A man going on maternity leave: features of the leave, payments, accounting for length of service

How many days does it take by law?

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2020 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

• Labor and labor leave is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, the woman will still be granted the total number of days of maternity leave.

Below is the duration of labor and labor leave before and after childbirth for different categories of women.

Maternity leave table

For pregnant women who live or work in contaminated areas, maternity leave is extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For a woman adopting a baby under 3 months of age, the duration of maternity leave may be shorter:

• The leave begins to count from the day the court decision on adoption comes into force.
• Maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Registration procedure

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.

Does maternity leave count towards a man's length of service?

After the man has provided his employer with all the necessary documents, maternity leave is issued for the husband to care for the baby.
It must be remembered that labor legislation does not make any distinction in the provision of leave based on who exactly took it. Therefore, for both spouses it is provided and recorded in the same way.

To provide leave, the employer issues an order T-6 or an order in free form. Also, during the vacation period, the man retains his place of work and position.

In addition, the law does not prohibit him from going to work early, but to do this he must inform the employer of his intention by drawing up an application.

The employer has the right to hire another employee for the period of care leave, but to do this temporarily on the basis of a fixed-term employment contract.

The time spent on vacation is included in the length of service and length of service in the specialty.

Holiday to care for the child

At the end of maternity leave, the young mother is not required to go to work; the next one begins - for care up to 3 years. After giving birth, you must write an application at work and provide the following documents:

• child's birth certificate;
• a certificate from the father’s place of work confirming that he did not take leave for up to three years.

If you are tired of being on maternity leave, or other circumstances arise, you can go back to work, and your spouse, grandparents, and guardians can take parental leave.

Care allowance

This benefit is paid until the child turns one and a half years old. From one and a half to three years, a monthly compensation of 50 rubles is paid. The person caring for the child can receive benefits and compensation; the grandmother will receive benefits based on her earnings.

To receive you need:

• application for benefits;
• birth or adoption certificate of the child being cared for;
• birth or adoption certificate of previous children in the family;
• a certificate from the husband’s place of work stating that he does not receive benefits;
• salary certificate for the last two years from previous places of work.

Usually, the employer asks you to write a statement and submit documents along with the vacation application. Basically, the monthly benefit is 40% of average earnings.

Example of calculating care allowance

Masha’s payments for two years amounted to 1,500,000 rubles, and she worked only 700 out of 731 days, the rest was on sick leave.

When calculating this benefit, we will also subtract days spent on sick leave or on parental leave.

Let's calculate: 1,500,000 divided by 700 (number of days worked), multiplied by 40% (to multiply by 40%, multiply by 40 and divide by 100) and multiply by 30.4 (average number of days in a month), we get 26,057 rubles .

• The benefit from January 1, 2020 cannot be less than 4,512 rubles if the first child was born, and 6,284 rubles (from February 1, 2020 - 6,554.89 rubles) if the child is the second and subsequent.
• The maximum from January 1, 2020 is 26,152.27 rubles. Therefore, Masha will receive 26,057 rubles every month until the child reaches one and a half years old.

Benefit calculation example

06/20/2018 subordinate Afanasyev I.G. requested leave to care for his son for three years, starting, according to the application, on 07/01/2018 and ending on 02/01/2021. His monthly average earnings are 21,302 rubles.

Vacation pay is calculated as follows:

• up to 1.5 years, from 07/01/2017 to 08/01/2017: 21,302 rubles. * 0.4 = 8.521 rub. monthly

• from 1.5 to 3 years: 50 rub. every month

In addition to child care benefits, the father has the right to count on receiving the following monthly funds:

1. Benefits in connection with the birth of a child starting from February 1, 2020. RUB 18,143.96. for every person born. The father receives it if the mother has died or is incapacitated, or was not officially employed.
2. Payments introduced in 2020 by Federal Law No. 418 of December 28, 2017 and provided if income does not exceed one and a half subsistence minimums. Payments are equal to the cost of living for a child (depending on the region of his birth), but not less than 10,532 rubles.

How to calculate maternity leave payments?

To calculate the amount to be paid when applying for maternity leave in 2020, it is necessary to make rather complex calculations.

Before you begin calculations, you need to have the following information:

• the amount of the vacation worker’s salary for the previous two years (2017 and 2018);
• the number of days in these two years (365+365=730);
• the presence and number of days that must be subtracted from the total (sick leave days, rest days without pay, during pregnancy);
• the amount of the minimum wage (minimum wage);
• rates of maximum social benefits;
• total work experience.

To calculate the amount, first calculate the average daily earnings, i.e. the total amount of income is divided by the number of days (for a total of 2 years minus those excluded).

The next step is to multiply the average daily amount by the number of vacation days indicated on the sick leave.

When calculating, there are the following nuances, which take into account not wages, but other initial data.

1. If the amount received for the month is less than the minimum wage established as of the current date, then vacation pay increases to this indicator
   (9489 at the end of 2020).
2. If the work experience is insignificant, calculations are not made, but the minimum wage rates are taken immediately.
3. If salaries are high, they must be compared with the maximum indicators of social payments (in 2020 - 855 thousand per year) and vacation pay must be accrued within the specified limits.

