Can a husband receive maternity benefits at his place of work if his wife does not work?

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.

• What is maternity leave
• Can a man receive maternity benefits?
• Maternity leave for men
• How can a father apply for parental leave?
• Features of vacation registration up to 3 years
• Child care leave for a male military personnel
• Child care allowance for father

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

Laws on receiving maternity benefits

Laws on a man's maternity leave

The following legal acts today regulate the possibility of receiving maternity benefits (BIR) by a man:

• Labor Code of the Russian Federation;
• Federal Law-81 dated May 19, 1995;
• Federal Law-255 dated December 29, 2006;
• Order of the Ministry of Labor No. 182 of April 30, 2013;
• Orders of the Ministry of Health and Social Development No. 1012N and No. 74.

These are the main documents regulating the possibility of receiving cash payments under the BIR . It indicates who can receive them and on what grounds, what papers are required and other nuances.

What to consider when booking paternity leave

The legislation guarantees mothers and fathers the same rights when taking parental leave. Spouses can independently decide which of them will take the vacation. The father can go on vacation alternately with the mother.

The father has the right to go on parental leave, and the employer is obliged to provide it. If dad decides to go on parental leave, the employer cannot refuse or fire him. He must retain the employee’s position and workplace (based on Article 256 of the Labor Code). If the child’s father is denied leave, then this is a reason to go to the labor inspectorate or court.

The father may not leave his workplace to go on parental leave. He can negotiate with the employer and continue to work part-time. In this case, he will be able to maintain his earnings and receive child care benefits.

How are maternity payments calculated?

Accountant counts maternity payments

On the Internet you can find a maternity benefit calculator that calculates the amount automatically. The formula is already built into it, so you don’t need to calculate anything yourself, you just need to substitute the basic values. Here is the information required:

• experience;
• duration of maternity leave;
• date of maternity leave (to determine the minimum wage);
• type of employment (full-time or not);
• level of annual income (only official ones are considered).

From these data, it is possible to obtain data on how much money a woman can receive under the BIR . If the benefit is issued to a spouse, then it is necessary to enter his data.

Important . The employee does not need to independently calculate all the data, since this is the job of the company’s accountant. However, he can check the calculations and ask a question if the data does not converge and turns out to be not in favor of the benefit recipient.

Can a husband go on maternity leave?

Man with child

A husband can go on maternity leave instead of his wife . This provision is enshrined in the Labor Code. This law provides for full gender equality, so either parent can care for their baby.

If there are several cases when it is more profitable for a man to go on maternity leave:

• the wife is an entrepreneur and she cannot leave her job or she holds a high position in a large corporation;
• the man has high earnings, so maternity leave will allow him to live a normal life;
• The husband’s work allows him to perform duties at home, thanks to which he will be officially on maternity leave and receive an additional salary for performing his duties;
• the child’s mother does not have an official income, which is why benefits under the BIR will be minimal;
• the mother died during childbirth or suffered other complications, after which she requires care.

Thus, a man can apply for maternity leave. But it is necessary to evaluate all the nuances in order to understand how appropriate this is.

Providing maternity leave

Sick leave according to BIR

Going on maternity leave is not an obligation, but a citizen’s right . It is possible to apply for it at any time until the child turns 3 years old. But you need to remember a few nuances:

• leave can be granted in full for the entire period or partially, with breaks (but the accountant will be against such actions, since then it will be more difficult to fill out a financial report for the Federal Tax Service);
• until the child turns 1.5 years old, the man will receive 40% of his official income, and then 50 rubles per month until he reaches 3 years.

Important . A man receives the same benefits and allowances as a woman while on maternity leave.

Procedure for taking parental leave for the father of a child

The algorithm for the father of a child to go on leave is not complicated. First, you need to write a statement to your employer indicating the need for leave. The above documents are attached to the application.

Based on the employee’s application, the manager issues an order to grant care leave. The employee is introduced to the order and the accounting department makes the necessary accruals .

