Maternity leave before childbirth. The nuances of registration and calculation of payments from decree to decree. Rescheduling maternity leave

Maternity leave(BiR, in everyday life just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent service under a contract. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and devote time to the newborn.

The right to maternity leave is enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social security benefits.

B&R leave is granted both for native (born) children and for adopted children under the age of 3 months.
Do not confuse maternity leave (maternity leave) and childcare leave up to 1.5 years old. In a legal sense, these are completely different periods.

A feature of maternity leave in Russia is that it can be issued only woman.

Sometimes they write or say that dad can be sent on maternity leave. This implies Holiday to care for the child, but not according to BiR.
According to Art. 123 of the Labor Code of the Russian Federation, for the period of the wife’s decree, a man can only be provided out of turn annual paid vacation.

New law dated 29.06.2015 No. 201-FZ amended the conditions for granting maternity leave for fixed-term employment contract. If earlier the employer was obliged to extend the contract with the employee only for the period of pregnancy until the birth of the child, now the woman is provided with the statutory postnatal leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of the decree).

How many weeks is issued

The period at which a woman can legally go on maternity leave - 30 weeks. To go on vacation, you need to get maternity sick leave from the doctor. The document will indicate the start and end dates of the decree.

In some cases, set other terms decree execution:

27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
28 weeks - with multiple pregnancy.
If a woman had a premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave date later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of the decree - if it falls at the end of the year, it is sometimes more expedient to postpone it at the beginning of next year despite several lost days payable on sick leave. This is done to be used as a calculated current calendar year- as a rule, more profitable in terms of earnings.

How many days is legal

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 2018 may vary. The number of days of the decree depends on the place of residence and work of the woman, the characteristics of the course of childbirth, the number of children born.

Vacation in BiR 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, anyway, as a result, the woman will be given total number of days maternity leave.

Below is the duration of B&R leave before and after childbirth for different categories of women.

Maternity leave table

Conditions	Length of maternity leave in days
Conditions	Before giving birth	After childbirth	Total
The usual course of pregnancy and childbirth	70	70	140
The same for women living or working on the territory contaminated after the accident at the Chernobyl nuclear power plant, the Mayak plant or waste dumping into the river. Techa (hereinafter - in the contaminated area)	90	70	160
Normal pregnancy, complicated delivery	70	86	156
The same for women living or working in the "Chernobyl zone"	90	86	176
Preterm birth (between 22 and 30 obstetric weeks)	0	156	156
Multiple pregnancy established before 30 weeks	84	110	194
Multiple pregnancy established at birth	70	124	194

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with the law No. 1244-1 dated May 15, 1991, during this period, it is planned to conduct their rehabilitation outside the contamination zone before delivery.

For woman, adoptive baby under the age of 3 months, the duration of the decree may be shorter:

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

Making maternity leave

To go on maternity leave, a pregnant woman must provide the employer sick leave from an obstetrician-gynecologist and write statement about your desire to take a vacation in BiR. It is important for the employee to take maternity leave for two reasons:

to get a B&R allowance;
to follow her job was saved for the period of maternity leave, as well as the subsequent care of a child up to 3 years.

In return for the application and the hospital personnel department provided by the woman, the personnel department issues her a notification-receipt of the acceptance of documents (written in free form, the second copy remains with the organization).

The start date of the decree may coincide with that indicated on the disability certificate, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the decree itself will not be postponed to a later date, but will be reduced, since it will end no later than the date indicated in the sick leave.

Decree sick leave

Disability certificate issued on official letterhead, approved by the order of the Ministry of Health and Social Development of June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is filled in medical institution, the second (for calculating maternity benefits) - employer women.

Basic requirements for filling out sick leave (valid for both the doctor and the employer):

Cells are filled with large printed Russian letters and numbers, which should not go beyond the cell.
Entries can be made on a printer or handwritten with a black gel, fountain, or other pen (but not a ballpoint pen).
Any blots, strikethroughs and errors are prohibited. Even with one strikethrough, you need to change the form and rewrite it all over again.
The name of the employing organization can be written in full or abbreviated form (if such a form is provided for by the constituent documents).
If the inscription (name of the enterprise, surname of the doctor and others) does not fit in the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the FSS may not accept an incorrectly completed document. Correctly and finally completed sick leave is transferred to the accounting department for the calculation of B&R benefits.