Procedure for applying for maternity leave

At the first stage, it is important to draw up the necessary documents, according to which the employer will provide the days. The main document is a statement containing: data from the head of the organization; personal data of the baby’s father; information about the minor; date of leave and its duration

The application must be submitted no later than seven weeks before the start date of the expected vacation time

In addition to the application, it is important for a man to prepare a passport, a certificate issued at the birth of a child, a document confirming the registration of the union by the spouses, a certificate of incapacity for work for his wife, a copy of the woman’s work record book; a certificate indicating that the mother was not paid similar benefits

After handing over the full package of papers to the employer, the employer is obliged to issue a vacation within ten days (according to the Labor Code of the Russian Federation and legal acts in the field of insurance). The organization prepares the order and calculates the payments due to the employee. After this, the documents are sent to the FSS. The body reimburses the expenses incurred by the employer by transferring funds to him in accordance with the provided report.

The following should be sent to the Fund:

• a man’s application for benefits and vacation days;
• order of the organization on the assignment of payments;
• birth certificate of the baby;
• a document received from social security authorities stating that the child’s mother did not apply for government support measures.

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Question:

Will maternity leave be counted towards the father's length of service?

Answer:

After taking leave, the man retains the right to his position in the organization. While an employee is on maternity leave, his or her work experience will be counted in full. The manager is obliged to take this fact into account and not indicate vacation in the work book. In addition, the employer does not have the right to terminate the employment contract with his employee.

Can a man go on maternity leave in Russia? What payments are due to the father?

Photo project by Swedish photographer Johan Bauman about the life of men on maternity leave in Sweden

Both parents must take care of the children. The law allows men to go on maternity leave instead of women. The main thing is to familiarize yourself in advance with the design features associated with such a procedure. Mom also needs to take certain actions so that maternity leave for men is arranged correctly.

Can fathers go on maternity leave in Russia? On what terms?

After the birth of a child, a woman has the right to take leave to care for a new family member. She is also entitled to additional payments from the social insurance fund.

For some time, such payments are compensated at the expense of the employer. For this, you have the right to apply for a tax deduction to compensate for part of the expenses. In connection with this direction, the following rules apply:

• 40% of the average salary is paid to a citizen during the first year and a half after the birth of a child.
• After this, the size of social payments is reduced, they will amount to only 50 rubles per month.

But other family members also have the right to take maternity leave. This applies not only to the father, but also to the grandparents. Therefore, the answer to the question of whether a man can go on maternity leave is positive.

One of the reasons for husbands to take maternity leave is, for example, the wife’s high salary. Sometimes it is simply useful for women to take breaks from maternity leave when returning to work.

Interesting. One of the mandatory conditions for resolving the issue is a written statement where the mother refuses the leave itself and the benefits associated with it. Both parents cannot use this opportunity at the same time.

When the father is on leave, the following rules apply:

• The period of maternity leave is included in the length of service.
• The place of work is retained.

Maternity leave can be used in full or in parts, depending on what is more convenient.

Fathers have the right to simultaneously receive leave benefits and work, but only part-time. In this case, the latter can be set at 7 hours.

Interesting fact! Even if the mother does not work, the father can go on maternity leave.

Conditions for parental leave in the case of fathers

The main condition, as in the case of regular leave, is that the leave is actually granted to a minor family member. The basis on which maternity leave is issued for the father is an application drawn up by the employee.

The right to leave arises if at least one of two certificates is provided by the wife:

1. Confirmation that the citizen does not receive additional benefits. 2. That maternity leave has not been issued for the child’s mother.

Applications must be submitted in any form. After this, a corresponding Order is issued, which describes the maternity leave for men.

Legislative framework for maternity leave for fathers

The following regulatory documents are used to regulate this issue:

• Order of the Ministry of Social Development, dated 2007, No. 74.
• Order of the Ministry of Social Development of 2012, No. 1012n.
• Order of the Ministry of Labor, No. 182, issued in 2013.
• Federal Law No. 255. Dedicated to compulsory social insurance in case of temporary disability.
• Federal Law No. 81 - describes government payments for persons with children. Maternity leave for the father, if the mother does not work, is issued on the basis of the same standards.

Duration of maternity leave

The father can go on maternity leave immediately after the woman finishes resting after pregnancy or childbirth.

It is necessary to warn the manager at least 7 weeks before the fundamental right is used.

There is no unified application form to the employer; the document is sent in two copies. The duration of such a vacation is standard and can range from 1.5 to 3 years.

Are there payments to the father of the child?

A working husband retains the right to receive child care benefits in the amount of 40% of his previous salary every month - at least until the baby turns one and a half years old. The mother's work or lack thereof does not matter in this case.

Payments are suspended when the baby reaches the age of 1.5 years. After this, the compensation will be 50 rubles monthly until the child reaches three years of age. For such compensation it is necessary to draw up separate statements to employers.

The standard amount of benefits for working fathers is 40% of average earnings. The types of income received over the previous two years are taken into account. If your earnings are less than the minimum wage in the region or your work experience is less than six months, the minimum values ​​are taken to calculate the amount of benefits. Control officials will always tell a man how to go on maternity leave.

How is work experience recorded?

The laws contain information according to which this period is included in several types of accounting at enterprises:

1. According to experience in specialty.2. Based on continuous work experience.

3. By total length of service.

The position and salary are retained under any conditions. At the same time, there is the right to divide the period of three years into different parts. Whether the father can go on maternity leave during this period has already been discussed earlier.

Documents required for registration

In addition to the free-form application itself, the following attachments will be required:

• Civil statements from each parent;
• Certificate from the civil registry office in form 24-F;
• A certificate stating that the payment was not transferred to the spouse at the place of employment;
• Document on the birth of children (birth certificate).

The Social Security Service is responsible for payments at the place of residence if neither spouse has an official salary.

In order for the benefit to be paid, regulatory authorities will need the following information:

1. Papers confirming that benefits were not paid before.
2. Document with information regarding work experience.
3. Civil IDs from each parent.
4. Document from the registration department. Confirms cohabitation with the child.
5. SNILS of all family members.
6. Certificate in form 24-F about the birth of a baby.
7. Application for maternity leave for men in Russia.

