Caring for a child is the main task of both parents. According to the law, the spouse of a pregnant woman after the birth of a child has the right to take parental leave instead. Usually a man goes to this because of the worsening psychological state of his wife during the postpartum rehabilitation period, or the head of the family decided to take a break from work and devote himself to the family, while the spouse would prefer to move up the career ladder. Maternity leave for men has its own nuances. In the article we will tell you about maternity leave for the child's father in 2019, consider the main aspects.
Features of maternity leave for fathers
At the legislative level, the child's father is entitled to the same rights and benefits as the spouse. The only thing in the list of documents for the granting of maternity leave must be a certificate stating that the child's mother voluntarily refuses to take maternity leave and does not receive the appropriate allowance.
Father's maternity leave is a break from work to take care of the baby. Taking maternity leave is prohibited, as it is assumed that during the rest a woman will improve her health and recover after the period of pregnancy and childbirth. Therefore, a man can apply for a vacation only after the end of his wife's BIR leave.
How to arrange maternity leave for a father
In order to take parental leave, a man must apply at his place of work (in several companies, with part-time jobs) and attach the necessary documents to it. After the publication of the Order of the head of the company, the accounting department calculates the man's allowance for caring for a child up to 1.5 years old.
If the father of the baby wishes to extend the leave until the child turns 3 years old, the child benefit is paid up to 3 years old. The employee has the right to leave the workplace the next day, as his wife will end the terms of stay on maternity leave indicated in the certificate of incapacity for work.
A man is granted leave and child benefits on the basis of his application, and benefits are accrued after the relevant order of the employer is issued.
Positive aspects of the father's departure on maternity leave:
- the period of being on vacation is included in the total length of service,
- the father has the right to count on the preservation of his job and position,
- a man has the right to split the maternity leave into parts, take care of the baby for a couple of months, and then return to work while another relative continues to care for his child,
- maternity leave for someone can be an opportunity to take a break from work.
Negative points:
- a man is by nature inclined to raise funds for his family, and temporary departure from work can negatively affect his psyche,
- some fathers are not able to feel comfortable alone with the baby, and therefore maternity leave will be a test for them.
Payments to men caring for a child
Allowance - financial assistance designed to facilitate caring for a child during the period of stay on parental leave. Until the children turn 1.5 years old, payments are made by the employer's accounting department in the amount of 40% of the employee's average monthly earnings.
It so happens that a man combines two jobs at once, and his work experience in both jobs is more than 2 years. In such a situation, the allowance is paid at one place of work at the discretion of the employee. In some cases, the allowance is assigned at the local department of social protection of the population.
The formula for calculating childcare benefits based on the father's salary:
SP \u003d ZP * 24: (730 (731) - PN) * 30.4 * 0.4 ,Where
- SP - the amount of the benefit,
- Salary - wages,
- 24 - number of months in 2 previous years,
- 730 - the number of days in 2 years, 731 - in the case of a leap year,
- PN - periods of incapacity for work,
- 30.4 is the average monthly number of days,
- 0.4 - 40% of the total.
If the amount of the benefit calculated based on wages is less than the minimum value established by law, the minimum benefit is paid:
- 3065 rubles 69 kopecks (for the first child),
- 6131 rubles 37 kopecks (for the second child).
The minimum payment is usually assigned:
- caring for the baby, when the parents are deprived of parental rights,
- when students are caring for the child,
- if the mother was fired due to the closure of the company during pregnancy.
It also happens that the allowance calculated on the employee's income exceeds the maximum established by law (23,089 rubles), then it is paid in the amount of 23,089 rubles, since otherwise the total income of the father exceeds the limit of the insurance base.
Terms of payment of childcare allowance
Payments are made by the 26th day of each month, this applies to payments at the place of work and those that are assigned through the department of social protection of the population. In the case of a childcare allowance, the money is credited to a bank card until the baby is 1.5 years old. If the father wishes to extend the leave until the child is three years old, an allowance is assigned until the child turns 3 years old.
