A nice addition is that she still receives almost the same amount of money that she received while working in her position. But what about the fair sex who did not perform the labor function? Can they count on any benefits from the state, and if so, what kind? We will try to answer this question in this article.
What is maternity leave?
First, let's take a look at the concept of maternity leave.
What is it when it is appointed and what is charged during it?
The legislator has established that maternity leave, or, in other words, a decree is the time given before and after childbirth for the woman to regain her strength after the birth of the baby, and also to have time to rest before his birth.
In the Labor Code, the concept of decree is not disclosed, but its time frame is indicated. In accordance with article 255 of the Labor Code, vacation due to an interesting situation and upcoming birth consists of two elements.
The first 70 days of the expectant mother are given to prepare for childbirth, and the beginning of the course of this period is determined according to the sick leave.
Further, depending on the complexity of the pregnancy and the number of fetuses being born, the total the number of days varies from 70 to 110... Thus, common with vacation rock for a future mother can be from 140 to 180 days.
Officially employed women have the right to take maternity leave.
Ladies who do not work, despite the fact that they are also in an interesting position, cannot go on such a vacation, since it is the employer that they do not have.
But this does not mean that these women are not entitled to a number of benefits established by the state.
Can you count on unemployed benefits?
Are maternity benefits due if you do not work? Many unemployed wanting to improve their financial situation, want to get a vacation. But the legislator nowhere directly says whether such a category of ladies can count on him. We will answer you this question in detail.
Non-working women are a broad category of individuals that can be divided into subcategories. Thus, persons who have never carried out labor activities, do not study and are not engaged in socially useful affairs, cannot count on benefits, which cannot be said about some other groups.
What categories of non-working women are eligible for payments?
Full-time students
If you are a student of an institution where you receive a higher or secondary vocational education, then you can look forward to a vacation due to the upcoming birth.
To do this, you need to be carefully monitored during pregnancy in the antenatal clinic, and when you reach thirty weeks pregnancy - come to the clinic and take a certificate of incapacity for work.
This document must be submitted to the dean's office of your educational institution. The dean's office will also ask you to write a statement about going on maternity leave.
Your application is considered and after that you are allowed to leave the educational institution for the period established article 255 of the Labor Code.
The formula for calculating such a manual for students is as follows: the minimum wage is multiplied by 24 months (2 calendar years) and divided by 731... The resulting number is multiplied by the days of maternity leave. This figure is your maternity benefit.
Unemployed
If you are unemployed, have not been laid off, do not study or engage in other activities, then maternity payments are not credited to you.
Upon liquidation of an enterprise
An unemployed woman who, during pregnancy, was has the right to deductions of maternity benefits... To do this, she also needs to be registered with the antenatal clinic. Upon reaching 30 weeks of pregnancy, she receives a certificate of incapacity for work.
Since her organization, in which her labor activity was carried out, was liquidated, the woman must submit a sick leave certificate to the social protection body.
It is this organization that will carry out the payment of benefits in the future, although the amount will be slightly less than in a situation if the woman worked under an employment contract.
Other cases
In addition, the legislator allows a number of other cases when pregnancy payments are due to the unemployed:
Dismissal on staff reduction is the reason for receiving benefits from the social protection authorities. It is important that the woman was not fired a few years ago, but during her pregnancy.
Also, those who can count on benefits who was dismissed within a period not exceeding 12 months from the date of receipt of the certificate of incapacity for work.
Sick leave payments for a non-working woman are provided if she is the wife of a military man, who was transferred from military units of foreign states. They can also apply for maternity benefits.
Along with the liquidation of the organization, such a reason as employer bankruptcy... The employee is not responsible for the financial situation of the employer, therefore, he can count on funds from the social protection authorities.
Father of the child on maternity leave
Can my father take maternity leave if the mother does not work? If a woman does not work, then the child's husband or grandmother can get maternity. However, for this it is necessary to prove to the husband's employer that the wife did not receive any benefits for pregnancy and childbirth (and after all, maybe, as we have already discussed above, for a number of reasons).
In order to protect the employer from cheating a man or a child's grandmother you need to take a certificate from the social security authorities, which would say that maternity in the name of his wife were not issued.
