Paternity leave at the birth of a child

Whether representatives of the stronger sex can count on paternity leave at the birth of a child remains a question for many. Will this leave be paid? How many days can I take and how do I arrange it all? Read the answer to these and other questions in this article.

Yes, vacation is due! It may be paid or unpaid. Let's start with the first option.

Paternity leave at the birth of a child

Unpaid paternity leave at the birth of a child

What kind of leave the father should take in 2020 upon the birth of a child (paid or unpaid) is decided by the man himself.

If it’s paid, you need to take out that same leave, which we call “annual paid leave.” In the situation of the birth of a child, the employer is obliged to provide it even if the turn and the vacation period have not yet arrived.

Read more about this in the next (below) section. Now let’s consider the option of unpaid vacation.

According to the Labor Code of the Russian Federation, a man can go on vacation at his own expense after submitting a corresponding application to the employer. It must be accompanied by a copy of the child’s birth certificate. If it has not yet been issued, a birth certificate taken at the maternity hospital is provided.

It is worth submitting documents in advance: at least a day in advance. To avoid your boss evading the vacation registration procedure, it is recommended that you make a copy of the application, which will remain with you. It must be marked with a mark indicating acceptance of this application by the employer.

According to the law, a labor respite for up to 5 days is provided in the following cases:

• Marriages;
• Birth of children;
• Death of one of your close relatives.

There should be no doubt about whether the father is entitled to leave at the birth of a child. An employer has no right to refuse to provide 5 days of leave to a man.

Certificate of non-receipt of a one-time benefit

• According to Article 22 of the Labor Code of the Russian Federation, he must strictly follow the laws, legal and regulatory acts adopted within the company, and also provide the father with maternity leave at the employee’s first request (of course, with supporting documents).
• A man who is denied this right can appeal to the labor dispute commission or sue.
• In addition, we also note that

• It is unlawful to call an employee to work in the middle of a vacation period;
• Employees on a probationary period also have the right to a work break upon the birth of a child.

Important nuances

Many men are concerned about maintaining their seniority within a specified period of time. Since the employee is on the payroll during the vacation period, there will be no negative consequences - the length of service is officially counted. But there are also limits.

Please note that leave is recorded in the work time sheet indicating that it was granted in connection with the birth of a child.

After submitting the application, the employee is given an order to sign (to familiarize himself with the fact that leave has been granted and for which days). The deadlines and reasons are recorded in the employee’s personal card.

Unpaid leave on the occasion of the birth of a child has a significant disadvantage - it is a short period and lack of payment. But there is a lot to be done.

In this situation, for example, when choosing gifts for your wife and child, specialized online stores with goods for women and children, including newborns, can be very useful (in terms of saving time).

In conditions of lack of financial resources, you can use a loan, but this must be done carefully. First of all, you should pay attention only to interest-free loans, so as not to pay interest for at least 2-4 months.

The leader in this area now, of course, is the Halva card, but there are other worthy offers.

Well, if the father needs to spend more time (than 5 days) outside of work and receive money from the employer, then it is more advisable to choose another vacation option. More on this below.

Payments upon birth of a child in 2020

How to take annual paid paternity leave for the birth of a child

In connection with the arrival of a new family member, the employee has every legal basis to take annual paid leave. Moreover, this right is reserved for the employee even if he has worked for this employer for less than 6 months.

– Please note – not on maternity leave, but on maternity leave. This period is approximately 70 days after birth.

– The child’s mother must be the man’s legal wife, that is, the marriage must be registered.

In fact, we are talking about postponing the planned vacation period to more convenient dates. This is provided for in Article 123 of the Labor Code of the Russian Federation.

The list of papers when resolving the issue is almost the same as in the previous scenario. It includes: an application, a “paper” confirming the fact of the birth of a child, a marriage certificate.

As a rule, by the time the “work holiday” begins, the birth certificate is already in the hands of the parents. The boss prepares a corresponding order, which specifies the start and end dates of the vacation.

How many days can such a vacation last? The HR department will give you the exact answer to this question. Most likely, the duration will depend in proportion to how many days you have worked since your employment or the end of your last vacation.

Conclusion

When submitting an application for paid leave or leave at his own expense, a citizen must be sure that this right is actually assigned to him. By referring to the relevant articles of the Labor Code of the Russian Federation, you can defend your right to benefits in connection with paternity.

The boss is obliged to act in accordance with current legislation. Otherwise, he may be subject to a lawsuit or a complaint to the labor inspectorate.

