In accordance with the Labor Code of the Russian Federation, upon application of a woman, she is granted leave to care for a child until he or she reaches the age of three years. Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.

Only one person can be on parental leave at a time. This follows from clause 42 of the Procedure and conditions for the appointment and payment of state benefits to citizens with children, approved by the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 N 1012n (hereinafter referred to as the Procedure), according to which the basis for the appointment and payment of monthly child care benefits is the employer’s decision on the provision of parental leave, for which, along with other documents, a certificate from the place of work (study, service) of the mother (father, both parents) of the child must be submitted stating that she (he, they) is not using the specified leave and does not receive benefits. The Constitutional Court of the Russian Federation came to a similar conclusion in its resolution dated 02/06/2009 N 3-P, in which it recognized that, based on the established practice of applying the legal requirements for granting parental leave and payment of benefits, the father of a child whose mother is on leave to care for a child, but falls ill and cannot therefore care for the child, will not be able to exercise her right to parental leave if the child’s mother has not interrupted such leave.

As can be seen from paragraph 42 of the Procedure, in the case when the child’s mother cannot care for the child due to her illness, the right to parental leave and receiving benefits can be exercised by another family member who is actually caring for the child during this period . In this case, the right to leave and benefits can be transferred from one family member to another, depending on which of them actually takes care of the child. To interrupt the vacation and stop paying benefits for the period when the child’s mother is not actually caring for the child due to her illness, the mother’s application for termination of benefits must be submitted to the place where her monthly child care allowance is assigned, and if the woman is on maternity leave, also a statement that she is interrupting her maternity leave. If, for health reasons or for other reasons, the child’s mother cannot submit this application in person, it can be accepted from another family member upon presentation of a document proving his identity and relationship. In addition, a person who asks for parental leave instead of a sick mother must submit the documents provided for in paragraph 54 of the Procedure, as well as a certificate from the place of work (study, service) of the child’s mother stating that she does not use the specified leave and does not receive child care benefits, and if the child’s mother belongs to the category of persons not subject to compulsory social insurance in case of temporary disability and in connection with maternity, including full-time students educational institutions, - certificate from authorities social protection population at the mother's place of residence, about non-receipt of monthly child care benefits. If at the time of application the specified certificate is not available, before its submission it can be replaced with a copy of the mother’s application for interruption of parental leave, certified at the place of its submission (at the mother’s place of work, study, service or at the social security authority ).

Thus, in order to be granted leave to care for the child due to the mother’s inability to care for the child due to her illness, the child’s father must submit to the employer (Part 6, Article 13 of Law No. 255-FZ and Clause 54 of the Procedure):

Application for parental leave in any form;

Application for granting benefits;

A copy of the child’s mother’s application for termination of parental leave certified by the mother’s place of work;

Birth certificate of the child to be cared for and a copy thereof.

The employer does not have the right to refuse to provide parental leave if the employee submits a full set of the documents listed above.

Also, the child’s father can ask the employer to grant him leave without pay for family reasons (Labor Code of the Russian Federation), however, if the employee does not belong to the categories to which the employer is obliged to provide such leave, he has the right to refuse to provide it.

Prepared answer:

Expert of the Legal Consulting Service GARANT

Mazukhina Anna

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Kudryashov Maxim

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Labor legislation does not include parental leave in the list of types of employee rest time, so the employer is not obliged to provide such leave. If the parents really need care, the employee can issue sick leave, ask for leave without pay, or terminate the employment contract in order to further process compensation payments. The first option allows you to receive up to seven calendar days of sick leave for one case of care, but the total number of such days per year for caring for one relative should not exceed thirty. In this case, the sick leave is issued in general procedure, and the employee receives temporary disability benefits.

Leave without pay

Another option for the employee is to take unpaid leave, which may be provided by the employing organization in the presence of exceptional personal or family circumstances. During the specified leave, the employee is not paid any monetary remuneration for his work, which does not allow him to stay on it for too long. The duration of leave without pay can be any; this parameter is determined by agreement between the company and the employee. The only problem is that the employer is not obliged to provide such leave to care for parents, so the manager can simply refuse the employee’s corresponding application, and in this case it is impossible to oblige him to provide a certain amount of rest time.

