On maternity leave for the father of a child: how to apply and what payments will be made

It is so customary in our country that, as a rule, a woman goes on leave to care for a newborn and receives a special allowance for this.

But it’s no longer a secret that a similar privilege of going on maternity leave is also available to men – fathers of newborn children. They will be discussed further.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Maternity payments for the child's father

The first two payments from the list are directly related to pregnancy. It is logical that only the mother of the child can receive these compensations. The father has no right to claim them.

As for points 3 and 4, maternity leave can be received by any of the baby’s parents, that is, the husband and father as well.

Payments during parental leave to care for a child under three years old are only 50 rubles per month, so few people use them. However, the father of the child can receive this compensation subject to the extension of parental leave.

Payment amount

So, dads can qualify for two types of financial assistance. How much money can you get?

The amount of compensation from the state for the birth of a child is 16,759.09 in the current year. It is paid only for living infants to either parent. In the event of the birth of several babies, the benefit is based on each of them.

Important! If both parents are employed, or vice versa, both are unemployed, they can independently decide which of them will receive the money.

If one of the parents works and the other does not, then compensation is assigned to the parent who is officially employed.

Step-by-step instructions for applying for benefits are here.

Such earnings are determined based on data for the two years preceding the vacation, but the total amount of payments should not exceed the average monthly earnings for the last 2 years .

The maximum possible payment this year for child care for dads going on parental leave is 24,536.57 rubles.

If dad's salary does not exceed the minimum wage, this indicator will be used to calculate the payment (that is, 40% of it will be considered). Thus, monthly financial assistance will be equal to 3795.6 rubles.

Please note that dad has the right to work part-time, in which case he retains the right to financial assistance. But it is prohibited to work and simultaneously receive the above payment .

Unemployed fathers are given child care benefits in the amount of 3,142 rubles for the birth of their first child, and 6,284 rubles for the second and subsequent children.

The size of benefits is also affected by the regional coefficient. Accordingly, if one is established in the region of residence of the father, this will be another addition to the maternity payment.

Can a husband and father receive maternity leave if his wife does not work?

Moreover, in addition to the legal husband of the child’s mother, the child’s biological father can also receive benefits, even if his mother and father did not legally start a family.

If necessary, parental leave and payments can be granted to close relatives of the child’s parents.

Important! A prerequisite for receiving maternity benefits for the father is the presence of his last name, first name and patronymic in the “father” column of the baby’s birth certificate.

As stated in paragraph 3 of Art. 12 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, when a man decides to go on maternity leave instead of his wife, he applies for benefits within six months from the birth of the child and before he turns 1.5 of the year.

If the spouse is entitled to leave due to pregnancy and childbirth, then child care benefits can be received only after its end. It is appointed within ten days after submitting documents.

To officially go on maternity leave and receive all the payments due, the baby’s father must collect the necessary documents:

• application for payment of benefits (Download sample);
• copy and original of the child’s birth certificate;
• a copy of the marriage document;
• a copy of the applicant's passport;
• a certificate confirming that the child’s mother is not officially on maternity leave and is not receiving benefits due to temporary disability. If the mother is unemployed, she takes a similar certificate from the social security authorities at her place of residence (download a sample);
• if parents do not work, you need to attach copies of work records with their last place of work.

• Next, you need to provide a package of documents to working dads at the human resources department at the place of employment, and to social security for non-working dads.
• Attention: when a husband contacts the personnel service, he must be given a copy of the order with the specific start and end dates of maternity leave, endorsed by the manager, with a seal.
• Funds are accrued and paid at the place of official employment of the man, or, if he does not work, are transferred to the provided bank details or by postal transfer.

• through the employer on the day of payroll;
• through social security authorities, usually in the second half of the month.

If no disagreements arise, the child’s father will receive the money without difficulty, otherwise he will have to contact the territorial center of the Social Insurance Fund to resolve the dispute that has arisen.

In 2018, the amount of maternity benefits for both mothers and fathers of newborns varies greatly. The level of his salary before going on maternity leave plays a big role for the recipient of payments, and government support in our country is not so significant.