Source: https://vse-lgoti.ru/otpusk-otcu-pri-rozhdenii-rebenka

Paternity leave at the birth of a child | Legal consultation online

The father of a newly born baby has the same work privileges as the mother of the baby, including the opportunity to receive additional days off. Legislative acts provide for two types of possible vacation periods:

• paternity leave at the birth of a child, not subject to payment;
• leave to care for a child until he turns three years old, during which the corresponding cash benefit is due to be accrued.

The provision of the first type of rest is regulated by Article 128 of the Labor Code of the Russian Federation, according to which the employer is obliged to provide the subordinate with several unscheduled days off. To obtain them, you will need to submit an appropriate application addressed to the employer, indicating the basis for their receipt, as well as a link to the legislative act regulating this right.

The second vacation period is provided to employees under Article 256 of the Labor Code of the Russian Federation.

The right to receive parental leave can be used not only by the father or mother, but also by any close relative (for example, a grandparent), provided that the parents urgently need to go to work to perform their job duties.

If this decision is made by the child’s father, then he should draw up an application and also provide the employer with a certificate from his wife’s place of work confirming the fact that she did not take out this type of leave.

Maternity leave in 2020: new law, child benefits

Features of granting short-term leave to the father at the birth of a child

The provisions of labor legislation establish several situations, the occurrence of which obliges employers to provide unscheduled days off to their subordinates. These include:

1. The birth of your own baby;
2. Marriage;
3. Serious illness or premature death of a close relative.

Accordingly, when answering the question of many male employees: are they entitled to days off when a son/daughter is born, we can confidently give a positive answer. When planning to take out a short-term vacation period at your own expense, first of all, you should familiarize yourself with the features of its provision:

• The process of submitting an application to an employer does not have strict time limits, which means that the document can be provided to the boss even a day before the person goes on vacation;
• Days off should be provided to the young father, regardless of the wishes of the boss, staff shortages or workload;
• The right to receive this type of leave period is granted immediately after the birth of a child; it is impossible to preserve it for use in the future;
• If the moment the baby was born coincided with the father’s business trip, then you can take out the required time off after returning;
• The employer does not have the right to recall an employee from this type of leave;
• Providing additional days of rest at the birth of a baby is carried out regardless of the length of service of the employee in this organization.

IMPORTANT! To receive additional leave in connection with the birth of a son/daughter, the employee does not have to present evidence of this event to the boss. However, if the employer requires the provision of a certificate from the maternity hospital or a birth certificate of the baby, you should not spoil the official relationship and refuse the official.

The birth of a child is a compelling argument for giving an employee several days off in order to help his wife in the first days of the baby’s life. Due to the fact that the duration of this additional

vacation does not exceed 14 days, it is short-term in nature.

As a rule, employers are required to provide subordinates with no more than 5 days off, however, some circumstances may become the basis for reducing or increasing this period:

1. Three days are provided to persons whose part of their vacation coincides with weekends (Saturday/Sunday);
2. Suspension of an employee from fulfilling official obligations for a period not exceeding 14 days is permitted upon mutual agreement with the supervisor. As a rule, the employee must provide valid reasons for such a long absence. This period is the maximum possible period that will be included in the person’s insurance record;
3. Add. Leave for the birth of a child of more than two weeks is granted only if such a rule is prescribed by the provisions of the collective agreement. It is worth considering that the number of days exceeding this period will not be included in the calculation of the employee’s insurance period.

Is parental leave included in the length of service?

Features of granting leave to a military father

Additional leave in connection with the birth of a baby is also provided to persons liable for military service who serve under a contract. A serviceman can apply for days off only with the permission of the commander of his military unit. The duration of this type of vacation for this category of employees is increased compared to the vacation of civilians and amounts to 10 days. To notify the unit commander of the need to take several unscheduled days off due to the addition of a family, the serviceman must submit a report and provide the commander with a document proving the birth of the child. The basis for leaving for additional The vacation can be a certificate from the maternity hospital or a baby’s birth certificate.

The report is drawn up in the name of the commander of the military unit in which the citizen serves. Depending on the serviceman’s place of service and the position he occupies, this document can take different forms; it is advisable to clarify its type or take a sample report directly from the personnel department at the place of service. The following information must be reflected in the document:

• Personal data of the military personnel;
• Personal data of the commander of the military unit indicating his position;
• Title of the document;
• The circumstance on the basis of which a citizen requests the provision of additional information. vacations;
• Date the report was issued;
• Personal signature of the applicant.

