In the modern world, the question increasingly arises of who has the right to marry - the mother or father of the unborn baby. Despite the fact that many families adhere to the traditional position, arranging maternity leave for the father has recently become a popular solution to this issue.
Moreover, many women, trying to maintain a good job with high wages, are “rushing” to work. In this case, filing a maternity leave for your husband is very relevant and effective. Let's consider a situation when a woman wants to register it in her husband's name and when it is the child's father who goes on leave as required by law, and not his mother.
In Art. 256 of the Labor Code of the Russian Federation states that the father of a child can receive appropriate leave if he actually provides care for a child no older than 3 years. To obtain this right, a man must submit a standard application addressed to the manager at his place of employment and wait for a final decision on his part.
Additionally, you will need to confirm several facts at once in documentary order:
It should be noted that the father may not receive leave for the entire required period, but share it with the baby’s mother or grandmother. At the same time, every citizen must retain his job. This right is also reserved for the adoptive parent, subject to the provision of all supporting documents. In particular, we are talking about a court decision or other types of documentation.
The first and most important condition for applying for leave for the father of a child is considered to be actual confirmation of his care for the child and his wife. The basis in this case is an official application submitted to the employer.
Additionally, the child’s mother will need to obtain and submit one of the following certificates:
In general, to go on maternity leave, a man will need to perform several steps if his wife is unemployed, but in this case it is worth remembering a number of important points. When maternity leave is issued solely to receive a one-time benefit for the birth of a baby, it does not matter whether the father or mother is employed.
Employed citizens receive payments at the place of employment, and other persons, for example, laid-off workers or students, receive benefits from the social protection authorities. Based on this, the father does not have to go on maternity leave to receive financial assistance.
Again, the size of the applicant’s salary plays a big role when calculating the monthly child care benefit for children up to 1.5 years old. The higher the earnings, the larger the payment, but not higher than the established maximum.
To go on maternity leave, the child's father is required to prepare a package of mandatory documentation. The list of papers includes the following certificates and extracts:
All listed documents can be presented in person or sent by registered mail with notification. A standard application is considered a particularly important document when applying for vacation. Despite the fact that the application is written in any form, it must include the following information:
Only a correctly drafted application will guarantee that you receive the required payments and complete the application. All documentation provided must be current as of the date of application and completed in the correct manner.
Sometimes several children are born in a family at once, or, in other words, twins or triplets. The law establishes the possibility for one parent to apply for maternity leave for one child, and for the other for the second.
In this case, both mother and father receive benefits. In general, it can be noted that men’s maternity leave is no different from women’s. It is important that a man knows his rights and defends them at his place of employment or with the social protection authorities when applying.
Spouses have the right to choose which of them will go on maternity leave and which will remain at work. This right applies not only to the mother of the child, but also to the father. Today, men go on vacation quite successfully, giving women the opportunity to build a career.
To apply for maternity leave, a man will need to prepare a package of mandatory documentation along with an application and perform certain actions.
Maternity leave for men - is it possible? It turns out more than that. Below we will tell you how to arrange this and what payment you can receive for such release from work.
As a rule, it means a period of temporary incapacity for work during pregnancy and childbirth, as well as for caring for a child until he reaches one and a half years old and, in rare cases, until he reaches the age of three.
The employee receives release from work on the basis of a sick leave certificate and an application or a copy of the birth certificate (plus medical documents if, for example, it is necessary to register a longer absence from work due to the health of the baby) and an application.
Of course, maternity leave for a man does not provide for the first case, but can be officially formalized in the second. In addition, you can send working grandparents on such a vacation - but only one family member, and not two or all at once.
The papers required are the same as for a woman: a copy of the child’s birth certificate and an employee’s statement, as well as a certificate from the second parent’s place of work, indicating that he did not apply for such leave at his company. Keep in mind that by law, leave is granted strictly for one and a half years from the date indicated on the birth certificate. For example, if your child was born on the fifth of May, you will only be released from work until the fifth of November next year, even if you decide to go on vacation only in August.
Most often, it is not the mother, but another family member who goes on parental leave, if it is economically beneficial. Monthly payments for child care at home are only forty percent of the average salary for up to one and a half years, plus a compensation payment of fifty rubles for up to three years.
If, for example, the wife’s salary is much higher than her husband’s, or she is not officially employed, but receives a very good “black” salary, of course, it makes sense to register the stay at home in the name of the husband.
You need to remember that if an employee works part-time for several employers over the previous two calendar years, when she goes on maternity leave, she can receive benefits for all her jobs. But during parental leave, payments will be made only to one of the places of work - at your choice.
Therefore, if a family wants to send a part-time father to stay at home, expecting to receive forty percent of the salary from each organization where he worked, it must be taken into account that in order to correctly calculate the benefit, it is necessary to provide a certificate of part-time earnings to the main place of work.
In practice, it is not uncommon for a mother to be unable to provide adequate care for her newborn after childbirth. In this case, domestic legislation provides for a maternity leave for men, which can be used by the father of the family or the adoptive parent.