Only after that, the employer will calculate, according to the sick leave, the funds provided for payment during maternity leave.
Types of payments
Despite the fact that an unemployed pregnant woman cannot receive maternity benefits in some cases, she can easily become the owners of other benefits that will also improve her financial situation.
Lump-sum maternity allowance can be issued in case if both spouses are unemployed.
To do this, they need to appear at the nearest social protection agency with documents that would prove the fact of the birth of a child and the fact that the parents do not have a permanent job. Today the amount of such an allowance is about 15,500 rubles.
Step-by-step algorithm of actions
We will now take a closer look at the steps in obtaining this guide. Note that nuances are important in this situation. It is desirable that both mother and father be registered in the same district of the same city... Then the appeal to the social security body will be single.
Parents are waiting for the fact of the child's birth and receive a birth certificate. In addition, at the time of receiving the allowance, neither parent should be standing on the ore exchange.
Also the child must be registered with the parents and one of them.
After collecting a package of documents, parents must report to the social protection authority.
There, their papers are carefully checked.
After that, parents write an application for a one-time maternity allowance.
The employees of the body accept the documents and promise to notify the parents about the result of the application.
A few days later, parents must be notified that they can receive benefits, which are issued at the savings bank or come to the card.
If one of the parents is registered in another city or region, he must provide an appropriate certificate, which will indicate that they have not received any benefits.
List of documents that are needed to receive payment
Now let's figure out the list of documents that need to be submitted in order to receive the coveted payments:
- Statement, compiled by you independently or in the social protection authority or in the multifunctional center.
- Child birth certificate, issued in the registry office.
- Parents' passports and photocopies of their main pages.
- reference, confirming the fact that neither parent does not receive unemployment benefits.
- Certificate from the parent's place of registration, that you did not receive any benefits or payments in another city or district.
This completes the list of documents. You do not need to pay any fees to receive benefits... The state is obliged to provide its citizens with everything necessary in the first days of a child's life.
Conclusion
Many people mistakenly believe that since they do not work, then they do not have the right to receive any payments.
This is not the case and everyone can count on one or another material support from the state.
Even citizens who are not employed are full taxpayers, which means they can receive some support.
It is important to correctly build the procedure for receiving benefits and to accurately understand the nuances. Then you will spend quite a bit of time on bureaucracy and paperwork, and devote all your main time to the long-awaited baby.
Useful video
You will find out in what cases the benefits of unemployed pregnant women are guaranteed in the video presented:
Traditionally, in Russia, maternity payments are called compensation from the state at the birth of a child. These include:
The first two payments from the list are directly related to pregnancy. It is logical that only the mother of the child can receive such compensation. The father has no right to claim them.
As for paragraphs 3 and 4, then any of the parents of the baby, that is, the husband and father as well, can receive maternity leave.
Payments on parental leave for a child under three years old are only 50 rubles a month, so few people use them. However, the father of the child can receive this compensation if the parental leave is extended.
Payment amount
So, dads can qualify for two types of financial assistance. How much money can you get?
The amount of compensation from the state is 16,759.09 in the current year. It is paid only for live babies to either parent. If several babies are born, the allowance relies on each of them.
Important! If both parents are employed, or vice versa, both are unemployed, they can independently decide which of them will receive money.
If one of the parents is working, and the other is not, then compensation is assigned to the parent who is officially employed.
Step-by-step instructions for making a manual.
As for the money for childcare, the amount of the allowance due to the payment of the newly-made father is 40% of his average monthly salary.
Such earnings are determined according to data for the two years preceding the registration of the vacation, but the total amount of payments should not exceed the average monthly earnings for the last 2 years.
The maximum possible payment in the current year for childcare for dads taking parental leave is 24,536.57 rubles.
If the dad's salary does not exceed this indicator, it will be used to calculate the payment (that is, 40% will be counted from it). Thus, the monthly financial assistance will be equal to 3795.6 rubles.
Note that the dad has the right to work part-time, in which case the right to financial assistance remains with him. And here it is forbidden to work and simultaneously receive the above payment.
Unemployed fathers receive a childcare allowance in the amount of 3142 rubles at the birth of their first child, 6284 rubles for the second and subsequent children.