Read also: Plot of land for many children: how to get money instead of a plot of land

Procedure for applying for short-term leave

In order to legally leave your workplace and go to the appropriate additional place. leave, the employee should adhere to the procedure established by the legislator. The main stages of registration of days off in connection with the birth of a baby are:

1. Agree in advance with the employer on the number of days off that he can provide upon the birth of a child;
2. Complete and submit applications addressed to the head of the organization, indicating the specific period of leave;
3. Attach relevant documents to the application as evidence of the birth of a son/daughter. It is allowed to present documentation after leaving the additional. vacation, since issuing a birth certificate requires a certain period of time;
4. Wait for a positive decision from the head of the organization and his signature on the document;
5. Familiarize yourself with the Order on the provision of additional days off, on which you should put your own signature;
6. On the appointed day, go on your due vacation.

The algorithm of actions that a citizen can use if the employer refuses to provide extraordinary leave at the birth of a baby is discussed below in the article.

Procedure for applying for long-term parental leave

Some fathers, after the birth of their son/daughter, decide to go on parental leave.

This right is granted by the provisions of labor legislation, however, on the condition that the mother of the baby does not take a similar leave, but recovers from the birth at work.

To receive this type of vacation, a young father must follow the procedure for registering it:

1. Submit a corresponding application to the employer. The document should indicate the desire to be removed from performing labor functions until the child is 1.5 or 3 years old;
2. Attach to the application a certificate from the spouse’s place of work confirming the fact that she did not take out a similar leave for herself;
3. Provide the child's birth certificate.

Based on the above documents, the employer issues an internal Order to send the employee on leave to care for his son/daughter.

Due to the fact that during maternity leave a person must be provided with appropriate payments, the organization’s accountant makes calculations to establish average monthly accruals.

Payment of financial assistance is made to the employee’s account no later than the 26th day of each month.

IMPORTANT! During the period of this type of leave, the person retains his workplace, position and workload. An employer does not have the right to unilaterally terminate an employment contract with a subordinate, except in cases where the organization is being liquidated.

An employee who wishes to receive additional leave in connection with the birth of a baby cannot claim to receive payment for this period, since the provisions of legislative acts do not impose this obligation on the employer. The manager has the right to independently fix in the collective agreement the possibility of providing a person with a certain amount of money as a bonus in the event of a new addition to the family.

If an employee needs to receive vacation pay for weekends in the amount of average daily income, he should agree with the employer to take the main vacation provided to employees annually.

The birth of a child is a compelling argument for requesting this vacation period outside the schedule approved by the organization.

This right is regulated by Article 123 of the labor law, which states that an employee-father can receive part of the main annual rest while his wife is on maternity leave. In this case, the duration of a person’s work in the company will not play a significant role.

Application for parental leave to care for a child up to 3 years old

What to do if the employer does not provide leave to an employee who has a child?

Some employers, due to the heavy production load on existing personnel or due to the lack of the required number of personnel in the organization, refuse to grant subordinates leave for the birth of a son/daughter, which is an unlawful act on their part. The employee, in turn, has the right to do the following:

• Draw up a statement addressed to the head of the company indicating the reason for leaving the additional position. vacation. At the same time, the document should indicate a reference to Article 128 of the Labor Code of the Russian Federation , which provides workers with the right to receive extraordinary days off;
• Send the application to the organization’s personnel department and ask the receiving specialists to officially register it. In order to have evidence of the provision of the document to the employer, it is recommended to draw it up in two copies, one of which, with a mark of acceptance, should be taken for yourself;
• Within three days after submitting the application, an Order is issued to send the employee to additional. vacation. The administrative document must be provided to the employee for review against signature. If a citizen does not receive the Order on the last working days, he has the right to voluntarily go on vacation without notifying his employer;
• You must return to your workplace strictly within the time period specified in the application. If the employer, due to the employee’s unauthorized absence from the place of work, applied certain penalties to him, the person must file a claim against the official with the Labor State. inspection or send a statement of claim to the court (in case of dismissal of an employee for “absenteeism”) to restore your own labor rights.

 

Is the father entitled to leave at the birth of a child?

Current legislation gives the mother and father of a child equal rights to raise him. In this regard, either parent can take leave to care for a newborn. Another thing is that we can talk about two different vacations - short-term leave or long-term maternity leave.

From this article you will learn how to take short-term leave for the father at the birth of a child, how it is formalized, how to act if the employer refuses to provide it, how to go on long-term leave for the father of the child, what payments will be provided by the employer, how the father’s decree will affect the calculation of his labor length of service

Short-term leave for the father at the birth of a child (time off)

Important! You can take time off for the birth of a child the next day after writing an application for a short-term leave, since it is not possible to predict the date of birth of the baby and submit the document in advance.

