Can a working grandmother take maternity leave?

Unlike maternity leave, not only the mother can take leave to care for a child up to 3 years old. This measure of support is due to the person who will actually care for the baby.

This type of maternity leave can be used by a father, grandmother, grandfather, aunt and any other relative, regardless of whether the mother works or not. But even if several relatives are caring for the child at the same time, the benefit can be assigned to only one of them.

To receive maternity payments for child care, the grandmother applying for benefits must be employed. Nevertheless, there are situations when payments can be issued to a grandmother who is not officially working. The amount of benefits that will be assigned to her depends precisely on the fact of employment.

Also, a grandmother can apply for maternity benefits even if the child was not born, but adopted.

Attention

Once the child reaches the age of 1.5 years, the care leave does not end, but the care payments stop.

Photo: unsplash.com

Legislative aspects of the issue

If a mother does not have the opportunity or desire to sit with her baby on maternity leave, then the woman may well be replaced by another family member. By law, this may be a spouse, parents or grandmothers. The exclusive right to provide child care is not established by law.

At this level, the issue is regulated by several legislative provisions:

• Art. 255 of the Labor Code of the Russian Federation, confirms the existence of this right to care for a child under three years of age;
• Art. 256 of the Labor Code of the Russian Federation provides a list of relatives who can apply for such leave.

The articles note that vacation is counted towards seniority. The caregiver's job remains with him or her. A citizen who has received maternity leave can return to his or her workplace at any time, without waiting for the child to turn three years old.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

Persons entitled to care

Different people can take care of the baby. The categories of citizens who can apply for vacation pay are listed in Art. 256 Labor Code of the Russian Federation:

• father, natural or adopted;
• grandparents, both maternal and paternal;
• legal representatives appointed by decision of the guardianship and trusteeship authority;
• other persons, if they have expressed a desire and have the opportunity to support a young child.

Advice! Anyone who takes in a child is entitled to a cash benefit from the state. Payments are made to an individual account opened in the name of the minor. It is allocated from the income of the caregiver. To calculate payments, you must contact the social service with confirmation of going on vacation, documents to establish the identity of the adult and the child.

Does a grandmother have the right to go on maternity leave to care for her grandson?

Many readers are wondering whether a grandmother has the right to take leave to care for her grandson. The law answers it positively and cites cases where this is possible:

• the grandmother wants to help her daughter-in-law or daughter so that she can go to work without hindrance;
• The baby's parents were deprived of parental rights. The grandmother will raise the child;
• the baby's mother and father are incapacitated. Here we are talking about people with disabilities, when parents cannot provide full care for the baby;
• the father left the family and does not want to help the mother with the upbringing and maintenance of the child. Or when the mother is in prison or under arrest;
• parents deliberately avoid raising and supporting their children.

In other words, a grandmother takes out maternity leave when she wants to help loved ones. It happens that the decision is forced, because there is no one else to take care of the baby. A grandmother can go on maternity leave only if she is officially employed. It is possible to get such leave even for an adopted child.

The procedure for a grandmother to go on leave to care for her grandson or granddaughter does not take much time. You should collect the necessary documents and submit a proper application to the employer.

Let's sum it up

Today, not only mothers, but also other close relatives, such as grandmothers, can go on maternity leave. An officially employed grandmother has the right to go on maternity leave if the baby’s parents did not take advantage of this opportunity.

When an elderly woman is already a pensioner or unemployed, she will be able to go on maternity leave only in exceptional situations - for example, parents do not have the opportunity to provide for and care for the child and are deprived of parental rights. If the mother does not work due to serious health problems, then this is also sufficient grounds for applying for maternity leave for the grandmother.

In addition, the time spent by the grandmother on maternity leave will be counted as work experience. As a result, she will not have to worry about setting up a pension in the future.

Sources

• https://clubtk.ru/kak-oformit-dekret-na-babushku
• https://zen.yandex.ru/media/krutomama/mojet-li-babushka-uiti-v-dekretnyi-otpusk-po-uhodu-za-vnukom-do-15-let-5daad3808f011100aea1a9bd
• https://vdvsn.ru/articles/law/kogda-v-dekret-vygodnee-uyti-babushke-a-ne-mame/
• https://pravasemei.ru/deti/dekret/dekret-babushke-vmesto-mamy/
• https://propravo24.ru/pravo/grazhdanskoe-pravo/dekret/kak-oformit-dekretniy-otpusk-na-babushku
• https://detskie-posobiya.molodaja-semja.ru/otpusk-po-uhodu/babushke/
• https://pfrp.ru/faq/dekretnyj-otpusk-dlya-babushki.html

Procedure for registering maternity leave for a grandmother

The procedure for applying for a maternity leave period for a grandmother is very simple. This will not take much time, but some documents need to be prepared. Documents you will need:

• a standard application addressed to the head of the enterprise;
• birth certificate of the child, possible in the form of a copy. There is no need to notarize the document;
• a document indicating the degree of relationship between the grandmother and the baby;
• certificates from the place of employment of each parent that they are not on parental leave.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

You need to go with the application and attachments to the head of the enterprise and submit the appeal for consideration. The manager has no right to refuse an employee.

