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?

Can a father go on maternity leave?

Most workers and employers know that after the birth of a child, a woman has the right, 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 steps and looks like this.

1. You should prepare the necessary documents: write an application in accordance with which it will be possible to 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 stating that the mother refuses to use her the right to maternity leave. The application should be prepared in two copies, on one of which the secretary of the organization will put a mark of acceptance.
2. Submit an application and the above documents to your employer or 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 office). 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.

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. 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 place 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 .

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 ensuring 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, production 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 are currently not ending 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 can an employer do?

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

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My husband wants to go on maternity leave, I have some questions

My husband wants to go on maternity leave. And we had a lot of questions:

From what time does he go on maternity leave (after the birth of the child or immediately after maternity leave is issued at 30 weeks of pregnancy, i.e. 2 months before giving birth)

If he works part-time, as stated, what is allowed, how is the benefit calculated

Is it possible to apply for maternity leave for six months, and then reissue the maternity leave for me?

Lawyers' answers

Fesenko Nina Viktorovna(04/05/2016 at 22:01:31)

Good afternoon, you receive sick leave for pregnancy and childbirth, which only you can go on at 30 weeks of pregnancy, the total duration is 140 days - 70 days before childbirth and 70 days after childbirth. After your sick leave expires, that is, 70 days after giving birth, your husband can apply for up to 3 years. When applying for parental leave, the father must provide a certificate stating that the mother did not go on maternity leave at her place of work. The benefit will be paid in full. even if the father goes to work part-time. The legislation allows parental leave to be divided and used in parts.

Thank you for your positive feedback and rating my answer.

Alexey Vladimirovich(04/05/2016 at 22:03:55)

Hello,

The current legislation of Russia does not provide for the provision of pregnancy and childbirth benefits to men, due to the physiological characteristics of the male body. This is purely the prerogative of women.

It is only permissible to grant men leave to care for and raise a child until he reaches a certain age (usually 1.5 or 3 years). Accordingly, this leave can be taken out by a man after the maternity leave is closed. The monthly payment is made from the date. Leave to care for and raise a child can be interrupted at any time based on the employee’s application, as well as it can be resumed again. The main thing is to comply with the deadline (1.5 and 3 years, respectively). At the same time, when applying for such leave, it is necessary to provide a certificate that the employee’s spouse does not already receive a similar leave to care for a child.

In Art. 256 of the Labor Code of the Russian Federation directly states that an employee who decides to work part-time during parental leave must write a corresponding statement. It should reflect who wrote the application, from what date the employee plans to start working, for how long and under what conditions (at home or part-time). Also of fundamental importance is how many hours the parent’s working day will last and on what days of the week he will come to work. The personnel officer must explain all these points to the employee, not forgetting to check that the latter puts his signature and the current date on the application.

There is no legal limit on the duration of part-time work for a parent of a child. The upper one should in any case be less than full working time. If a parent wants to work on an equal basis with all employees, then he will need to take leave.

Nikiforova Olga Vasilievna(04/05/2016 at 22:06:33)

Your husband can “go on maternity leave” only after the birth of the child, namely, on maternity leave provided after the birth (70 days after the birth of the child). Your husband has nothing to do with the thirty weeks of your pregnancy, which is completely logical: maternity leave (70 days before and 70 days after childbirth) is provided only to the woman. If you wish and have an agreement with your employer, you can work for these 140 days as before, taking only a break for the maternity hospital. This will not affect the payment of your BiR benefits (for these 140 days).

The benefit for your husband will be calculated exactly the same as it would be calculated for you: 40% of earnings. Basic earnings will be reduced due to part-time work. Additionally, you provide a certificate from your place of work stating that this benefit is not accrued to you.

You can re-register the benefit: through an application for interruption of parental leave, the publication of the husband and his receipt of a certificate stating that he no longer receives benefits. You, in turn, at your job apply for parental leave, receive benefits by providing husband’s certificate confirming that he has not received benefits, etc.

A man can go on maternity leave while maintaining his job and part of his salary. Not only the father and mother of the child, but also other relatives: grandmothers, grandfathers and others can take advantage of this right. A similar opportunity is provided to adoptive parents and guardians.

Russian legislation, wanting to support families with children, provides one of the parents with the opportunity to go on leave for a period of 3 years while maintaining a certain salary.

Maternity leave is available exclusively to women. Men cannot use it. But parental leave is available to them.

The amount of the required payments depends on the salary of the parent going on maternity leave. Moreover, if before the child turns one and a half years old one can still hope for tangible payments, then from one and a half to three years old they will pay very little.

A man on maternity leave can be on the basis of the Labor Code of the Russian Federation, namely Article 256. The document clearly states the following responsibilities of the employer in relation to the person on maternity leave:

• you cannot refuse to go on parental leave;
• You cannot be fired or laid off - keeping your job is mandatory.

If the employer does not want to let a man go on maternity leave or threatens to fire/retrench him, then such an employee has every reason to appeal to the judicial authorities or the labor inspectorate.