Current labor legislation allows each employee who has become a father to write a letter of resignation for up to 5 calendar days. A similar opportunity also arises upon marriage and upon the death of a family member - this is stated in the text of Article 128 of the Labor Code of the Russian Federation. In this case, the employer provides time off under the following conditions:

• vacation is issued without pay (at your own expense);
• rest days are not automatically provided; the employer allows you to go on vacation after the employee writes a statement;
• The employer has no right to refuse to take time off, even if the subordinate is needed at work on those days;
• the possibility of receiving 5 days of rest does not depend on the length of work experience and the time of the last annual leave (even if a subordinate was hired at the enterprise quite recently or has just returned from paid leave, he has the right to time off);
• in the event that the child’s father has not written an application for time off, he will not be able to apply for additional days off in the future - short-term leave can only be taken out immediately after the birth of the child;
• an employee who has become a father can provide the employer with documents confirming the fact of the birth of a child after the newborn is discharged from the maternity hospital (the manager’s requirement to provide him with documents immediately when writing an application is illegal);
• the manager does not have the right to call an employee who is on leave due to the birth of a child to work;
• An employee whose child was born while he was on a business trip has the right to take time off on the day the application is written.

article ⇒ “Early exit from maternity leave: registration, sample.”

How to apply for short-term leave for the father at the birth of a child

Despite the fact that time off on the occasion of the birth of a child lasts only 5 days, it must be properly arranged. The action plan of the company's employees and management is as follows:

1. The employee submits an application for short-term leave (if the documents for the child are already ready, he also attaches the child’s birth certificate).
2. The employer issues an order regarding leave.
3. The employee reads the order and signs it.
4. The order is sent to the HR department. The HR employee enters information about time off into the employee’s personal card, indicates the grounds for granting leave, and marks days of rest with the code “17” or “OZ” in the time sheet.

Long-term leave for the father at the birth of a child

Important! The beginning of paternity leave to care for a child is the day after the wife returns from maternity leave. The duration of the leave is 3 years, but it can be extended if the child is in poor health (a doctor’s report will be required).

The only difference between maternity leave for the father of a child and maternity leave for the baby’s mother is the opportunity to arrange rest days only after the birth of the newborn. That is, it is the woman who is required to take maternity leave, but her husband can also care for the child.

To apply for parental leave for a man, you need to collect a set of documents, including:

Document Comment Application for parental leave There is no unified form, so the application is drawn up in any form addressed to the manager. Birth certificate of the child Provided after the child is discharged and goes to the registry office Certificate from the personnel department at the place of work of the child’s mother Evidence that the woman did not apply for maternity leave for herself.

For the entire period of vacation, the law obliges the employer to maintain the employee’s workplace, position, and salary (if during the absence the salary of subordinates increased, it should also increase for this employee).

article ⇒ “General concept of maternity leave and its timing.”

Is leave for the father taken into account when calculating length of service at the birth of a child?

Important! During parental leave to care for a child under 1.5 years old, a man receives a benefit, the amount of which depends on the salary and is 40% of the average monthly salary for the 2 years preceding maternity leave (the calculation base should not exceed the maximum base for insurance premiums for the corresponding 2 years) .

According to the provisions of Article 256 of the Labor Code of the Russian Federation, the period of parental leave is counted in the parent’s work experience - general, continuous and professional. During the entire 3 years while the child’s father is on vacation, the employer does not have the right to fire him.

article ⇒ “Part-time work while on maternity leave: registration, 2020.”

Expert opinion on what to do if the employer refuses to provide leave for the father at the birth of a child

Experts from the State Labor Inspectorate, as well as prosecutors, refer to the text of Art. 128 of the Labor Code of the Russian Federation, warning employees of enterprises that management under no circumstances has the right to refuse short-term leave to the father of a child, no matter what the circumstances:

• it is not possible to provide time off;
• none of the employees can replace an absent subordinate;
• the employer himself is on vacation at the time of the birth of the employee’s child;
• the employee was sent on a business trip;
• The team is unable to fulfill the work plan set for the month.

So that, in the event of an employer’s refusal to grant time off, the employee has the opportunity to prove his case to the labor inspectorate or the prosecutor’s office, it is necessary to take care in advance to obtain supporting documents. This will be the application for leave. You need to make 2 copies - give one to the employer, put a mark of acceptance on the second and keep it.

Read also: Single mother's benefit in 2020-2021

article ⇒ “Dismissal after maternity leave: sample application, calculation of compensation, Labor Code of the Russian Federation, 2020.”