The regional coefficient also affects the amount of benefits. Accordingly, if such is established in the region of residence of the father, this will be another addition to the maternity payment.
Can a husband and father get maternity leave if the wife is not working?
The husband and father can receive maternity benefits regardless of whether the child's mother is employed or is not employed.
Moreover, in addition to the legal husband of the child's mother, the biological father of the child can also receive benefits, even if his mother and father did not create a family according to the law.
If necessary, parental leave and receiving payments can be issued for close relatives of the baby's parents.
Important! A prerequisite for receiving maternity payments to the dad is the presence of his last name, first name and patronymic in the column "father" of the baby's birth certificate.
How to arrange maternity benefits for your husband
As stated in paragraph 3 of Art. 12 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with motherhood”, when a man decides to go on maternity leave instead of his spouse, he applies for benefits within six months after the birth of the child and before he turns 1.5.
If the spouse is entitled to leave in connection with pregnancy and childbirth, then the childcare allowance can be received only after its end. It is appointed within ten days after the submission of documents.
To officially go on maternity leave and receive all payments due, the baby's father must collect the necessary documents:
- application for payment of benefits ();
- copy and original of the child's birth certificate;
- a copy of the marriage document;
- copy of the applicant's passport;
- a certificate confirming that the mother of the child is not officially on maternity leave and she is not paid benefits due to temporary disability. If the mother is unemployed, she takes a similar certificate from the social security authorities at the place of residence ();
- if parents do not work, you must attach copies of work books with the last place of work.
Attention: when the husband contacts the personnel department, he must be given a copy of the order with specific dates for the beginning and end of maternity leave, signed by the head, with a seal.
Funds are credited and paid at the place of official employment of a man, or, if he does not work, transferred to the provided bank details or by postal order.
Terms of payment of benefits monthly: 
- through the employer on the day of payroll;
- through social security authorities, as a rule, in the second half of the month.
If there are no disagreements, then the child's father will receive the money without difficulty, otherwise he will have to contact the territorial center of the FSS to resolve the disputable situation that has arisen.
In 2018, the amount of maternity benefits for both mothers and fathers of newborns varies greatly. An important role for the recipient of payments is played by the level of his salary before going on maternity leave, and state support in our country is not so significant.
Ekaterina Morozova
Reading time: 8 minutes
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Today a man is not only a "breadwinner" and head of the family. The modern dad takes an active part in the life of the baby. Moreover, even before childbirth. On ultrasound - together. At childbirth - yes easily! Taking maternity leave? Easily! Not all, of course. But maternity leave among dads is gaining momentum in popularity every year.
Is it possible? And what you need to know sending your spouse on leave to care for your baby
?
Is maternity leave for dad - all the subtleties of Russian legislation on maternity leave for men
Finally, in our country there is such an opportunity - officially send dad on maternity leave... It is unusual, even unacceptable for many, but it is convenient in certain cases, and, moreover, it is enshrined in legislation. 
- According to the law, dad has the same rights as mom. The employer has no right to refuse such leave to the dad. The refusal, if any, can be easily appealed in court.
- This parental leave is not related to the mother's maternity leave. - it is provided only to women, as well as the right to benefits.
- But dad has every right to take leave "to care for a child until they reach 1.5 years." With the payment of benefits. It is enough to decide with your spouse - who still takes this leave, and present the birth certificate of the baby, as well as a certificate proving that the mother has nothing to do with this leave and benefit.
- Also, dad can share this maternity leave with mom. Or go out with his wife in turn.
Dad on maternity leave - the main reasons why a man stays at home
Everyone understands that no father can fully replace a mother. It is with the mother that the baby should be one, and only the mother can breastfeed him. But artificial feeding no longer scares anyone, and mom's indispensability has long been in question
.
When does dad most often have to replace mom on maternity leave?
- Postpartum depression in mom.
The baby will be much calmer with a balanced dad than with a mother, whose state smoothly flows from depression to hysteria and back. - Mom can earn more than Dad.
The money issue is always acute, and when a baby appears, the need for funds increases many times over. Therefore, the best option is to work for the one whose earnings are higher. - Mom categorically does not want to sit on maternity leave because she has different priorities, because she is too young for the life of a young hen-housewife, because she is not capable of caring for a baby. If in this situation dad cannot go on vacation, then grandparents can go on maternity leave (also officially).
