Maternity leave for grandmother instead of mother: how to apply, up to 3 years, if mother does not work

But the modern pace of life does not always allow mommy to take advantage of this opportunity. There are often situations when a woman cannot care for her baby due to various life problems. Many people want to go back to work soon after the birth of their baby.

When exactly to return to official duties is a decision of the mother together with her relatives who support her. Then the question arises whether a grandmother can go on maternity leave to care for her grandson.

What is maternity leave

In accordance with the legislation of the Russian Federation, maternity leave is provided to all pregnant women, regardless of whether they are working or studying, looking for work or military personnel.

The type of such leave is divided into two categories:

1. Leave related to pregnancy and the birth of a baby. Issued in the form of a sick leave certificate, which sets the gestational age at 30 weeks. In standard cases, 140 days of sick leave are given. The indicated amount may vary due to multiple difficult births.
2. Leave to raise a child is issued for up to three years. At the same time, the length of service and place of the child are preserved. The first half of the vacation is paid, but the second is not.

The law allows you to split your parental leave days.

Thus, for the first 9 months the mother takes care of the children, and for the next months other relatives, for example, the grandmother. But this advantage applies only to paid maternity leave.

Features of applying for maternity leave for a grandmother

But the following conditions must be met:

1. The parents of the born baby must be officially employed or inpatient students.
2. In such a situation, it will be much easier if the grandmother also works for official employment.

Even if the grandmother is retired, it must still be registered as an officially working person. Since she will only be able to receive money in connection with the upbringing and care of the baby from her employer.

Thus, it is quite possible to arrange maternity leave for your grandmother if she works.

It is worth considering that for a grandmother who is on maternity leave, payments to the pension fund do not stop and this leave is taken into account in the total length of service.

And after the maternity period ends, the employer is obliged to maintain the maternity place of work.

There are cases when a disabled woman of retirement age can also apply for payments for children:

1. In cases where parents are disabled and become very ill, as a result they are unable to support their children.
2. If mom and dad are considered missing.
3. If the parents are in prison.
4. In the case where mom and dad were deprived of parental rights to their children.
5. In case of official abandonment of their children by parents.

In any case, the grandmother must submit an appropriate list of documents that confirms the parental non-involvement of the children.

After considering these reasons, the grandmother is appointed as a guardian and payments for the children are transferred to her.

How can a grandmother arrange maternity leave for her grandson?

If the situation in the life of a new mother is such that she is forced to go to work soon after giving birth, then the law provides for the opportunity for another person to take advantage of maternity leave . This is allowed at any time after the baby is born.

Then the question arises, how to arrange maternity leave for your grandmother if she works. This can only be done on an application basis.

• This means that the right to leave is exercised by the grandmother only after she submits a written application to her employer.
• In this case, the mother can go to work for the whole day, having previously refused payments and release from official duties.
• In order for your grandmother to go on maternity leave instead of your mother, you should familiarize yourself with what documents need to be collected:

1. Document about the birth of a grandchild who needs care.
2. Birth document of the baby's mother or father.
3. A certificate from the parents’ place of work or study confirming that they are not on leave to care for a child and are not receiving a monthly allowance.

At the same time, the law provides that the grandmother has the right to work, but with some restrictions:

• subject to part-time employment;
• at home.

In such cases, maternity leave is paid to the grandmother. This type of vacation may be interrupted. The ancestress has the opportunity to do this at any time and go to work if necessary.

If the employer does not hire the grandmother to the position she was in before the leave, it is recommended to file a claim in court, which will reinstate her to her previous job.

When calculating this benefit, the average earnings for the last 24 months are taken. If an employee combines two jobs, then he provides a certificate of income from another to his main place of duty.

Payments to a non-working grandmother will be greater than the minimum benefit to a non-working parent.

List of required documents for processing payments

When applying for maternity leave and subsequent payments, you need to collect a large package of documents.

In order for a grandmother on maternity leave to have benefits instead of her mother and be able to enjoy all maternity privileges, you need to provide the following information:

1. Document on the birth of grandchildren.
2. Identification.
3. Your own work record.
4. A document confirming parental non-involvement.
5. A document confirming family ties.
6. Certificate of grandmother's income.
7. Confirming document from the social protection service about the absence of child benefits.
8. Application in writing.

When submitting an application, you must indicate the date when you plan to go on maternity leave and return to your previous place of work.