Common mistakes

• Error: An employer refuses to grant an employee short-term leave for the birth of a child on the grounds that the subordinate has recently returned from annual leave with pay.
• Comment: All employees have the right to receive time off for the birth of a child, regardless of the last time they were on paid leave.
• Error: The manager does not allow an employee who has had a child a 5-day vacation on the grounds that he was employed only last month.
• Comment: Even if an employee signed an employment contract and started work only yesterday, he has the right to 5 days of leave on the occasion of the birth of a child.

Answers to common questions

Question No. 1: Can I claim vacation pay for paternity leave at the birth of a child?

Answer: No, this short-term leave is not paid. However, if the enterprise’s collective agreement contains a clause on incentives for an employee who has become a father, the payment is mandatory for the employer. That is, paying vacation pay in this case is the right, but not the obligation of the employer.

Question No. 2: Can both parents go on maternity leave at once? Can a father go on maternity leave if the child's mother is unemployed?

Answer: No, maternity leave can be issued either to the child’s mother or to the father. If a woman is unemployed, it is automatically considered that she has the ability to care for a child, which means that the father cannot be granted leave.

Is a father entitled to leave at the birth of a child?

The birth of a child is an important event in the life of every person. But some employers whose employee has become a father have a question: is leave granted to the father at the birth of a child in 2016?

What kind of leave is entitled to an employee-father upon the birth of a child?

The employer is obliged to provide the employee who has a child with unpaid leave (leave at his own expense) for up to 5 calendar days (Article 128 of the Labor Code of the Russian Federation).

Such leave is granted on the basis of a corresponding application from the employee. The document confirming the right to this leave is a copy of the child’s birth certificate, which must be attached to the application.

Annual basic paid leave at the birth of a child

An employee who becomes a father has the right to take annual paid leave outside the vacation schedule. At the request of this employee, annual leave is granted to him while his wife is on maternity leave.

Moreover, in this situation, it does not matter how long the employee-father worked continuously for a particular employer and whether he “earned” the right to annual basic paid leave - the employee can still go on leave (Article 123 of the Labor Code of the Russian Federation).

And if an employee who has become a father plans to go on vacation outside of the schedule, he must write an application for leave, attaching a copy of the child’s birth certificate.

An employee who is a father can take parental leave

As a rule, parental leave until the child reaches three years of age is granted to the mother, but the father-employee can also take such leave in full or in parts (Article 256 of the Labor Code of the Russian Federation).

True, provided that neither the child’s mother nor other relatives were granted child care leave during the father’s leave period. Those.

Several relatives cannot be on parental leave at the same time.

To go on parental leave, an employee-father must write an application addressed to the employer and also provide a copy of the child’s birth certificate.

Reflection of leave at the birth of a child in the time sheet

In the working time sheet (form No. T-12 or form No. T-13, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), the reflection of the employee-father’s leave depends on the situation:

Situation Code in the timesheet The father-employee takes leave at his own expense Letter code “OZ” or numeric code “17” The father-employee takes annual basic paid leave at a time convenient for him Letter code “OT” or numeric code “09” An employee-father takes parental leave Letter code “OZH” or numeric code “15”

Forum for accountants: Ask a question and get an expert answer

Source: https://glavkniga.ru/situations/k501419

How to get paternity leave to care for a child

Recently, it is increasingly possible to encounter a situation where a father goes on parental leave. This happens for various reasons, but in most cases, material gain plays a decisive role.

Often a woman earns a higher salary than her husband and will be better able to provide for her family. There are other reasons why a man goes on maternity leave. Let's look at how and why this happens in this article.

What is maternity leave and when does it start?

Every woman who is preparing for the birth of a baby goes on maternity leave. This right is granted at the legislative level and is enshrined in Article 255 of the Labor Code of the Russian Federation.

Maternity leave is a period when the expectant mother is preparing for childbirth or caring for an already born baby.

This vacation is divided into two parts:

1. Time spent on sick leave due to pregnancy and childbirth. Its duration depends on how the birth took place and how many children were born. In general, a woman is on sick leave for 140 days - 70 before giving birth and 70 after. During this period, the employee is paid sick leave benefits.
2. Care leave up to 1.5 or 3 years. After the sick leave is closed, the employee must write an application for such leave. Currently, up to 1.5 years, a child benefit is paid, calculated as 40% of earnings, and from 1.5 to 3 years, a woman remains without support from the state, while the employer pays 50 rubles monthly.