Duration of maternity leave granted to men

The child's father or stepfather cannot go on parental leave immediately after the child is born. First you will have to wait until the mother's maternity leave ends. It can last from 140 to 194 days, depending on the number of children and the presence of complications.

After this period, the father can apply to the employer for parental leave. It is better to communicate your intention in advance so that the director can find a replacement.

The legislation does not put forward strict limits regarding the timing of maternity leave. Any parent can look after a child on maternity leave until he reaches 3 years of age. During this period he will receive payments.

The length of service during maternity leave is not interrupted, but continues to grow.

If the family has decided that the child’s father will be on maternity leave, then it is worth choosing the most profitable option.

The following situations are possible:

1. throughout the entire period of maternity leave, the mother sits with the child;
2. the father and mother will take turns taking leave (for example, a woman will take care of the child while breastfeeding, and then go to work, and her husband will replace her at home);
3. repeated division of vacation (for several months, for example).

A man on maternity leave can work remotely. By being listed as a part-time employee, he will be able to receive not only wages, but also the benefits due to him. From a financial point of view, this will be the most profitable option, especially if the child’s mother also works.

To receive payment to a man on maternity leave, you need to write a written application. Usually it is drawn up in free form on the organization’s letterhead. It must be written in two copies - one is given to the employer or HR specialist, the second is returned to the employee with a mark of acceptance. One application is not enough to receive payment. The following documents must be attached to it:

• a copy of the child's birth certificate;
• a paper confirming that the child’s mother does not receive a monthly allowance and is not on maternity leave.

The second document can be issued in different institutions, depending on the circumstances:

After receiving and checking all documents, the employer draws up an order for granting leave. Based on it, the company’s accountant calculates the required benefits. Salary information for the last 2 years is taken into account. If during this period the man worked in other organizations, then he will have to take a certificate from them and provide it to the accountant for making calculations.

You cannot receive benefits for several jobs at once, even if the person is an external part-time worker. You will have to choose the place where the salary is higher, because then the benefits will be more impressive.

Amount of due payments

When calculating benefits, the accountant takes into account the man’s wages for the last 2 years. From these, the average value of the indicator is calculated. Payment for child care up to 1.5 years is multiplied by a factor of 0.4. For example, if the average salary for 2 years was 30,000 rubles, then the monthly payment will be equal to 12,000 rubles.

There are minimum and maximum payout limits. In 2018 they are:

You cannot go on maternity leave with several children at once. If twins or a second child are born while the leave is valid, both parents can apply for leave. In this case, both will receive a payment in the amount of 40% of the average salary for the last 2 years. If the child turns 1.5 years old, then the amount of the benefit will be symbolic. It will be 50 rubles per month. The employer also pays it.

Not only ordinary workers have the right to use maternity leave. This category also includes:

1. unemployed;
2. private entrepreneurs;
3. notaries and lawyers in private practice.

​But in this case, the amount of the benefit will be small, since social security will pay it in the absence of an employer. In this case, the calculation will be made not on the basis of average earnings, but on the basis of the current minimum wage. The procedure for submitting and the list of documents will be the same as for an ordinary employee, only they need to be brought to the social security authorities.

If you have a registered individual entrepreneur, the procedure for receiving benefits will be somewhat more complicated.. First, the man will need to apply to the Social Insurance Fund for a certificate indicating that he is not included in their records and social benefits. After this, the individual entrepreneur should contact social security with a request to grant parental leave. Additionally, you will need to bring a passport, a certificate from the Social Insurance Fund, a copy of the child’s birth certificate, a certificate confirming the absence of maternity payments to the mother and a copy of a document confirming the citizen’s registration with the tax service.

If, while working as an individual entrepreneur, a man managed to make insurance contributions, then he should apply for benefits to the Social Insurance Fund. In this case, its size will be calculated in the same order (40% of the minimum wage).

For a man working as an individual entrepreneur, taking maternity leave will be beneficial if he does not carry out entrepreneurial activities during this period. After all, then he will be exempt from paying the required insurance premiums. When conducting business, you will still have to pay them.

Maternity leave for the mother of a child is considered traditional in society. However, for some reasons (for example, the mother’s high earnings, the mother’s postpartum depression, etc.), it becomes necessary for the child’s father to go on maternity leave.

Initially, this approach to maternity leave was enshrined in legislation. Until 2007, the legislation did not contain rules that would provide for the possibility of entering into paternity leave for dad and payment of appropriate benefits to him. The situation has changed with the introduction of changes to the labor legislation of the Russian Federation.

Parental leave for father - grounds for leave

Article 256 of the Labor Code of the Russian Federation provides for the father’s right to go on maternity leave (vacation to care for a child). Most often, the reasons for a “change of roles” in terms of child care can be:

• Unofficial employment of the child's mother or its complete absence.
• Significant difference in the earnings of spouses (in favor of the woman).
• The need for a woman to rest after childbirth, physically or mentally.
• A woman has postpartum depression.
• Temporary disability of the child's mother.
• Registration of maternity leave to care for twins or triplets (in this case, the mother has the right to arrange maternity leave for one child, and the father for the second).