If the grandmother wants to take maternity leave instead of her daughter, then this fact should be indicated separately.

How to write a statement correctly

According to the law, the application form for maternity leave is not fixed anywhere . But despite the fact that its form is arbitrary, it is important to know how to write the application correctly and what data must be provided.

The content must contain the following information:

1. To whom the application is sent, indicate the head of the enterprise where the applicant works.
2. Full name of the applicant who will care for the baby.
3. Request to apply for parental leave for up to 1.5 or 3 years. You can immediately apply for benefits.
4. The child’s full name, date of birth, and his or her position in the family.
5. List of documents attached.
6. Date and signature of the employee.

After the employer receives the application and all necessary documents, he draws up an order, which includes the following:

• Full name and position of the employee who is granted parental leave;
• exact start and end dates of vacation;
• information about the purpose of benefits;
• grounds for obtaining parental leave.

The employee must read the order, sign and date it.

Amount of maternity benefit for grandmothers

In accordance with the legislation of the Russian Federation, people who are on leave to care for children.

If the grandmother works several jobs, then the amount of payments will be calculated from the average income of all wages. The money is paid at the main place of work.

A grandmother who is on maternity leave instead of her mother will have the following benefits:

1. Until the child turns 1.5 years old, the grandparent will be able to receive 40% of her salary monthly. In this case, the average salary for the last two years is calculated.
2. The minimum allowance for one child from the beginning of 2020 is 16,350.33 rubles. If families are multiple, the maximum figure is 23,120.66 rubles.
3. For a child aged 1.5 to 3 years, the amount of payments is quite small, amounting to 613.14 rubles. for a month.
4. Child benefit is not accrued if the grandmother is a pensioner.

Maternity benefits can be received by one of the family members, regardless of how many people are involved in caring for the baby.

Compensation for a child from 1.5 to 3 years is insignificant, so during this period it is advisable for the family member whose salary is lower to look after the baby. Then you can maintain a higher income.

Thus, the grandmother has the legal right to take maternity leave to care for her grandson. The only caveat is that she must have a workplace.

If the grandparent is retired, she will not receive child care benefits.

From the point of view of the law, it does not matter who takes maternity leave. This procedure and the list of required documents are the same for everyone.

Please note that maternity leave is necessarily included in the length of service . The employer counts this period towards the total continuous length of service.

Leave to care for a child is included in the length of service in the specialty, except in cases of early retirement pension in old age.

Video: Working grandmothers can take maternity leave

Source: http://semeinoe-pravo.net/mozhet-li-babushka-ujti-v-dekretnyj-otpusk-po-uhodu-za-vnukom/

On maternity leave to care for a grandson: can a grandmother go?

After pregnancy, many women strive to gain strength in order to quickly return to their favorite job, and there is nothing wrong with allowing a grandmother to babysit her beloved grandchildren. The legislation allows pensioners to leave work and officially babysit their grandchildren while their mother continues to pursue a career.

If you have a lot of questions about this seemingly not the most obvious opportunity, and you are thinking about interrupting your protracted maternity leave, this material is for you.

What is maternity period?

Maternity leave to care for a child is a separate type of leave , which is provided to the mother for the period until her baby turns three years old. Do not confuse it with maternity leave, when a woman is just preparing to give birth and is going through the recovery period after childbirth.

In Article 256 of the Labor Code of the Russian Federation, which regulates the rights of citizens to leave and designates its terms, there is no such word “maternity leave”; it is rather a popular expression.

While the mother is on maternity leave, she is paid benefits, her job and position are retained, and she does not have the right to fire her (read more about providing maternity leave for children up to 1.5 and 3 years old here).

This period of non-work is not considered a break in work activity; she can even work part-time or at home without losing benefits.

Any woman can go on maternity leave , and it doesn’t matter whether she works, studies, serves in the army or spends her time at home.

It can be used not immediately, but at a time convenient for the parent, or used in parts before the required three years expire (how to apply for an extension of parental leave to 3 years?).

Another feature is that close relatives can go on parental leave if the mother can’t wait to return to work, but more on that below.

A mother can always officially go on maternity leave and work part-time or under a civil contract, but in fact the child will be cared for by a non-working grandmother. This way you can receive a small salary and maintain benefits.

It begins as soon as the required days of leave after pregnancy expire, and can last up to three years, at the request of the mother.