This is a violation of the law and carries serious penalties. From the specified time, the grandmother goes on maternity leave.

Since a woman is entitled to state payments, then the enterprise accountant is obliged to make the necessary calculations.

The funds will be paid once a month, taking into account the employee’s salary level.

Useful tips for grandmothers and parents of a baby

The following tips will help you accurately answer the question of whether a grandmother can go on maternity leave to care for her granddaughter or grandson:

1. Having taken leave, the grandmother will continue to work at home, caring for her grandchildren. You can work part-time, then all payments from the Social Insurance Fund will remain.
2. Dismissal during maternity leave will result in the grandmother losing the right to monthly payments from the employer.
3. During the entire vacation period, the position held by the grandmother cannot be reduced, but the enterprise itself may be subject to liquidation.
4. The grandmother can take maternity leave not immediately, but after the baby’s mother returns to work. All payments will remain with the grandmother, and the mother will be able to take care of her son or daughter in her free time from work.
5. According to the law, two close relatives can go on maternity leave at once if twins were born or children of the same age in the family.

Based on these points, you can correctly assess the current situation and make a decision at the family council about who will provide care for the baby during the maternity period.

What guarantees does being on maternity leave give to a grandmother?

Firstly, the grandmother retains her place of work. By law, she can be on maternity leave to care for her grandson until he turns three years old. After that, she must be accepted into the same place.

Secondly, in the first year and a half of the child’s life, the grandmother will be paid a monthly allowance. Usually it is equal to 40% of average earnings for the last two years. True, a certain minimum, below which the benefit will not fall, is also established by law.

But what parental leave will not provide is additional insurance coverage if the grandmother has not yet retired. The law allows only parents to include the period of maternity leave in the insurance period. If someone other than mom or dad is caring for a child, this time will not be counted toward his or her insurance period.

How to apply for maternity leave for your grandmother

There is no term “maternity leave” in the Labor Code of the Russian Federation. This is a colloquial concept used by young mothers, referring to maternity leave for children under three years of age. But since it is often used, we will use it from time to time when talking about how to arrange maternity leave for your grandmother.

This is important to know: Applications when going on maternity leave: sample 2020

According to Art. 256 of the Labor Code of the Russian Federation, it is quite possible for a grandmother to take out so-called maternity leave instead of a mother. Also, in addition to maternal or paternal grandmothers, other relatives have the right to care for a child up to three years of age. For example:

Any relative who is officially involved in raising children has the right to count on maternity payments provided by law. Read below for detailed instructions on how to apply for maternity leave for your grandmother.

Who benefits more?

It is in such cases that Art. 256 of the Labor Code of the Russian Federation, according to which, parental leave can be used not only by the mother, but also by the father, grandparents, and other relatives who will care for the baby. Thus, depending on the circumstances, any family member can go on maternity leave, and the employer has no right to refuse him. This rule applies not only to blood relatives, but also to the child’s adoptive parents.

In addition, according to paragraph. 2 tbsp. 256 of the Labor Code of the Russian Federation, parental leave can be divided between relatives. For example, the mother can take the first 5-6 months of leave from the birth of the baby, and the grandmother can take the remaining period off.

Sending one of your relatives on parental leave can be quite profitable. Modern employers often evade taxes by paying most of the salary “in an envelope,” but such amounts are not taken into account when calculating benefits. Consequently, a family member whose official salary is higher will be paid a larger amount of child benefit. The mother of a child can receive at least 200,000 rubles in her hands, but if her official salary is 10,000, and the grandmother’s “white” salary is 20,000 rubles, then it will be more profitable to send the latter on maternity leave.

What documents are needed to apply for maternity leave?

If your mother goes on maternity leave

If a working mother decides to raise her child on her own, she must provide the employer with the following documents to apply for leave:

• statement;
• a copy of the child's birth certificate;
• a certificate from the work of the child’s father stating that he is not on maternity leave.

But what should you do if you need to take parental leave for your grandmother?

How to arrange maternity leave for your grandmother: procedure

Step 1. Carefully consider the decision that grandmother will replace mother during her stay at work and discuss it at a family council. If everyone agrees, then you need to move on to collecting the necessary documents.

Step 2. What papers will be needed:

• application for parental leave to care for a child up to 3 years old;
• a copy of the grandson's birth certificate,
• written confirmation that the baby’s mother and father are not on maternity leave.

