Editorial
Promdevelop editorial team
Both parents must take care of the children. The law allows men to go on maternity leave instead of women.
The main thing is to familiarize yourself in advance with the design features associated with such a procedure. Mom also needs to take certain actions so that maternity leave for men is arranged correctly.
Can fathers go on maternity leave in Russia? On what terms
After the birth of a child, a woman has the right to take leave to care for a new family member. She is also entitled to additional payments from the social insurance fund.
For some time, such payments are compensated at the expense of the employer. For this, you have the right to apply for a tax deduction to compensate for part of the expenses. In connection with this direction, the following rules apply:
- 40% of the average salary is paid to a citizen during the first year and a half after the birth of a child.
- After this, the size of social payments is reduced, they will amount to only 50 rubles per month.
But other family members also have the right to take maternity leave. This applies not only to the father, but also to the grandparents. Therefore, the answer to the question of whether a man can go on maternity leave is positive.
One of the reasons for husbands to take maternity leave is, for example, the wife’s high salary. Sometimes it is simply useful for women to take breaks from maternity leave when returning to work.
Interesting. One of the mandatory conditions for resolving the issue is a written statement where the mother refuses the leave itself and the benefits associated with it. Both parents cannot use this opportunity at the same time.
When the father is on leave, the following rules apply:
- The period of maternity leave is included in the length of service.
- The place of work is retained.
Maternity leave can be used in full or in parts, depending on what is more convenient.
Fathers have the right to simultaneously receive leave benefits and work, but only part-time. In this case, the latter can be set at 7 hours.
Interesting fact! Even if the mother does not work, the father can go on maternity leave.
How to apply for the opportunity to work part-time?
According to current legislation, the father, like the mother, has the right, while on vacation, looking after the baby, to work on a part-time basis. This is stated in Art. 256 of the Labor Code of the Russian Federation.
Often this is the option preferred by most men who arrange child care. To do this, first take leave with benefits, and then additionally draw up an application for working, but on a part-time basis.
In this case, there is no need to obtain the consent of the manager..
In the application, the father must indicate how he intends to work:
- less than a week;
- how much time a day a person wants to work;
- shortened day (even by just 1 hour).
It is possible to choose the exact time when job duties will be performed.
It is worth noting here that a part-time work schedule represents work time whose duration is shorter than usual. The amount of the salary received in such conditions corresponds to that established in the employment contract. But it is recalculated based on the amount of time worked.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
When caring for a child, a parent can receive regular leave in the required amount during the year, interrupting the rest to look after the child. Upon completion, you can write an application to resume your vacation to look after your child.
Vacation up to 1.5 years
Lasts immediately after the end of maternity leave (B&P) and until one and a half years of childhood. For different women, the duration of this period can be of different lengths , depending on how many days according to the law she was entitled to maternity leave in the postpartum period - this is due to the peculiarities of the course of pregnancy and the nature of the birth.
In accordance with Art. 255 of the Labor Code for the recovery of a woman after childbirth provides for a postpartum period of leave under the BiR, amounting to:
- 70 days - during normal pregnancy;
- 86 days - in case of complications during childbirth (for example, if the mother had a cesarean section or birth trauma);
- 110 days - in case of multiple pregnancy (the birth of twins, triplets and more children).
Thus, in fact, this part of the maternity leave for employed women does not last a full year and a half, but 2-4 months less. This is significant, because on BI leave a woman receives a benefit in the amount of 100% of her average salary for each day on maternity sick leave, and after the end of maternity leave and the start of leave for up to 1.5 years, she is entitled to monthly payments of only 40% of this amount.
, compensation in the amount of 50 rubles also begins .
In addition to the traditional case of pregnancy and childbirth, women who adopt children :
- if at the time of entry into force of the court decision the child is under 3 months old, his mother is entitled to standard postnatal leave under the BIR (70 or 110 days for the adoption of 2 children or more);
- only after this the maternity leave period begins and benefits begin to accrue for up to 1.5 years.
Vacation up to 3 years
Unlike the previous part of parental leave, the period between 1.5 and 3 years can actually last a full year and a half at the request of the parents. In general, a woman will have to start work the day after her son or daughter turns 3 years old.
Due to objective financial difficulties at this stage of raising a child, many mothers prefer not to use the second part of the leave provided for by the Labor Code. This is permitted: maternity leave for up to 3 years can be interrupted early at any time convenient for the woman.
In this case, as a rule, the mother looks for a nursery for the baby and goes to work early. This option is not always possible due to queues in kindergartens and the insufficient number of nursery groups. Another common option is for parents to hire a nanny or give him up to his grandparents to raise.
This is important to know: Is it possible to fire on the last day of vacation?
Conditions for parental leave in the case of fathers
The main condition, as in the case of regular leave, is that the leave is actually granted to a minor family member. The basis on which maternity leave is issued for the father is an application drawn up by the employee.