Registration of compensation payment

Finally, the last option to permanently care for parents who have reached the age of eighty is to quit their job and apply for compensation. To implement this procedure, you will need to terminate the employment contract, and then apply to the department Pension Fund statement and others Required documents. If the parents agree to provide such care, the authorized body will pay a small compensation, but in the process of receiving it you cannot get another job, receive unemployment benefits, or. In any of the above cases, payment of compensation will be stopped, and overpaid funds may be recovered from the unscrupulous recipient. Current legislation does not provide for other ways of caring for parents.

Today, mothers provide financial stability for the family, while fathers are left to manage the household and develop their offspring. There is another life scheme, when custody of children is entrusted entirely to the grandmother, while the parents earn their “bread,” so to speak.

Russian legislation approves child care by grandmother and father Moreover, these closest relatives can also count on payments required by law - “maternity money,” as many young mothers also call them.

general information

Article 256 of the domestic Labor Code states that A child under 3 years of age can be cared for not only by the mother, but also by other family members, in particular:

• child's father;
• grandmother of one of the parties;
• guardian;
• other relatives.

If a working mother is raising a child, then she must provide a standard application at the place of official employment, supported by the child’s birth certificate (a photocopy of it).

If grandma or dad goes on maternity leave, then they must also write a corresponding statement at their place of work, and no employer has the right to refuse such a voluntary wish.

If there is a refusal, the conflict can be resolved in court, and the court will definitely be on the side of the applicant.

Moreover, the boss does not have the right to fire such a relative and, on the contrary, must even retain him workplace before going back to work after maternity leave.

Dismissal can occur only in the event of liquidation of the enterprise, but not at the request of the employer.

The boss also has no right to ask unnecessary questions about marital status., and the decision of the child’s father or grandmother should be perceived as a fact and inevitability.

It is also important to recall that the absence of one of the relatives at work does not in any way affect the length of service and experience in the specialty, that is, they remain inseparable.

Now, regarding the financial side of the issue: When caring for a child under 3 years old, father and grandmother have every right to receive monthly maternity benefits, that is, all benefits for a working mother who is on maternity leave are also preserved for other family members.

At this time, a mother can pursue her career growth and her favorite profession, study at a university or graduate school, undergo military service and be liable for military service, and such an arrangement of family priorities will not in any way affect her stable monthly income.

Registration in case of adoption

If the family decides to adopt infant, then a working mother also does not have to go on maternity leave.

According to Article 257 of the same Labor Code, adoptive parents or relatives of adoptive parents, who are in fact raising an adopted child, have all the rights and grounds to go on maternity leave from their official place of employment.

It could be dad or grandma, but who exactly is decided individually - at a family council, so to speak.

It’s worth noting right away that when applying for maternity leave at work, which a father or grandmother receives for an adopted baby, the secrecy of the adoption must be maintained in the future.

That is why adoptive parents can make a personal request to the guardianship and trusteeship authorities of their area so that their competent employees can assist in obtaining a certificate of incapacity as quickly as possible.

An employer should not ask unnecessary questions, but if they still come out of his mouth, then grandmother, mother or father adopted child may not comment on unexpected changes in their lives.

Only parents can reveal the secret of adoption, therefore, unnecessary conversations at work as the baby grows up can become a compelling argument for filing a claim and submitting it to the court.

Adoptive parents or their immediate relatives who are actually involved in raising a child, also must provide a job application and birth certificate, and only in this case they receive maternity leave for up to 3 years while maintaining their length of service and job.

They can also count on maternity payments, which biological parents of children of the same age also receive monthly.

The law is the same for natural parents and guardians.

Re-registration as a grandmother

It happens in life that initially the baby’s mother traditionally goes on maternity leave, but later realizes that for certain reasons she needs to go to work as soon as possible.

No one is safe from such twists of fate, and who else but dear grandmother baby, will help out in such a difficult situation.

The legislation of the Russian Federation allows that parental leave can be used in parts, but divided between mom, dad and grandmother, or another close relative.

To obtain it, you need official employment and an application to management in the established form.

There are two possible scenarios here:

In the second case, documents must be submitted to the social protection authorities that confirm one of the arguments, after which an account will be opened in the grandmother’s name and she will be able to receive minimum social payments.

So the state does not infringe on the rights of a grandmother in relation to her natural or adopted grandson, and she can take a direct part in his upbringing, if circumstances arise or the parents decide.