- Mom is afraid of losing her job.
- Dad wants to take a break from work and enjoy communication with your child.
- Dad can't find a job.
Childcare dad - pros and cons, what should be foreseen?
Of course, dad will be hard. In addition to the unfamiliar responsibilities that have fallen on him, there will also be strange looks from the outside
- few people will understand and approve of the situation in which the mother works, and the father is with the child and at the farm. But if everyone in the family is happy, dad is happy with such a role, mom is also happy, and most importantly, the baby is not prejudiced in anything
, then - why not? 
Dad on maternity leave - benefits:
- Mom doesn't need to quit her job.
- Dad can take a break from making money , and at the same time get a truly invaluable experience in caring for your baby.
- Dad can combine his maternity leave with work from home (articles, private lessons, design, translations, etc.).
- Dad begins to understand his wife better , having experienced all the difficulties of the early age of the baby. The connection with the child of the father, who “raised him himself,” is much stronger than in families where only the mother deals with the baby. And the sense of responsibility is higher.
- Dad on maternity leave is not jealous of the child ... You don't need to fight your own baby for your wife's attention.
- Dad is also busy raising a child (who spends the whole day with him), and mother (even tired after work).
Minuses:
- There will be very little free time on maternity leave. The child requires not just attention, but full dedication. There is a risk of being left on the sidelines of your career.
- Not every man is able to psychologically withstand caring for an infant. ... And the growing irritation will not benefit either the child or the atmosphere in the family.
- During vacation, dad, of course, cannot "keep up with the times", and falling out of the professional sphere is a real "prospect" ... However, she also refers to my mother.
- Dad on maternity leave is a serious psychological "press" from friends, colleagues, relatives. After all, dad is a breadwinner, breadwinner and drinker, not a nanny and a cook.
What should be considered when dad goes on maternity leave?
- The "dad on maternity leave" situation should be by decision of both spouses... Otherwise, sooner or later, it will lead to conflict.
- A man cannot live without self-realization... Even while on maternity leave, he must do what he loves - whether it be playing the guitar, photography, carpentry or something else. And my mother's duty is to help her husband in this.
- Any man's self-esteem will dropif he will sit on a fragile conjugal neck. Therefore, even if the situation suits both, there should be at least some opportunity for work (freelance, etc.).
- Dad's vacation shouldn't be too long. Even a woman after 2-3 years of maternity leave gets tired so that she flies to work, as if on a holiday. What can we say about a man?
Maternity leave for dad is not as scary as it seems. Yes, for 1.5 years you will almost fall out of your usual "free" life, but on the other hand you will teach your baby the first steps and the first word , it is you who will influence the formation of his character, and for your wife you will be the most wonderful husband in the world .
There can be no maternity leave for fathers, since maternity leave is the common name for two types of leave - prenatal and postnatal, which, as it is already clear from their name, can only be granted to women. Leave for men, which is traditionally called maternity leave by the people, is actually called parental leave, which, in accordance with Art. 256 of the Labor Code of the Russian Federation, can be provided to both the mother and the father.
How to get parental leave for a father?
Expert opinion
Andrey Leroux
Over 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure
Parental leave is issued on the basis of an employee's application. Of course, the application must be documented, that is, either the child's birth certificate, or the adoption decision with the birth certificate attached, or the birth certificate, if the employee submits an application before issuing the certificate with the registry office, must be attached to it.
Refusal to grant parental leave is illegal, regardless of whether it is denied to a man or a woman. In case of refusal, the employee has the right to appeal both to the labor inspectorate and to the judicial authorities with a knowingly winning claim. That is, in addition to the fact that the court will oblige the employer to provide a vacation, it can also collect money from the employer in favor of the employee if, due to the refusal to take the vacation, the employee had, for example, spend money on a nanny.
To apply for parental leave, in addition to the birth certificate, the man will need to attach a certificate from the wife's employer to the application stating that the wife did not express a desire to exercise the right to leave and did not receive childcare benefits.
It will not be superfluous to ask the employer to put information on their receipt on the copy of the application. If any disputes arise in the future, they will confirm the fact of the legality of certain actions of the employee (in particular, vacation periods, the amount of benefits due, payment terms, etc.).