Can an employer refuse? In which cases?

Employers are rarely interested in their subordinates taking long vacations. But in relation to women, the least number of obstacles are created in this matter. But the desire to arrange a vacation in the name of your father may meet with a sharply negative attitude.

Interesting. In practice, most often in such situations they refuse or put pressure on the participants in the process. Many may ignore the laws, leaving such requests simply unanswered.

Such refusals without a serious reason are unlawful. The employer does not have the right to refuse if all documents are collected and the application is completed without errors. To protect your rights, you can turn to several authorities: the labor inspectorate, the prosecutor's office, the judge.

Before such requests, you can remind the employer that refusal without serious reasons can become a legal basis for bringing to administrative liability. Maternity leave for the father of a child is no exception.

A difficult situation is developing in areas related to the military. An appeal to the European Court of Human Rights is the only remedy for such situations. The Russian legislator believes that a military man does not have the right to go on leave, even because of the birth of his son.

Practices in other countries regarding paternity leave

Laws generally do not require any reasons for taking leave to be stated. It doesn't matter whether they are respectful or not. In European countries, it has long been a common practice for men to go on parental leave.

Different countries have different rules:

1. In Germany, men can count on increased benefits for the birth of a child if it is the father who goes on vacation.

2. In Sweden, you are required to arrange such a vacation for at least a month after the baby is born.

About the structure of statements

Several generally accepted conditions have been developed, subject to which the paperwork is processed in a simplified manner:

• The addressee of the application must be in the upper right corner.
• Usually this part contains the name of the employer, or the regulatory body responsible for social protection.
• The author of the application must indicate his full name. It is also impossible to do without passport data and residential address.
• In the middle they put a title related to the document itself.
• Next comes the text of the appeal itself. There they write about their request and the dates when they plan to go on vacation or leave it. They write separately about the method by which benefits related to care are transferred.

The last ones describe the documents that are used as an attachment to the application. This is followed by a signature along with the date. If a man goes on maternity leave, payments and the rules for calculating them remain standard.

Sample application for maternity leave for child care for men

Regarding non-working and unemployed mothers

Unemployed mothers are not left without payments; they can register at the city employment center, where they will apply for unemployment benefits.

This status does not give the right to receive benefits related to pregnancy and care, however, at a later date, you can issue a certificate of incapacity for work, which will eliminate the need to visit the employment center during the specified period.

There is a benefit that is calculated once after the birth of the baby. Often the child’s father determines the possibility of receiving such assistance for an unemployed mother. If the father works, then the benefit is issued directly at his place of work. If both parents do not work, the city social protection center issues the money.

An unmarried woman also receives this assistance at the social protection center. Full-time students can choose one of two ways to receive benefits:

1. Fixed deductions every month from the moment of birth until the age of one and a half years.
2. Fixed deductions from the end of the academic leave until the child reaches one and a half years of age.
3. Deductions will be equal to the current scholarship amount.

List of documents for going on paternity leave in 2020 in the Russian Federation

To obtain the right to care for a young child, the legal father must prepare the following package of documents:

• work book in a copy from mother and father;
• a certificate from the Employment Center if the mother or father has the status of unemployed and does not have an official place of work;
• a birth certificate issued in the registry office, necessarily with a record of the father;
• a court decision to confirm paternity, if information about the man was not included in the document on the origin of the minor;
• an application addressed to the employer for leave for a certain period;
• from the mother - in case of employment, a certificate stating that she did not take advantage of the right to leave in connection with raising a child or children from the employer or in case of unemployed status - from the Employment Center;
• bank details or card number - for crediting funds by the state or enterprise;
• Additionally, SNILS and TIN certificate may be required.

All specified documents must be submitted to the personnel department of the enterprise at the father’s place of employment. Based on the petition, an order will be issued to the manager. It indicates the exact dates of going on vacation and returning to perform work functions. This period can range from 1.5 to 3 years from the birth of the baby at any time. If a man does not have an official place of work, then an application for payments is submitted to the social protection agency to receive financial support from the state during this period.

In case of normal relations with management, it is advisable to warn in advance about going on vacation. If you will be on vacation for a long time, this will help you find an employee for the specified period to avoid downtime.

Can a man go on maternity leave?

Can a man go on maternity leave if his wife is unemployed and does not receive an official salary? Maternity leave is provided for the period of pregnancy and childbirth, so only the woman can take advantage of it personally. However, parental leave for up to one and a half or three years can also be granted to other relatives - father, grandmother, grandfather, etc.

What is maternity leave

For the purposes of this article, we will consider maternity leave to be the period of caring for a child until he turns 1.5 or 3 years old (the law separates the two specified periods of leaving the workplace). Here are the rules established for granting parental leave for a minor child:

1. You can take advantage of this benefit only after completing the maternity leave granted to the woman;
2. a person who has family ties with the child - mother, father, grandmother, grandfather, etc. - can apply for this leave;
3. If a citizen who has decided to care for a child is officially employed, his job is retained for the period of vacation, and the management of the enterprise is obliged to partially compensate his earnings (we will discuss the amounts of payments below).

Note! The employer does not have the right to refuse to provide a man with this benefit. However, when submitting an application, you must confirm that the leave has not been granted to another relative, and, above all, to the child’s mother.

The law allows only one of the relatives to go on this leave, so it is necessary to carefully calculate the feasibility of such a decision.