It must be borne in mind that a man can go on vacation the next day after the child’s mother closes her sick leave; the father cannot be granted leave earlier. There is only one exception - if a woman is not employed, then the father can go on maternity leave immediately after the birth of the baby, but the likelihood of such a situation is reduced to almost zero. In any case, a woman needs to recover after childbirth, and it is important for the mother to spend the first months after birth with the child.

How to apply for maternity leave for your husband - step-by-step instructions

The process of its registration is the same as for a woman.

Step 1. Receiving an extract from the wife from the maternity hospital.

Step 2. Obtain a birth certificate from the registry office.

Step 3. Drawing up a certificate from the place of work that the wife does not receive benefits under the BIR (if she is officially employed);

Step 4. The man provides documents to receive BIR benefits.

Accounting staff cannot refuse to accept papers, so benefits are paid in accordance with current legislation.

What documents are needed to obtain maternity leave?

Collection of documents

It is required to provide certain documents to obtain the BIR benefit:

• application for maternity leave for the father of the child;
• child's birth certificate;
• a certificate that the mother was not provided with BIR benefits.

You can download a sample application for maternity leave

Only after this will the child’s father be awarded a certain amount based on his income level. If the official salary is 70,000 rubles, then he will receive monthly 40% of this amount or 28,000 rubles. However, such a reduction in family income can negatively affect relationships within it and other factors, so men are often interested in continuing to work.

Important . A man can choose the calculation periods for calculating BIR benefits. It is necessary to select those years when his income was maximum. If the application for choosing a billing period is not attached to the main package of documents, then the last two years are taken by default.

You can download a sample application for changing billing periods

Is it possible to work on maternity leave?

A man negotiates with management about the possibility of continuing to work while on maternity leave.

The Labor Code allows maternity leave to be used in parts . That is, the employee will periodically go to work. This will increase the overall family income. But then the accountant will have difficulty calculating the financial statements. It is worth considering what happens in practice when a man plans to continue working while on maternity leave.

Table 1. Schemes of being on maternity leave while maintaining job responsibilities

Thus, there are several schemes when a man can be on maternity leave and work at the same time. The first scheme can be used not only when working with cash. It is allowed when one of the employees receives a double salary on his card and gives it to a man on maternity leave. The easiest way is to apply this to the head of the organization, giving him an additional bonus for the company’s performance. Thus, the law allows you to charge up to 200% of bonuses. They also take into account the regional coefficient.

Benefits after the birth of a child

Registration of benefits in the social benefits department

There are several benefits and benefits for families who have a child. These include:

• one-time benefit under BIR;
• birth certificate to receive the necessary medical care during childbirth;
• lump sum payment for the birth of a baby;
• payment for early registration at a municipal clinic;
• obtaining a plot of land by large families;
• maternity capital for the second child;
• monthly benefit for up to 1.5 years.

It is also possible to receive several benefits after recognizing a family as low-income. This status must be obtained from the department of benefits and social payments. To do this, the income per family member must be below the subsistence level.

If a family contacts the housing department staff and registers there, they will be able to get a preferential mortgage at 6% per annum . It is important to remember that the preferential rate is valid only for the first 5 years , and then interest is recalculated and citizens must independently pay the entire loan amount.

Regional child benefits

Regional certificate for maternity capital

There are several regional payments and benefits that are provided to families after the birth of a baby:

• maternal certificate for the second and third child;
• lump sum payments for the birth of a child.

It is also possible to receive some medicines and fruits for free. If the baby was born disabled, then an insurance pension is assigned until he turns 18 or until the disability is removed. In this case, the benefits provided for disability automatically apply to the parent who will care for the minor while the second parent is at work.

Maternity leave and length of service

Increasingly, fathers in Russia are going on maternity leave. Currently, this is not as rare a phenomenon as it might seem. Often, even on maternity leave, a man has the opportunity to work at home or earn extra money.