Step 3. To apply for maternity leave, you must provide the employer with an application indicating the start and end date of the leave. A separate clause is prescribed if you plan to care for a newborn up to 3 years old. The list lists the application.

To the Director of Symphony LLC

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

I ask you to grant me parental leave from February 1, 2020, for my granddaughter Raeva Alla Sergeevna (born August 20, 2019) until she reaches the age of three years.

1. A copy of the birth certificate of the child A.S. Raevoy No. 123 dated 08/21/2019.
2. Certificates from the places of work of both parents of the child stating that they do not use the specified leave and do not receive benefits.

The date of preparation is entered in the document. After this, the paper is signed by the applicant.

Step 4. Having collected all the necessary papers, the grandmother should report to her employer. The boss has no right to refuse such a request. After reviewing the documents, the employer issues an order in writing, according to which she is granted maternity leave.

In the event of a negative response from the employer, the grandmother, who decided to come to the aid of the young mother, has the right to file a complaint against the employer with the labor inspectorate or the court. And the authorities will be on her side.

How to prepare documents

To apply for maternity leave, your grandmother will need to provide her employer with the following package of documentation:

• application for maternity leave indicating the start and end dates of maternity leave;
• birth certificate of the baby;
• a document establishing the existence of a family relationship between the grandmother and the child;
• a certificate confirming the absence of transfer of financial payments for the care of the baby to the baby’s parents (the document is issued from the place of employment of the adults);
• a document issued by a medical institution stating that the baby’s parents have a serious illness;
• a certificate stating that the mother is resuming her work activity or is studying full-time.

The application shall indicate the following information:

• request to provide the applicant with maternity leave (his full name, date of birth), start and end date of maternity leave;
• list of attached documentation;
• date of application, signature of the applicant.

The provided certificates and papers are certified by the seal of the manager, after which he puts his signature on the documents. An official does not have the right to refuse to issue a maternity leave to a grandmother. After the management checks the received documents, they sign an order stating that the subordinate is going on maternity leave.

The period of maternity leave is registered in the work book along with the length of service in the profession and the total length of service, except in cases where the old-age pension is paid ahead of schedule. An employer will not be able to deprive a grandmother of her job while she is on maternity leave (except for the liquidation of an enterprise or termination of the activities of an individual entrepreneur).

Domestic legislation allows the division of the maternity leave into 2 parts - until the child reaches 1.5 and 3 years. You can also fully or partially divide maternity leave between different family members.

If the child’s mother first went on maternity leave, but subsequently life circumstances changed, as a result of which she needed to go to work, then the woman will need to take the following actions:

• Inform the employer of your intention to return to work in the near future;
• Visit the accounting department and issue a certificate stating that the employee’s maternity leave is interrupted and payments for the child are no longer made.

Next, the grandmother turns to her employer with a request to go on maternity leave.

Re-registration of maternity leave for another relative

Sometimes situations happen when the baby’s mother initially goes on maternity leave. But then, for one reason or another, she will need to go to work. How to proceed?

Parental leave can be reissued to different family members several times. To do this, the mother must inform the employer that she is ready to go to work and obtain a certificate from the organization’s accounting department confirming that the maternity leave has been interrupted and payments for the child have been stopped.

General Director of Pion LLC

from Morozova Valentina Vasilievna

I hereby inform you of my intention to begin fulfilling my official duties on 02/14/2020, interrupting early parental leave when the child reaches the age of three years

After this, the working grandmother can contact her boss to re-register the maternity leave. This must be done in writing using a leave application addressed to the manager.

Maternity leave for grandmother if mother does not work

- a certificate from the social protection authorities at the place of residence of the child’s father and mother about non-receipt of monthly child care benefits (for one of the parents in appropriate cases), as well as for persons actually caring for the child instead of the mother (father, both parents) if the father (mother, both parents) of the child does not work (does not serve) or is studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education;

At the same time, in order to provide this type of leave to another person, it should not matter at all to the employer why the child will not be cared for by the child’s mother. The right to parental leave, which can last until the child reaches the age of three years, arises from the day following the end of maternity leave, which is usually granted to the child’s mother.

Is it possible to put my grandmother on maternity leave?

Everyone is already accustomed to the fact that a mother is entitled to leave during which she takes care of her baby. You can stay at home until your son or daughter is three years old.

The mother of a small child often comes to the conclusion that if she did not sit at home, but worked, the family would be provided with benefits and money. The question arises: with whom to leave the baby. Hire a nanny and pay her a salary? After this, there is not as much money left as you dreamed.

Grandparents work and dad too, but there is a way out. Article No. 256 of the Labor Code of the Russian Federation states that an officially employed grandmother, father or grandfather of a child can replace the mother when caring for the child.

Step-by-step instructions for registration

How can a grandmother apply for parental leave to care for a child under 3 years old? - says Part 2 of Art. 256 TK. It is enough to submit an application to the head of the company in which she works and show the child’s birth certificate and hand over a copy.