The law does not require justification for the desire to take paternity leave for any good or bad reasons. In Europe, the practice of fathers taking “rest” at the birth of a child is very common.

In Sweden, a man is required to leave his job temporarily for at least a month after the birth of a child. In Germany, child care benefits are paid to fathers in a larger amount than to mothers. Russian legislation does not differentiate the amount of care assistance depending on the gender of the parent on leave.

To form the correct position, it is necessary to distinguish between two concepts - “maternity leave” and “parental leave”. A decree is usually called a temporary release from work duties in connection with a woman’s pregnancy and childbirth.

Thus, a man cannot take maternity leave due to his physiological characteristics. However, a man has the right to take parental leave.

Article 18 of the RF Law “On Leave” provides for the right to go on care leave to the following persons:

• Mother.
• Father.
• Grandmother.
• Grandfather.
• Other relatives who look after the child.

At the same time, the distribution of the period for which “dismissal” is taken can be different (for example, the mother goes on vacation for a year, the father for a year, the grandmother for a year). The size and payment system of the benefit do not change.

Maternity leave for father - registration procedure

Article 18 of the Law “On Leaves” regulates the procedure for applying for leave to care for a son or daughter and maternity leave. They are opened on the basis of a corresponding application, which is submitted directly to the place of work.

The application must also be accompanied by:

• Child's birth certificate.
• Certificate from the mother’s place of work/study.

This certificate is intended to confirm the fact that the mother is not on maternity leave with the father at the same time. If, in accordance with Article 256 of the Labor Code, the spouses decided to split the vacation (go on it one by one), then the relevant time periods (dates) must be displayed in the certificate.

The employer also has the right to require the following additional documents:

• A copy of the mother’s work record, which indicates that she is not employed and does not receive benefits at work.
• Certificate of incapacity for work of the mother (certificate from the maternity hospital/hospital).
• Marriage certificate.

It should be noted that the absence of such documents cannot be a basis for refusing to grant parental leave to the father. Indeed, in practice, parents may not be in a registered marriage (and the relationship between husband and wife in general).

To make a decision on granting leave, the employer only needs to obtain a copy of the page from the birth certificate that certifies paternity.

After going on parental leave, if the father is officially employed, he retains his job. During the absence of an employee, the employer has the right to find a replacement for him. However, after returning from maternity leave, he will begin working in the same place. It is also possible to establish an agreement with the employer to perform a certain part of the work at home.

Both father and mother can leave maternity leave at any time. However, the employer must be notified about this in advance in writing.

Maternity payments to father

The father can count on the same level as the mother. In order to receive child care funds, you must contact the Social Insurance Fund.

Provide in this case:

• Application for payment of benefits.
• A copy of the child's birth certificate.
• A copy of the order from the place of work on the appointment of parental leave.
• Certificate of absence of child care benefits paid to the mother.
• A copy of the certificate confirming the absence of benefits paid to the mother by the Employment Center in connection with her unemployment.

After submitting all the specified documents, the father becomes entitled to receive payments.

Payment of benefits to fathers

The size is based on the minimum size. Thus, the minimum payment amount is 2,908.62 rubles for 1 child and 5,817.24 rubles for the second and subsequent children.

If the father is on leave to care for several children at once, then the assistance is cumulative. Regardless of the level of earnings and the number of children, the amount of payments cannot exceed 11,634.50 rubles.

The law also sets an upper limit for child care benefits - it is 40 percent of the father's earnings.

Another type of financial assistance that can be issued to the father is maternity capital. The right to receive such capital is provided for by the Law of the Russian Federation dated December 29, 006. As of 2017, the amount of maternal capital is 453,000 rubles. There are no restrictions regarding the registration of funds received in the name of the father or mother.

Other features of the father’s decree and judicial practice

One of the characteristic features of a “maternity leave” for a man is its start date. Such leave begins its countdown from the day that follows the last day of leave of the child’s mother in connection with pregnancy and childbirth.

The deadline can be arbitrary. Article 256 of the Labor Code of the Russian Federation establishes only its extreme limit - three years from the beginning.

The application must be submitted by the initiator no later than 7 weeks before the first working day, when the man does not plan to go to work.

The employer is traditionally reluctant to let a man go on maternity leave. If on the part of a woman such departure for vacation is more expected, then on the part of a man it often comes as a surprise. However, despite this, the employer does not have the right to refuse the father a job. In practice, such refusal often occurs for formal reasons. The employer may also delay the process of applying for leave.

The situation of dismissal of an employee after notification of the desire to go on parental leave is considered unacceptable.

In the event of such a conflict, a man has the right to go to court to protect his interests. When arguing the claim, it is necessary to refer to the norms of labor legislation (the Labor Code, as well as the Law of the Russian Federation “On Leave”), the father has the right to ask for reinstatement at work with payment of lost income, as well as moral compensation. The best evidence, in this case, can be a leave application with a note of receipt by the employer.