If an error is found, the disability certificate is returned to the woman, who must re-apply to the medical institution for a new document.
An incorrect name of the insured organization is not considered a mistake, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main reason for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Certain information must be included in the document. These include:

Details of the organization, full name of the head.
Full name of the employee without abbreviations (you can also indicate the position).
Details of an identity document.
Information about the place of registration and residence.
Please provide leave for BiR.
Request to pay maternity allowance and a one-time allowance for registration in early pregnancy (optional).
Desired method of receiving benefits, card details.
The number and date of the sick leave according to BiR.
Signature of the employee, last name and date of filling out the application.

Being on maternity leave is the basis for assigning a woman a maternity allowance. In this case, most often one combined application is filled out - both for vacation and for payments for it on sick leave.

Order for maternity leave

After the application and the sick leave were received from the woman at the place of work, the personnel department of the enterprise forms maternity leave order. The form of the document is not clearly regulated by law; as a basis, one can take unified form No. T-6 or develop your own.

The order must contain the following information:

name of the insurer;
date and document number;
Full name of the employee, personnel number, name of her position and structural unit;
type of leave (for pregnancy and childbirth);
grounds for granting the decree;
vacation start and end dates, its duration;
Full name of the head of the organization, his signature.

Employee familiarizes with the order without fail, signed and dated. Ideally, she is provided with a copy of the document. After that, it is written on the order that he is sent to the personal file of the employee.

On the basis of the order, data on the decree are entered into the personal card (form No. T-2) of the employee. The fact that a woman is on leave for BiR is reflected in the time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Vacation in BiR is paid in full, from the first to the last day. The allowance is transferred at the same time at the woman's expense for the entire period.

The main criteria for calculating payment for maternity leave:

For each full month of the decree, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
With very little or no earnings, as well as with work experience in the organization up to 6 months. calculation and payment is made according to the current value of the minimum wage (minimum wage). From February 1, 2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
The maximum amount of payment is regulated using the bases for calculating insurance premiums. The incomes of the worker for a certain year are compared with their values.

If there are several employers for whom a woman has been working for more than two years, the decree is paid each of them. At the same time, the payment for child care can be issued only with one of the insurers.

Maternity leave is paid only if sick leave has been granted not later than six months after the end of the decree. Otherwise, the woman may need to prove her eligibility for the B&D benefit in court.

Calculation of maternity leave

Calculation of maternity leave allowance bookkeeping is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct Payouts") according to the established procedure. This takes into account the following data:

The total earnings of a woman for the two calendar years preceding the maternity leave. For those whose maternity leave will begin in 2018, 2016 and 2017 will be calculated.
The length of the calculation period (in 2016-2017 - 731 days).
The number of days "falling out" of the billing period due to being on sick leave, parental leave, etc.

Maternity leave is calculated in the following order:

the exact number of days in the billing period is calculated (outliers are subtracted from 731);
the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
the size of the lump sum is found (the average daily earnings are multiplied by the number of days of maternity leave, which is taken from the sick leave).

The amount of the allowance must fit within certain limits. In 2018 for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (at the rate of 9,489 rubles for each full month), maximum- RUB 282,106.70

FSS online calculator

To facilitate calculations and pre-calculate the amount that a woman can count on after going on maternity leave, an online calculator on the FSS website will help. It is based on the above method for calculating maternity leave. This is how the size of the allowance for an accountant at the enterprise and in the FSS is considered.

You need to carefully fill in the fields:

Type of disability (pregnancy and childbirth).
Enter the dates of the period of disability indicated in the sick leave.
If a woman has been on parental leave during the past two years, she can replace the years of calculation.
In the "Terms of calculation" enter the amount of earnings for 2016-2017. (or another billing period), the number of days excluded from the calculation, carefully check the boxes.
You can pay attention to the column “Work experience” only if the experience does not exceed six months in this organization.