When can you take maternity leave
The child's father has the right to go on parental leave as soon as his wife's maternity leave ends. However, it is necessary to give the employer 7 weeks notice before the planned leave. An application addressed to the employer must be made in any form in two copies, the law does not establish a unified form. It should contain:
- the name of the company in which he works,
- your initials,
- the essence of the appeal,
- date of drawing up the application,
- personal signature of the employee.
In the event that the employer refuses a request for maternity leave and payment of benefits, the employee has the right to sue him and complain to Rostrud. The employer's dissatisfaction can be understood - he loses a specialist for quite a long time - from 1.5 to 3 years, plus it is necessary to pay compensation.
You can agree with the employee about part-time or remote work, since a man, according to the law, may not appear at the workplace during the entire vacation, can work part-time or at home without losing benefits.
List of documents for registration of maternity leave
If a man has an official place of work, he must present the following package of documents to his employer:
- application for granting him parental leave,
- a copy of the child's birth or adoption certificate, certified by a notary seal,
- copies of birth certificates of previous children,
- application for the payment of childcare benefits for a child under 1.5 or 3 years old,
- a certificate that would be evidence that the mother of the child voluntarily refused to leave on maternity leave and from receiving benefits,
- a certificate from other places of work or from the USZN stating that the benefit is not paid anywhere else,
- a certificate from a medical institution about the child's health (if it is necessary to extend the vacation due to the baby's illness).
If the baby's father is not employed, he will have to collect additional documents:
- a copy of the work book,
- copy of your passport,
- a certificate from the Employment Center, proving the absence of unemployment benefits. The end date of the vacation will be indicated in the Order of the head.
Is leave counting for work experience
Maternity leave granted to a man is rare in Russia. This is due to the fact that, as usual, it is the man who has the highest earnings, and therefore his departure from work negatively affects the well-being of the family. But the circumstances are different, in addition, the head of the family, caring for the child, has the right to continue working at home or part-time, which allows him to continue to provide for the family.
At the legislative level, there is a prescription for the entry of father's parental leave:
- in total work experience,
- in continuous work experience,
- in experience in the specialty.
Just like a woman, a man is given the right to divide the vacation period into three years, while the position and salary must remain.
Legislative acts on the topic
Typical design mistakes
Mistake # 1. An employee who is on parental leave instead of a spouse was deprived of childcare benefits for a child under 1.5 years old due to the fact that he works remotely.
The child's father has the right to work part-time, work from home and not work at all - in any of the above cases, he must retain the child allowance.
Mistake # 2. The employee was denied parental leave on the grounds that the child was adopted and not born by his wife.
The fact of the birth or adoption of a child does not play a role, the child's father (native, adoptive parent) in any case has the right to take parental leave instead of his spouse.
Answers to common questions
Question number 1. I have two part-time jobs where I am entitled to receive parental benefit if I decide to take parental leave instead of my spouse?
You must apply for maternity leave in the name of both employers, but only one of them, at your discretion, is obliged to assign benefits to you. You must submit an appropriate application for the calculation and accrual of your child allowance to the accounting department of your chosen company.
Question number 2.Can the child's father go on parental leave, and after some time go to work and transfer the right to stay on maternity leave to another family member?
Yes, there is such an opportunity. The child's father can withdraw from the decree at any time; the child's closest relative will take care of the child.
In modern conditions of gender equality, the question of how a man can go on parental leave is very relevant. Therefore, it is worthwhile to understand this in detail from a legal point of view.
Is the father eligible for parental leave
The child's father is provided with an OPUZR (parental leave) under Article 256 (part 2) of the Labor Code of the Russian Federation in cases where he actually takes care of a child under 3 years old.