IMPORTANT! Since 2020, the payment of 50 rubles has been canceled by Presidential Decree of November 25, 2020. The new rule will apply to those who have received payments starting in 2020. Everyone else will continue to receive 50 rubles until the child’s third birthday.

It should be taken into account that benefits for up to three years, in accordance with the Decree, will now amount to the regional minimum wage and will only be received by those whose income does not exceed two levels of the regional minimum wage.

Both the child's mother and his father can go on parental leave.

The nuances of granting maternity leave to the father of a child

Parents are the most important people in every child's life. Chapter 12 of the Family Code is devoted to the rights and responsibilities of parents in relation to children. In accordance with Article 61 of the RF IC, father and mother have equal rights and responsibilities, and, therefore, both parents can go on maternity leave.

An important nuance is that the father can go on care leave no earlier than the woman’s maternity sick leave ends.

Leave is granted to the father unconditionally, without explaining the reasons why the father decided to care for the child.

In addition, parental leave can be granted to both mother and father at the same time if two or more children were born. Moreover, both parents will receive all required payments.

There may be several reasons why it is the father who goes on maternity leave:

• If the woman’s income exceeds the income of the child’s father, or the mother did not have official employment before giving birth
• Difficult psychological state of the mother, depression, as a result of which she cannot take care of the baby herself for some time
• Illness or poor condition of the mother that prevents her from caring for the child

The child's father may take a short period of parental leave, for example a few months, and then return to work. This may be due to both the need and the desire to take a break from work responsibilities.

Matveeva N.A.,

Lawyer-consultant

In most cases, the father is granted maternity leave without any problems, regardless of the reason.

Documents required to apply for leave for an employee

Not many documents are required to apply for carer's leave. They can be divided into three groups:

Documents from the father Documents from the mother Other documents First of all, it is necessary to write applications for leave of up to 1.5 or 3 years and payment of the corresponding benefits.
In addition, to confirm the right to receive benefits, you must provide a certificate from your place of work stating that no payments were made. A copy of a document confirming that the child’s mother is currently working.
A certificate stating that the benefit was not assigned or paid. A copy of the birth certificate of the child and previous children (if any)

Procedure for taking parental leave for the father of a child

The algorithm for the father of a child to go on leave is not complicated. First, you need to write a statement to your employer indicating the need for leave. The above documents are attached to the application.

Based on the employee’s application, the manager issues an order to grant care leave. The employee is introduced to the order and the accounting department makes the necessary accruals .

It must be borne in mind that a man can go on vacation the next day after the child’s mother closes her sick leave; the father cannot be granted leave earlier.

There is only one exception - if a woman is not employed, then the father can go on maternity leave immediately after the birth of the baby, but the likelihood of such a situation is reduced to almost zero.

In any case, a woman needs to recover after childbirth, and it is important for the mother to spend the first months after birth with the child.

What payments are due to a father on maternity leave?

Since a man in this situation has the same rights as a woman, if he has official employment, he is entitled to benefits for children under 1.5 and 3 years of age.

The child’s father can work both at his main place and part-time. At the same time, he has the right to independently choose the employer from whom he would like to receive child benefits. .

If a man is on vacation for up to 3 years, then he is entitled to a monthly payment from the employer in the amount of 50 rubles. Those who take leave for up to 3 years from 2020 will be able to receive benefits in the amount of the regional subsistence minimum if their income meets the established limit.

• A benefit for up to 1.5 years is a payment that is guaranteed to all recipients. The benefit amount is 40% of the applicant’s income and is calculated using the formula:
• * 30,4 * 40%
• Here is an example of calculating benefits in 2020.

Formula Initial data Calculation * 30.4 * 40% An employee receives 20,000 rubles monthly. There are no periods that are excluded from the calculation. Benefit up to 1.5 years is paid for the first child 20,000*24/730*30.4*40%=7995.56 rubles

In order not to infringe on the rights of recipients, an upper and lower limit for the benefit has been established.

The minimum benefit is determined in accordance with Article 15 of Law No. 81-FZ of May 19, 1995 and in 2020 is:

1. – for the first child 4512 rubles
2. – for the second child and subsequent children 6554.89 rubles
3. The maximum benefit amount is 26,152.27 rubles.
4. Article 12 of Law No. 255 establishes that benefits can be applied for no later than six months after the child reaches 1.5 years of age.

Read also: Passport for a 14-year-old child: how to get it through government services and through the MFC

How to apply for parental leave if the father does not have an official job or is an entrepreneur

Not only officially employed employees, but also the unemployed and individual entrepreneurs can go on parental leave.