Maternity leave payment

Decree payment is made from the Social Insurance Fund (FSS). In general, the process occurs in the following sequence:

Woman writing a letter to the employer for maternity leave and allowance.
The term for making a decision at the place of work on the payment of vacation and the calculation of maternity benefits - in the general case 10 calendar days.
There is a certain period of time for the transfer of money. The employer must transfer funds on the first day of payroll along with the wages of other employees.
The employer (insured) initially pays money from their own funds, and only then does the FSS reimburse him the payment by reducing the insurance premiums payable and / or paying compensation.
In some constituent entities of the Russian Federation, where the Direct Payments project operates, vacation is paid to a woman directly from the territorial body of the FSS (although the application for a decree is written to the employer anyway, its calculation and payment is carried out by social insurance workers). At the same time, the FSS has the right to pay maternity leave until the 26th day of the month following the application for maternity leave.

Together with the payment for pregnancy and childbirth, you can apply for a one-time allowance, which is issued upon early registration in a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.

Conclusion

Maternity leave (maternity leave) workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation go on maternity leave at 30 weeks pregnancy. To do this, in the antenatal clinic, you need to apply for sick leave, provide it to the employer (to the educational institution, at the place of service) and write an application for leave.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once for the entire period of vacation in BiR at the woman's expense. Maternity allowance is paid to female workers for whom the employer pays insurance premiums.

Article 256 of the Labor Code establishes the right of a mother to leave to care for a baby up to 3 years old, or, in popular language, to a decree. Situations in which a newly-made mother is unable to care for a child are common. In this case, the decree can be issued to another family member.

Regardless of who issued the maternity leave, he is entitled to two types of benefits. The first, in the amount of 40% of the average salary of the applicant, is paid by the employer on a monthly basis, until the moment when the baby is 1.5 years old. The allowance is transferred at the expense of the FSS, it is not subject to personal income tax. The second, in the amount of 50 rubles, increased by the regional coefficient, is paid by the employer monthly for up to 3 years, at the expense of the organization, also without tax deduction.

According to Article 256 of the Labor Code of the Russian Federation, a decree can be issued:

dad;
grandparents, both on the mother's side and on the father's side;
other relatives who will actually care for the newborn;
legal guardians and adoptive parents.

All of the above family members can qualify for cash payments (childcare benefits) established by Part 3.2 of Art. 14 of Law N 255-FZ.

Please note that only the mother of the child can go on maternity leave!

Grandmother on maternity leave instead of mom: design features

The main difference between situations in which a grandmother or other close relative goes on parental leave is the need to confirm that parents and other family members do not receive the benefits listed above.

For confirmation, you will need an official document (certificate, extract, information) of the relevant organization. For example, a certificate from the mother's or father's place of work, or an extract from the Employment Center stating that the parents do not receive the benefits they are entitled to.

List of documents

To receive parental leave, a grandmother should prepare a package of documents:

An application of any form, for the provision of leave to care for a baby up to 1.5 or 3 years.
A copy of the child's birth certificate.
Documents confirming that the mother, father or other guardian is not on maternity leave and does not receive cash payments under Part 2 of Art. 14 of Law N 255-FZ.

A relative or guardian must submit the generated package of documents at their place of work. The employer does not have the right to refuse to satisfy the application, since this is a direct violation of labor legislation, entailing administrative liability (part 3 of article 268 of the Labor Code of the Russian Federation). In case of refusal, the employee can file a complaint with the labor inspectorate or the court. Also, the employer is not entitled to dismiss the employee who filed for child care.

The length of service for the period of stay of a grandmother or other family member on maternity leave is not interrupted.

When taking maternity leave, grandmother, instead of mom or dad, has the right to continue working, but there are restrictions. To keep your payments, you can work at home or on a free schedule, but not full time!

Instructions on how to issue a decree for a grandmother

Step 1. Get the necessary documents, first of all, a written confirmation that the baby's parents did not go on maternity leave.

An employee at the place of work of both mom and dad must receive confirmation. There is no established form of the document, the employers of the baby's parents draw up a certificate in any form.

