Last modified: February 2021
The birth of a baby is associated with the joyful worries of the family, when a man is required to help his wife and provide all kinds of support. The legislation provides for the possibility of taking paternity leave for the father, since it classifies this fact as a valid reason for absence from work. Since the rights and responsibilities of parents are distributed in equal proportions according to the provisions of the Family Code, in addition to the right to unpaid days, the man retains the same right to long leave to organize child care.
Vacation as scheduled.
A man may be granted regular paid leave during the period when his wife is on sick leave for pregnancy and childbirth.
This is not affected by how long the employee works in the institution, and when his rest is planned according to the schedule drawn up by the organization.
This right is specified in Art. 123 Labor Code of the Russian Federation. If a man has a son or daughter and wants to go on vacation unscheduled, he will need to notify the HR staff and do this in writing.
A copy of the birth certificate is attached to the application, proving his right to go on an unplanned vacation.
Decor
To apply for maternity leave, you must:
- write a statement in free form;
- get a certificate from your mother’s work stating that she is not going on maternity leave;
- provide a document on the birth of the baby.
Based on this, the manager issues an order containing information about the maternity leave.
Its start can be set to the next day after the maternity leave granted to the mother ends. This information must also be reflected in the order. The normal duration of the leave is three years, but it can be extended due to the child's poor health. To do this, the employee provides the necessary papers from a medical institution, where this fact is documented.
Applying for paternity leave at the birth of a child.
Additional leave at the birth of a child is granted to the father on the basis of his application, which should indicate the following information:
- information about the manager and the applicant;
- reasons for providing rest time;
- duration of rest time;
- dates on which time off is taken.
Sample application for leave due to the birth of a child [11.99 KB]
Based on the paper, an internal order is issued for the organization. The employee must be familiarized with it against signature.
How to apply correctly?
Leave in connection with the birth of a child for the father is issued according to the standard algorithm. First, the employee needs to draw up an application and submit it to his superiors for consideration. It is recommended to confirm the validity of the reason for providing days off.
To do this, a certificate from the maternity hospital must be attached to the application. The legislation does not specify the deadlines for submitting an application for time off due to the addition of a family.
But it is better to write and submit such a document for consideration in advance, at least a day in advance. It is recommended to prepare it in two copies. One option is presented to the boss, and the second remains in hand. On a personal copy, you should ask the secretary to put a date, signature and a note indicating that the document has been accepted for consideration. This will help the new father defend his rights in cases where the employer wants to avoid applying for leave or the application is accidentally lost.
After reviewing the submitted papers, the manager puts a conciliatory resolution and sends the document for work. Based on the employee’s application, an order to grant time off is prepared and issued. The employee must read it and sign it. The days taken by an employee as time off are necessarily recorded in the time sheet.
Statement
An application for time off due to the birth of a child must be submitted in writing. A man can draw it up by hand or print it on a computer. The document is drawn up in any form on an A4 sheet. It is recommended to adhere to the approved structure.
The application consists of several parts:
- a cap . It indicates to whom and from whom the document is being submitted. You need to write the position, surname and initials of the manager, and the name of the organization in the dative case. Next, indicate the position, surname, first name and patronymic in full, of the employee in the genitive case. This information is located in the upper right corner;
- Title of the document . Indicated under the header. “Statement” is written in the center of the sheet. It is important to remember that there is no need to put a period at the end;
- main part . A request is made for days off. It is necessary to indicate the duration of the leave and specific dates. It is also noted why the employee requires release from work. It is recommended to refer to Article No. 128 of the Labor Code of Russia. If documents are attached that confirm the validity of the reason, then this must be reflected in the application;
- final part . Under the main text, with a slight indentation, the date of drawing up the document, signature, surname and initials of the employee are placed in a row.
An example of an application for time off due to the birth of a child is given below.
Director of trading
Vinogradov I.P.
leading specialist of the supply department
Orlovsky Evgeniy Olegovich
Statement
In connection with the birth of a child, in accordance with Article No. 128 of the Labor Code of the Russian Federation, I ask you to grant me, Evgeniy Olegovich Orlovsky, unpaid leave for 5 calendar days, from 10/08/2019 to 10/12/2019. I am attaching a certificate from the maternity hospital about the birth of the baby to the application.
10/07/2019 (signature) Orlovsky E.O.
If a man decides to take part of his annual leave in case of the birth of a child, then the application will look like this.
Director of trading
Vinogradov I.P.
leading specialist of the supply department
Orlovsky Evgeniy Olegovich
Statement
In accordance with the approved vacation schedule for 2021, the first part of the annual paid leave of 14 calendar days should have been provided to me from 10/10/2019 to 10/23/2019. I ask you to change the start date of your vacation and arrange my allotted days off from 10/08/2019 to 10/21/2019. The reason for the transfer is the birth of a child.
10/07/2019 (signature) Orlovsky E.O.
Some workplaces have application forms for time off. This greatly simplifies the document preparation process. You just need to take the form from the secretary and fill in the blank lines.
Order
Based on the employee’s application, an order is issued in form T-6. It is important to draw up this document correctly. This will help avoid unnecessary questions from the labor inspectorate during the inspection. The T-6 form is usually filled out by a HR specialist. The document drawn up must be read and signed by the head of the enterprise.