On maternity leave for the father of a child: how to apply and what payments will be made

The mother usually spends the first months of life with the baby.
But there are situations when a man needs to take care of the baby. Amendments to labor legislation made in 2007 allow the father to take maternity leave to care for a child.
This may be required in various situations.

Grounds for maternity leave for men

To apply for parental leave for a father, there are various reasons for leave:

• If the mother was not
  employed before the birth of the baby.
• A woman is experiencing postpartum depression.
• The mother earns more than the man.
• Poor physical condition or illness of a woman.

If there are two or more newborns, then both parents take out maternity leave, and each of them will be able to receive all the required benefits.

If the baby is alone, then you need to decide who will receive the payments, mom or dad. Both parents cannot be on official maternity leave at the same time, caring for one child.

The legislation does not provide for an indication of the reasons why the decree is issued specifically to the father. The reason for the rest does not need to be disclosed to the employer.

Russian laws equalize the right of women and men to take maternity leave and receive all related monetary payments.

Sometimes maternity leave is confused with the time granted to a woman during pregnancy and childbirth. It is issued on the basis of a certificate of temporary incapacity for work, and the man will not be able to take it from him.

The father is only entitled to leave to care for the baby. It is taken only after the end of the sick leave issued to the woman.

The procedure for registering a maternity leave for the father

The first thing a father is interested in is how to arrange parental leave.

The Russian Law “On Leave” says that any close relatives of the baby can go on maternity leave.

Its duration is not limited. Therefore, first the mother and then the father can take leave for any period of up to 3 years.

In Art. 18 of the above law describes the procedure for registering a vacation.

To do this, you should write an application addressed to the employer, to which the following package of papers is attached:

• newborn metric;
• a copy of the working mother, in the absence of employment;
• a certificate from the woman’s place of service stating that she
  refuses payments;
• Marriage certificate.

If a woman cannot look after a child due to temporary disability, then the employer has the right to ask for a copy of the sick leave certificate.

In the absence of any of the specified documents,
the head of the institution does not have the right to refuse the man to issue a maternity leave.
The main document for providing it is a birth certificate.

Important! The paternity of the citizen applying for leave must be established in the metric.

Dad is on maternity leave.

Payments and benefits to father on maternity leave

An equally important point is the question of whether a working man is entitled to benefits. Fathers have equal rights with the mother of a newborn, so they receive the same payments during maternity leave.

To receive benefits, a man must prepare the following documents:

• statement;
• a copy of the minor's birth certificate;
• a document confirming the mother’s refusal to receive payment at the place of work;
• paper from the Employment Center if the woman does not have an official place of employment.

If a man plans to take incomplete maternity leave, but
part of it, then the start and end date must be indicated in the application.

The father is assigned a payment secured by legislative documents. Its size depends on the salary and age of the minor.

When caring for a child under 1.5 years old, a man will receive a benefit of up to 40% of his earnings.

On leave to care for a child under 3 years of age, the federal payment is 50 rubles. From 01/01/2020, child benefit from 1.5 to 3 years will be up to 15,000 rubles.

But at the regional level, benefits are provided depending on the place of residence of the family. Every year the amount of payments is indexed, and a minimum and maximum limit is established.

Registration of maternity leave for a man

Before you can arrange maternity leave for your father, you need to decide on its duration. It is not provided until the mother's maternity leave ends.

Labor legislation also specifies the maximum amount of maternity leave - before the child turns three years old.

Some parents are interested in how to apply for the opportunity to work part-time. This will allow the father to receive benefits and maintain his basic income.

This is possible if a man is given a working day that does not exceed 7 hours. To complete the application, you will need to write an application to your manager and submit all the necessary list of documents.

Leave of up to 1.5 years is granted from the moment the mother’s sick leave issued for pregnancy and childbirth ends.

The father can take it in parts and at any other time. After the child turns 18 months, he is given leave until the child is 3 years old.

In order to go on maternity leave, a man will need to write a statement indicating:

• personal data of the applicant;
• age of the minor;
• dates and total number of days;
• method of receiving cash payments;
• list of attached documents.