Unemployed fathers are entitled to a minimum benefit. To do this, you need to contact social security with a set of documents. They include:

• - application for payment
• – birth certificates of children. Copies must be provided
• – a copy of the work book. It must be properly certified

– applicant’s passport. You will need a copy to submit documents. The original must be shown to a social security specialist

1. – a certificate from the mother’s place of work, which confirms that she did not go on maternity leave and did not receive benefits
2. – a certificate from the father from the labor exchange, which will confirm that the citizen does not receive benefits as an unemployed person
3. – if the child’s father is studying full-time, then it is necessary to provide a certificate of this from the place of study
4. There are two options for the development of events for entrepreneurs.

If a businessman goes on maternity leave and does not conduct his business, then it is necessary to apply for the assignment of benefits to the social security authority. If an entrepreneur intends to combine maternity leave and his activities, then he should apply for benefits to the local branch of the Social Insurance Fund.

When making a payment, you must submit an application to the relevant authority and attach a package of documents to it.

You will need to write an application for payment, provide birth certificates for all children, the applicant’s passport, a certificate from the child’s mother stating that she did not go on maternity leave and did not receive benefits, and a certificate of registration with the tax service.

If documents are submitted to social security, a certificate from the Social Insurance Fund will be required. If an entrepreneur plans to combine maternity leave and work, it will be necessary to transfer the required insurance contributions.

The benefit due will be minimal.

Maternity leave and length of service

Increasingly, fathers in Russia are going on maternity leave. Currently, this is not as rare a phenomenon as it might seem. Often, even on maternity leave, a man has the opportunity to work at home or earn extra money.

Whatever the situation, the time the father is on maternity leave is included in the insurance, general, length of service and length of service in a particular profession. In this regard, the employee does not lose anything, but only if he is on vacation for up to 1.5 years. Vacation from 1.5 to 3 years is not included in the length of service.

Questions and errors on the topic

Question

Are there any restrictions on military or police officers going on maternity leave?

In labor law norms there is not a single restriction on going on maternity leave related to a particular profession. However, the issue of obtaining maternity leave for military personnel is regulated by Presidential Decree No. 1237.

Article 32 establishes that a man has the right to go on maternity leave if his wife has died, or he alone is raising children under 14 years of age or disabled people under 16 years of age.

According to Article 56 of Law No. 342-FZ, a police officer goes on maternity leave only in the event of the death or illness of the mother, as well as if the woman, for good reason, cannot raise herself.

Error 1

The man works two jobs. If the need arises to go on maternity leave, the employee chose the place to receive benefits - part-time work. However, he was denied payment.

The employer offered to provide benefits at the main place of work.

This is a direct violation of the Labor Code, since an employee going on maternity leave independently determines where it is more convenient for him to receive benefits.

Error 2

The entrepreneur went on maternity leave, but did not warn the tax office about it. At the end of the year, he received a demand to pay insurance premiums. If an entrepreneur is on maternity leave and does not conduct business, then he may not transfer insurance premiums, but only if he notifies the tax authority about this.

The situation is becoming increasingly widespread when the father goes on maternity leave to care for a small child.

Everyone has their own reasons for this, however, it is worth noting that men in this case have the same rights as women.

Legislation allows you to care for a child, receive child benefits and at the same time maintain your job during vacation. Thus, employees on maternity leave the same benefits as women.

Source: https://garant-konsult.com/kak-poluchit-dekretnyj-otpusk-otcu-po-uxodu-za-rebenkom/

Paternity leave

A man and a woman have equal rights to raise a child, enshrined in law. The father, like the mother, can take leave to care for the baby. Vacation is conventionally divided into two types:

• long-term maternity leave
• and short-term (time off).

Each type has its own characteristics: calculation of compensation and registration.

Short-term leave (time off) for the child’s father

The father's right to short-term leave is enshrined in Article 128 of the Labor Code of the Russian Federation. According to the law, a person can take time off for up to 5 days in the following cases:

• marriage;
• birth of children;
• death of a relative.

Time off is granted subject to the following conditions:

• Vacation is not paid.
• Provided solely at the request of the employee.
• An employer cannot refuse an employee leave.
• Issued for any length of service, regardless of the last paid leave. For example, even if an employee has just gotten a job, he can take time off based on Article 128 of the Labor Code of the Russian Federation.
• If a man does not take advantage of the right to time off, it will be impossible to receive rest days in the future.
• The employer may require supporting documents from the employee. This is not entirely legal. The employee has the right to provide all documentation after the baby is discharged from the maternity hospital.
• If an employee is on a business trip during the birth of a baby, he has the right to go on vacation on the day the application is submitted.
• An employer cannot call an employee back to work from leave.