Required documents

If the father is responsible for raising the child and arranging maternity leave, then the following package of documents with personal appearance must be sent to the social security authorities:

• a statement written in any form;
• birth certificate of the pupil (child);
• a certificate stating that the biological mother (guardian) did not go on maternity leave, but immediately after finishing sick leave returned to her previous place of work.

If maternity leave for the father is formalized, he will be able to receive monthly social payments for the child until he turns 1.5 years old.

Otherwise, you can’t count on financial assistance from the state.

In those families where they decided to take maternity leave for their grandmother, you also need to collect documents. Among them:

• application from the grandmother to the social security authorities;
• child's birth document;
• written confirmation that neither the mother nor the father of the child (his guardians) are on maternity leave, and have officially returned to their previous workplace to continue labor activity.

Only registration of official maternity leave for your grandmother allows you to count on monthly assistance from the state, and for this you cannot do without the specified documents.

How are seniors paid?

When parents entrust the upbringing of a child to the grandmother, they most often justify this action with a well-paid job and the desire to fully provide for the family.

However, it is important not to forget that a grandmother who officially left work on maternity leave can count on 40% of her average income every month.

The duration of such social payments is 1.5 years, after which the accrual stops.

Pensioned grandmothers can also apply for minimum size social benefits during maternity leave, but only if the child’s parents fall under at least one of the above points.

Child care while the mother continues to work part-time

If a mother is not ready to leave her child with her grandmother for the whole working day, but she is also not used to sitting without work, then there is an alternative.

You can choose one of two proposed options: working from home or part-time work.

In both cases a woman does not lose the right to receive payments from the Social Insurance Fund, which, as before, correspond to 40% of average income.

So you can always find an option and learn to combine business with pleasure, especially if there is always reliable support from the child’s grandmother nearby.

The legislation of the Russian Federation provides for all combinations of child care for children under 3 years of age.

Moreover, it provided all employed family members with social benefits, job retention and length of service, which, in conditions modern society important point.

Commentary on Article 256

1. Parental leave until the child reaches the age of three provides the opportunity to provide maternal care for the child at a time when the child especially needs it.

All women in an employment relationship have the right to this leave, regardless of their length of service, their use of maternity leave, the presence of other persons in the family capable of caring for the child, the organizational and legal form of the employing organization, etc.

2. In addition to the mother, leave to care for a child under three years of age may also be granted to the child’s father, grandmother, grandfather and any other relative actually caring for the child. To grant this leave, the degree of relationship of the child with the person caring for him does not matter, however, the presence of any kindred or related relationships (we are talking about family members who are not related by blood to the child, for example, a stepmother or stepfather his parents) within the meaning of Part 2 of Art. 256 TC required. When granting leave to these persons, they must submit documents confirming this relationship (property).

When granting leave to another person, it does not matter why the child is not cared for by his mother, just as it does not matter whether the child’s mother is one of those working under an employment contract, students, military personnel, etc.

3. In addition to the child’s relatives, the child’s guardian also has the right to leave to care for a child under three years of age.

In accordance with Art. 146 SK and Art. 35 of the Civil Code, any adult capable person can be appointed as a guardian, with the exception of persons deprived of parental rights. When appointing a guardian, his ability to support the child, provide care for him, and take care of his health, physical, mental, spiritual and moral development is taken into account.

The guardian is appointed by the guardianship and trusteeship authority, which, in accordance with Art. 121 of the Family Code of the Russian Federation are local government bodies (from January 1, 2008 - executive authorities of a constituent entity of the Russian Federation). The decision to appoint a guardian is made by the head of the local administration, on the basis of which the guardian is issued a guardianship certificate.

4. The right to leave to care for a child until he reaches the age of three years arises from the day following the end of the maternity leave granted to his mother. If postnatal leave is not taken by the mother, parental leave may be granted at any time after the birth of the child. As a rule, this situation arises if the child is cared for not by the mother, but by another person.

In the event of the death of the mother, parental leave must be granted from the date of her death.

The right to leave ends on the day the child reaches three years of age.

5. During the period of leave, a mother or other person on leave may work part-time or from home. Since Part 3 of Art. 256 of the Labor Code does not contain any restrictions; part-time work can be carried out both at the main place of work and part-time.

For part-time work, see Art. 93 TC and commentary to it.

For part-time work conditions, see Chapter. 44 TC and commentary to it.

For working from home conditions, see Chapter. 49 TC and commentary to it.