To do this, a man only needs to submit an appropriate application to his employer (Article 13, Part 6 of Law No. 253-FZ of December 29, 2006 "On Compulsory Social Insurance"), accompanying him with documents stating that the child's mother is working and has not completed an OPHR in the service, or that she does not work and does not receive appropriate financial assistance from the state (its social protection authorities).
The father can use the OPUSR in parts - alternately with the mother and other relatives of the baby. And at the same time, each employer is obliged to keep a job for each of the officially caring people until their child reaches 3 years of age.
Is it possible to arrange maternity leave for a husband when adopting a child?
This question is no less relevant today than the previous one. According to the law (Article 257, Part 2, Labor Code of the Russian Federation), the adoptive father, as well as the adoptive mother, can take an OpUzR until the adopted child reaches the age of three.
Only both foster parents at once will not be able to use such a vacation, they will have to agree on which of them will "take it".
The procedure for providing benefits (up to one and a half years) for an adopted baby is exactly the same as for a blood one. Only adoptive parents will have to provide the appropriate authorities with a court decision on adoption.
Conditions for obtaining maternity leave for a husband
The condition for issuing an OPHR for a father and a husband is the fact of his care for his own or adopted child. And the basis under the law will be a statement from the employee to the employer.
The wife and mother will need to provide one of the certificates:
- from her place of work that she is not on maternity leave to care for a child under 3 years of age and does not receive the appropriate allowance;
- or from social security (at the place of residence), again about not receiving state benefits (this is if a woman does not work or is receiving full-time education).
Maternity leave for a man whose wife does not work
In general, there is nothing difficult for a man whose wife does not work to leave for an OPHR. However, this procedure has its own subtleties. And the point is not even so much to actually go on maternity leave, but to receive state allowance until the child reaches one and a half years of age... And this is more difficult.
note
Such an allowance can be issued not only at work, but also in the territorial bodies of social protection. It can be assigned to unemployed, laid-off mothers, or full-time student mothers after the period in which they were entitled has ended.
Both parents of the same baby cannot receive the corresponding allowance at the same time. Should you choose who it will be: a father in an OPHR or a non-working mother?
And then you need to look. Most likely, everything should be registered for the father, if he had a decent "white" salary. After all, the allowance "up to one and a half years" directly depends on the salary (for the previous 2 years before the OSHR) of the man receiving it. And then the mother will only need documentary confirmation that she does not receive the appropriate allowance.
How to arrange maternity leave for a father if the mother does not work?
In order to issue the father of an OPUZR, his application at the place of work is enough, to which a certificate is attached stating that the non-working mother does not receive the due benefits from the social security authorities.
And if the certificate is not attached to the application, the father will be denied the calculation and payment of benefits. Although he will still go on maternity leave.
Father's Maternity Leave and Part-Time Work
According to the law, the mother, father, as well as another relative of the baby, for whom the OPUZR is registered, can also work. Part-time work - 7 hours a day or 38 a week. And the benefit will not be stopped at the same time.
According to articles 91 and 94 of the currently effective Labor Code of the Russian Federation, it is essential that an employee in an OPUZR work in production or in an office less than the prescribed time limit. He can also choose the most convenient schedule, focusing on clause 8 of the Regulation of the USSR State Labor Committee and one more Regulation, but already of the Secretariat of the All-Union Central Council of Trade Unions No. 111 / 8-51 dated 04/29/1980, which no one canceled.
This is exactly what is often done in families where there is a non-working mother and / or retired grandparents. They can take care of the child while the father is working part-time. With the preservation of the payment of benefits.
Documents for registration of parental leave for the father
To go to the OPUZR, the father of a baby who has not reached the age of three will have to attach a package of necessary documents to his application in any form:
All these documents can be submitted to the insured in person, by registered mail with notification via the Russian Post or submitted in electronic form (in accordance with clause 5.1 of the Order of the Ministry of Health and Social Development No. 1012n dated 23.12.2009).