Leave rules

When planning to submit an application to your employer to take the specified leave, consider the following nuances:

• You can take advantage of the benefit at any time until the child turns three years old;
• Leave can be granted not only in its entirety, but also in parts, i.e. you can officially leave your job, then return again, and leave again (however, in each case you still need to write an application addressed to the employer);
• until the child is 1.5 years old, the employer is obliged to pay the man up to 40% of average earnings, and until he turns three years old - to pay a fixed allowance of 50 rubles.

A man on maternity leave receives the same set of benefits as a woman. He retains his job (management can hire another employee on a temporary basis), he will be paid part of the average salary, etc. At the same time, it doesn’t matter whether his wife is employed or not—you can go on maternity leave even if the woman is unemployed.

Here is the algorithm of actions a man will have to follow when exercising his right to leave:

1. you need to wait until the end of maternity leave, which is due to every woman;
2. it is necessary to collect a set of documents - the child’s birth certificate (it must contain a record of the baby’s father), a copy of the woman’s work record book or a certificate from the employment authority (to confirm the status of unemployed);
3. you need to fill out a written application addressed to the employer, in which you indicate the duration of the vacation provided;
4. Based on the application, the head of the enterprise issues an administrative order according to which payments will be calculated.

Since the employer cannot refuse to provide leave, we can only talk about agreeing on the date of temporary departure from work. If relations with management are normal, it is advisable to notify in advance about the upcoming maternity leave so that a temporary worker can be found at the enterprise.

To confirm the right to maternity leave, it is necessary to prove that the woman does not care for the child with payments at the expense of the employer. To do this, submit a copy of the work record about the absence of employment, or a certificate from the employment or social protection agency.

If a woman is officially assigned the status of unemployed, she receives maternity benefits directly through the employment authorities.

By agreement with the employer, you can go on vacation on a part-time basis. In this case, the man retains part of his maternity benefits and can also receive partial earnings for performing labor functions.

What does a man get on maternity leave?

Cash payments when a man goes on maternity leave do not differ from similar rules for a woman. Here are the payments a family with a newborn child can expect for a man on maternity leave:

• until the child is 1.5 years old, a man will be able to receive up to 40% of average earnings at the employer’s expense;
• for the calculation, all transfers to the employee over the last two years are taken into account, with the exception of financial assistance and a number of other compensatory additional payments;
• starting from the first day of going on leave until the age of three, an allowance is paid for each child in a fixed amount - 50 rubles. (the specified amount is paid until the child reaches the age of one and a half years, along with part of the average earnings).

When calculating 40% of the average earnings, the accounting department will have to take into account the legal limitation. Currently, the maximum monthly payment amount cannot exceed 23,120.66 rubles.

It is this amount that the employer can subsequently compensate from the social insurance fund. Exceeding the specified amount can only be at the expense of the employer’s own funds.

In order to protect families with children, the law also provides for minimum limiting amounts for maternity payments. If there is one child in the family, the amount cannot be less than 3,120 rubles, and for the second - 6,131.37 rubles.

If, when calculating 40% of average earnings, it turns out that the payment does not exceed the legal minimum, the employer will take the specified amount as a basis.

If several children under the age of one and a half years are cared for at the same time, the maximum amount of payments per family cannot exceed 46,240 rubles.

The nuances of maternity leave for men

​If a man does not work under an employment contract, calculating maternity benefits based on average earnings is not possible. In this case, the calculation will be based on the minimum wage in effect at the time of filing the application. This calculation procedure applies to an unemployed man working as an individual entrepreneur, lawyer or notary.

Payments for these categories of citizens are made to the Social Insurance Fund account, and the application is submitted to the social protection authorities. In this case, the set of documents will be similar to the situation with going on maternity leave from your main job.

Additional documents will be a certificate from the Social Insurance Fund and a TIN certificate. Accordingly, the amount of payments in this case will be no less than 3,120 rubles. for the first baby, and for the second – no more than 6,131.37 rubles.

You also need to know that during the period of maternity leave, your work and insurance experience is not interrupted. Upon subsequent retirement, maternity periods will be included in the total length of service, which gives the right to social benefits. An entry in the work book about going on maternity leave is not made, and the order for the enterprise is reflected only in personnel records.

Source: https://law03.ru/labor/article/kak-ujti-v-dekret-muzhchine

Maternity leave in 2020 and its impact on cash benefits

Next year, the duration of this leave will be from 135 to 180 days, which depends on the conditions of childbirth or adoption. After giving birth, the mother has the right to receive monthly maternity benefits, unless she has previously lost this right.

You can go on maternity leave from the 28th or 30th week. In particularly polluted areas - from the 26th week. Already on the date of going on vacation, future benefits begin to be counted. The date is determined solely by the doctor monitoring the development of the fetus. You will not be able to change the date later.

In 2020, pregnancy funds will be indexed from the beginning of February. This means that total benefits will not increase significantly compared to the previous two years.

Features of applying for parental leave for the father in the Russian Federation in 2020

According to the law, as a matter of priority, leave time for the maintenance of a young child is granted first of all to the mother. If she does not have the opportunity to take a break from work due to employment or other reasons, then her father or other direct relatives - grandparents - have the right to take advantage of this opportunity. In order to legally be on vacation, you must follow all the rules and consistently prepare administrative documentation.