The application form may vary depending on
the specifics of the organization, so it is recommended to contact the
HR department to obtain the form.

Download the application for parental leave:

Application for leave to care for a child up to 1.5 years old. Download Application for leave to care for a child up to 3 years old. Download

Guarantees and compensation for men on maternity leave

Fathers planning to take maternity leave are faced with the question of whether the leave will be counted towards their length of service. The situation is not affected by whether the man continues to work part-time or is fully engaged with the baby; the specified time is included in the calculation of his work experience.

The father retains his position and salary. He can return to work at any time, including ahead of schedule, by notifying the employer in writing.

For many young families, the pressing question is whether the father can take parental leave if the child’s mother does not work.

The mother's employment or lack thereof does not deprive the father of the right to apply for maternity leave. In such a situation, he will need to provide the manager with a document confirming the woman’s refusal to make money transfers to Social Security.

Guarantees for employees in connection with child care are the same for both mothers and fathers. A man, if necessary, can receive maternity capital.

He retains his place of service and the right to receive cash payments calculated from his average earnings.

Their maximum size in 2019 is just over 26,000 rubles. If a man had a low salary, then the payment is calculated based on the minimum wage.

If there are several children in the family with a slight difference, then the parents can share responsibilities.

So, when twins are born, a woman takes maternity leave to care for the first child, and a man takes maternity leave for the second. In this case, the benefit will be accrued in full to both.

If the father is officially unemployed

If the child’s father is unemployed or has an individual entrepreneur, he has the right to apply for maternity leave, for which he must contact Social Security at his place of residence.

Civil servants will need to provide the following package of documents:

• certificate of family composition;
• baby's birth certificate;
• document confirming marriage;
• a certificate that the mother does not receive benefits from other structures or at her place of work;
• copy of the work document.

Read also: How to take out a loan during maternity leave

The father will receive a benefit depending on the size of the minimum wage and changes in legislation in the current year.

Not every employer is satisfied with a man’s desire to take maternity leave if the child has a mother. But the manager cannot justify his refusal to provide maternity leave with this reason.

If the employer does not allow the father to go on parental leave, the employee has the right to appeal to the labor inspectorate, prosecutor's office or other higher authorities.

The father has the right to challenge his right to care for the child through the court. As practice shows, quite often such cases are resolved in favor of the plaintiff.

Men are given the opportunity to take maternity leave and take care of the baby instead of a woman.

In this case, the time spent in it will be counted towards the length of service.

The amount of benefits paid to the father depends on his salary and reaches 40%.

For some categories of workers (military, law enforcement agencies, etc.) the payment increases to 100% of earnings.

If a man does not want to completely lose his source of income, then he can work part-time, while still retaining the right to receive benefits.

Work experience during maternity leave: from one and a half to three years, as calculated.

Dad is on maternity leave.

Maternity leave for the father to care for the child if the mother does not work

Hello! In this article we will tell you about maternity leave for the father.

Today you will learn:

• Under what conditions can a father go on maternity leave?
• The procedure for registering such leave, the list of required documents;
• Can an employer refuse to provide a father with maternity leave?

Most employees and employers know that after the birth of a child, a woman has the right to take leave to care for him, in addition, she is entitled to additional payments compensated by the social insurance fund.

In this case, the employer initially makes the necessary payments from his own funds. This money will be reimbursed to him in the form of an additional tax deduction.

During the first year and a half from the birth of a child, a woman has the right to a payment in the amount of 40% of the average monthly salary. Further, social payments become insignificant and amount to only 50 rubles per month.

Such opportunities for a woman who has become a mother mean that the employer will someday have to come to terms with the long absence of his employee.

However, in practice, a situation may arise when it is necessary to provide maternity leave to the father to care for the child. No matter how strange it may sound, not only his mother, but also other family members: grandmothers have the right to go on maternity leave to care for a small child , grandfather or father.

The need for the father to go on maternity leave may arise in various cases, including if his income is significantly less than his wife’s income, and it is in the interests of the family for her to remain at work.