The application for maternity leave is written in free form. But it is important to indicate the following data there:
- Name of the applicant;
- when (date) and how the child was born in the family;
- the terms of the requested OpUZR (from the moment of filing the application and up to 3 years of the baby or partially);
- a request for benefits (for up to one and a half years of age for a child).
Instead of a conclusion
It is obvious that the father, like the mother, can go on parental leave and will receive the required allowance. The main thing is to submit an application with the specified deadlines and attach the required package of documents to it. Then the employer will issue an order in which he will release the head of the family to the OPUZR for the period specified in the application. And it doesn't matter - whether we are talking about a blood baby or an adopted child.
Parental leave can be issued to the person who actually takes care of the child (mother, father, grandmother, grandfather, uncle or aunt). And this person can go to work (retaining the care allowance) for a part-time, change the schedule, switch to domestic work.
OpUSR can be intermittent-partial, when it is carried out by the child's relatives alternately. In fact, the procedure is as follows: if you go on maternity leave, you submit an application. And you leave it for work, too, upon application. You need to go to the OpUzR again - you write a statement again. And the employer issues an order every time - both about leaving and about getting out of maternity leave.
The maternity leave of the child's mother is considered traditional in society. However, for some reason (for example, high earnings of the mother, postpartum depression of the mother, etc.), there is a need to go on maternity leave for the child's father.
Initially, this approach to the mother's decree is enshrined in legislation. Until 2007, the legislation did not contain provisions that would provide for the possibility of entering parental leave for dad and the payment of an appropriate allowance to him. The situation has changed along with the amendments to the labor legislation of the Russian Federation.
Father's parental leave - grounds for leave
Article 256 of the Labor Code of the Russian Federation provides for the father's right to go on maternity leave (childcare vacancy). The most common reasons for "role reversal" in terms of childcare are:
- Informal employment of the child's mother or its complete absence.
- A significant difference in the earnings of the spouses (towards the woman).
- The need for a woman to rest after childbirth, physically or mentally.
- The woman has postnatal depression.
- Temporary incapacity for work of the child's mother.
- Registration of maternity "rest" for caring for twins or triplets (in this case, the mother has the right to issue a decree for one child, and the father for the second).
The law does not require justification for wanting to take parental leave for the dad for any good or disrespectful reason. In Europe, the practice of "resting" fathers at birth is very common.
In Sweden, a man must leave his job temporarily for at least a month after the birth of a child. In Germany, parental allowance is paid more for fathers than for mothers. Russian law does not differentiate the amount of care assistance depending on the gender of the parent on leave.
To form the correct position, it is necessary to distinguish between two concepts - "maternity leave" and "parental leave". It is customary to call a decree a temporary release from labor duties in connection with pregnancy and childbirth of a woman.
Thus, a man cannot take a decree due to his physiological characteristics. However, a man has the right to take parental leave.
Article 18 of the Law of the Russian Federation "On Vacations" provides the following persons with the right to take care leave:
- Mother.
- Father.
- Grandmother.
- Grandpa.
- Other relatives who are looking after the child.
At the same time, the distribution of the term for which the "dismissal" is taken may be different (for example, a mother goes on vacation for a year, a father for a year, a grandmother for a year). At the same time, the amount and system of payment of the benefit will not change.
Father's Maternity Leave - Registration Procedure
Article 18 of the Law "On Vacations" regulates the procedure for registration of leave to care for a son or daughter and maternity leave. They are opened on the basis of the corresponding application, which is submitted directly at the place of work.
The application must also include:
- Child's birth certificate.
- Help from the mother's place of work / study.
This certificate is intended to confirm the fact that the mother is not on maternity leave with her father at the same time. If, in accordance with Article 256 of the Labor Code, the spouses decide to share the vacation (to take it one by one), then the corresponding time periods (dates) must be displayed in the certificate.
Also, the employer has the right to require the following additional documents:
- A copy of the mother's work book, which indicates the absence of her employment and receiving benefits at work.