Going on vacation can be carried out subject to the following conditions:

• You can take rest time at any time until the child turns 3 years old;
• The amount of security will depend on the average salary of the employee and the age of the child - up to 1.5 years the employer pays an amount calculated from income in the amount of 40% every month, from 1.5 to 3 years security is provided from the state in the amount of 50 rubles. monthly, so in the second case the father will need to take care of his material well-being on his own;
• taking leave is possible even if the mother does not have an official place of employment or is listed as unemployed;
• It is necessary to submit an application for leave time due to being with a young child while maintaining a job and receive an order to this effect, certified by the head of the organization; at the same time, it is required to provide a birth certificate confirming the relationship;
• it is necessary to wait until the time of pregnancy and childbirth, this time of maternity leave can only be taken out by the mother, the father is not granted such a right by the Labor Code of the Russian Federation;
• if the parents are not officially married at the time of birth and there is no entry about the father on the birth certificate, then the situation can be resolved in several ways - the woman, from her words, will have information about her second parent recorded in the registry office, if this fact is not disputed, then paternity remains in force, or submit an application to the court for recognition of paternity, or adoption, adoption into a foster family through the guardianship and trusteeship authorities at the place of origin of the newborn

What guarantees are provided to men in connection with maternity leave?

The Labor Code of the Russian Federation establishes certain guarantees for persons who go on maternity leave. Such guarantees include the following:

1. Retention of the employee’s place of work for the entire period of maternity leave;
2. Inclusion of maternity leave in the length of service (both general and continuous), as well as work experience in the specialty (except for premature retirement due to age);
3. For the father and mother of the baby, the period of caring for him up to 1.5 years is included in the insurance period.

It is important to know! Maternity benefits are not subject to personal income tax.

Maternity leave

Pregnant women are granted special maternity leave. It usually starts 70 days before your expected due date.

How long does it take to go on maternity leave in Russia?

What week and exact date will the doctor tell you at the antenatal clinic appointment at 6 months of pregnancy. Usually people go on vacation from the 30th week of pregnancy - at a period of 7 months.

Maternity leave lasts 140 days for uncomplicated natural childbirth. 70 days are given before childbirth and 70 after. The doctor determines the date, but often it does not coincide with the actual date of birth. Therefore, regardless of it, after 140 days, according to the law, the vacation ends.

A pregnant woman expecting more than one child is sent on leave 84 days before giving birth, gives birth and rests for another 110 days. A total of 194 days, instead of 140.

Extension of leave by law

When childbirth is complicated, for example, if a pregnant woman undergoes a caesarean section, then she claims 86 days of leave after childbirth. To do this, in the maternity hospital the doctor writes out a certificate of incapacity for work to provide to the employer in addition to the main sheet.

Can a husband take maternity leave if his wife does not work?

The legislation establishes that parental leave can be taken out by the father, the main condition is that at this moment the mother is not on leave to care for the same child. If a woman was not working at the time of giving birth, she cannot go on vacation, since she is not officially employed anywhere.

Due to the fact that she did not issue a certificate of incapacity for work, she, in fact, did not have a period of maternity leave. Therefore, in this situation, maternity leave for the father in a situation where the mother does not work can be granted from the very birth of the child.

This rule also applies to other relatives who, according to the rules, can take care of the baby.

Types of benefits

Today in the Russian Federation, young mothers and families with children are offered a large number of diverse benefits. As for the unemployed, like others, regardless of status and professional activity, they have the right to receive the following payments:

• one-time payment in the amount of 15,512.65 rubles;
• monthly in the amount of 2908.62 rubles for the first child and 5817.24 rubles for the second and subsequent children. Paid until the end of one and a half years. Regardless of whether a woman is employed or not, she can count on a number of additional payments, namely such as:

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1. Social benefits provided monthly:

• Low-income large families will be provided with an amount that is established at the regional level for the 3rd and subsequent children under three years of age.
• To raise a child whose father is a military man. A payment is made in the amount of 10,528.24 rubles until the age of three. The payment can be provided to both the mother and the guardian who is raising the baby.
• If the child is placed in foster care with another family. In this case, the family will receive 15,512.65 rubles. The form of placement of the baby does not matter: foster family, guardianship, adoption or guardianship.

1. Social benefit, which is provided at a time:

Provided to the wife of a conscript who is pregnant. The size is 24565.89 rubles. Moreover, the pregnancy should not be less than 180 days.

It should also be noted that currently non-working mothers are also divided into certain categories:

• never worked;
• temporarily unemployed;
• dismissed upon liquidation of the enterprise.

And those expectant mothers who became temporarily unemployed due to the liquidation of the enterprise can count on the fact that payments will be made to them directly from the Social Insurance Fund.

Maternity leave for military personnel

For military personnel, maternity leave is provided in accordance with the above-mentioned Presidential Decree No. 1237. However, there is a main rule here: time off to care for children is provided only to women who are in military service. Men can apply for such relief in exceptional cases.

A man who is serving in military service has the right to apply for maternity leave for a period of no more than three months. Moreover, only in the following situations directly related to the mother:

• Died during childbirth;
• Undergoes long-term treatment in hospital;
• Convicted and in prison;
• She was deprived of parental rights.

Important! A father who is a military serviceman has the right to take short-term leave if he is recognized as the sole guardian of a minor (under 14 years old), as well as a child with a disability (under 16 years old).

If a man has taken maternity leave, then after 3 months he must go to military service. Extension of maternity leave is not permitted. The only way out is to stop performing military duties through dismissal.

Working on maternity leave

A young mother can work on maternity leave and keep benefits only if she works:

• part-time work;
• under a civil contract;
• at home.

Part-time working hours are not established by law. You can work three hours a day, two days a week, or you can work seven and a half hours, five days a week, this will also be considered part-time. The main thing is to come to an agreement with the employer and not arouse suspicion in the Social Insurance Fund.

Is work experience valid during maternity leave?

The length of service fully includes maternity leave, as well as one and a half years of parental leave.