6. Parental leave can be used by one person in full or by several persons in parts. Only one person can be on parental leave at a time, however, if there are several children under three years of age in the family, parental leave for each of them can be granted to different persons.

7. To be granted leave, a written application from the employee is required, as well as the child’s birth certificate. When granting leave not to the mother, but to another person, it is necessary to provide documents confirming the relationship with the child, or a guardianship certificate, as well as a certificate from the mother’s place of work (study, service) stating that she has not been granted leave.

The provision of parental leave is formalized by an order indicating the start date of the leave. A person on vacation has the right to interrupt it at any time, so indicating the end date of the vacation in the order is inappropriate; it is enough to indicate that the vacation is granted for the period until the child reaches the age of three years.

8. During the period of parental leave until the child reaches the age of three years, the employee retains his place of work (position). This means that an employee on vacation cannot be dismissed at the initiative of the employer or transferred to another job (position); he has the right to interrupt his vacation at any time, and this does not require the consent of the employer.

If during the employee’s stay on leave the organization has experienced a reduction in staff, then dismissal on this basis is possible only in compliance with the procedure established by Art. Art. 82 and 180 of the Labor Code, i.e., with a warning to the employee about dismissal at least two months in advance.

If another employee is hired to replace an employee who is on parental leave, then a fixed-term employment contract should be concluded with him in accordance with paragraph. 1 tbsp. 59 TK. When an employee on vacation returns to work, his replacement employee should be dismissed under clause 2 of Art. 77 of the Labor Code in connection with the expiration of the employment contract or, with his consent, transfer to another job (another position).

9. The vacation period is counted by the mother and other person caring for the child in the insurance period, continuous work experience, as well as in the length of work in the specialty. An exception is the length of service that gives the right to an early old-age pension. Since in order to count periods of work into the length of service giving the right to early retirement, it is necessary that the relevant work be carried out constantly during a full working day; periods of parental leave are not counted in it (see clause 4 of the Rules for calculating periods of work giving the right to early appointment old-age labor pension in accordance with Art. Art. 27 and 28 of the Federal Law "On labor pensions V Russian Federation", approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516 (as amended on May 2, 2006)).

10. In accordance with Part 1 of Art. 256 of the Labor Code, during the period of parental leave, state social insurance benefits must be paid, the procedure and terms of payment of which are established federal laws. Currently, such a law is Federal Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children,” which provides for the payment of benefits until the child reaches the age of one and a half years. Thus, parental leave is divided into two parts: the first - from the day the leave is granted until the day the child reaches the age of one and a half years, during which state social insurance benefits are paid; and the second - from the day following the day the child turns one and a half years old, and until the day he reaches the age of three years, during which payment of state social insurance benefits is not provided.

11. Child care benefits until the child reaches the age of one and a half years are paid to a person on vacation in the amount of 40% of his average earnings, but not less than 1,500 rubles. per month when caring for the first child and 3,000 rubles. per month when caring for the second and subsequent children and no more than 6,000 rubles. per month. In the case of caring for two or more children before they reach the age of one and a half years, the benefit is paid taking into account each child. If you are on leave to care for different children under the age of one and a half years different faces, then the benefit is paid to each of them.

12. The benefit is paid once a month on the days established for payment of wages.

When providing parental leave until the child reaches the age of one and a half years in installments, the child care allowance is paid in proportion to the number of calendar days (including non-working days). holidays) per month falling on parental leave (see clause 28 of the Regulations on the assignment and payment of state benefits to citizens with children).

13. For employees engaged in seasonal work, payment of a monthly benefit for the period of parental leave until the child reaches the age of one and a half years is made before the end of the season.

14. The benefit is assigned by the employer on the basis of an application for the assignment of a benefit, to which a copy of the child’s birth certificate must be attached, and if the benefit is paid not to the mother, but to another family member who is on parental leave, also documents confirming relationship (affinity) with the child and a certificate from the mother’s place of work (study, service) stating that benefits are not paid to her.

The benefit is paid only if parental leave is granted, however, persons working part-time or at home during the period of leave remain entitled to the full benefit.

15. The benefit is assigned from the date of provision of parental leave, if the application for it was made no later than six months from the date the child reaches one and a half years. If you apply for benefits later than the specified period, they will not be awarded.