The grandmother additionally needs to bring certificates, from which it follows that the payments listed in Part 3.2 of Art. 14 of Law N 255-FZ, no one uses it.

Benefits you can receive monthly:

1. up to one and a half years : in the amount of 40% of average earnings, from the Social Insurance Fund;
2. up to three years : 50 rub. (multiplied by the regional coefficient), from the organization’s funds.

Benefits are not subject to personal income tax. Average earnings = average daily earnings × 30.4.

For an unemployed woman, a pensioner

Vacation is a temporary release from work and is granted to officially employed family members. Consequently, neither the unemployed nor the grandmother receiving a pension will be able to go on vacation. There will be no payments to them either. They can help their children and grandchildren free of charge.

• it has been established that they have been absent for a long time and have not contacted the child, in other words, they have gone missing;
• lead an illegal lifestyle, and the baby needs protection and care. As a result, they were deprived of parental rights;
• taken into custody;
• cannot care for an infant or older child due to health reasons.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The grandmother must collect documents and take them to the social security authorities, then payments will be assigned to her and she will be able to receive cash benefits. A list of documents is issued by the guardianship authorities. Each case and different regions have their own characteristics.

This is important to know: Maternity leave for twins

For officially working

The conditions for granting benefits and leave to care for a grandchild are as follows:

• the child’s mother going to work or study;
• registration of a grandmother in the workplace has official status;
• the parents provided documents stating that they are not currently using the right to such leave.

After maternity leave is granted to the grandmother, if she works, she has the opportunity during this time to continue to perform her job duties several hours a day or at home, while her job and payments are preserved.

Maternity leave for grandmother: features of receipt.

A woman on maternity leave is entitled to the following types of benefits:

• up to 1.5 years – 40% of average earnings;
• up to 3 years – 50 rub. monthly.

The funds are paid from the Social Insurance Fund. The benefit is not subject to personal income tax. Until the child reaches 18 months, the mother is paid 40% of the earned income she received during the last 2 years.

If a woman did not work or was on another maternity leave, then she can independently choose the period that will be taken to calculate the benefit.

Women who are not officially employed can apply for payment to the social security department. Its size is established by legislative acts and undergoes annual indexation.

In 2020 it is more than 3,200 rubles. for the first child and about 6,700 rubles. on the second and subsequent ones.

If a maternity leave is issued to a grandmother instead of a mother, then she is also entitled to all payments, except those prescribed by social security. Benefits from the employer are issued to only one family member, so it will be necessary to prove that other relatives do not receive it.

Thus, a working grandmother will be able to receive maternity payments in the amount of 40% of her earnings.

She is not entitled to social security benefits for non-working mothers.

Grandmothers who are not full guardians cannot apply for “Putin” payments from maternity capital, since only legal representatives are entitled to them.

What documents do I need to provide?

If you are taking a vacation, you must:

1. confirm that neither parent is using leave during this period of time and is not receiving compensation for this. The form of certificates is arbitrary, they are issued at the place of work or study;
2. copy the baby’s birth certificate; there is no need to certify it; it is enough to provide the original for verification;
3. Submit an application to management in any form, indicating the start and end dates of the vacation.

If everything is done correctly, but the application is not signed, you need to complain to the labor inspectorate, court or prosecutor's office. The grandmother, if an application is submitted, cannot be fired. Her work experience remains uninterrupted. After the order is issued, the period of vacation and payment of benefits begins.

Is it possible to get maternity leave for a grandmother?

• child's birth certificate
• passport
• work book
• certificate from work, school or hospital
• statement of all income
• certificate of relationship (birth certificate of one of the parents on whose side the grandmother will look after the child)
• certificate from social media protection that parents do not receive child benefits
• statement on behalf of grandmother

Unfortunately, employers try to refuse in such cases. However, if another working family member is caring for the child, his management is obliged to provide this type of leave and pay the required benefit. According to paragraph 54 of Order No. 1012n dated December 23, 2009, the list does not include documents that must necessarily confirm that mommy is not a housewife. All that is required is official confirmation that she is not on so-called “maternity leave” and is not receiving benefits from the Social Insurance Fund or the social security department. Consequently, the management’s refusal will be unlawful and can be appealed to the Rostrudinspektsiya, the prosecutor’s office, or the court.

Parental leave and maternity leave in 2020

Maternity leave and parental leave are different concepts. Only a woman who is going to give birth can go on maternity leave to improve her health after discharge. Other relatives cannot obtain the right to maternity leave because they are not registered with a maternity medical institution. The duration of maternity leave depends on the woman’s health, the number of children - possibly multiple, two or more children, possible complications recorded according to the doctor’s conclusion.