If it is necessary to extend the period of care for the state of health of the newborn, then in addition to the indicated papers, medical documents on the state of health of the child should be submitted. According to the Code (article 256), the length of leave a man can count on is three years. Start date - the day after the end of the maternity leave issued to the mother; the completion date is indicated in the order. During this time, he is entitled to an allowance and the preservation of his position is guaranteed.
What payments can a man expect?
The financial support that a father who is on parental leave is entitled to is called allowance. Up to one and a half years, it is paid by the employer, and the amount is forty percent of the average earnings. In a situation where a man also works part-time for more than two years in the same place, then he has the right to choose who will give him benefits. In some cases, social security departments are in charge of payments.
The amount of the benefit can be fixed, and in such an option should be subject to indexation every year. The law establishes the minimum allowable threshold for payments.
- for the first child is 3,142;
- for the second and further children - 6,284 rubles;
The maximum threshold for care allowance is 24,536 rubles, regardless of the average monthly earnings.
The approximate amount of the allowance can be calculated using a simple scheme. First, the average daily earnings for the previous two years are calculated. It should be borne in mind that unworked days are not taken (sick leave, other holidays, that is, periods when earnings were kept). Divide the result by 730 and multiply by 30.4. Forty percent is calculated from the amount received as a result - this is the estimated amount of the benefit.
What is the duration of maternity leave:
For those employed, the maximum for 2015 is set at 19,856 rubles. Amounts exceeding this threshold are reduced to the specified value. Payments are made every month. In order to find out how to issue maternity to her husband, a woman should familiarize herself with the Order of December 23, 2009 No. 1012n (hereinafter - the Order). It reflects the basic information on the conditions and procedure for the provision of funds.
The period and main points when paying benefits to a man
In the Order, you can also find information on how to obtain maternity. Payment must be made no later than the 26th day of each month. In paragraph 43, the right to receive benefits is fixed when performing duties on the basis of reduced working hours (part-time), carrying out activities at home, as well as continuing education. The grounds for payment are recognized:
- the decision of the head of the organization to grant the employee a nursing leave,
- decision of the social protection department, which is located at the place of residence of the person caring for the child.
To start the process of processing payments, you must submit an application. The date of his admission is the starting point of the ten-day period for making a decision on the grant of benefits. In addition to the application, the following documents are required (a detailed list is contained in paragraph 54 of the Order):
- 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 (with a part-time job) or a social security authority (for unemployed or students) that the benefit is not issued for the specified child anywhere else (including the place of employment of another parent or relative),
- a certificate that is issued at the place of study and confirms the fact of full-time education.
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 peculiarities of the benefits provided. The fact is that from birth to a year and a half, the responsibility for payments lies with the employer or the social protection department, and the amount is equal to forty percent of the 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 from birth to three years. To obtain it, submit an application, a copy of the parental leave order and copies of the above certificates. Both benefits must be issued no later than six months after the child reaches the age of one and a half years.
When using leave, both for nursing and other types, it is advisable to request a certified copy of the work book from the employer. When the market is unstable, companies often disappear, as do their leaders. A copy will help restore the lost one.
Will the leave be included in the seniority?
Article 256 of the Code provides an answer to this question. According to the legislation, nursing leave is included not only in the general experience, but also in the continuous one, as well as in the experience in the specialty. In addition, for men, as well as for women, there is an opportunity to split the relying three-year period. Throughout the vacation, the law guarantees the retention of the position.
Maternity leave for men is more rare than common. In many families, husbands tend to receive a higher income than wives. For them, a break from work is extremely undesirable and can adversely affect their future career. In this regard, only a few people enjoy the legal right to care.
How to arrange, according to all the rules, early exit from maternity leave:
Most men who decide to devote themselves to caring for their newborns still work part-time. This allows you to spend time with your child, enjoy the right to receive benefits and not fall out of your “career stream”. Thus, after returning from vacation, the man can continue to work productively for the good of the company. The negative attitude of employers to the fathers' decree is mostly based on the extremely low prevalence of this phenomenon in Russia.