The right to leave arises if at least one of two certificates is provided by the wife:
- Confirmation that the citizen does not receive additional benefits.
- The fact that maternity leave has not been issued to the mother of the child.
Applications must be submitted in any form. After this, a corresponding Order is issued, which describes the maternity leave for men.
When can you take maternity leave?
Maternity leave can be taken when the child’s mother’s sick leave ends, but the employee must notify you 7 weeks before the start of the leave. The application is written in free form: in the “header” the employee must indicate the name of the company or your full name, then (in the center of the sheet) state the essence of the request. Do not forget that the application must contain the date and signature of the employee. You can see an example here. You can refuse your father's request to put him on maternity leave, but remember that the employee can go to court.
You also need to agree with the employee on the time of vacation. He may wish to work part-time or remotely during this time.
Do not forget that the application must be drawn up in 2 copies.
A man can also take maternity leave, and on the same basis as the child’s mother. The only difference in the design can be considered the presence of additional certificates. You should not deny a man maternity leave; you need to get into the situation and, in accordance with the Labor Code, draw up documents and pay benefits.
Legislative framework for maternity leave for fathers
The following regulatory documents are used to regulate this issue:
- Order of the Ministry of Social Development, dated 2007, No. 74.
- Order of the Ministry of Social Development of 2012, No. 1012n.
- Order of the Ministry of Labor, No. 182, issued in 2013.
- Federal Law No. 255. Dedicated to compulsory social insurance in case of temporary disability.
- Federal Law No. 81 - describes government payments for persons with children. Maternity leave for the father, if the mother does not work, is issued on the basis of the same standards.
Are there payments to the father of the child?
A working husband retains the right to receive child care benefits in the amount of 40% of his previous salary every month - at least until the baby turns one and a half years old. The mother's work or lack thereof does not matter in this case.
Payments are suspended when the baby reaches the age of 1.5 years. After this, the compensation will be 50 rubles monthly until the child reaches three years of age. For such compensation it is necessary to draw up separate statements to employers.
The standard amount of benefits for working fathers is 40% of average earnings. The types of income received over the previous two years are taken into account. If your earnings are less than the minimum wage in the region or your work experience is less than six months, the minimum values are taken to calculate the amount of benefits. Control officials will always tell a man how to go on maternity leave.
Is a working man entitled to benefits?
A working father can take leave until the child reaches three years of age and has the right to receive a monthly allowance until he turns 1.5 years old , it does not matter whether the mother works or does not work.
This is important to know: Is it possible to officially work on maternity leave?
When the child turns one and a half years old, payment is suspended and compensation is paid in the amount of 50 rubles for up to 3 years. To receive this compensation, you need to write a separate application to the employer.
A working father receives a benefit equal to 40% of his monthly earnings , calculated on average over the last 2 calendar years. Payment is made until the child turns one and a half years old. Examples of calculating benefits up to 1.5 years.
The lower limit is determined by 40% of the current minimum wage, paid if the father’s monthly earnings are less than the minimum wage, or his work experience is up to six months.
The upper limit is calculated as the sum of the maximum bases for social contributions, divided by 730.
How is work experience recorded?
The laws contain information according to which this period is included in several types of accounting at enterprises:
- By experience per specialty.
- Based on continuous work experience.
- Based on total work experience.
The position and salary are retained under any conditions. At the same time, there is the right to divide the period of three years into different parts. Whether the father can go on maternity leave during this period has already been discussed earlier.
Documents required for registration
In addition to the free-form application itself, the following attachments will be required:
- Civil statements from each parent;
- Certificate from the civil registry office in form 24-F;
- A certificate stating that the payment was not transferred to the spouse at the place of employment;
- Document on the birth of children (birth certificate).
The Social Security Service is responsible for payments at the place of residence if neither spouse has an official salary.
In order for the benefit to be paid, regulatory authorities will need the following information:
- Papers confirming that benefits were not paid before.
- Document with information regarding work experience.
- Civil IDs from each parent.
- Document from the registration department. Confirms cohabitation with the child.
- SNILS of all family members.
- Certificate in form 24-F about the birth of a baby.
- Application for maternity leave for men in Russia.
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 (a detailed list is contained in paragraph 54 of the Order):
This is important to know: Calculation of vacation for less than a month
- 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 draw up 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 benefits 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 based on 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 your lost work book.
Can an employer refuse? In which cases
Employers are rarely interested in their subordinates taking long vacations. But in relation to women, the least number of obstacles are created in this matter. But the desire to arrange a vacation in the name of your father may meet with a sharply negative attitude.
Interesting. In practice, most often in such situations they refuse or put pressure on the participants in the process. Many may ignore the laws, leaving such requests simply unanswered.
Such refusals without a serious reason are unlawful. The employer does not have the right to refuse if all documents are collected and the application is completed without errors. To protect your rights, you can turn to several authorities: the labor inspectorate, the prosecutor's office, the judge.