- Mother's incapacity certificate (certificate from the maternity hospital / hospital).
- Marriage certificate.
It should be noted that the absence of such documents cannot be a reason for refusing to grant parental leave for a father. Indeed, in practice, parents may not be in a registered marriage (and the relationship between husband and wife in general).
To make a decision on granting leave to the employer, it is enough to obtain a copy of the page from the birth certificate, which certifies paternity.
After going on parental leave, in the case of official employment of the father, he retains a job. During the absence of an employee, the employer has the right to find a replacement for him. However, after leaving the decree, he will begin to work in the same place. It is also possible to establish an agreement with the employer to perform a certain part of the work at home.
Both father and mother can leave maternity leave at any time. However, it is necessary to inform the employer about this in advance in writing.
Maternity payments to father
The father can count on a par with the mother. In order to receive childcare funds, you must contact the FSS.
Provide in this case:
- Application for payment of benefits.
- A copy of the child's birth certificate.
- A copy of the order from the place of work on the appointment of parental leave.
- Certificate of absence of childcare allowance paid to the mother.
- A copy of the certificate confirming the absence of benefits paid to the mother by the Employment Center in connection with her unemployment.
After all these documents have been submitted, the father is entitled to receive payments.
Fathers benefit payment
The size starts from the minimum size. Thus, the minimum amount of payments is 2,908.62 rubles for 1 child and 5,817.24 rubles for the second and subsequent children.
If the father is on parental leave for several children at once, then the assistance is summed up. Regardless of the level of earnings and the number of children, the amount of payments cannot exceed 11,634.50 rubles.
The legislation also sets an upper limit on childcare allowance, which is 40 percent of the father's earnings.
Another type of financial assistance that can be issued to the father is maternity capital. The right to receive such capital is provided for by the Law of the Russian Federation of December 29, 006. As of 2017, the amount of the parent capital is 453,000 rubles. There are no restrictions on the registration of funds received for the father or mother.
Other features of the father's decree and judicial practice
One of the characteristic features of a "decree" for a man is the date of its commencement. Such leave starts counting from the day following the day of the last day of the child's mother in connection with pregnancy and childbirth.
The deadline can be arbitrary. Article 256 of the Labor Code of the Russian Federation establishes only its extreme limit - three years from the moment of its beginning.
The application must be submitted by the initiator no later than 7 weeks before the first working day, when the man does not plan to go to work.
The employer is traditionally reluctant to let a man go on maternity leave. If on the part of a woman such care for vacations is more expected, then from a man it often comes as a surprise. However, despite this, the employer does not have the right to deny the father a job. In practice, such a refusal occurs often for formal reasons. Also, the employer may delay the vacation registration process.
The situation of dismissal of an employee after notification of the desire to go on parental leave is considered unacceptable.
In the event of such a conflict, a man has the right to go to court to protect his interests. When arguing a claim, it is necessary to refer to the norms of labor legislation (Labor Code, as well as the Law of the Russian Federation "On Vacations"), the father has the right to ask for reinstatement at work with payment of lost income, as well as moral compensation. The best proof, in this case, can serve as a vacation application with a note of receipt by the employer.
A terrible dream of my boss was that one day his young "girls" (and these are two departments of 15 people), "will rise up" in marriage and at the same time go on maternity leave. Therefore, after another brainstorming session, a counter-proposal was made: to recruit new incoming employees only married and already having a child. The plan was based on the fact that they already had it - a husband and a child, and now they are determined only to work.
But expectations and reality are sometimes violently at odds. For five years of joint work, "young girls" have remained free and without children, and two out of three are "married with children" again. Greatly disappointed in the theoretical part, the boss decided to hire more "boys". But here, as it turned out, there are also “maternity risks”.