On the other hand, it is useful for a woman who has been on maternity leave for a long time to take a break and return to work. And then return to raising young children with renewed vigor.

During this time, the father will become closer to the children and will be able to give them maximum attention.

A mandatory condition for granting the father maternity leave and child care benefits is the mother's written renunciation of her right to maternity leave and the corresponding benefits. In other words, both parents cannot be on maternity leave and receive compensation.

When the father is on vacation, his place of work is retained; the period of maternity leave is counted towards his length of service. The father can use maternity leave in full or in parts - whichever is more convenient.

It is interesting that a father can receive benefits, but still work part-time. To the point that his part-time working day (at his request) can be set at 7 hours. This option is practiced by families in which the mother does not have enough work experience, does not work, and it is advantageous for the father to receive maternity payments, although in fact the mother will take care of the child.

It is worth considering that the father has the right to go on maternity leave even if the mother does not work.

How is the situation resolved if a child under the age of one and a half years has been adopted and the adoptive father wants to go on maternity leave? Answer: there will be no difference in the registration procedure in this case. The only slight difference is in the list of documents provided, which will be discussed below.

How can a father go on maternity leave?

The algorithm for going on maternity leave consists of three main actions and looks like this.

1. You should prepare the necessary documents: write an application, according to which you can issue maternity leave and benefits for the father, a copy of the child’s birth certificate or a document confirming the legal fact of adoption (and show the original or a notarized copy), a certificate of that the mother refuses to use her right to maternity leave. The application should be prepared in two copies, on one of which the secretary of the organization will mark acceptance.
2. Submit the application and the above documents to the employer or the social security authority (in practice, all documents are almost always transferred to the employer - this eliminates the need to stand in line at the social security authority). This must be done 7 weeks before the date of planned maternity leave. You can go on vacation only after the mother’s sick leave due to childbirth ends.
3. An order is issued to grant leave . You need to carefully read this order, and go on maternity leave only after it enters into legal force.

When going on maternity leave, it is recommended that the father request a document from the HR department confirming that his rights are fully reserved. This is a certificate of being on maternity leave.

Before going on maternity leave, the father also has the right to submit an application to replace the annual leave due to him with monetary compensation and demand its payment.

In some cases, a man can go on maternity leave even if he does not have a job and was recently fired due to the liquidation of the enterprise. Or in the case when he is registered with the employment service.

Application structure

In the upper right corner indicate the addressee of the application. Either the name of the employer (head of the organization), or the name of the territorial social protection body. It is necessary to indicate the full name, surname and patronymic of the author of the application, passport details and address of residence (registration).

Then write the heading in the middle: “application for parental leave and assignment of benefits.”

Next, there is a text with approximately the following content: “I ask for leave to care for one child under the age of one and a half years from January 25, 2019 to January 25, 2020” in the amount of 365 (three hundred sixty-five) days.” It is recommended to indicate the method of receiving benefits: cash or non-cash.

After this, write down a list of documents, copies of which are provided along with the application. After the application, you must sign and date the application.

Features of calculating benefits

Previously, we indicated that the calculation of benefits for a child under 1.5 years of age is made in the amount of 40% of the father’s average salary. There are some exceptions to this rule. Let’s say if the father’s average earnings are less than the established minimum wage. In this case, the calculation is carried out based on the minimum wage.

There is a small exception to the above rule. The amount of maternity benefits for employees of law enforcement agencies, the correctional service or bodies providing fire safety is 100% of the average monthly salary.

The assigned monthly benefit cannot be less than 1,500 rubles per person. A father with many children cannot receive less than 3,000 for each subsequent child. Benefit amounts are subject to indexation annually.

The opposite situation also exists. The maximum possible benefit amount has been established for those fathers who have high earnings. In 2019 it is 26,152.27 rubles.

Refusal to provide maternity leave

An employer is rarely interested in letting an employee go on long vacation. And if the leadership of the employing organizations still treats the woman with understanding and does not create any obstacles, then they have a very negative attitude towards the father’s desire to go on such leave.