If the mother or father took out care leave several times (for several children), a total of a maximum of 6 years of such leave can be included in the length of service (clause 3, part 1, article 12 of the Law of December 28, 2013 N 400-FZ).

The remaining one and a half years of maternity leave are not counted towards the length of service. An exception is maternity leave to care for a child with a disability. In this case, the length of service will include the entire period of caring for him.

Legal regulation of the issue

The right of a man to be on maternity leave to care for a newborn child is enshrined in the Labor Code of the Russian Federation in Article No. 256. According to paragraph 2 of this article, care leave can be granted to the father, grandmother, grandfather and other related persons caring for the baby.

At the same time, paragraph 3 of the article gives the right to a man officially employed by an enterprise, upon his personal application, to work part-time or at home while maintaining a monetary benefit.

Also, this right of a citizen is regulated by Federal Law No. 81 of May 19, 1995 (as amended on July 29, 2018) “On state benefits for citizens with children,” in particular, Article 13.

Moreover, if a man is a military serviceman, then, according to Article 11 of Federal Law No. 76 “On the Status of Military Personnel”, paragraph 13, he does not have such a right. The information provided regulates this opportunity only for female military personnel.

How to apply for maternity leave for your husband

A man cannot receive maternity benefits themselves, but a lump sum payment at the birth of a baby and an allowance for up to 1.5 years can be issued in his name.
To do this, you must provide an application, a document on the birth of the child and a certificate from the mother’s place of work, which confirms that she did not apply for or receive this benefit.

If a man does not work, then a notarized extract from the work record book indicating his last place of work will be required.

Can a husband receive maternity leave and work?

While on maternity leave, the husband can work from home or part-time at the workplace and receive maternity benefits. During the vacation period, his position and place of work are retained.

According to Art. 256 of the Labor Code of the Russian Federation, an employee may be at work part-time, while retaining the right to receive financial assistance for child care up to one and a half years.

In accordance with Art. 91, the working day should not exceed 40 hours per week. Therefore, time whose duration is less than 40 hours per working week can be considered incomplete: 38 or 39 hours.

In Art. 93 of the Labor Code of the Russian Federation states that this time can be in the form of an incomplete shift or a week. The maximum duration of work is not defined by labor legislation in this case.

No matter what conditions you work under, this will not entail a change in the amount of benefits if you are on maternity leave.

However, situations arise when some branches of the Federal Social Insurance Fund of the Russian Federation refuse to reimburse the employer for payments if working hours have been reduced even slightly - less than an hour.

The judicial authority may side with the Social Insurance Fund, so it is advisable that the employer has a record of the minutes worked and evidence of the reality of the reduction.

But in any case, this will not in any way affect the receipt of the child care benefit itself in full.

How can a husband get maternity benefits if his wife doesn’t work?

If both spouses have official work, then they independently decide which of them will receive a lump sum allowance and child care.

If the payment is transferred from the husband’s place of work, then the wife is obliged to take a document from her enterprise stating that she did not receive these funds.

After submitting documents to the accounting department, the company transfers cash payments.

Since fathers often have higher salaries, he must draw up an application for leave and benefits.

The document states:

• Full name of the head;
• father's details;
• child data;
• vacation period.

The following documents must be attached to the application for receipt of accruals:

• child's birth certificate;
• a certificate from the wife’s place of work stating that she was not provided with maternity leave and did not receive any money.

If dad works in several official jobs, then he can submit this application to all organizations.

If there are several children, the amount of the benefit will be increased, but the entire amount should not exceed more than 100% of the father’s salary.

If the wife does not work, can the husband receive maternity benefits at the same time as his wife?

If the spouse did not officially work, her husband can also apply for leave and financial assistance to care for the baby. The registration procedure is the same, with only one nuance.

The state gives both parents the right to take maternity leave and receive maternity benefits, but only if they have 2 or more children at once.

Then the mother, at her place of work, issues a maternity leave to care for one child, and the father, at his job, to care for the second child.

In this case, you must submit the following documents and applications:

• passports of two parents;
• birth documents of children;
• application for leave by parents at their place of work;
• application for benefits provided by the state.

Paternity leave and part-time work

According to the law, the mother, father, as well as another relative of the child for whom the OPP is registered can also work. Part-time - 7 hours a day or 38 a week. And benefits will not stop being paid.

Important

According to Articles 91 and 94 of the current Labor Code of the Russian Federation, it is important that an employee in an OPUZR works less than the required time in production or in the office. He can also choose the most convenient schedule, focusing on clause 8 of the Regulations of the State Labor Committee of the USSR and another Regulation, but this time of the Secretariat of the All-Union Central Council of Trade Unions No. 111/8-51 dated April 29, 1980, which no one has canceled.

This is exactly what is done quite often in families where there is a non-working mother and/or retired grandparents. They can take care of the child while his father works part-time. While maintaining benefit payments.

The procedure for calculating benefits in 2020

The procedure for determining the amount of the BiR benefit based on a certificate of incapacity for work is prescribed in paragraphs 4 and 5 of Article 14 of Federal Law No. 253. According to the formula, it is necessary to multiply a woman’s average daily earnings by the number of days spent on vacation.

To calculate average daily earnings, the following formula is used:

The division by 730 is due to the fact that this number of days is available in the two years preceding the leave.

However, some days are not taken into account. The amounts accrued for the given period are also deducted from income.

A woman on maternity leave is not paid for all days of the period. Some need to be excluded.

After receiving the total amount, it is important to compare it with the maximum allowable. The allowance cannot exceed it. Next you need to check how the result compares with the minimum allowance for BiR

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It is based on minimum wage indicators. In 2020 it will be 12,130 rubles. In accordance with this, the minimum allowance for BiR can be calculated.