Many people go to work as soon as the child turns one and a half years old , since for the next period only a tiny compensation of 50 rubles is paid. (with the exception of certain categories of low-income people with many children).

To take advantage of maternity leave, you need to write an application at work and present the baby’s birth certificate and a certificate from the father’s work (confirms that none of the relatives went on vacation).

Apply for benefits immediately and at the same time. To do this you need to prepare:

• application for benefits;
• birth certificates of other children (if any);
• and a salary certificate for the last two years from two previous places of work.

Read more about how to apply for parental leave for a child up to 1.5 or 3 years old here.

Child care costs amount to 40% of average earnings.

Design features: benefits, payments and duration

According to Article 256 of the Labor Code of the Russian Federation, anyone who undertakes to care for a child can go on vacation instead of a mother . For this, the degree of relationship is not important, and it is not necessary to live with your parents. The maternity leave can be used in full for up to three years, or you can go on vacation one at a time.

From January 1, 2019, the maximum benefit amount was set at 26,152 rubles. per month.

Even though a working grandmother is retired, her work experience is not interrupted, and she is given a guarantee that she will keep her job while she looks after the baby (we talked in detail about whether parental leave is included in the work and insurance experience). In this article) . The official old-age pension will not disappear either.

A non-working pensioner can also go on maternity leave , but in exceptional cases: if the parents are dead, missing, deprived of parental rights, disabled, incompetent, in prison, or evading raising children. In this case, the benefit will be minimal. To go on maternity leave, she needs to contact the social security authorities.

Is it possible for a working relative to go on maternity leave to raise a 1.5 or 3 year old grandson if his mother does not work?

The Labor Code does not stipulate anywhere that the mother must be employed so that other relatives have the opportunity to care for the child and receive benefits. The order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n in paragraph 39 states that mothers who are temporarily unable to work or have lost their jobs are entitled to benefits. The main thing is that one person is on vacation.

If the mother is unemployed and the grandmother is going on vacation, then you will need a certificate from social security stating that the mother does not receive child care payments. The grandmother’s employer will still pay the money, so the amount of benefits here will remain 40% of the average salary for up to one and a half years and compensation of 50 rubles. up to three years.

How to apply: step-by-step instructions

Let's look at the procedure. How will the grandmother arrange her maternity leave:

1. The decision that the mother goes to work, and the grandmother will look after the grandson, is important to think about and discuss with the whole family. If you think that it will be better for your baby, then we begin to arrange a vacation.
2. Grandmother collects the entire package of necessary documents (see below).
3. Writes an application with all the conditions (see below for the procedure for registration).
4. He hands it along with the documents to the boss’s desk.
5. After the documents are accepted, an order is issued, on the basis of which the grandmother officially goes on maternity leave.

The employer is obliged to accept the application and begin paying you benefits in the prescribed amount and before the due date. If for some reason the employer refuses to accept your application, then the issue must be resolved in court.

What documents are needed, how to write an application?

To obtain the right to parental leave, the grandmother prepares the following documents:

• application for parental leave (up to 1.5 or up to 3 years);
• a copy of the baby's birth certificate;
• grandmother’s passport and work book;
• certificate confirming employment;
• salary certificate for the last two years;
• documents confirming that other relatives do not receive similar benefits (from work, study, social security, if one of the parents is unemployed).

Sometimes they require confirmation of the degree of relationship. Be aware that the law does not say that it is mandatory to provide such a certificate, so you are not required to prove family ties (see paragraph 6 of Article 13 of Law No. 255-FZ).

The vacation application is written in any form . Ask for the form in the HR department or in the accounting department (you can find it on the Internet or even write it by hand). The text should indicate:

1. name of the organization, full name of the head;
2. Full name and position of the applicant;
3. purpose of the application (request to provide parental leave for up to 1.5/3 years);
4. mark the start and end date of the vacation;
5. Full name, date of birth of the child;
6. request to assign benefits and compensation (you can write immediately, or you can make a separate application);
7. list of attached documents;
8. date, signature and transcript of the surname.

Who else can take on such a responsibility?

According to the same article. 256 of the Labor Code of the Russian Federation, any family member can go on parental leave:

• mother;
• father;
• grandmother;
• grandfather;
• another relative or guardian who will actually care for the child.

You can transfer your vacation to another family member at any time and several times. The law does not provide any restrictions until the child is three years old.