Before such requests, you can remind the employer that refusal without serious reasons can become a legal basis for bringing to administrative liability. Maternity leave for the father of a child is no exception.
A difficult situation is developing in areas related to the military. An appeal to the European Court of Human Rights is the only remedy for such situations. The Russian legislator believes that a military man does not have the right to go on leave, even because of the birth of his son.
Practices in other countries regarding paternity leave
Laws generally do not require any reasons for taking leave to be stated. It doesn't matter whether they are respectful or not. In European countries, it has long been a common practice for men to go on parental leave.
Different countries have different rules:
- In Germany, men can count on increased benefits for the birth of a child if it is the father who goes on vacation.
- In Sweden, it is obligatory to arrange such a vacation for at least a month after the baby is born.
Can the father of a child take maternity leave if the mother is unemployed?
A woman does not always have the opportunity or desire to look after the baby. Then there is a need for the father’s help, but can the husband go on maternity leave if his wife does not work.
According to current labor laws, the father has the right to receive paid days of parental leave. This possibility is provided for in Article No. 256 of the Labor Code of Russia (LC).
It says that the right to such leave has the father, grandfather, grandmother or other relative, guardian who actually cares for the child. The maternity leave can be taken in full or in parts. During the period of leave, the employee retains his place and position. As a rule, in Russia the mother goes on maternity leave. The practice of registering maternity leave for fathers is common in European countries.
A change in the roles of spouses in terms of child care can occur for various reasons, including:
- wife doesn't work;
- the spouse is unofficially employed and does not want to leave work;
- the woman is temporarily disabled and cannot care for the baby.
About the structure of statements
Several generally accepted conditions have been developed, subject to which the paperwork is processed in a simplified manner:
- The addressee of the application must be in the upper right corner.
- Usually this part contains the name of the employer, or the regulatory body responsible for social protection.
- The author of the application must indicate his full name. It is also impossible to do without passport data and residential address.
- In the middle they put a title related to the document itself.
- Next comes the text of the appeal itself. There they write about their request and the dates when they plan to go on vacation or leave it. They write separately about the method by which benefits related to care are transferred.
The last ones describe the documents that are used as an attachment to the application. This is followed by a signature along with the date. If a man goes on maternity leave, payments and the rules for calculating them remain standard.
Sample application for maternity leave for child care for men
How to apply for parental leave if the father does not have an official job or is an entrepreneur
Not only officially employed employees, but also the unemployed and individual entrepreneurs can go on parental leave.
Unemployed fathers are entitled to a minimum benefit. To do this, you need to contact social security with a set of documents. They include:
- application for payment
– birth certificates of children. Copies must be provided
– a copy of the work book. It must be properly certified
– applicant’s passport. You will need a copy to submit documents. The original must be shown to a social security specialist
– a certificate from the mother’s place of work, which confirms that she did not go on maternity leave and did not receive benefits
– a certificate from the father from the labor exchange, which will confirm that the citizen does not receive benefits as an unemployed person
– if the child’s father is studying full-time, then it is necessary to provide a certificate of this from the place of study
There are two options for the development of events for entrepreneurs.
If a businessman goes on maternity leave and does not conduct his business, then it is necessary to apply for the assignment of benefits to the social security authority. If an entrepreneur intends to combine maternity leave and his activities, then he should apply for benefits to the local branch of the Social Insurance Fund.
When making a payment, you must submit an application to the relevant authority and attach a package of documents to it. You will need to write an application for payment, provide birth certificates for all children, the applicant’s passport, a certificate from the child’s mother stating that she did not go on maternity leave and did not receive benefits, and a certificate of registration with the tax service. If documents are submitted to social security, a certificate from the Social Insurance Fund will be required. If an entrepreneur plans to combine maternity leave and work, it will be necessary to transfer the required insurance contributions.
The benefit due will be minimal.
Calculation of benefits and some features
Previously it was indicated that the standard benefit amount is 40% of the average salary. But there are exceptions to this rule.
- Calculation based on the minimum wage, if the salary is below this indicator.
- 100% of the average earnings are always received by law enforcement officers, correctional services, and fire safety workers (firefighters).
For one person, regulatory authorities must assign at least 1,500 rubles. For each subsequent child in large families they should receive at least 3,000 rubles. Every year benefits in this direction are indexed.
24,536 rubles is the maximum benefit for citizens with fairly high earnings. Therefore, it is sometimes beneficial to take out maternity leave for the father to care for the child. Find out more about calculating maternity benefits.
Not only mothers, but also close relatives can go on parental leave. Time is used fully or partially. The order at the enterprise is issued after the man draws up a corresponding application indicating the exact timing of the vacation.
The right is preserved in relation not only to natural children, but also to adopted children taken under guardianship. The documents are issued for one of the spouses who will actually provide care. The father has the right to choose part-time leave. At the same time, the rest time itself is not reduced. A change in schedule is acceptable, after which work from home begins.