In practice, very often there is pressure on fathers who want to go on maternity leave or they are simply refused such leave. As official reasons, employers often indicate the presence of a child with a mother, work necessity, or simply ignore the law and leave the application unanswered.

All employees should remember that such refusals are completely unlawful. The employer cannot refuse to provide maternity leave to the father if all the necessary documents have been submitted and the application has been correctly drawn up.

If such a refusal occurs in practice, then you can seek protection from the labor inspectorate, the prosecutor's office or the court. But before contacting the competent authorities, it may be enough to remind the employer of the administrative liability for failure to provide such leave. The management of the enterprise is unlikely to have a great desire to pay significant fines.

The situation is especially difficult in the military sphere. A military man, according to the legislator, has no right to go on maternity leave. The reason is the specifics of the military’s activities. Any attempts to appeal this position do not currently end in success on the territory of Russia, since the Constitutional Court took the side of the state.

The only option for effective protection in this case is an appeal to the European Court of Human Rights.

What should an employer do if a valuable male employee is going on maternity leave? There are no legal grounds for refusal if the documents are properly executed.

Therefore, the only option is to convince the employee to go on maternity leave. It is worth explaining to the man in more detail that the amount of compensation will be much less than his salary, and when he returns after a long vacation, the man will do his job worse.

It may be worthwhile to provide additional financial support for this employee if he waives his right to go on maternity leave.

You can also offer the child's father a different, more convenient work schedule. If he works part-time, he retains his right to receive benefits, but he continues to work on a more flexible, time-limited schedule.

Maternity leave for the father of a child: how to arrange maternity leave for the father

Taking care of the child is the main task of both parents. According to the law, the husband of a pregnant woman after the birth of the child has the right to go on maternity leave in her place.

Usually a man does this because his wife’s psychological condition is deteriorating during postpartum rehabilitation, or the head of the family decided to take a break from work and devote himself to the family, while his wife would prefer to move up the career ladder.

Registration of maternity leave for men has its own nuances. In this article we will tell you about maternity leave for the father of a child in 2020, and consider the main aspects.

Features of maternity leave for fathers

At the legislative level, the father of a child is entitled to the same rights and benefits as his wife. The only thing is that the list of documents for maternity leave must contain a certificate stating that the child’s mother voluntarily refuses to go on maternity leave and does not receive the corresponding benefit.

Maternity leave for the father is a break from work taken for the purpose of caring for the baby. Taking maternity leave is prohibited, since it is assumed that during the rest the woman will improve her health and recover from the period of pregnancy and childbirth. Therefore, a man can apply for leave only upon completion of his wife’s B&R leave.

How to apply for maternity leave for your father

In order to apply for parental leave, a man must submit an application at his place of work (to several companies, if part-time) and attach the necessary documents to it. After issuing the Order of the head of the company, the accounting department calculates the man's child care allowance for up to 1.5 years.

If the child’s father wishes to extend the leave until the child turns 3 years old, a child benefit up to 3 years old is paid. An employee has the right to leave the workplace the very next day when his wife ends the period of maternity leave specified in the certificate of incapacity for work.

A man is provided with leave and child benefits based on his application; benefits are calculated after the employer issues a corresponding order.

Positive aspects of a father going on maternity leave:

• the period of stay on vacation is counted towards the total length of service,
• the father has the right to count on maintaining his job and position,
• a man has the right to divide maternity leave into parts, take care of the baby for a couple of months, and then return to work while another relative continues to care for his child,
• For some, maternity leave can be an opportunity to take a break from work.

Negative points:

• a man is naturally inclined to earn money for his family, and temporarily leaving work can negatively affect his psyche,
• Some fathers are not able to feel comfortable being alone with the baby, and therefore maternity leave will be a test for them.

Read also: Pre-retirement status: at what age, benefits, what it gives, through government services

Payments to men caring for children

Allowance is financial assistance designed to make it easier to care for a child while on parental leave. Until children turn 1.5 years old, payments are made by the employer's accounting department in the amount of 40% of the employee's average monthly earnings.