In Europe, maternity leave for the father of a family is quite natural. While few Russian men know that they can be released from work because of caring for a child on an equal basis with women. In this article, we will consider maternity leave for men (father), as well as the features of its registration, etc.
Maternity leave for men (father): conditions of provision
The phrase maternity leave for a man is not entirely correct. The concept of "maternity leave" includes - leave in connection with pregnancy and childbirth, and for the care and upbringing of the baby. Only the mother of the child can arrange the first part of legal rest. But the second - dad, grandmother, grandfather or other close relatives, as well as a guardian (Article 255 of the Labor Code of the Russian Federation). The employer is not entitled to refuse the father or the guardian of the child to take leave to look after and educate the son or daughter (Article 256 of the Labor Code of the Russian Federation). Otherwise, you can notify the labor inspection or go to court about the refusal.
However, if the child's father is a military man, he may be denied a decree on legal grounds (Article 11 No. 76-FZ "On the status of military personnel"). Only female military personnel have this right. The Constitutional Court ruled in 2011 that this state of affairs does not infringe upon the rights of citizens. As for persons in contract service, according to Presidential Decree No. 1237, they have the right to take maternity leave of up to 3 months in two cases: the mother of the child died during childbirth or if the father is raising the baby alone.
Reasons for leaving a man on maternity leave
Since 2007, the fathers have been legally allowed to issue a “decree” in the Russian Federation. According to unofficial estimates, this right was used by about 7% of young dads. More than a third of them deliberately wanted to raise the child themselves. In 23% of cases this was caused by the need - there was no one else to leave the baby with. 17% - due to the fact that their income was less than that of the other half. And 10% of the fathers were unemployed. The official reasons for this decision are as follows:
- The birth of twins or triplets - the parents have shared custody of the children among themselves.
- The state of health of the mother - complications after childbirth, serious illness, temporary disability due to injury, disability.
- The child's mother is studying full-time at a vocational school.
- The wife is settled informally or by civil agreement.
- The mother of the child did not have an official job during pregnancy.
- The wife's salary exceeds the salary of the father of the family.
- The desire to take responsibility for raising a child.
- An additional opportunity to relax from strenuous and nervous work.
The procedure for registration of leave for supervision and education
To provide parenting leave for a child, a man must do the following:
| Personal choice | Initially, you should decide what type of vacation is preferable: for the entire period or partial |
| Choosing between full-time leave or part-time "decree" | |
| The total duration of rest (until the child reaches one and a half years or three) | |
| At work | Before going on vacation, it is advisable to find a person who would replace the father for the period of "decree" |
| Apply for maternity leave to the authorities no later than seven weeks before the expected date of the start of legal rest. | |
| After the employer makes a positive decision, the father must provide the appropriate package of documents | |
| The company in which the man works is obliged to process the documents provided to him within ten days, and in the conclusion to issue an order on the registration of maternity leave and the payment of due benefits | |
| For FSS | In order for the Social Insurance Fund to reimburse the organization for the costs associated with the payment of benefits, the father must provide the employer with the necessary documentation |
Important! In the order on the registration of the leave, it is possible not to indicate the date of its end - so that the father can start working again before the end of the "decree" period.
Required documents for registration
The list of securities is presented in the table:
| For the employer | For FSS |
| Identity document; Birth certificate of a son or daughter; A document from the FSS certifying the fact that the mother of the child did not issue such a leave; A copy of the wife's employment record stating that the latter does not receive childcare benefits or a similar certificate from the Employment Center if the wife is unemployed; Sick leave for the wife's disability due to pregnancy and childbirth; Copy of marriage certificate. | Application for payment of maternity benefits; Birth certificate of the child; A copy of the employer's order on the approval of the vacation and the calculation of benefits; A certificate from the FSS department at the place of residence, certifying the fact that the mother does not receive benefits; A certificate from the Employment Center confirming that the mother does not receive unemployment benefits, if any; Excerpt from the work book about the current place of employment; Family composition data; Calculation of the average salary of a man. |
How to calculate maternity benefits?
An example of calculation is presented in the table:
Important! Based on Government Resolution No. 1316, the maximum average daily earnings should not exceed RUB 1,901.37. If this indicator is, for example, 2,250.54 rubles, then the allowance will be calculated on the basis of 1901.37 rubles.
