal force. This may result in legal dismissal.
5. Make a request to the human resources department or the body that replaces it for confirmation of being on parental leave.
6. Additional cash benefits can be obtained by writing an application for monetary compensation for annual leave. A person on maternity leave has the right to receive all monetary payments, including payment for compulsory annual rest.

The man must personally handle the preparation and submission of documents to obtain a maternity leave . The mother will be required to obtain certificates from her place of work indicating that she has given up maternity leave and that she has not received any payments.

It is often possible that both the father and mother of the baby do not work, and in this case, documents for payment of benefits are submitted to the social authorities. protection based on the territorial affiliation of the place of registration. In addition, not only the mother and father, but also other close relatives can apply for maternity leave. For example, grandma or grandpa.

Application structure

Upper right corner - indicate the addressee to whom the application is sent . Namely, the last name, first name, patronymic of the employer (the head of the organization with the obligatory indication of the position) or the name of the territorial social body. protection. Next, indicate the applicant’s full personal data (without abbreviations), position, place of registration and residence (if the addresses do not match).

In the middle of the sheet is written the heading: “Application for parental leave and assignment of benefits.”

Below, on the red line, under the heading, a text is written with approximately the following content: “I ask you to provide me with leave to care for a child (child’s personal details), for the period from August 10, 2019 to September 10, 2021 in the amount of 519 days.

I ask you to issue the benefit in cash / transfer the benefit to an account in a credit institution using the attached details / transfer the benefit to the account I use to receive wages (specify as necessary).” “Appendix” is written under the text and all copies and originals of documents that are attached to the application are indicated.

The date of drawing up the application is indicated in the lower left corner , the applicant’s signature is in the center, and the transcript of the signature (last name and initials) is in the lower right corner. At the very bottom of the document or on its reverse side, the person who accepted the document signs and indicates the date of receipt.

One copy remains with the applicant, the second is transferred to the personnel department or the employer.

If a parent works in several places at the same time, he cannot receive several payments. As a rule, a job with the highest salary is chosen. Salary certificates for the last two years can be collected from all employers , but only one person needs to submit an application.

Maternity leave for an unemployed person or individual entrepreneur

Not only ordinary workers have the right to use maternity leave. This category also includes:

1. unemployed;
2. private entrepreneurs;
3. notaries and lawyers in private practice.

​But in this case, the amount of the benefit will be small, since social security will pay it in the absence of an employer. In this case, the calculation will be made not on the basis of average earnings, but on the basis of the current minimum wage. The procedure for submitting and the list of documents will be the same as for an ordinary employee, only they need to be brought to the social security authorities.

If you have a registered individual entrepreneur, the procedure for receiving benefits will be somewhat more complicated . First, the man will need to apply to the Social Insurance Fund for a certificate indicating that he is not included in their records and social benefits. After this, the individual entrepreneur should contact social security with a request to grant parental leave. Additionally, you will need to bring a passport, a certificate from the Social Insurance Fund, a copy of the child’s birth certificate, a certificate confirming the absence of maternity payments to the mother and a copy of a document confirming the citizen’s registration with the tax service.

If, while working as an individual entrepreneur, a man managed to make insurance contributions, then he should apply for benefits to the Social Insurance Fund. In this case, its size will be calculated in the same order (40% of the minimum wage).

For a man working as an individual entrepreneur, taking maternity leave will be beneficial if he does not carry out entrepreneurial activities during this period. After all, then he will be exempt from paying the required insurance premiums. When conducting business, you will still have to pay them.

Deadlines

Leave to care for a baby can be taken out immediately after the end of sick leave for pregnancy and childbirth, until the newborn reaches six months of age, with the possibility of extension up to three years.

Practice shows the following cases of separation of deadlines:

• entirely (for one and a half years or three years);
• sharing any parts of the child with the mother;
• partially, with the possibility of separation with other close relatives.

In case of interruption of maternity leave, a written application is submitted to the employer about the reasons and timing of the interruption, indicating the specific date of return to work. After returning to work, it is possible to receive maternity leave, similar to the initial submission of documents.

A man has the right to receive maternity leave if a woman for some reason cannot raise and care for a child. The main thing is to draw up documents correctly and submit them on time.

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

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. In this case, the woman will have to contact the social security authorities so that they provide her with a document confirming that she did not receive the appropriate benefits.

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. The duration of maternity leave will be one and a half years. If desired, it can be extended for a similar period.

How to apply for father if mother does not work

The woman in labor may not work, but due to health reasons she is unable to care for the child. This is not a reason for denying the father his due leave.

In the case when the mother is in full-time study, does not work officially and does not receive child benefits, then it is more profitable, from the financial side of the issue, to entrust the father if he is officially employed.

Two components are important: correct execution and provision of documents for making payments.

What can a husband receive from child benefits?

Maternity benefits are understood as payments that a woman receives for maternity benefits, as well as for caring for a child up to 1.5 years old.

For expectant mothers, transfers of funds are also provided at the birth of a minor and for early registration at the antenatal clinic.

The answer to the question whether a husband can receive maternity benefits depends on what amounts are meant. A woman who is officially employed is given maternity leave at 30 weeks.

Money should be accrued according to it in accordance with average earnings. If a woman plans to continue working after 30 weeks, she will not receive benefits.

The father of the child cannot claim it either, since only the mother can receive sick leave. It is issued so that a woman can prepare for childbirth and improve her well-being after it.

A man can take leave to care for a minor immediately after the certificate of incapacity for work expires.

Maternity benefits for the husband, if the wife does not work , are allowed to be received immediately after the birth of the child. To do this, you will need to prepare a certificate from the SZN stating that the woman did not receive benefits.

A one-time benefit for the birth of a child can be paid to both the father and the mother. Parents have equal rights to receive funds, however, only one of them is entitled to payment.

To receive benefits, the father does not have to take maternity leave. The money is paid at the place of work of the parents. If both of them do not work, then funds can be obtained through social security.

Only one parent must apply for the benefit.

The father is not allowed to receive funds in the following cases:

• the child’s mother is officially employed;
• the man is divorced from his wife and does not live with his family, including minors.

The application sent to the employer must contain information about the child, personal data of the employee, including position, and a list of applications. The document can be drawn up according to the model adopted in the organization.