It happens that a man combines two jobs at once, and his work experience in both places is more than 2 years. In such a situation, the benefit is paid for one place of work at the discretion of the employee. In some cases, benefits are assigned by the local department of social protection of the population.

Formula for calculating child care benefits based on the father’s salary:

SP = ZP * 24: (730(731) – PN) * 30.4 * 0.4 , where

• SP – benefit amount,
• Salary – salary,
• 24 – number of months in 2 previous years,
• 730 – number of days in 2 years, 731 – in case of a leap year,
• PN – periods of incapacity,
• 30.4 – average monthly number of days,
• 0.4 – 40% of the total amount.

If the amount of benefit calculated based on wages is less than the minimum value established by law, the minimum benefit is paid:

• 3065 rubles 69 kopecks (for the first child),
• 6131 rubles 37 kopecks (for the second child).

The minimum payment is usually assigned:

• persons caring for the baby when the natural parents are deprived of parental rights,
• when students are caring for a child,
• if the mother was fired due to the closure of the company during pregnancy.

It also happens that the benefit calculated based on the employee’s income exceeds the maximum established by law (23,089 rubles), then it is paid in the amount of 23,089 rubles, since otherwise the father’s total income exceeds the limit of the insurance base.

Deadlines for payment of child care benefits

Payments are made before the 26th of each month, this applies to payments at the place of work and those assigned through the social security department.

In the case of child care benefits, the money is credited to a bank card until the child is 1.5 years old.

If the father wishes to extend the leave until the child is three years old, an allowance is assigned until the child turns 3 years old.

When can you take maternity leave?

The child’s father has the right to go on parental leave as soon as his wife’s maternity leave ends. However, it is necessary to notify the employer 7 weeks before the intended departure. The application addressed to the employer must be drawn up in any form in two copies; the law does not establish a unified form. It must contain:

• name of the company where he works,
• your initials
• the essence of the appeal,
• date of application,
• personal signature of the employee.

If the employer refuses a request to provide maternity leave and pay benefits, the employee has the right to sue him and complain to Rostrud. The employer's dissatisfaction is understandable - he is deprived of a specialist for quite a long time - from 1.5 to 3 years, plus compensation must be paid.

You can agree with an employee to work part-time or work remotely, since a man, by law, may not appear at work during the entire vacation, or can work part-time or from home without losing benefits.

List of documents for maternity leave

If a man has an official place of work, he must present the following package of documents to his employer:

• application for parental leave,
• a copy of the child’s birth or adoption certificate, certified by a notary seal,
• copies of birth certificates of previous children,
• application for payment of child care benefits up to 1.5 or 3 years old,
• a certificate that would be proof that the child’s mother voluntarily refused to go on maternity leave and receive benefits,
• a certificate from other places of work or from the Social Insurance Fund stating that benefits are not paid anywhere else,
• a certificate from a medical institution about the child’s health status (if it is necessary to extend the leave due to the baby’s illness).

If the baby’s father is not employed, he will have to collect additional documents:

• a copy of the work book,
• copy of passport,
• a certificate from the Employment Center proving the absence of unemployment benefits. The end date of the vacation will be indicated in the Manager's Order.

Does vacation count towards length of service?

Maternity leave granted to men is rare in Russia.

This is due to the fact that, as usual, it is the man who has the highest earnings, and therefore his departure from work negatively affects the well-being of the family.

But the circumstances are different, in addition, the head of the family, while caring for the child, has the right to continue working at home or part-time, which allows him to continue to provide for the family.

At the legislative level, there is a requirement to include paternity leave:

• in total work experience,
• in continuous work experience,
• experience in the specialty.

Just like a woman, a man is given the right to share the vacation period of three years, while his position and salary must be preserved.

It is recommended to study the following documents:

Art. 256 of the Labor Code of the Russian Federation The right of the father to go on maternity leave instead of the child’s mother Federal Law of May 19, 1995 No. 81-FZ The right to receive maternity leave by the mother, father, and immediate relatives of the child

Source: https://kompensacii.ru/dekretnyj-otpusk-otcu-rebenka/

How to get paternity leave to care for a child in 2022

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.