That's all you need to know about maternity leave for your grandmother. If she doesn’t mind taking a break, then this is an excellent opportunity for the mother to return to work earlier, for the child to spend more time with his beloved grandmother, and for the whole family not to lose the right to benefits.

Source: https://otrude.com/otpusk/dekretnyj-otpusk/po-uhodu-za-rebenkom/mozhet-li-babushka/

Can a grandmother go on maternity leave to care for her grandson?

Not long ago, domestic legislation underwent certain changes: now not only the child’s mother, but also her husband, grandmother and other close relatives have the right to issue a maternity leave. In addition, adoptive parents and legal guardians of a minor have the right to go on maternity leave. Let's look at the conditions under which maternity leave is granted, how to properly apply for maternity leave for a grandmother , how to draw up an application and what documents will need to be provided.

To apply for maternity leave for your grandmother, you will need to comply with the following conditions.

• The employed mother and father of the child issue certificates from their place of work proving the fact that the parents do not use the right to go on maternity leave.
• The mother will need to issue a document about going back to work if she interrupts her maternity leave.
• It is necessary that the grandmother be employed on an official basis.

The grandmother may receive an old-age pension or be unemployed. If she does not work, she is given the right to go on maternity leave under the following circumstances:

• the baby’s parents have died or gone missing, as confirmed by a relevant court order;
• the mother and father were deprived of parental rights - for example, they suffer from a severe form of alcohol or drug addiction;
• the baby’s parents do not have the opportunity to raise and provide for the child due to serious health problems;
• the parents of the minor do not want to raise the child.

So, in the above cases, the grandmother can go on maternity leave, even if she is on an old-age pension or is not employed.

If the child’s mother is unemployed, then the grandmother will not be able to go on maternity leave. However, there is an exception when a woman gives birth to several babies at once. In this situation, the grandmother has the right to issue maternity leave for her second and subsequent children.

To apply for maternity leave, your grandmother will need to provide her employer with the following package of documentation:

• application for maternity leave indicating the start and end dates of maternity leave;
• birth certificate of the baby;
• a document establishing the existence of a family relationship between the grandmother and the child;
• a certificate confirming the absence of transfer of financial payments for the care of the baby to the baby’s parents (the document is issued from the place of employment of the adults);
• a document issued by a medical institution stating that the baby’s parents have a serious illness;
• a certificate stating that the mother is resuming her work activity or is studying full-time.

The application shall indicate the following information:

• request to provide the applicant with maternity leave (his full name, date of birth), start and end date of maternity leave;
• list of attached documentation;
• date of application, signature of the applicant.

The application is quite simple, you can download a sample below.

Download a sample application for parental leave

The provided certificates and papers are certified by the seal of the manager, after which he puts his signature on the documents. An official does not have the right to refuse to issue a maternity leave to a grandmother. After the management checks the received documents, they sign an order stating that the subordinate is going on maternity leave.

The period of maternity leave is registered in the work book along with the length of service in the profession and the total length of service, except in cases where the old-age pension is paid ahead of schedule.

An employer will not be able to deprive a grandmother of her job while she is on maternity leave (except for the liquidation of an enterprise or termination of the activities of an individual entrepreneur).

Domestic legislation allows the division of the maternity leave into 2 parts - until the child reaches 1.5 and 3 years. You can also fully or partially divide maternity leave between different family members.

If the child’s mother first went on maternity leave, but subsequently life circumstances changed, as a result of which she needed to go to work, then the woman will need to take the following actions:

• Inform the employer of your intention to return to work in the near future;
• Visit the accounting department and issue a certificate stating that the employee’s maternity leave is interrupted and payments for the child are no longer made.

Next, the grandmother turns to her employer with a request to go on maternity leave.

If she works under an employment contract, she can go on maternity leave to care for the baby until the baby turns 3 years old.

A grandmother can receive a benefit for caring for an infant up to the age of one and a half years, which will be paid every month from social insurance contributions in proportion to her average salary.

The woman will receive 40% of her average earnings for 18 months.

Since 2018, the maximum benefit for child care is 24.5 thousand monthly. The minimum amount of maternity leave is 3 thousand rubles for one baby, 5800 for the second.

In addition, the grandmother retains her pension benefit.

As for the child’s mother, she gets the opportunity to build a career and financially provide for her family, so in some situations, having a grandmother on maternity leave is beneficial for everyone.