Ivanov, Petrov and Sidorov
An unprecedented "epidemic" began among the employees of one car service. One of the "harsh Chelyabinsk men" decided ... to go on maternity leave. This was due to the fact that Ivanov in the car service received a good "official" salary, and his wife earned little. The money was needed immediately. The wife quit her penny salary and took care of the child, and Ivanov took out maternity leave at a car service. At the same time, he took another job unofficially. The family hoped to live on the allowance and part-time work of a car mechanic "with hands".
It was difficult for the malevolent boss, Sidorov, to accept this. His powerful charisma and large volume of bile found an unparalleled field of activity. He teased, mocked and teased the young father leaving on maternity leave. Indeed, it looked ridiculous that Ivanov - a large, muscular man stained with fuel oil, gasoline and oil - would officially become a "housewife."
Sidorov said that if he knew about such tricks, he would have tried in any way to "remove the shameful" from the car service. But this "turn" could be put into a peaceful channel. After all, Ivanov could continue to work in the same place officially, but not full time. But the interests and characters of people do not always converge.
Life puts everything in its place. And "digging a hole for another" sometimes turns out to be a very thankless task.
Sidorov was sure that in his "flock" there would no longer be "black sheep" such as Ivanov. But he was wrong. Ivanov was friends with Petrov, and told him all the "details" of going on maternity leave. Petrov's wife was also expecting a child and worked in a low-paid job. Knowing the boss’s reaction to the departure of the “daddy,” Petrov was silent until the very end. He pretended to be, so to speak, a simple hard worker, until he went on another vacation, and from it - immediately on maternity leave.
It is not difficult to imagine what happened to the chief Sidorov. He was beside himself with rage. With renewed vigor on the same rake!
In the meantime, Sidorov showered with obscene abuse Petrov and Ivanov, let's figure out in what situation it is beneficial to use the right of "male decree".
A paternal decree is useful when:
- The spouse's income is significantly higher than that of the husband. The woman continues to work, without reducing the family's income. She receives maternity leave, after which she goes to work, and the newly-made dad takes parental leave.
- The wife did not have an official job during pregnancy and childbirth.
- The wife was a full-time student of the educational institution.
- There is a wife's disability or temporary disability due to illness.
How can a man go on maternity leave:
- It is important to divide the concept of "maternity leave" into two parts: sick leave for pregnancy and childbirth (granted directly to the woman in childbirth), and parental leave, which can be issued by any family member - mom, dad, grandmother or grandfather.
- In order for dad to go on parental leave, the employer must submit a written application to the employer, provide a child's birth certificate, a certificate from the wife's place of work or study (or a certificate from the FSS) that she does not receive childcare benefits, a copy of the marriage certificate , passport of the applicant.
- If Sidorov starts up at his father's work and refuses to grant parental leave, refer to Article 256 of the Labor Code of the Russian Federation, according to which any family member has the right to parental leave. You can appeal the refusal in court, or by contacting the labor inspection.
- Section 256 provides for childcare benefits and the ability to continue working part-time or remotely.
- During the "maternity" leave, the father retains his workplace. This period is counted in the continuous and work experience in the specialty.
- Interestingly, parental leave can be taken in parts. Relatives can arrange it in turn. Part of the time the dad is with the child, then mom, grandmother or grandfather.
- If the father combined two or three jobs, then the allowance is paid only for one place of work, which he himself chooses.
- The employer issues parental leave by order, fixing the start date. The date of the end of the vacation can be omitted, since a person who has gone on such a vacation has the right to interrupt it at any time and go to the workplace.
- There are restrictions for male military personnel. On the basis of Article 32 of the Decree of the President of the Russian Federation No. 1237 of 16.09.1999, male servicemen can take leave to care for a child up to 1.5 years only for 3 months and only in case of the death of his wife during childbirth.
- If twins are born in the family, then the mother can take parental leave for one baby, and the father for another.
Life presents unexpected situations. A man on maternity leave seems to be becoming a fashion trend. Owners of factories, newspapers, steamships, car services and construction companies have something to worry about!
Photo - photobank Lori