A copy of the birth certificate is not required. It is enough to get the original and a well-read copy to verify the data.

Step 2. Get a statement from the employee.

There is no single form for applying for a decree. Most employers have developed and approved their own forms.

Step 3. Issue an order.

In this case, the usual is compiled.

Benefits and payments

The mother of the child is entitled to monthly cash benefits for care (until the age of 1.5 years and 3 years). If maternity leave is issued for a grandmother, then the employer pays her social compensation for up to 1.5 years. Such compensation payment is calculated in the amount of 40% of the average salary of the employee who applied for child care. The procedure for calculating average earnings is determined by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (as amended on December 10, 2016). When calculating compensation, a limit was set, for 2019 it amounted to 26,152.27 rubles per month (from February 1).

The current legislation provides for situations in which it is possible to draw up a decree not in full, but in parts (paragraph 2 of article 256 of the Labor Code of the Russian Federation). So, for example, a mother draws up a decree for a newborn, until they reach the age of 6 months, and then gets to work. And the grandmother (grandfather, father, guardian) takes care of the baby up to 1.5 or 3 years and receives the established monthly allowances.

How to apply for maternity leave for a grandmother if she does not work

The unemployed are not entitled to benefits or social compensation. The exceptions under which an unemployed guardian may receive payments are if both parents:

missing;
deprived of parental rights;
serve their sentences in prisons.

In this case, the guardian or close relative must provide documents to the social security authorities for the appointment of cash payments.

What types of maternity leave are provided for by the current Russian legislation, what is their duration and how payments are made during the period of parental leave - this will be discussed in today's article.

Maternity leave in our country is called parental leave - the period provided to the mother, father or guardian of the child in connection with his birth. During such a vacation, not only the maternity leave job is preserved, but payments are also made in accordance with the norms of labor legislation and social security legislation.

○ Terms: maternity leave before and after childbirth.

The concept of parental leave should be distinguished from sick leave for pregnancy and childbirth. Firstly, a sick leave for pregnancy and childbirth is issued only to the mother of the child who is in a state of pregnancy. This period is also called maternity leave before childbirth - however, this is nothing more than sick leave, issued to a pregnant woman at a certain period before childbirth.

As a general rule, the term of the sick leave is limited to 140 days - 70 days before childbirth, and 70 days after childbirth. The specified period of incapacity for work is paid in accordance with the legislation governing the payment of sick leave - that is, based on the total length of service of the woman and her average salary.

The sick leave period can be extended up to 86 days after childbirth if the delivery took place with complications, which include caesarean section. If the pregnancy is multiple, that is, the birth of twins, triplets or even more children is expected, then the period of disability for pregnancy and childbirth will be 84 days before the date of birth and 110 days after.

Such a sick leave is issued in the antenatal clinic, in which a pregnant woman is registered. As a rule, the document is drawn up at the 28th or 30th week of pregnancy, after which the sheet must be presented to the employer at the place of work of the expectant mother. I draw your attention to the fact that the sick leave must be issued correctly - otherwise there is a risk of non-receipt of payment or delay in paying the sick leave.

Parental leave can just be granted immediately after the end of the sick leave for pregnancy and childbirth.

○ Benefits for pregnant women before maternity leave.

You should know that a pregnant woman cannot be dismissed at the initiative of the employer, has the right to receive annual paid leave before the decree, cannot be sent on a business trip and be involved in overtime work.

○ Until how much maternity leave is paid:

✔ Up to 1.5 years.

So, leave to care for a child under 1.5 years old should be issued at the place of work of the person who claims such leave.

By the way, the right to go on maternity leave can be exercised not only by the mother of the baby, but also by the father and even the grandmother.

As a rule, maternity leave up to one and a half years, in case the mother takes care of the baby, is issued immediately after presenting the sick leave to the employer on pregnancy and childbirth. To grant leave, it will be necessary to write a corresponding application to the employer, and after that, provide personnel officers with a copy of the baby's birth certificate.

During the first year and a half of a baby's life, parents or guardians on maternity leave may apply for a payment in 40% of the average monthly salary.