IMPORTANT! As a rule, an application for time off is submitted in advance. However, the case under consideration is an exception, since it is quite difficult to predict the exact date of birth of the baby. The application can be submitted one day before the leave date.

ATTENTION! Time off is not paid by the employer. However, the lack of compensation is a manager’s right, but not an obligation. An employer may well reward an employee by awarding him vacation pay. In this case, the right to paid time off for the father is secured in the collective agreement of the enterprise.

Registration of short-term vacation

The granted time off must be recorded in the time sheet. Days on which the employee was not present at the enterprise are marked with the following codes: “17” and “OZ”.

The employer also needs to issue a corresponding order. It is issued on the basis of an employee’s application. The employee must be familiarized with the order and signed.

Information about time off is entered into the employee’s personal card. In particular, you need to record the duration of the leave and the reason for its provision.

What to do if your employer denies you time off?

Article 128 of the Labor Code of the Russian Federation clearly states that the employer does not have the right to refuse an employee time off. If the employee has provided all supporting documents and drawn up an application, but the employer ignores the requests, it makes sense to take action. In particular, an employee can contact the labor inspectorate or the prosecutor's office.

Typically, an employer refuses time off on the following grounds:

• There is no possibility to provide rest days.
• No one can replace an employee.
• The manager is on vacation.
• The assigned work plan for the month was not completed.
• An employee is called on a business trip.

All these grounds for refusal are not legal. All possible difficulties are problems of the employer, not the employee.

ATTENTION! There are a number of nuances in the law that become of fundamental importance when trying to solve the problem through legal structures. In particular, the Code states that the employer must provide time off at the request of the employee.

That is, when contacting the labor inspectorate, the employee must prove that he submitted the appropriate application. Therefore, when submitting a document to the secretariat, you should make a copy with an acceptance mark.

If this is not done, the employer may claim that no application was received and therefore it is not breaking the law.

Long-term maternity leave

Leave is granted to the father on the basis of the following legal framework:

• Second paragraph of Article 256 of the Labor Code of the Russian Federation.
• Federal Law No. 81 of May 19, 1995.

Is maternity leave granted to a man different from the same leave granted to a woman? No, the decree is issued on a general basis. The only difference is that a man cannot take leave due to pregnancy. Maternity leave is provided only after the birth of the baby.

IMPORTANT! Only one parent can exercise the right to leave. If the father goes on maternity leave, the mother will have to continue working.

Registration of maternity leave

To apply for maternity leave, a man needs to prepare the following documents:

• Application (drawn up in free form, since there are no requirements for its execution in the law).
• A certificate from the mother’s place of work confirming that the woman is not going on maternity leave.
• Baby's birth certificate.

The employer must draw up an order. It contains all the information about the maternity leave. The start of the leave is the next date after the end of the maternity leave granted to the mother. The order also indicates the date of its completion.

ATTENTION! The standard duration of leave is 3 years. The maternity leave may be extended due to the health of the baby. To renew, the employee must provide the employer with all supporting medical documents.

Providing payments

During maternity leave, a man receives benefits. Its size is calculated depending on the average monthly salary of the employee. The benefit must be paid no later than the 26th. Payments are made on the following basis:

• The employer's decision to grant maternity leave.
• Decision of the Social Security Department.

IMPORTANT! You must also submit an application to receive benefits. It must be reviewed within ten days.

Is maternity leave taken into account when calculating length of service?

The specifics of taking maternity leave into account when calculating length of service are specified in Article 256 of the Labor Code of the Russian Federation. Vacation time is included in the following types of length of service:

• General.
• Continuous.
• Professional.

Throughout the maternity leave, the employer does not have the right to fire the man. The specialist must retain his position.

Possible difficulties in obtaining maternity leave

Employers are extremely reluctant to provide leave to both women and men. This is due to the fact that employee maternity leave is extremely unprofitable for the owners of the organization for the following reasons:

• The employer is obliged to retain the employee's position.
• Dismissal of an employee is not allowed.
• The head of the organization is obliged to pay all compensation throughout the maternity leave.

Despite all the losses, the employer is obliged to provide leave. If he does not do this, the man should contact the labor inspectorate or the prosecutor's office.

Should this issue be addressed through legal structures? In most cases, such cases are considered in favor of the employee. In addition, when filing a claim with a judicial authority, the employee will not have to pay a fee.

To solve the problem through the labor inspectorate or the prosecutor's office, you need to prepare all supporting documents.

The employee must confirm that he actually applied for leave and was refused by the employer.