Parental leave begins after the end of maternity leave. A woman can go to work or stay at home to support the baby. The maximum period is limited to three years. In this case, the father or grandmother can replace the mother. It doesn't matter whether they are employed or on pension. However, in the latter case, the leave will be unpaid due to lack of employment and contributions to the Social Insurance Fund. Accordingly, there is no need to collect documents for your grandmother to be on vacation.

Questions in practice arise when the mother and grandmother plan to raise the child at the same time. Is it possible to apply for leave simultaneously for two relatives under the conditions of joint care of a minor? According to the law, it is impossible to formalize such a relationship, except in cases where the mother has a complex illness that does not allow her to fully care for her children and the grandmother’s help is required. But then only the latter will receive funds to support the child. The main thing is to follow the basic principle - the one who looks after the baby, be it the mother, grandmother or father, gets the money.

Sokolnikova R.R., employee of the social protection department

Organizing a vacation for grandma

To properly arrange maternity leave for your grandmother, you should pay attention to a number of points. The employment of a close relative is of key importance. If she officially works, then she will receive payments. If you are retired without maintaining your position, transfers of funds by social services are not carried out.

The employer at the place of employment does not have the right to delay or refuse maternity leave for the grandmother. She retains her position until she goes to work when the child reaches 1.5 or 3 years of age.

Dismissal due to absenteeism with the wording that only the mother should go on maternity leave is subject to appeal to the Labor Inspectorate and in court. For violation of the law, an enterprise may be subject to administrative liability in accordance with Art. 258 of the Labor Code of the Russian Federation in the form of a fine with the obligation to reinstate the employee’s rights.

It is important to know! It is impossible to arrange leave for a grandmother if the father and mother do not perform labor functions equally. If they are not busy, they are required to care for the baby independently without the involvement of others. When applying for benefits, certificates from the place of work of both parents are provided. An exception is allowed for mother and father studying full-time at the institute.

Possible reasons for a grandmother going on maternity leave:

• The child is an orphan without a mother or father.
• Both parents are deprived of parenting rights; the fact is established by a court decision.
• The mother or father is serving a sentence in prison for a long time.
• Close relatives were recognized as missing by a court decision; it is impossible to establish their whereabouts.
• Mom needs to go to work if she has a mortgage or other loans that cannot be repaid through maternity payments or benefits.
• There are no other close relatives who can take care of the minor; government services refuse to take responsibility for the child in connection with possible upbringing by the grandmother.
• The mother and father have persistent health problems, a disability group has been identified that does not allow them to fully care for a newborn or young child, or move independently due to physical disabilities, or a mental illness has been identified.
• An adoption took place, the decision was established by the court with the consent of the guardianship and trusteeship authority.

Working grandma

In practice, the question often arises whether a grandmother can apply for and receive money for maternity leave. If she is employed under an employment contract, and the mother is not able to care for the baby, other relatives have the right to apply. All payments will be made for her, as well as for the blood mother.

Retired grandmother

Funds for children are paid by the state for the needs of minors. They are transferred to a special account opened in the name of the child. The person responsible for its maintenance, whether it is the mother or other citizens in a close relationship, has the right to spend from it only for purposes related to the upbringing of the minor. It is prohibited to spend money for the personal purposes of adults.

Attention! The fact of payment of a pension does not matter for the calculation of social benefits for a granddaughter or grandson.

Registration procedure

All documents must be completed correctly. The process to qualify for leave is as follows, the steps you need to follow are:

1. Collection of necessary documentation.
2. Submitting an application at the grandmother’s place of employment.
3. Issuance of an order by the employer regarding maternity time.

The request to the employer indicates the period until the birth of the newborn is either 1.5 or 3 years. Subsequently, you can either engage in work activity earlier than the designated date, or extend it until the child is three years old.

The social service agency will require the following papers:

1. Birth certificate in copy and original for verification of authenticity.
2. Grandmother's ID card, pension certificate.
3. Information about the work of mother and father.
4. Parents will be required to provide certificates stating that they did not receive compensation for their children from each place of employment. Such papers have a limited validity period of 30 days.
5. If the daughter is a student or the child’s father is a full-time student, then certificates from educational institutions about enrollment in faculties will be required.

Re-registration from mother to grandmother

The procedure for re-registration of leave is not provided for by law. It is possible to leave the mother’s maternity leave, and then submit an application for the need for rest in connection with childcare at the grandmother’s place of work. This is allowed under the following conditions:

• Parents have not used their full rights to child payments.
• The grandmother must officially work, even if she is listed as a pensioner.
• If the mother’s time off from work is interrupted, a document about this must be obtained from the enterprise; other relatives during this period cannot take vacation pay and arrange payments for young children.