The average monthly salary is calculated for 2 years, or preceding the maternity leave, or for another work period of a similar duration. I will not delve into the calculation procedure - I will only say that the minimum amount of such a payment in the current 2015 is 2718.35 rubles per month for the first child, and 5436.67 rubles per month for the second and subsequent children.

If the person on maternity leave was not employed on the date of parental leave, such benefits can also be obtained from the social security authorities. To do this, it will be necessary to present a copy of the work book, information on income and other documents, the list of which can be clarified in the social protection unit at the place of residence.

One important point must be taken into account - the payment of benefits for caring for a child under the age of 1.5 years does not begin from the birth of the baby, but from the date of termination of the sick leave for pregnancy and childbirth issued to the mother.

✔ Up to 3 years.

At the request of a person on maternity leave, parental leave can be extended up to 3 years. The basis for granting such leave will be a personal statement of the maternity leave, written to the employer or to the social protection authorities, if there is no main place of work.

After the child reaches the age of one and a half years, the payment of benefits in the amount of 40% of the average monthly salary is terminated.

The amount of payment during maternity leave from 1.5 to 3 years will be a little more than 57 rubles per month - this is the amount established by federal law.

As a general rule, when a child reaches 3 years of age, a person on maternity leave must begin their labor duties. It is assumed that a child at this age should already get a place in a municipal or state preschool institution - in a kindergarten.

Traditionally in Russia, maternity payments are called compensation from the state at the birth of a child. These include:

The first two payments from the list are directly related to pregnancy. It is logical that only the mother of the child can receive these compensations. The father has no right to claim them.

As for points 3 and 4, maternity can be received by any of the parents of the baby, that is, the husband and father, including.

Payments on leave to care for a child up to three years are only 50 rubles a month, so few people use them. However, the father of the child may receive this compensation subject to the extension of parental leave.

Payout amount

So, dads can qualify for two types of financial assistance. How much money can you get?

The amount of compensation from the state is 16,759.09 in the current year. It is paid only on live babies to either parent. In the case of the birth of several babies, the allowance relies on each of them.

Important! If both parents are employed, or vice versa, both unemployed, they can independently decide which of them will receive the money.

If one of the parents works and the other does not, then compensation is assigned to the parent who is officially employed.

Step-by-step instructions for applying for a grant.

With regard to money for child care, the amount of the allowance due to be paid to a newly-made father is 40% of his average monthly salary.

Such earnings are determined according to data for the two years preceding the vacation, but the total amount of payments should not exceed the average monthly earnings for the last 2 years.

The maximum possible payment in the current year for child care for dads going on parental leave is 24,536.57 rubles.

If the dad's salary does not exceed this indicator, it will be used to calculate the payment (that is, 40% will be considered from it). Thus, the monthly financial assistance will be equal to 3795.6 rubles.

Note that dad has the right to work part-time, in which case he retains the right to financial assistance. And here work and at the same time receive the above payment is prohibited.

For unemployed fathers, the allowance for caring for a baby is assigned in the amount of 3142 rubles at the birth of the first child, 6284 rubles for the second and subsequent children.

The district coefficient also affects the amount of benefits. Accordingly, if one is established in the father's region of residence, this will be another addition to the maternity payment.

Can a husband and father get maternity leave if the wife does not work?

The husband and father can receive maternity benefits, regardless of whether the child's mother is employed or unemployed.

Moreover, in addition to the legal husband of the mother of the child, the biological father of the child can also receive benefits, even if his mother and father did not create a family by law.

If necessary, parental leave and receipt of payments can be issued to close relatives of the baby's parents.

Important! A prerequisite for receiving maternity payments to dad is the presence of his last name, first name and patronymic in the “father” column of the baby’s birth certificate.

How to get maternity leave for husband

As stated in paragraph 3 of Art. 12 of the Federal Law No. 255 “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, when a man decides to go on maternity leave instead of his wife, he applies for benefits within six months after the birth of the child before he is 1.5 years old.

If the spouse is entitled to leave due to pregnancy and childbirth, then child care allowance can be received only after it ends. It is appointed within ten days after the submission of documents.