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.

Read also: Loan to a single mother: for an apartment, on maternity leave, with two, in a savings bank

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/

How to apply for maternity leave for your husband in 2019: can a father receive child care benefits up to 1.5 years old?

Last updated 11/29/2019

Maternity payments are benefits for pregnancy and childbirth and child care. A working mother is entitled to receive the first payment: her benefit is calculated based on her salary, and the woman goes on pre- and postnatal leave. Other relatives cannot receive this subsidy.

But any working relative, in particular the husband, can go on parental leave. He will also receive benefits.

Article 256 of the Labor Code of the Russian Federation

The employer has no right to refuse a man this or to fire him or change his position.

Is it possible to apply for maternity leave for a husband if his wife does not work?

It doesn’t matter whether the mother is working or unemployed, the father can take maternity leave in any case. Only the start date of the maternity period depends on the status of the mother.

If a woman works, the father has the right to take maternity leave from the day his wife completes her maternity leave.

If she is unemployed, she goes on maternity leave from the day the baby is born, provided that she provides the employer with a certificate from social security stating that the wife did not receive benefits under the BiR.

Also, the father has every right to receive a lump sum payment for the birth of a child. Details of registration of EDV at birth.

How to apply for care allowance for up to 1.5 years

To apply for maternity leave and assign care benefits for up to one and a half years, the father submits the following documents to the personnel department of his organization:

• application for leave. It must indicate from what date it will begin;
• a copy of the child's birth certificate;
• information about income for the last 2 years, if during this period the man worked elsewhere.

Basic documents proving that the mother refused maternity leave:

If the child’s mother does not work, then a certificate from the employment service about non-receipt of unemployment benefits will be required.

The father of the child is subject to the guarantees given to the mother by the state. He retains his job and position for the entire duration of the maternity leave. Care leave is included in the father's total work experience and in his specialty. But it is not counted when determining the right to early receipt of an old-age insurance pension. For example, for doctors or teachers.

An employer does not have the right to fire an employee caring for children under 3 years of age. There are exceptions provided for in Article 81 of the Labor Code of the Russian Federation:

• liquidation of the organization as a legal entity;
• termination of the activities of an individual entrepreneur.

After the end of maternity leave, the father of the child, under Article 261 of the Labor Code of the Russian Federation, receives protection from dismissal only if:

• raises a child without a mother if she has died or been deprived of parental rights;
• will become the sole breadwinner of a disabled child under 18 years of age;
• will be the sole breadwinner of a child under three years of age, when the family has three or more young children aged 6 to 14 years;
• by the time paternity leave ends, the child’s mother will lose her job and become the sole breadwinner.

But here, too, there are exceptions when the employer has the right to dismiss on the grounds specified in paragraphs 1, 5-8, 10, 11 of Article 81 and paragraph 2 of Article 336 of the Labor Code of the Russian Federation.

In case of early termination of maternity leave, before the child turns 3 years old, the father receives guarantees under Article 268 of the Labor Code of the Russian Federation, when the employer does not have the right to:

Payment amount

The child care benefit is 40% of the average monthly earnings for the 24 months preceding the year in which the maternity leave was issued. The state limits the upper limit of benefits to the size of the maximum base of insurance contributions.

Article 11.2 of Law No. 255-FZ

For a monthly benefit accrued in 2019, the maximum amount is RUB 26,152.27.

The lower limit is established by Article 15 of Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children.”

The minimum benefit amount is calculated when:

11,280 rubles - minimum wage in 2019

• work experience less than 6 months;
• wages for the years taken into account were less than the current minimum wage.

You must apply for benefits no later than 6 months from the moment the baby turns one and a half years old. (clause 3 of article 12 of Federal Law No. 255).

Unemployed father or individual entrepreneur

A non-working father has the right to go on maternity leave and receive a minimum benefit in accordance with paragraph 6 of Art. 13 of Law No. 81-FZ.