Today, not only mothers, but also other close relatives, such as grandmothers, can go on maternity leave. An officially employed grandmother has the right to go on maternity leave if the baby’s parents did not take advantage of this opportunity.

When an elderly woman is already a pensioner or unemployed, she will be able to go on maternity leave only in exceptional situations - for example, parents do not have the opportunity to provide for and care for the child and are deprived of parental rights. If the mother does not work due to serious health problems, then this is also sufficient grounds for applying for maternity leave for the grandmother.

In addition, the time spent by the grandmother on maternity leave will be counted as work experience. As a result, she will not have to worry about setting up a pension in the future.

Source: https://propravo24.ru/pravo/grazhdanskoe-pravo/dekret/kak-oformit-dekretniy-otpusk-na-babushku

Parental leave for a grandmother: how to apply for up to 3 years if the mother does not work, benefit amount up to 1.5 years, documents

Parental leave is targeted, its purpose is to care for the child until he reaches the age when he can be sent to kindergarten. For the purpose of material support, an allowance is paid every month until the age of 1.5 years.

Not only the mother of a newborn can take care of the baby and be on maternity leave, as is often the case, but also his other relative - father, grandmother, grandfather, aunt, uncle. The main thing is the relationship with the child and caring for him.

Is it possible to take it if the mother is working or not working?

Article 256 of the Labor Code of the Russian Federation states that the time spent caring for a child under 3 years of age can be used in parts by any of the relatives of the child, including his grandmother.

It does not matter whether the mother and father work or are unemployed.

The law states that leave lasts until the child turns 3 years old. You can go on maternity leave immediately after the birth of the baby, if the mother has not taken sick leave for pregnancy and childbirth. You can wait until the end of the maternity leave according to BiR and, upon its end, take out maternity leave for up to 3 years.

After the mother’s maternity leave, you can go to work, work for a while, and then take leave again for up to 3 years. While the mother is working, the grandmother can be with the child.

If the grandmother is working, then she has the right to take maternity leave at her place of work and receive a monthly allowance for the baby, calculated from her income for 2 years. An employer cannot refuse to satisfy her employee's request.

If the grandmother is already of retirement age and continues to work, while applying for maternity leave for up to 3 years, then the employer must also accept the application and issue maternity leave. He has no right to refuse her or fire her.

If the grandmother no longer works, then when caring for her grandson/granddaughter she will be able to receive only the minimum benefit for up to 1.5 years only if the following conditions are met:

• parents declared missing;
• father and mother are deprived of parental rights;
• parents are in prison.

Typically, maternity leave is issued for a grandmother when the child’s mother and father go to work to earn a living. At the same time, the grandmother takes care of the newborn and receives benefits for him for up to 1.5 years at her place of work. From 1.5 to 3 years the care allowance is no longer paid.

Child care can be arranged not only by grandmothers, but also by grandfathers at their place of work. It could also be another family member.

How to apply for maternity leave for up to 3 years?

To apply for leave, a working grandmother needs to contact her employer with the following package of documentation:

• application - written personally on one’s own behalf, indicating a request for leave of up to 3 years and the accrual of maternity monthly benefits;
• birth certificate from the registry office - confirms the age of the baby;
• certificates stating that the father and mother did not apply for a similar type of maternity leave and do not receive benefits for up to 1.5 years. Each parent must provide such a certificate; working parents receive it at their place of employment, non-working parents receive it at the social welfare department;
• certificate of income for 2 years, if the grandmother is working and in the last 2 years had income from other employers, then it can also be taken into account; for this you need to provide a certificate in a standard form.

Registration of leave for a grandmother who works is no different from a similar process for parents.

Based on the submitted documents, the employer issues a leave order for up to 3 years and assigns a monthly benefit for up to 1.5 years. Payments are made monthly.

That is, the period of child care up to 3 years old can be distributed in parts among relatives in a way that is convenient. For example, his mother may be with the child for up to a year, then she may go to work, and the grandmother will go on vacation.

Sample documents

• Download an application for leave for grandmother - sample.
• Download a certificate stating that leave has not been taken out and benefits have not been paid, from the parent’s place of work - sample.
• Download an order for vacation up to 3 years - sample.

Is maternity benefit available for up to 1.5 years?

If the grandmother is working, then she can receive maternity benefits at her place of work. The calculation of benefits is defined in Law 255-FZ.