In order to officially go on maternity leave and receive all payments due, the baby's father must collect the necessary documents:

application for payment of benefits ();
a copy and original of the child's birth certificate;
a copy of the marriage document;
a copy of the applicant's passport;
a certificate confirming that the mother of the child is not officially on maternity leave and she is not paid benefits due to temporary disability. If the mother is unemployed, she takes a similar certificate from the social security authorities at the place of residence ();
if the parents do not work, you need to attach copies of work books with the last place of work.

Attention: when a husband contacts the personnel service, he must be given a copy of the order with specific dates for the start and end of maternity leave, endorsed by the head, with a seal.

The funds are accrued and paid at the place of official employment of the man, or, if he does not work, they are transferred to the provided bank details or by postal order.

Monthly benefits payment terms:

through the employer on the day of payroll;
through the social security authorities, usually in the second half of the month.

If there are no disagreements, then the father of the child will receive the money without difficulty, otherwise you will have to contact the territorial center of the FSS to resolve the dispute that has arisen.

In 2018, the amount of maternity benefits, both for mothers and fathers of newborns, varies greatly. An important role for the recipient of payments is played by the level of his salary before going on maternity leave, while state support in our country is not so significant.

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

Initially, this approach to the mother's decree is also enshrined in legislation. Until 2007, the legislation did not contain norms that would provide for the possibility of access to parental leave for dad and payment of an appropriate allowance. The situation has changed along with changes in the labor legislation of the Russian Federation.

Paternity leave - grounds for leave

Article 256 of the Labor Code of the Russian Federation provides for the father's right to go on maternity leave (vacation to care for a child). The most common reasons for “role reversal” in terms of child care can be:

Informal employment of the mother of the child or its complete absence.
A significant difference in the earnings of the spouses (in the direction of the woman).
The need for a woman to rest after childbirth in physical or moral terms.
A woman has postpartum depression.
Temporary disability of the child's mother.
Registration of a maternity "vacation" for the care of twins or triplets (in this case, the mother has the right to issue a decree for one child, and the father for the second).

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

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

To form the correct position, it is necessary to distinguish between two concepts - "maternity leave" and "leave to care for a child". It is customary to call a decree a temporary release from the performance of labor duties in connection with the pregnancy and childbirth of a woman.

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

Article 18 of the Law of the Russian Federation "On Holidays" provides for the right to go on care leave to the following persons:

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

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

Maternity leave for father - registration procedure

Article 18 of the Law "On Holidays" regulates the procedure for issuing leave to care for a son or daughter and maternity leave. They are opened on the basis of an appropriate application, which is submitted directly at the place of work.

The application must also be accompanied by:

Birth certificate of the child.
Certificate from the place of work / study of the mother.

This certificate is intended to confirm the fact that the mother is not on maternity leave with the father at the same time. If, in accordance with Article 256 of the Labor Code, the spouses decide to share the vacation (to go on it alternately), then the corresponding time periods (dates) should be displayed in the certificate.

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

A copy of the mother's work book, which indicates the absence of her employment and receipt of benefits at work.
Mother's disability certificate (certificate from the maternity hospital / hospital).
Marriage certificate.

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

To make a decision on granting leave, it is enough for the employer to obtain a copy of the page from the birth certificate that certifies paternity.

After going on parental leave, in the case of official employment of the father, he retains his job. During the absence of an employee, the employer has the right to find a replacement for him. However, after the release of the decree, he will start working at the same place. It is also possible to establish an agreement with the employer to perform a certain part of the work at home.

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

Father's maternity allowance

The father can count on a par with the mother. In order to receive funds for child care, you must contact the FSS.

Provide in this case:

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

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

Father's allowance

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

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

The law also sets a cap on the childcare allowance, which is 40 percent of the father's earnings.

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

Other features of the father's decree and judicial practice

One of the characteristic features of the "decree" for a man is the date of its beginning. Such leave begins its countdown from the day following the day of the last day of leave of the mother of the child in connection with pregnancy and childbirth.

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

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

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

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

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