16. In accordance with the Federal Law “On State Benefits for Citizens with Children,” the following are also entitled to benefits:

Mothers passing military service under contract, mothers or fathers serving as privates and commanding officers of internal affairs bodies, State fire service, employees of institutions and bodies of the penal system, bodies for control of the circulation of narcotic drugs and psychotropic substances, customs authorities and those on parental leave;

Mothers or fathers, other relatives, guardians actually caring for the child, from among the civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation, who are on parental leave;

Mothers or fathers, other relatives, guardians actually caring for the child, dismissed during the period of parental leave due to the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as connection with the termination of activities by other individuals whose professional activity in accordance with federal laws, is subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, and also mothers dismissed during the period of parental leave in connection with the transfer of their husband from such units to the Russian Federation;

Mothers dismissed during pregnancy, maternity leave in connection with the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws, is subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, or in connection with the transfer of the husband from such units to the Russian Federation;

Mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance (including full-time students in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education and those on maternity leave child);

Other relatives who actually care for the child and are not subject to compulsory social insurance, in the event that the mother and (or) father have died, been declared dead, have been deprived of parental rights, have limited parental rights, have been declared missing, incapacitated (limitedly capable), due to health reasons, they cannot personally raise and support a child, they are serving a sentence in institutions that carry out a prison sentence, they are in places of detention of suspects and accused of committing crimes, they are avoiding raising children or protecting their rights and interests, or they have refused to take their own children from educational, medical institutions, social protection institutions and other similar institutions.

17. In a number of cases, federal laws establish doubling the amount of benefits for the period of parental leave and extending the period for its payment until the child reaches three years of age:

Citizens permanently residing (working) in the territory of a residence zone with the right to resettlement (clause 7 of Article 18 of the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the accident at the Chernobyl nuclear power plant"), in the territory of a residence zone with preferential socio-economic status (Part 1, Article 19 of the same Law), in the resettlement zone before their resettlement to other areas (Article 20 of the same Law);

Citizens living in settlements exposed to radiation contamination as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River, where the average annual effective radiation dose is currently over 1 mSv (0.1 rem) additionally above the level of the natural radioactive background of the area.

18. In addition to state social insurance benefits, persons on parental leave to care for a child under three years of age are paid compensation payments in the amount of 50 rubles. per month on the basis of Decree of the President of the Russian Federation of May 30, 1994 N 1110 (as amended on April 17, 2003). The procedure for their appointment and payment was approved by Decree of the Government of the Russian Federation of November 3, 1994 N 1206 (as amended on August 4, 2006).

Compensation payments are assigned to mothers (father, adoptive parent, guardian, grandmother, grandfather, other relative who actually cares for the child) who are in labor relations with organizations, regardless of their organizational and legal forms, as well as women dismissed due to the liquidation of the organization, if they were on parental leave at the time of dismissal and do not receive unemployment benefits.

An application for the appointment of monthly compensation payments is submitted at the place of work (service), and by dismissed women - to the social protection authority at the place of residence. The decision to assign monthly compensation payments is made by the employer or the head of the social protection body within 10 days from the date of receipt of the documents. In case of refusal to assign monthly compensation payments, the applicant is notified in writing within 5 days after the relevant decision is made.

Monthly compensation payments are assigned from the date of provision of parental leave, if the application for them was made no later than 6 months from the date of provision of said leave. When applying for monthly compensation payments after 6 months from the date of granting parental leave, they are assigned and paid for the elapsed time, but not more than 6 months from the month in which the application for these payments was submitted.

Payment of monthly compensation payments is carried out for the current month within the time limits established for the payment of monthly benefits for the period of parental leave until the child reaches the age of one and a half years, and after the end of payment of this benefit - within the time limits established for the payment of wages.

Monthly compensation payments are made from funds allocated by organizations for wages, regardless of their organizational and legal forms.

Organizations and military formations financed from budgets exercise these rights at the expense of the corresponding budgets.

For persons working, serving, or living in areas where regional wage coefficients are established, the amount of monthly compensation payments is determined using these coefficients, regardless of the place of actual stay of the recipient during the period of parental leave.

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 length of service, 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 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 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, penitentiary services or bodies providing fire safety, is 100% of the average monthly earnings.

Assigned monthly allowance cannot be less than 1500 rubles per person. Father of many children cannot receive less than 3000 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 about administrative responsibility 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 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.