The concept of “” is not found in any modern Russian act or law. However, it is actively used by citizens and, in most cases, implies two consecutive time periods:
The first is provided exclusively to women (Article 255 of the Labor Code) for prenatal preparation, childbirth and adaptation. To receive it, a woman must be observed by a doctor, who, at the 30th week of pregnancy, issues a certificate of incapacity for work indicating the legally stipulated periods of leave for labor and labor (140-196 days, depending on the number of expected children and the course of the birth process). Consequently, men, for objective reasons, are not entitled to it. However, this applies only to biological parents.
If we are talking about the adoption of a minor under 2.5 months (including after birth by a surrogate mother), supported by the appropriate certificate, then in the case of adoption by spouses, both adoptive parents have equal rights to leave under the BiR.
Maternity leave for men is issued in the same way regardless of whether the wife works or not. However, if the wife was not employed at the time of the birth of the child, the husband has the right to receive a one-time benefit upon the birth of the child.
After the end of the sick leave, leave to care for a minor under one and a half and, subsequently, three years is issued. Both the mother and the father (and other relatives capable of caring for the newborn), as well as adoptive parents and trustees have the right to it. At the same time, the law prohibits both parents from going on parental leave at the same time.
The employer cannot refuse to grant leave to the father or guardian (Article 256 of the Labor Code of the Russian Federation). Otherwise, you must contact the labor inspectorate or court.
A man’s right to take leave to care for a child under one and a half or three years of age, as well as to receive money in legally established amounts, is determined:
Leave to care for a child can be taken out immediately after the end of sick leave according to the BiR until the newborn reaches one and a half (and, in the future, three) years. At the same time, there are three possible ways for a man to use his entitlement leave:
In practice, this application looks like this:
For the entire duration of the vacation, the man retains his place and position.
If the father is a part-time worker, he takes leave from one of the jobs of his choice.
To meet the needs of a minor, the citizen caring for him is provided with a monthly cash benefit by his employer up to the age of one and a half years of the child (Federal Law No. 81).
It is due to a person who has an insurance base. That is, a person must be officially employed and receive a certain income for at least the last 24 months or independently pay social contributions for themselves (being an individual entrepreneur or a lawyer, for example).
The algorithm for calculating benefits is as follows:
The maximum limit of the monthly allowance for caring for one child for 2018, based on the above calculation procedure, is 24,536.57 rubles. (RUB 1,473,000/730*30.4*0.4).
Automatic adjustment of the amount of payments occurs when the size of the possible minimum benefit changes upward.
Subsequently (from one and a half years to three years), the benefit has a fixed amount - 50 rubles. and is paid every month by the employer without paying social contributions or personal income tax. Its volume can be increased by the employer, but the additional amount is subject to tax.
06/20/2017 subordinate Afanasyev I.G. requested leave to care for his son for three years, starting, according to the application, on 07/01/2017 and ending on 02/01/2019. His monthly average earnings are 21,302 rubles.
Vacation pay is calculated as follows:
In addition to child care benefits, the father has the right to count on receiving the following monthly funds:
The Labor Code (Article 256) stipulates that parental leave up to the age of three is counted towards the following employee’s length of service:
This rule applies even if a man does not fully use the period due to him to care for a child. For men, the vacation period is not included.
A man on maternity leave can work part-time in the office or at home, if the specifics of his work allow this. at the same time, the duration should not exceed the permissible operating time of Articles 91 and 94 of the Labor Code.
In order to exercise his legal right and take parental leave, the father must prepare a package of documents including:
The document from clause 4 is provided by the woman’s employer (or insurance fund) upon her request. Its form is not unified, but must contain:
The form of an application for parental leave drawn up by a man is also not defined at the federal level. Despite this, it is advisable to indicate:
Registration of parental leave by the father involves the following steps:
The order may not indicate the end date of the vacation. This is done so that the man can begin his duties before its completion.
The provision of leave to contract military personnel is regulated by Presidential Decree No. 1237. Unlike civilians, military personnel have the right to go on leave for no more than a quarter and only if:
To do this, the military man is obliged to submit a report to his immediate command, attaching the necessary package of documents.
While waiting for a new addition to the family, many parents wonder what types of payments are guaranteed by the state and are received only by a pregnant woman, what types of payments can be transferred to the father of the unborn child, and in what order these payments are provided.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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The procedure for providing payments to a woman on maternity or maternity leave is carried out on the basis of the following regulatory documents:
By providing women with social guarantees in the form of rest associated with pregnancy or childbirth, as well as for caring for a small child, the state assumes an obligation to provide them with financial support.
Highlight next payments listed in the maternity leave:
A one-time payment to the father in connection with the birth of a child is made subject to the condition of his birth being fully viable. When the child is declared unviable, no payment is made.
In the event that several children are born, the benefit must be paid for each child.
Benefit amount today is 16,759.09 rubles.
You can get this benefit at the place of work, that is, through the employer’s deduction of contributions to the social fund, as well as to persons who are not officially engaged in work, through the social security department at their place of residence.
Not allowed the father receives this benefit in the event of:
In order for the father to receive money at his place of work, it is necessary submit a corresponding application. The document must include the following information:
To the application must be attached:
When both parents do not carry out work activities, then the payment of funds is carried out by social protection at the place of their residence.