Special cases of payment of benefits
For both unemployed men and fathers who work part-time, maternity benefits are paid based on the lowest monthly wage. In 2017, it amounted to 6,204 rubles. Hence the maternity allowance will be:
- 6,204 x 40% \u003d 2,481, 60 rubles. monthly.
If the wife does not work or works part-time
As follows from the previous paragraph, maternity payments will be calculated based on the monthly minimum wage rate for an unemployed woman or unofficially employed or working on a “part-time” schedule. Therefore, it is sometimes more expedient to issue them to an officially working father. It is enough just to show the employer and the FSS a document confirming that the woman is registered at the Employment Center and does not receive benefits there.
Important! If the mother of the child works, then the working father can arrange for himself a lump sum of payments in connection with the birth of the child.
Benefit amount
If the maximum earnings for which maternity benefits are accrued does not exceed 1,901.37 rubles, then the allowance is calculated based on the monthly salary. For instance:
- 57,800 x 0.4 (40%) \u003d 23,120 rubles. monthly - the maximum amount of the "child" allowance.
Extension up to three years
Legal childcare can be done before they reach one and a half or three years. There is no paid parenting weekend for older children. The basis for extending the leave until the child is three years old is Article 11 No. 173-FZ "On labor pensions ...". If a man is already sure that he will be in it for three years when he is on leave for supervision and upbringing, then the employer should be warned in advance. Required documents:
- Application for the extension of parental leave until the age of three.
- Application for compensation (500 rubles / month).
- A copy of the baby's birth certificate.
Important! A man's maternity leave does not fit into the work book.
Special provision for military personnel
Fathers in military service are entitled to a three-month leave to look after and raise a child (Article 32 of Presidential Decree No. 1237 of 16.09.1999). Contractors can also use this right. Base:
- Death of the mother during childbirth.
- A soldier is a single father, in his care there are still children under 14 years old or children under 16 years old with a degree of disability.
Features of payments for entrepreneurs
Individual entrepreneurs who do not make insurance payments to the FSS are entitled only to those payments that are due to all citizens of the Russian Federation:
- payments for the birth of a son or daughter;
- monthly allowance for looking after and raising a child.
The amount of payments for a father with many children
If a man decides to take maternity leave immediately for two or more babies at once, then he has the right to receive payments from the state that do not exceed double the amount of benefits for one child. The maximum monthly allowance for a father of two or more children will not exceed RUB 46,240. (23 120 x 2).
The amount of the allowance for part-time workers
How to split your vacation
The law does not limit the number of parts into which the "child" leave can be divided. If a man decides to interrupt the "decree" and go full-time, then the employer draws up a corresponding order, according to which payments of benefits are suspended. After that, you can re-issue a vacation upon a written application from the employee. Leave for supervision and upbringing can not only be divided into parts, but also reissued to the mother, grandmother, grandfather and other relatives. To do this, you need to provide to the social security authorities:
- Written statement from a relative.
- Birth certificate of the child.
- A document confirming that the father no longer receives childcare benefits.
Denial of leave for dad
The main reasons why they may be denied leave:
- The wife has already taken out a vacation and is receiving benefits for it.
- The father is not the legal guardian of the child.
- Father is a soldier.
Maternity leave for men: topical issues
Question # 1: Is it possible to take a parenting leave for a non-working father?
Yes, but then the amount of the benefit will be minimal, since it will be based on the minimum wage.
Question # 2: I want to re-register childcare and childcare benefits for my spouse. Is it possible?
Yes, a man will be able to go on parental leave - and he will receive the specified monthly benefits.
Question # 3: That year I decided to take a leave to look after my daughter for up to 1.5 years. But circumstances force me to return to work ahead of schedule? Am I entitled to this? After all, another person is already working in my place.
By law, you have the right to leave vacation whenever you want - the employer is obliged to keep your job.
Question # 4: Can a father extend parenting leave for his son to three years?
Yes, you can do this by writing an appropriate application.
Question number 5: We had three babies, we decided to arrange a “children's” leave for my husband - he has a high salary. Will he receive the maximum allowance for each child?
Unfortunately no. The maximum size will be 46,240 rubles. - it is numerically equal to the double allowance for one child.