The order contains the following information:
- document number and date of its preparation;
- personnel number, last name, first name, patronymic of the employee;
- position, structural unit in which the subordinate works;
- type of leave (without pay);
- duration of leave, specific dates;
- Business name;
- surname, name, patronymic of the director of the company.
The specific reason for the leave is not indicated in the document. The head of the enterprise has the right to approve another form of order. This point is reflected in internal regulations.
An example of an order drawn up in form T-6 to provide a man with time off due to the birth of a child can be found.
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Leave to care for a minor.
The father can also take advantage of the right to long-term leave after the birth of the baby in the family. It is indicated in Art. 256 Labor Code of the Russian Federation.
Maternity leave is granted to the father on the same basis as to the mother. However, both parents cannot apply for it at the same time. Therefore, the employer has the right to demand supporting documents that the woman did not exercise her right to maternity leave.
To apply for long-term parental leave, the father must provide:
- birth certificate of a minor;
- a certificate from the woman’s place of service stating that she did not exercise her right to maternity leave;
- a statement indicating the planned duration of the vacation.
A man applies for maternity leave only after the child’s mother runs out of sick leave provided in connection with pregnancy and childbirth.
Sample application for parental leave for the father. [39.00 KB]
Despite the fact that leave is provided until the child is 1.5 (or 3) years old, the father can interrupt it when necessary. The maternity leave can be extended due to health problems of the minor, but this will require supporting documents.
During a long vacation, a man, as well as a woman, is paid an allowance. It amounts to up to 40% of his average earnings.
To receive it, you must write an application and take a certificate stating that the mother has not been assigned payments at her place of service or at the social security authorities.
Sample application for receiving benefits for child care up to 1.5 years. [26.50 KB]
The period of maternity leave is included in both the total and continuous length of service. The father must retain his place of work and position.
He cannot be fired while he is on maternity leave, the only exception being situations of bankruptcy of the enterprise. A man has the right to leave his vacation earlier than the period specified in the application.
Payment for holidays
Article 128 of the Labor Code of the Russian Federation states that such leaves do not imply the retention of remuneration on the part of the employer. When filing applications, the basis is family circumstances and other valid reasons.
The manager's consent is required. There are no restrictions on periods of rest; the exact dates are negotiated between the parties.
If the vacation is issued with payment, then the calculation rules are general. That is, the average salary received over the previous two years is taken as a basis.
What to do if the employer refuses to grant leave to the father
Employers do not have the right to refuse a man leave at his own expense or regular work leave upon the birth of a child, since this obligation is assigned to them by labor legislation.
If the Collective Agreement between the manager and the team (trade union body, etc.) stipulates that in such a situation other compensation is provided, then they must be provided without fail.
A man has the right to take maternity leave on the same basis as his wife. At the same time, he must retain his place of service for the entire period.
Employer Responsibilities
According to Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to strictly follow laws and legal acts, internal regulations, and also provide maternity leave for the father upon his request. This possibility should be reflected in collective agreements and agreements.
Keep in mind: any refusal by the employer to provide leave is unlawful. The father has the right to appeal to the labor inspectorate, and, as a last resort, to demand it in court.
Often, in order to avoid aggravation of the situation at work, the father prefers to come to an agreement with his superiors. He may ask to work remotely or on a part-time, part-time basis.
Is it required by the Labor Code of the Russian Federation?
Article 128 of the Labor Code of the Russian Federation provides for the possibility of receiving time off for family reasons, among which there are mandatory reasons for providing additional unpaid leave:
- birth of a child;
- death of a close relative;
- wedding.
Article 186 of the Labor Code of the Russian Federation allows you to take days off for donation.
Weekends are provided without pay and can be taken regardless of the employee’s length of service in the company, as well as the schedule of planned vacations.
The period of time off is unpaid and is provided upon application by the employee on the next working day. In this case, the employer cannot refuse the employee this leave, but may require documents confirming the birth of the child.
Also, Article 123 of the Labor Code of the Russian Federation provides for young fathers the possibility of paid annual leave in connection with the birth of a child. It does not matter what length of service the employee has or what day his annual leave is scheduled for.
Time off without pay is also provided for overtime work - details here, work on weekends and holidays.
How many days off can you take?
As for the number of unpaid days that a father can take in connection with the birth of a child, according to Article 128 of the Labor Code of the Russian Federation, there can be up to 5 days.
However, upon agreement with management, this period can be extended.
It should be remembered that the length of service for annual leave includes only 14 unpaid days of rest per year.
Days provided in excess will postpone the employee’s working year and the right to receive the next vacation.
Usually, if the father of a newborn asks for more days, then the leaders come to their senses and meet them halfway.
In addition, often a long duration of unpaid rest periods is provided for by the company’s internal local regulations.
If we are talking about annual paid leave provided on the occasion of the birth of a baby, then it can be the number of days that is currently available to the employee.
Large enterprises typically have a collective agreement that provides for time off due to the birth of a child, as well as financial assistance from the employer upon the occurrence of a joyful event in the employee’s family.
An employee can check information about the collective agreement, as well as the presence of the specified clause in it, in the personnel department of his enterprise.
Unfortunately, the employer only pays for the days taken from the annual paid leave. As for additional time off, the employee takes them at his own expense.