Payment Features

The applicant indicates the need to accrue benefits when contacting the employer with a request to go on vacation. There should be no separate paperwork for payments. If the mother is employed, then financial assistance will be calculated based on her recent earnings:

• In the first year and a half, the payment is 40% of its average value for the last 24 months.
• From 1.5 to 3 years, compensation for women on maternity leave is 50 rubles. per month, the increase is made taking into account the regional coefficient.

It is important to know! The period of maternity leave is included in the length of service. This is due to the fact that during the first 1.5 years, contributions are transferred from assigned payments to the Social Insurance Fund. From 1.5 to 3 years such a benefit is not provided.

Social benefits in the absence of both parents or their ability to participate in the child’s life will be set to a minimum. Its size is equal to the subsistence level.

Mom is employed part-time or works from home

Maternity leave for grandmother in accordance with Art. 256 of the Labor Code of the Russian Federation can be issued in connection with the actual care of a newborn.

At the same time, the fact that parents are working does not matter if they do not live with the baby and do not care for him. Since the mother did not take advantage of her right to rest while working part-time, the grandmother of her grandson or granddaughter has the right to go on maternity leave instead of her daughter. She will be paid for the period of forced absence on site at the expense of the employer or social services if she is retired.

Mother doesn't work

If the mother does not have an official place of employment, she is obliged to look after the newborn on her own. Taking leave for your grandmother and receiving social benefits for her in such a situation is not allowed.

Advice! Regardless of whether a woman is employed at an enterprise or is listed as unemployed, maternity leave with appropriate payments is issued only in her name. Other citizens are not entitled to such benefits. This period should be distinguished from the maternity period prescribed in connection with caring for a newborn.

Under what conditions is parental leave granted to a grandmother?

Leave to care for a child is granted until the child turns 3 years old. This period is taken into account in the general labor and special experience. While the grandmother is looking after the baby, her job is retained if she is employed. After the end of her vacation, she has the right to return to her position under the same conditions without changes. Such guarantees are provided by labor legislation if two conditions are simultaneously met:

1. official employment of the grandmother;

2. The child’s parents do not have the opportunity to care for him due to being busy at work or studying at a university, this applies to both the mother and the father.

Important: the employer does not have the right to refuse to provide benefits related to raising a child to the grandmother due to the employment of the parents, who are obliged to assume responsibilities in connection with raising the child in full.

For the grandmother, all guarantees under labor law that are provided to the mother remain valid:

· unpaid leave upon request at any time without reference to the vacation schedule;

· ban on sending on business trips;

· Overtime work is not allowed, unless consent is obtained;

· it is impossible to force people to go to work on weekends and holidays;

· it will be illegal to engage in the fulfillment of obligations at night.

If the position held by the grandmother is subject to reduction, this will not affect the employee’s ability to go on maternity leave. If the termination of the employment contract did not occur before the announcement of the staff reduction, then it is impossible to fire her.

Storinikova R.E., labor inspector

Important: If two children appear in the family at once, then you can apply for leave for two relatives who contribute funds to the Social Insurance Fund, that is, when working or running a business. Thus, the mother can take a vacation with the grandmother.

What are the nuances of a maternity leave issued for a grandmother?

The current regulations provide for the possibility of a maternity leave being issued to the mother of a woman in labor. It is important to comply with the following conditions:

1. The child’s parents must be officially employed or study full-time at a university.
2. Grandmother may be retired, but it is better if she is also employed.

Working under an official contract is necessary for a pensioner to receive payments for the baby. The fact is that they are carried out through the employer.

Important! Maternity leave for citizens of retirement age does not entail the termination of payments to the Pension Fund, and the time spent with the child is counted towards the total length of service.

In some cases, unemployed grandmothers also manage to receive the payments due to them by law. This happens for the following reasons:

1. Inability of parents to support their child (disability, illness, etc.).
2. Mother and father are missing.
3. Parents serving time for committing a crime.
4. Deprivation of parents' rights in relation to the child.
5. Refusal of the mother and father from the child.

One way or another, the grandmother will have to collect evidence that the baby’s parents cannot take care of him. If the submitted papers were accepted, then the procedure for recognizing the person as the child’s guardian is carried out and appropriate payments are established.

Procedure for applying for parental leave for a grandmother

The application for leave is submitted with supporting documentation at the grandmother’s place of work. The petition indicates the dates of going on parental leave and its termination. If you plan to stay with the child until he reaches 3 years old, this must also be indicated in the notice. It is also possible to receive a transfer to remote work or be employed part-time. The work schedule will not affect the payment of social benefits in any way.

This is important to know: Report on rescheduling a serviceman’s leave

The mother has the right to go on maternity leave several times during different periods for 3 years; she cannot be limited in this opportunity. The grandmother must go to work if the mother is temporarily looking after the children. The employer does not have the right to prevent the employee from being sent on leave again.