To receive benefits, you must contact the department and provide the following information:
Please note that an application for a lump sum payment must be made no later than six months from the moment the baby is born. 
The legislator has established that the opportunity to receive benefits related to the birth and upbringing of a child is assigned not only to the mother, but also to the father.
In the case where the spouses have official work at the time the wife goes on maternity leave, they independently determine which of them will receive the benefit, paid once after the birth of the child, and which of them will be paid child care.
In case lump sum payment transferred from her husband's place of work, the woman must take a document from her place of work stating that she these funds were not paid. The husband must submit this document to the accounting department of his enterprise, after which the funds are transferred.
In the event that the issue is resolved in relation to benefits for raising a child, then who the recipient will be, as a rule, depends on which of the spouses has a higher salary, since the amount of this benefit is equal to 40% of the income level of the person caring for the baby.
To receive these funds the father must file a statement:
To the application about the transfer of funds The following package of documents is attached:
If the father has several official jobs, then he can submit an application for funds to all organizations.
The amount of payments will be increased if there are several children, but the entire amount cannot be more than 100% of the father’s salary.
In cases where a woman did not have an official place of work or did not work, her husband can still apply for maternity leave and money to care for the baby. The registration procedure is similar, with one caveat. A document stating that the woman did not exercise the right to receive financial assistance must be issued social protection of the population at your place of residence.
The state provides the opportunity for both parents to go on leave and receive maternity payments only when two or more children are born in the family at once.
In this case, the mother arranges maternity leave at her place of work to care for one of the babies, and the father at his place of work to care for the second.
Procedure for receiving funds involves submitting the following applications:
About the father’s right to take parental leave, see the following video:
In a family where the birth of a child is expected, situations are possible when only the expectant father works or the mother decides not to stay at home with the baby and returns to work soon after giving birth. Can a husband receive maternity benefits instead of his wife? What benefits can he count on? How is the receipt of maternity payments by the father formalized? You will find answers to these questions in our article.
Maternity payments are the name given to benefits for pregnancy and childbirth and for child care up to one and a half years of age. These funds are traditionally received by the child's mother, but we will find out whether the father can receive maternity benefits.
If the expectant mother works and social insurance contributions are paid for her, she has the right to take pre- and postnatal leave (B&R leave) at the 30th week of pregnancy. Based on the sick leave issued by the doctor, taking into account the average salary, she is awarded maternity benefits. It is logical that no one except the woman herself will be able to receive such benefits, so it is impossible to apply for these maternity benefits for any of the relatives, including the husband. If a woman is unemployed, she herself will not receive this benefit.
Monthly allowance for caring for a child up to 1.5 years old assigned for the period of being on vacation of the same name, amounts to 40% of the average salary, and is accrued to non-working people in the minimum amount. The mother has the right to refuse this leave in order to immediately return to work at the end of postnatal leave. Then any relative can stay at home with the child, receiving benefits for up to 1.5 years. Is it possible to arrange maternity payments for my husband? Of course, but at the same time he will have to leave work for a while and “go on maternity leave” himself, taking leave to care for the baby (Article 13 of Law No. 81-FZ of May 19, 1995).
A father can receive child benefits from the day his wife completes her BiR leave, and if she does not have a job, then from the day the child is born, provided that he provides the employer with a certificate from social security stating that the wife did not receive maternity benefits.
There is another payment that a father can receive without going on maternity leave when the child arrives - one-time benefit for a newborn. Each parent has the right to receive it equally, but it is paid to only one of them. The benefit is the same for employed and unemployed people - it is 16,350.33 rubles. in 2017 (Resolution of the Government of the Russian Federation dated January 26, 2017 No. 88). If one parent works and the other does not, the benefit will be assigned to the working one. When both parents are unemployed, only one can apply to the social security agency for benefits.
To apply for parental leave and receive benefits every month, a working father of a family must contact his employer. He has the right to “go on maternity leave” even if the work is done at home, or he devotes part-time work to it, the main thing is that he is insured by social insurance and the Social Insurance Fund insurance contributions for “disability and maternity” are accrued for him. Unemployed fathers apply for benefits to the social security authorities at their place of residence.
Before applying for maternity leave for her husband, the child’s mother needs to take a certificate from her job (if she is not working, from the social security agency), confirming that she did not receive this benefit. Then you need to prepare the documents:
The deadline for applying for benefits is 6 months after the child turns 1.5 years old, that is, before he reaches the age of two.
The father's benefit is assigned within 10 days after receipt of the documents. It is paid monthly on payday. When payments are made by the social security authority, the benefit is transferred by postal order, or to the details specified in the application, on a certain day of the month.
It does not matter when the application for the benefit was submitted - in any case, it is paid for the entire period from the first day of parental leave until the day the child turns 1.5 years old (Article 14 of Law No. 81-FZ).
As you can see, the answer to the question “can a husband receive maternity benefits?” positive, but this only applies to one type of maternity benefit - benefits for a child under 1.5 years old when the father goes on maternity leave. In addition, the father of the child, along with the mother, has every right to receive a one-time benefit upon the birth of the baby.
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