Next, you need to check how the result compares with the minimum allowance for B&R. It is based on minimum wage indicators. In 2020 it will be 12,130 rubles. In accordance with this, the minimum allowance for BiR can be calculated.

To do this you need 12,130 rubles * 24 months / 730 days * 140. The result is 55,831.23 rubles.

Even if, when calculating a woman’s salary, a lower value is obtained, the amount is paid in accordance with the minimum wage. The employer has no right to pay benefits less than this.

What does a man get on maternity leave?

The amount of funding for people on maternity leave does not depend on whether it is the mother or the father. Parental leave can also be taken out by grandparents. The person carrying out such a mission receives everything that is supposed to be received after the birth of a child. Only women can receive payments for the period “before birth”.

At the birth of a child, the amount of lump sum payments is 16,873.54 rubles. It changes from year to year. This data is current as of 02/01/2018. Payments of 40% of the average monthly income are due monthly, taking into account salaries for the last two years. A minimum limit has also been established. Payments cannot be less than 3,163.79 rubles for the birth of the first child and 6,327.57 rubles for the second child. The maximum bet is 24,536.57 rubles. A certificate for maternity capital is also due. This is the amount that is given at the birth of the second, third and any subsequent child. It can only be spent on certain purposes that are related to improving the child’s living conditions, his treatment, and the like.

In addition, a number of constituent entities of the Russian Federation have their own additional payments and their own regional maternity capital.

The law does not oblige a man who has taken parental leave to use it specifically for this purpose. Usually fathers register it for themselves if it is beneficial due to some personal characteristics. For example, a mother considers it more expedient to pursue a career and earn money.

Certificate of incapacity for work: what is it?

And in order to determine how much maternity leave to accrue, the accountant needs to multiply the number of vacation days according to the accounting and accounting system and the amount of average daily earnings. The period of incapacity for work is determined by the doctor at the antenatal clinic at the medical institution. The table below shows the maximum amounts of maternity payments in 2020, taking into account the length of leave.

Expectant mothers taking maternity leave in 2020 have the right to apply for financial assistance from the state and employer. The types and amounts of compensation you can receive depend on a number of factors. Let's talk about them in detail.

Financing for maternity leave is determined by the place of study and is paid as a scholarship. In addition to the above list, these categories of the population (citizens who are not subject to compulsory insurance in the event of recent job loss due to pregnancy and childbirth) are taken into account:

• one-time financing for the birth of a baby in the amounts specified by law (at a rate of 16,350.33 rubles from the beginning of the current year);
• the minimum amount specified by law for financing each month (at a rate of 3065.69 rubles - if this is the first birth, and 6131.37 rubles - if there is more than one child).

If the expectant mother registered before 12 weeks of pregnancy, she has the right to apply for additional social assistance. This right is secured to her by Article 9 of the Federal Law of May 19, 1995 No. 81-FZ. In 2020, compensation was 628.47 rubles; in 2020, taking into account indexation, the amount was higher - 655.48 rubles.

Amounts of maternity payments for fathers, their types and mechanism of receipt

Men going on maternity leave are entitled to the same payments as women for the chosen type of maternity leave. In particular, when receiving similar maternity leave in the case of adoption, the man is assigned the right to a one-time payment for the entire duration of such maternity leave in accordance with Art. 257 Labor Code of the Russian Federation.

At the same time, the employer does not have the right to refuse to provide the employee with such a maternity leave and to pay him the required funds in the amount of average earnings, taking into account the average daily income of the employee with this employer for the last two-year period.

During parental leave, the father, as well as the mother, must maintain a job. In addition, he is guaranteed benefits from state social insurance funds. The amount of such benefit is established annually in the amount of minimum and maximum monthly payments and amounts to 40% of the average monthly income for the last two-year period (however, it cannot be lower than the minimum amount).

If the employer provides for an increase in such payments, the maximum amount may change, however, all funds paid in excess of the legally regulated maximum will not be compensated from the Social Insurance Fund. The minimum amount of such benefit is 3,795 rubles for the first child, and 6,284 rubles for each subsequent child.

In addition, the father also has the right to receive a maternity capital certificate, provided to women upon the birth or adoption of a second or subsequent children. The amount of maternity capital for fathers in 2020 is 453,026 rubles. However, in order to be eligible for this certificate, the following conditions must be met:

• The man must be the sole adoptive parent of the second or subsequent children;
• The father must have Russian citizenship;
• In the case of natural children, their mother must be listed as either deceased or deprived of parental rights.

The one-time benefit for the birth of a child for the father is 16,759 rubles and can only be received by one of the parents. It must be remembered that if one of the parents is officially employed, he should receive such benefits. If both parents work or both are unemployed, both the father and the mother can receive such benefits.

Important fact

Individual subjects of the Russian Federation may establish additional regional coefficients that can affect the amount of maternity payments due. It should be remembered that regional coefficients can only increase the amount of funds due at the federal level, but not reduce it.

Calculation examples

With 2 years of experience or more

A woman’s monthly salary is 25,000 rubles.
Before becoming pregnant, she worked for a full 2 ​​years. There are no deductible periods, singleton pregnancy, and childbirth was without complications.

Calculation of one-time benefit:

• salary – 25,000 rubles;
• settlement period – 24 years (24 months);
• number of days in the billing period – 730 (in a leap year – 731);
• vacation period – 140 days.

(25,000 * 24)/730*140 = 115,068.49 rubles.