To apply for cash payments, you need to contact the social security department at your place of residence with the following package of documents:

• statement;
• birth certificates of all children;
• a certified copy of the work book;
• passport;

Inquiries:

• from the mother’s place of work, where it is indicated that she does not receive benefits and refused maternity leave;
• about the composition of the family, which proves his cohabitation with the child;
• from the employment service that he does not receive unemployment benefits;
• from the place of study, if the father is studying full-time.

17,479.73 rubles - the amount of a one-time benefit for the birth of a child in 2019 and until February 1, 2020. Where to get a certificate of family composition

If an entrepreneur

If the father has a business, first he needs to get a certificate from the Social Insurance Fund stating that he is not registered with them and does not pay contributions.

To apply for benefits, you need to contact the social security department with the following documents:

• statement;
• certificate from the Social Insurance Fund;
• sasport;
• a copy of the tax registration certificate;
• child's birth certificate;
• a certificate from his mother’s work stating that he is not using parental leave.

If an entrepreneur has transferred contributions to the Social Insurance Fund, then the payment must be processed through the fund itself. The size of the benefit does not depend on the place of registration - the father will receive 40% of the minimum wage: that is, the minimum payments, like an unemployed person.

• If the father is not engaged in business during maternity leave, he is allowed not to pay standard contributions to pension and health insurance.
• You must inform the tax authorities about going on maternity leave and confirm your lack of income.
• If a businessman combines maternity leave and entrepreneurship, insurance premiums must be paid in full.

Work on maternity leave

Let's clear things up: working part-time during maternity leave

According to paragraph 3 of Article 256 of the Labor Code of the Russian Federation, the father is allowed to work part-time or from home during maternity leave. To do this, he signs an additional agreement with the employer. Under Article 93 it states:

• working hours;
• length of shift and work week;
• rest periods.

When working with a reduced working day, payment is proportional to the time worked or depends on the amount of work performed.

• clause 3 art. 256 Labor Code of the Russian Federation;
• clause 2 art. 11.1 of Law No. 255-FZ.

New payments to father for 3 children in 2019

For military men

Among the norms of the labor code, there is not a single article that would limit family members going on maternity leave, depending on their profession. Therefore, it seems that no one should prevent the father, an employee of the Armed Forces or the FSB, from going to the ESD.

But in paragraph 7 of Art. 32 of the Decree of the President of the Russian Federation of September 16, 1999 No. 1237 defines the conditions for military personnel.

It says that a military man can receive a one-time leave of absence for 3 months if:

• wife died in childbirth;
• he alone is raising one or more children under 14 years of age;
• he raises disabled children under 16 years old without a mother.

The situation “raising without a mother” means that she is deprived of parental rights, is under constant or long-term treatment, or has died.

If the child's father requires more time than 3 months, he will be discharged from military service.

Art. 51 of Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service”

However, the European Court created a precedent when a Russian military serviceman was paid compensation for refusal to provide care leave.

The application was received in 2006, and in March 2012 a positive decision was received, which stated a violation of the gender rights of citizens enshrined in the Convention on the Elimination of All Forms of Discrimination against Women. By the way, Russia approved it in 1980.

The precedent made it possible to make appropriate changes to the laws for internal affairs officers, but they have not yet been developed for military personnel.

For police officers

The police officer is guided by the rules from paragraph 8 of Art. 56 of the Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation”, a father can go on maternity leave only in cases where:

the mother was deprived of parental rights, she died or was undergoing treatment in a hospital for a long time, and in other cases of lack of maternal care for objective reasons.

Police officers often refer to labor legislation, but the leadership of the Ministry of Internal Affairs ignores the labor code and does not allow men to go on maternity leave without the reasons specified in Federal Law No. 342.

Remember father's rights

• He has the right to go on maternity leave, the employer must keep his job.
• If the mother does not work, the father goes on parental leave from the day the baby is born.
• The amount of maternity payments for an employee is 40% of the average monthly salary.
• The unemployed and entrepreneurs receive minimal benefits.
• Go out and work part-time or from home.
• For military personnel and employees of the Ministry of Internal Affairs there are special conditions for going on maternity leave.

Source: https://vse-posobia.ru/na-rebenka/dekretnye-vyplaty/otect/