Ramentsev R.L., employee of the personnel department of the enterprise

After receiving the application, the employer issues a leave order and transfers it to the accounting department to assign benefits and attach documents to the personal file. If the grandmother works, then only income for the last 2 years is taken into account for the calculation. The size of pension payments does not matter.

Amount of maternity payments

The amount of child care benefits for a working grandmother will be calculated on a general basis, namely: from her average salary for the previous 2 calendar years. If a grandmother takes maternity leave in 2020, her earnings for 2020 and 2020 will be taken into account.

According to Part 1 of Art. 11.2 No. 255-FZ of December 29, 2006 “On compulsory social insurance...” the amount of monthly charges is 40% of the calculated average income.

Payments have their own limits: in 2020, the benefit cannot be less than RUB 4,852.00. for the first-born and 6,751.54 for the second child, but in any case should not exceed 27,984.66 rubles.

If the grandmother is not employed (if there are conditions when a payment can be assigned to her), the amount of benefits for her will be the minimum established by law.

Example

Anna is taking leave in 2020 to care for her grandson Ilya instead of her daughter Irina, because... she goes back to work full time. In 2018, the grandmother earned 202,500 rubles, and in 2020 - 246,960 rubles.

In order to calculate the amount of maternity benefit that will be accrued, you first need to calculate her average daily earnings: add up the amounts earned and divide by the number of days in the 2 previous years - 730 days:

(202500 + 246960) / 730 = 449460 / 730 = 615.70 rub.

Next, we get the average monthly earnings. To do this, multiply the average daily wage by the average number of days in a month for the year (30.4):

615.70 × 30.4 = 18,717.28 rubles.

Since the maternity benefit amount is 40% of the average salary (which we just calculated), the total amount will be:

18717.28 × 0.4 = 7486.91 rub.

Thus, the payment for caring for a grandson for Anya’s grandmother will be 7,486.91 rubles. monthly until her grandson reaches 1.5 years of age (if maternity leave is not completed before this period).

If a grandmother simultaneously cares for two or more grandchildren under 1.5 years of age, then the care allowance for each of them will be summed up. However, if there are more than two such grandchildren, the amount of payments cannot exceed 100% of the grandmother’s average earnings. In any case, the total payment amount should not be less than the summed minimum.

When is a grandmother entitled to receive child benefit in 2020?

Benefits are paid only to working relatives, whose earnings are subject to contributions to the Social Insurance Fund. The law provides for a number of cases when a grandmother does not work due to reaching retirement age, but has the right to receive state support funds for a minor. Such situations include:

If one of the circumstances specified in the list exists, the grandmother can apply for benefits from the social security authority. Payments will be set at a minimum amount taking into account the cost of living in the region.

Is it possible for a grandmother to take maternity leave instead of the mother of a child?

Can. The question of which family member will care for the child is decided at the discretion of the family, which means that only they make this decision. Parental leave until the child reaches the age of three with the payment of a monthly state benefit is provided at the discretion of the family to working people the father, other relatives of the child or the guardian actually caring for the child, in the manner and under the conditions provided for in Art. 185 of the Labor Code for women-mothers. Parental leave until the child reaches the age of three is granted to the father or other relative of the child based on his application submitted to the employer. In this case, it is also necessary to present a document from the place of work of the child’s mother stating that she is not granted such leave. The father and other relatives of the child have the right to such leave, provided that they are employed, i.e. are in an employment relationship with the employer and that they are actually caring for the child. At the same time, the ban on granting parental leave to family members - pensioners receiving an old-age pension, for long service or for special services to the republic has now been lifted. Leave is provided by the employer upon the written application of the employee raising the child, and can be used in parts any duration. Such leave is formalized by order (instruction) of the employer. In this case, the employee must provide the employer with the documents provided for by the Regulations on the procedure for assigning and paying state benefits to families raising children, approved by Resolution of the Council of Ministers of the Republic of Belarus dated March 31, 2008 N 490, including a certificate of resignation mothers to work (service), study until the expiration of parental leave for a child under three years of age. Child care leave can be used by the father or another family member in whole or in part. This leave can be divided between family members, for example, a mother is given care leave until the child is one year old, a grandmother - for a period from one year to two years, a father - from two years to three years. During the period of being on care leave as a child, a person on such leave is paid a monthly state benefit, the amounts and terms of payment of which are established by law. Monthly state benefits for child care are assigned and paid at the place of work of the father, another relative, as well as the child’s guardian (trustee). Mother or other a person actually caring for a child while on parental leave for a child under 3 years of age can work part-time (but not more than half the monthly norm) or at home and have the right to receive benefits in full. Leave to care for a child until the child reaches the age of three is granted to the specified persons and in cases where the mother is unable to care for the child due to a Group I disability or illness that prevents her from caring for the child, confirmed by a medical certificate. Working fathers, other relatives actually caring for a sick child under the age of fourteen years, a child under the age of three and a disabled child under the age of eighteen in the case of illness of the mother, as well as guardians (trustees) of the child are entitled to temporary disability benefits in in the manner and under the conditions provided for by law. Temporary disability benefits for caring for a child under 3 years of age and a disabled child under 18 years of age in the event of illness of the mother or another person actually caring for the child are assigned to persons caring for child, for the period during which the mother or other person actually caring for the child cannot provide it due to illness (injury). These benefits are assigned and paid at the place of work of the father, another relative, as well as the guardian (trustee) child. Working fathers on parental leave instead of the mother are provided with the guarantees provided for in Part 3 of Art. 268 Labor Code. A father who is on parental leave cannot be dismissed at the initiative of the employer under clause 1 of Art. 42 of the Labor Code (reduction in the number or staff of employees), as well as on the grounds provided for in paragraphs 2, 3, 6 of Art. 42 TK. Dismissal of fathers for guilty behavior (clauses 4, 5, 7 - 9 of Article 42, clauses 1 - 3 of Article 47 of the Labor Code), as well as on grounds that do not relate to dismissal on the initiative of the employer, is permissible. Working fathers raising children without a mother (due to her death, deprivation of parental rights, long-term - more than a month stay in a medical institution and other reasons), as well as guardians (trustees) of children of the appropriate age have the right to other guarantees provided by law and collective agreements, agreements working women-mothers. These persons are subject to Labor Code norms on the prohibition and restriction of work at night, involvement in overtime work, work on weekends, sending on business trips, granting vacations, etc. Providing benefits and guarantees to persons raising children without mother is the responsibility of the employer and does not depend on his discretion. :: Was this information helpful to you? Yes | No