Calculation of monthly benefits. P = SZ × 30.4 × 0.4, where:

• P – amount of monthly benefit;
• C3 – average daily wage based on the two previous years;
• 30.4 – (365 days/12 months).

(25000*24)/730*30.4*0.4 = 9,994.52 rubles.

If you worked for 1 year

If the work experience is 1 year (1.5 years), the calculation is based on the average salary.
(25000*24)/730*140 = 115,068.49 rubles – one-time benefit.

(25000*24)/730*30.4*0.4 = 9,994.52 rubles. – monthly allowance.

If the experience is less than 6 months

If a woman’s work experience is less than 6 months, the calculation will be based on the minimum wage – 7,800 rubles.

(7800*24)/730*140 = 35 901,36

Monthly allowance:

(7800*24)/730*30,04*0,4 = 3081,36

For the unemployed

If you have official unemployed status, maternity benefits will be calculated taking into account the minimum amount of unemployment benefits (850 rubles):
(850*24)/730*140 = 3912.33 rubles.

The monthly benefit will be:

(850*24)/730*30.04*0.4 = 335.78 rubles.

How to calculate

How to calculate maternity payments for a second child in 2020 for a working mother? Very simple.

Sick leave for pregnancy and childbirth is issued for 140 days - 70 - before childbirth and the same amount - after. If a woman suffers any complications during childbirth, then the sick leave is extended for another 16 days, that is, 156 in total.

If the pregnancy is multiple, then maternity leave is increased by 1.5 months (194 days in total).

The amount of the benefit is calculated depending on the earnings of the expectant mother and the duration of sick leave. For a working woman, the company must compensate 100% of her monthly income.

The calculation will look like this:

• a woman’s income for 2019-2010 / 730 days - this is how average daily earnings are determined;
• then the average daily earnings are multiplied by the number of days of maternity leave (default – 140).

Sick leave is paid in full without deduction of taxes.

Example:

The income of employee Karamatova for 2020 amounted to 260,000 rubles, and for 2020 - 220,000 rubles. In 2020 she was on sick leave for 5 days, and in 2020 – 7 days. The benefit amount in 2020 will be:

• (260000+220000) / (730-5-7) = 668.4 rubles. – average daily earnings;
• 668.4 * 140 = 93,576 rubles. – amount of benefit.

At the same time, the legislation establishes maximum and minimum payments. According to changes made to the legislation on January 1, women going on maternity leave in 2020 will have their benefits increased. And this is due to an increase in the minimum wage by 2.9%.

For comparison, in 2020 the minimum wage was 11,280 rubles. In 2020 it is planned to increase it to 12,130 rubles. This will also affect the amount of maternity benefits. Taking into account the increase in the minimum wage, they will approximately look like this:

• 55831 rub. – in 140 days (almost 4,000 rubles more than in 2019);
• 57852 rub. – in 156 days;
• 71944 rub. – in 194 days.

It is important that when calculating maternity benefits, the average monthly salary of an employee is taken to be the current minimum wage in the following cases:

• the employee has been working at the company for less than 6 months;
• the woman cannot provide information about earnings from her previous place of work;
• the employer did not pay insurance premiums for the employee;
• The amount of wages turned out to be less than the minimum wage.

As for maximum payments, the limit will directly affect the amount paid to the employee upon the occurrence of an insured event. This is especially true in the case of those employees who receive high wages. For the calculation, a woman’s average income for the last 2 years is taken (necessarily taking into account the established limit when calculating insurance premiums).

Whatever the woman’s salary over the last 2 years, the benefit will not exceed the established maximum.

When going on maternity leave in 2020, the payment limit will be 322,192 rubles. - this is for uncomplicated childbirth. For comparison, in 2020 the amount was less - 301,095 rubles.

If the birth was complicated, then for 156 days on leave, the woman will be paid 359,000 rubles, for a multiple pregnancy (for 194 days) - 446,500 rubles.

It is worth noting that the limit on insurance contributions for employees for 2020 is 1,680,000 rubles, and the maximum average daily earnings is 2,301 rubles.

Thus, women whose salary is 70,000 rubles. and more, will not be able to receive 100% compensation from the state.

Interesting! How to receive child benefit for a child from 3 to 7 years old in 2020​

What rights does a husband have if he serves in the Russian armed forces?

According to Art. 32 of Decree of the President of the Russian Federation No. 1237, a decree related to caring for a baby is granted to a military personnel for 3 months if his wife died during childbirth. If this time is not enough, then the man will have to leave the service. In accordance with current legal acts, maternity leave is provided to military personnel who are the sole guardians of minors under 14 years of age and disabled children under 16 years of age. In addition to the death of the spouse, this situation can occur due to the wife’s serious illness or deprivation of her parental rights.

Important! In the case of military personnel, standards for maternity leave are regulated by special acts. St

256 of the Labor Code of the Russian Federation does not apply. It is worth noting that at the government level the issue of the possibility of providing military citizens with maternity leave until the child turns 3 years old is already being considered. The proposals also include restrictions related to the inability of the mother of the children to exercise the relevant rights.

Maternity leave for a male military personnel.

Federal Law dated May 27, 1998 No. 76-FZ provides for the possibility of using the right to maternity leave and receiving benefits only for female military personnel. For men, the right to receive such leave is not provided for by law.

This Federal Law only provides for the possibility of a male military serviceman serving under a contract to take additional leave once (but not more than 3 months) in the event of the death of his wife during childbirth, as well as if he has one or more children under 14 years of age without maternal care ( including if the mother is deprived of rights to her children, died or died, remains in a medical institution for a long time, etc.).

It might be interesting!

To whom is the employer obliged to provide leave, and what types of leave are there?