The calculation period is taken to be the two-year period preceding the year of maternity leave. Sick days can be excluded from this period.

Earnings for calculating benefits include all income from which contributions are deducted - wages, annual leave, compensation for it, bonuses.

First, the average earnings for one day are calculated - the total income for 2 years is divided by the days worked. Next, the resulting value is compared with the established restrictions - it must be between the minimum and maximum earnings for the current moment.

To calculate benefits, average daily earnings are multiplied by 30.4 and 40%.

Maternity benefits are paid to the grandmother at work on a monthly basis - transferred to the details specified in the application, or issued in cash at the company's cash desk.

If the grandmother is not working, then there are certain restrictions on receiving a minimum benefit of up to 1.5 years in social security. If the parents cannot arrange the payment themselves at their place of work or in social security, then the grandmother can do this.

The inability of parents to obtain maternity leave must be documented (by court decisions). Valid reasons are considered cases when:

• parents died;
• missing;
• they were deprived of their rights to a child;
• are serving time in prison.

In these cases, the mother and father cannot apply for leave for the child and receive maternity benefits, so a non-working grandmother has the right to apply to social security for financial support.

Source: https://praktibuh.ru/kadrovyj-uchet/otpusk-po-uhodu-za-rebenkom/babushke.html

Can a grandmother go on maternity leave to care for her grandson for up to 1.5 years?

Most often, the mother goes on maternity leave to care for a child under 1.5 years old. In principle, you can stay on such leave twice as long - until the baby turns three years old. The problem is that this leave is paid by law only for the first 1.5 years.

However, different situations arise, and sometimes it is more convenient for the child to be looked after not by mom or dad, but by another relative - for example, a grandmother.

Let's figure out whether, by law, a grandmother can go on maternity leave to care for her grandson for up to 1.5 or 3 years, and how to arrange such leave.

Can a grandmother take leave to care for her grandson for up to 1.5 years?

Maybe, since the law does not introduce any special restrictions in this sense. In fact, anyone can take care of a child in the first one and a half or even three years of his life. It is clear that the key decision in this regard remains with the parents or guardians of the baby. If for some reason it is convenient for the grandmother to be on such maternity leave, there are no obstacles to this.

The main requirement of the law for a person who is on parental leave is that he actually provides this care.

Nothing else matters. The degree of relationship and even whether the person caring for the child lives together or separately is not important.

Of course, if such leave has already been issued for the mother, this will become an obstacle to applying for maternity leave for the grandmother. The child’s mother first needs to return from care leave, and then transfer care to another relative. The law allows this.

Don't forget about one more important nuance. Leave to care for a grandchild can be granted to a grandmother only if she is officially employed. If the grandmother is a non-working pensioner, this will not be possible in most cases. The only exceptions will be very specific situations when parents have been deprived of parental rights, they are in prison or missing.

How to apply for maternity leave for a grandmother

In order to go on maternity leave to care for a grandchild, a grandmother needs to provide her employer with the following documents:

• application for parental leave;
• application for a monthly care allowance;
• grandson's birth certificate;
• a certificate stating that the child’s mother is not on such leave.

Where to get the last type of certificate depends on the situation. If the mother officially works, at her place of work. If she does not work or is a student, a certificate will be given by the social security authorities.

The employer of the child’s grandmother does not have the right to refuse to provide her with maternity leave to care for her grandchild for up to 1.5 or 3 years, if all documents are in order. Such a refusal will be easy to appeal.

What guarantees does being on maternity leave give to a grandmother?

Firstly, the grandmother retains her place of work. By law, she can be on maternity leave to care for her grandson until he turns three years old. After that, she must be accepted into the same place.

Secondly, in the first year and a half of the child’s life, the grandmother will be paid a monthly allowance. Usually it is equal to 40% of average earnings for the last two years. True, a certain minimum, below which the benefit will not fall, is also established by law.

But what parental leave will not provide is additional insurance coverage if the grandmother has not yet retired. The law allows only parents to include the period of maternity leave in the insurance period. If someone other than mom or dad is caring for a child, this time will not be counted toward his or her insurance period.