We recommend reading: Article 228 Ch1uk of the Russian Federation with amendments for 2020

Dear Natalia! Leave to care for a child until the child reaches the age of 3 years instead of the child’s mother is granted to the working father or other relatives of the child who are actually caring for the child, and when guardianship is assigned, to the child’s guardian. At the same time, they retain the right to receive a monthly state benefit. Such norms are established in Article 185 of the Labor Code. Part one of Article 271 of the Labor Code contains a similar guarantee, according to which parental leave until the child reaches the age of 3 years with the payment of a monthly state benefit is provided at the discretion of the family to the working father, other relatives of the child or guardian who is actually caring for the child, in the manner and under the conditions provided for in Article 185 of the Labor Code. Consequently, the Labor Code grants the right to take parental leave instead of the mother to other persons :: Did this information help you? Yes | No

Documents for applying for child care benefits for a grandmother in 2020

In order to look after a child and receive money to support a minor, the grandmother must prepare the following package of documents:

How to book a vacation correctly

Maternity leave is carried out by application. To do this, the employee must collect the necessary documents that confirm the relevant right, submit an application and follow a strictly regulated procedure.

List of documents

First of all, you need to prepare the necessary documents. These include:

1. Application for leave. It is drawn up in writing. There is no strictly unified form for it. However, you should remember the general requirements for the preparation of this kind of documents, including the absence of erasures, corrections, factual errors, and so on.
2. Child's birth certificate. A copy is required for submission. However, the responsible employee may also need the original document for review.
3. Confirmation that parents do not receive benefits . Each parent must provide a certificate stating that he did not use the right to maternity leave and does not receive the corresponding benefit. If the parents are not employed or carry out unofficial work activities, then such a certificate is issued by social protection authorities.

If a non-working grandmother who is entitled to benefits plans to receive it, then she needs to collect a similar package of documents, but instead of confirming the fact that her parents did not receive benefits, she needs to provide evidence of her right to receive money. For example, a certificate from the place of imprisonment confirming that the parent is serving a sentence, etc.

An employer does not have the right to demand from a working grandmother documents confirming her relationship with the child or the facts of cohabitation with him.

Where to apply for registration

A working relative submits a package of documents, the list of which is given above, at her place of work. Vacation registration is carried out by employees of the personnel department or accounting department.

The employer cannot refuse to provide it. Disputes arising in this regard are resolved by contacting the judicial authorities or the labor inspectorate.

The required maternity payments are made through the Social Insurance Fund without submitting any additional documents to this body. Unemployed relatives apply to social security authorities for benefits.

When to submit documents

There are no significant regulations related to the timing of filing documents for maternity leave. However, it is recommended to notify the employer in advance.

Question answer

Question 1. Will my grandmother retain her right to hold a certain position if she had to go on maternity leave due to the discovery of a disease that does not allow her to provide full care for the baby?

Such a reason as the discovery of a disease in the mother that does not allow her to properly care for her as a child is established by law as a reason for granting leave to the grandmother. Legally, the closest relative retains the job. Upon returning from leave, she has the right to take up a position under the same conditions.