Whatever the situation, the time the father is on maternity leave is included in the insurance, general, length of service and length of service in a particular profession. In this regard, the employee does not lose anything, but only if he is on vacation for up to 1.5 years. Vacation from 1.5 to 3 years is not included in the length of service.

Maternity payments to the unemployed

Man with child looking for work

Sometimes citizens do not work under an employment contract . If both parents do not have an official source of income, then it is impossible to receive BIR salary-related benefits. Then payments are made from the funds of the Social Insurance Fund , based on the minimum wage , which is in effect at the time of filing the application. This is relevant for the unemployed, individual entrepreneurs, notaries and lawyers.

Important . The regional minimum wage is used for calculations, so the benefit amount may differ in different regions.

The application must be submitted to employees of the social benefits department. They will be the same as when applying at your place of work. However, when both parents are not officially employed, it is impossible to provide a certificate that the mother does not receive BIR benefits. She and her husband must contact the employees of the social benefits department so that they can check in the database whether there is an application from her to receive funds.

The amount of payments for one child will be almost 3,200 rubles , and for the second - 6,150 rubles monthly .

Is it possible to get maternity leave with my spouse if she doesn’t work?

To apply for maternity leave, the husband will need a certificate stating that the wife does not receive money. Therefore, if only one child was born in a family, simultaneous registration of benefits is excluded. However, this option is possible for parents with many children who have 2 or more children.

Since payments are issued for each child separately, both parents can submit applications: the husband for one child, the wife for the other. This also requires a certificate, but it indicates the name of the baby. An example to clarify the situation.

The mother gave birth to twins: a boy, Vanya, and a girl, Masha. The wife goes to work and receives a certificate stating that she does not receive payments for Vanya. The husband receives a similar statement from his superiors, only for Masha. As a result, the father gets money for the boy, and the mother gets money for the girl. And both parents are on parental leave.

When twins are born, receiving benefits separately does not make much difference. This rule is much more significant in case of multiple pregnancy and the birth of 3 babies (or more). For one child, a monthly payment of 40% of the parent’s salary is assigned. But they don’t give 120% for triplets. The maximum amount is equal to 100% of income. Therefore, it is more convenient to take maternity leave for two parents at once and receive a full benefit.

Is it possible for a husband to obtain maternity capital?

A man came to the Pension Fund to register maternity capital

Family capital must be registered with the mother of the children. But in some cases this right is transferred to the spouse:

• the mother has been deprived of parental rights;
• the spouse died or was declared missing;
• The woman has a disability, which is why she cannot personally come to the Pension Fund employees.

To register maternity capital, the complete package of documents must be accompanied by papers confirming that the woman cannot personally arrive and provide everything necessary to the Pension Fund employees.

You can manage the money only when the child reaches three years of age (exceptions are the rehabilitation of a disabled person and the distribution of money to repay a loan or improve living conditions).

Can both parents receive benefits?

Family with two newborn children

The law provides for the possibility of two parents receiving BIR benefits at the same time . But for this the pregnancy must be multiple. That is, when two babies are born at once, both parents can care for them. Legally, it will look like one sits and receives money for one, and the second takes care of the other and receives benefits for this.

Important . You cannot receive double benefits at once if both parents are on maternity leave. Then the payment will be split. That is, the mother will be given 40% of her salary, and the father from his. When twins are born, some regions provide additional benefits. You can check their list with social benefits employees.

Procedure for obtaining benefits

The procedure will depend on the man’s availability of work. If he is officially employed, then he needs:

1. Prepare required documents.
2. Write a statement to your employer.

If the spouse does not have an official place of work, then he also has the right to receive this benefit, provided that he is caring for a child. To do this he needs:

1. Prepare required documents.
2. Write an application to social security.

If a man is a student receiving a scholarship, then he must contact the dean’s office with documents and an application.