Original article on our website:  https://krutomama.ru/laws/mozhet-li-babushka-ujti-v-dekretnyj-otpusk-po-uhodu-za-vnukom-do-1-5-let/

Source: https://zen.yandex.ru/media/id/5d384ebbfe289100ac29ec1c/5daad3808f011100aea1a9bd

Can Grandmother Get Maternity Leave If Mother Doesn't Work

In order to exercise the right to go on maternity leave at your place of work, you must write an application requesting parental leave until the child reaches the age of three, and also provide a certificate from the mother’s place of work stating that she returned to work before the age of three. expiration of her term and the benefit is no longer paid to her.

- a certificate from the social protection authorities at the place of residence of the child’s father and mother about non-receipt of monthly child care benefits (for one of the parents in appropriate cases), as well as for persons actually caring for the child instead of the mother (father, both parents) if the father (mother, both parents) of the child does not work (does not serve) or is studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education;

Is it possible to apply for maternity leave for a grandmother?

The benefit amount is 40% of the average salary for 2 years. If the grandmother has several jobs, then a leave application must be written at each enterprise. But benefits can only be received at the main place of work.

• application (submitted to the social protection department);
• birth certificate of the newborn;
• papers confirming family ties with the newborn;
• confirmation that the parents (or guardians) did not apply for maternity leave for themselves and continue to work is created in writing.

Can a grandmother go on maternity leave instead of a mother?

In accordance with Art.

255 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave for a duration of 70 (in the case of multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at the birth of two or more children - 110) calendar days after birth with payment of state social insurance benefits in the amount established by federal laws. This is “maternity leave”. Also, according to Article 256 of the Labor Code of the Russian Federation, it is established that, at the request of a woman, she is granted leave to care for a child until he reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws. Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child. At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits. During the period of parental leave, the employee retains his place of work (position). Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty (except for cases of early assignment of an old-age pension).

In order for a grandmother to take leave on the basis of Article 256 of the Labor Code of the Russian Federation to care for her grandson until he reaches three years old, the following conditions are needed: 1.

The grandmother must work; only those who work can be granted parental leave until they reach three years of age in accordance with Article 256 of the Labor Code.

Child care: can a grandmother go on maternity leave?

Grandma's official device. In this case, an allowance is issued for caring for a child up to one and a half years old, which is paid by social protection. The payment amount is 40% of monthly earnings (average coefficient).

In other words, the grandmother must work officially according to her work book. Therefore, it is important that the data in the pension fund be verified that she receives maternity payments for the baby. They can be transferred through the social security service. These points are important to know for anyone who is on maternity leave for up to 1.5 years.

How to go on maternity leave for a grandmother instead of a mother

Even if the grandmother is retired, it must still be registered as an officially working person. Since she will only be able to receive money in connection with the upbringing and care of the baby from her employer.

• • In cases where parents are disabled and become very ill, as a result they are unable to support their children.
  • If mom and dad are considered missing.
  • If the parents are in prison.
  • In the case where mom and dad were deprived of parental rights to their children.
  • In case of official abandonment of their children by parents.

Can a grandmother go on maternity leave?

The right to parental leave, which can last until the child reaches the age of three years, arises from the day following the end of maternity leave, which is usually granted to the child’s mother.

However, if postnatal leave is not taken by the mother, parental leave may be granted at any time immediately after the birth of the child.

A similar situation arises, as a rule, if the actual care of the child is provided not by the mother, but by the father or another person.

Although for the provision of this leave the degree of relationship of the child with the person caring for him does not matter, the presence of any kindred or related relationships (we are talking about family members who are not related by blood to the child, for example, a stepmother or the stepfather of his parents) within the meaning of Part 2 of Art. 256 TC is still required.

Is it possible to get maternity leave for a grandmother?

• • • For up to 1.5 years, a grandmother can receive up to 40% of her salary monthly. The average salary for the past two years is calculated.
    • The minimum benefit amount from February 2020 for 1 child is 2908 rubles, for the second – 5917 rubles. The maximum amount is 13,833 rubles.
    • From 1.5 to 3 years, the payment, as a rule, does not exceed 150 rubles.
    • The mother can also receive child benefit if she is a full-time student.

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Of course, to apply for any benefit you will need a rather large package of documents. In order for a grandmother to legally care for her grandson or granddaughter and receive benefits for this, the following documents must be provided:

Can a grandmother take maternity leave?

According to Article 11.2 of Federal Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity,” a monthly child care benefit is paid in the amount of 40% of the average earnings of the insured person.

Good afternoon Tell me what to do. Can my mother-in-law, a citizen of the Russian Federation (working), not retire, take maternity leave?

What certificates should he provide? And where should he get them? I really hope for your answer. Thank you.

Can a grandmother go on maternity leave?

Only the pregnant employee herself can take advantage of this type of leave. Grandmother, husband or any other relatives cannot do this. The vacation lasts exactly 140 days. If any complications arise during the birth process, it may be extended. Those employees who gave birth to two or more babies at the same time are also entitled to rest a little longer.

A woman can take advantage of maternity leave when her pregnancy exceeds 30 obstetric weeks. In order to go on paid leave, she must take a sick leave from the antenatal clinic, write a statement in the established form and submit these documents to the personnel department.

How to apply for maternity leave for your grandmother

The relative or guardian must submit the completed package of documents to their place of work.

The employer does not have the right to refuse the application, since this is a direct violation of labor legislation, entailing administrative liability (Part 3 of Article 268 of the Labor Code of the Russian Federation).

In case of refusal, the employee can file a complaint with the labor inspectorate or court. Also, the employer does not have the right to fire an employee who has applied for parental leave.

Source: https://gdp-law.ru/test_category/mozhet-li-poluchit-dekretnye-babushka-esli-mat-ne-rabotaet

About maternity leave for a grandmother: can she go instead of her mother, how to apply

Many are accustomed to the fact that maternity leave is for mothers (in rare cases, fathers). Often young couples think about the question of whether it is possible to arrange maternity leave for their grandmother. The Labor Code provides for such a possibility.

Can a grandmother go on maternity leave?

Sometimes a young mother has a desire or need to immediately return to the enterprise; other family members (father, grandparents or guardians) can replace her. Articles 255–257 of the Labor Code of the Russian Federation clearly state that these people have the right to apply for maternity leave, while companies are prohibited from refusing or dismissing them.

Maternity leave for grandmother

How to apply for maternity leave

If the grandmother decided to go on maternity leave instead of her mother and is currently still working, then she does not have to quit.

This must be formalized by order, and it is necessary to document the fact that the mother is working, as well as the fact that she has not received any benefits for the baby from the company.

Also, she can return from such a vacation whenever she wants (before the end of the prescribed period), the management is obliged to accept her. If the decision is made to quit, she will not be able to receive help from the employer.

The birth of a new family member is happiness

Additional Information! Few people know that you can take part-time or remote work without losing payments.

How to apply for maternity leave for your grandmother

Maternity leave for men

When registering, two conditions must be met: the baby’s mother must be a student and study full-time at an institute or work, and second: the relative must be registered at work.

There is no need to leave work

Papers for obtaining official benefits, which are required by law for caring for grandchildren:

• • • child's birth certificate;
    • passport;
    • work book;
    • a document confirming that parents do not have the same leave;
    • income certificate;
    • confirmation of relationship;
    • certificate of absence of social services payments to parents;
    • written statement from the employee.

Benefit amount

How long is maternity leave?

The amount of the benefit paid is equal to forty percent of the average monthly salary for the previous two years. If an employee works for more than one company, then the application should be written at each, and money can only be received at one.

If the grandmother is a pensioner

Those receiving a pension will not be able to receive this type of payment. This procedure changes in cases where:

• • • parents are deprived of parental rights;
    • parents are missing;
    • father and mother do not have the opportunity to raise a child (disabled);
    • parents have no desire to take care of the child.

Upon adoption

It is no longer a novelty that some couples take children from an orphanage. In this case, it is also legal to issue a maternity leave; the only difference from the standard procedure for registration will be the need for a certificate from the guardianship council.

Re-registration of maternity leave

Until the child is three years old, care leave can be reissued several times for different loved ones.

There are often situations when a person, for some reason, needs to return to work, then a new maternity leave is transferred to the mother-in-law or another relative. This procedure goes quite quickly.

The mother only needs to issue a certificate stating that payments from her place of work are no longer being received for her son or daughter, and only after that the grandmother can submit an application to her superiors for re-registration of maternity leave.

Nothing can replace the love of family!

If more than one child was born in a family and has not reached the age of 3, then different family members are allowed to leave work and care for each of them. That is, if two children were born at once, then there may be several benefits, and they may be issued to different people.

The main thing is that no matter who cares for the little one, it is very important that the child receives full care, love and care.

Source: https://shtrafsud.ru/dokumenty/dekretnyj-otpusk-dla-babuski.html