How can a man go on maternity leave?

How can a man go on maternity leave? - the question is very relevant today, because now, in conditions of gender equality, it is not uncommon for fathers to go on maternity leave. Let's figure out how to arrange it correctly.

Husband on maternity leave - can this be?

Parental leave for a man provided if he actually takes care of a baby under 3 years old (part 2 of article 256 of the Labor Code of Russia). In order to apply for parental leave (hereinafter referred to as Maternity leave), an employee must submit an appropriate application to his/her management.

In order to receive a child care allowance, in addition to the application for his appointment, you will need to submit other documents. So, according to part 6 of Art. 13 of the Law “On Compulsory Social Insurance…” dated December 29, 2006 No. 255-FZ, a certificate from the place of work of the mother of the child is required stating that she does not use the OUZR and, accordingly, does not receive benefits from the insured, or that she does not works and does not receive state assistance from the social security authorities.

The child's father can use the OUZR in full or in parts, including alternately with the child's mother or other relatives - this is expressly stated in the same Part 2 of Art. 256 TK. At the same time, in accordance with part 4 of the same article, for the duration of the OpUzR (that is, until the child's third birthday), the employer is obliged to keep the employee's workplace.

Is it possible to apply for maternity leave for a husband when adopting a child?

Question, How can my husband go on maternity leave? in the case of the adoption of a child, is no less relevant than in the case of the birth of a consanguineous one. According to part 2 of Art. 257 of the Labor Code of Russia, the father who has adopted the child, along with the adoptive mother, can take the OpUzR until the child reaches 3 years of age. However, the adoptive parents must agree on which of them will go on maternity leave, since both of them cannot use it at once, according to Part 3 of Art. 257 of the Labor Code and clause 1 of the Procedure for granting vacations ..., approved by government decree No. 719 dated 10/11/2001 (hereinafter referred to as the Procedure).

The procedure for applying for benefits for caring for an adopted child until he reaches one and a half years is similar to the procedure for looking after a child of his own. The only difference is the need to submit a copy of the court decision on adoption (clause 2 of the Procedure).

Conditions for applying for maternity leave for a husband

As mentioned above, the main condition for issuing an OPZR is the actual care of a child (both natural and adopted). The basis for granting leave by the employer is an application written by the employee.

The right to apply for a husband's allowance arises if the wife submits one of 2 certificates:

• about the fact that she is not on leave to care for the same child that her husband plans to look after, and does not receive a benefit of the same name (from her place of work);
• about the fact that state aid is not obtained if she does not work or continues full-time education in an educational institution (from the territorial body of social protection).

Maternity leave is granted to one of the adoptive parents (for example, the husband) upon an application written in any form. On the basis of this document, a copy of the court decision on adoption, the birth certificate of the adopted child and a certificate from the spouse’s place of work/study that she is not on maternity leave, issued in accordance with paragraph 4 of the Procedure, or OpUzR, by the employer ( at the place of work of the father) an appropriate order is issued indicating the duration of the leave (clause 3 of the Procedure).

Maternity leave for a man whose wife does not work

At first glance, there is nothing difficult in leaving a husband on maternity leave, even if the wife does not work, but each issue has its own nuances. So, most of the difficulties are connected not with how to go to the OUZR correctly, but with how to correctly draw up documents for receiving benefits from the insured in the event of such an insured event as the birth and upbringing of a child up to one and a half years of age.

The fact is that child care allowance can be issued not only from the employer (insured), but also in the social security authorities at the place of residence of the child's parents. The state allowance is issued, in particular, by unemployed (for example, dismissed due to the liquidation of an enterprise or studying full-time) mothers of children after the period for which the allowance was paid in connection with pregnancy and childbirth has ended.

Parents of one child cannot receive the allowance for caring for him at the same time, so they have to choose for whom to apply for the allowance - for a working father who will go to the OPM, or an unemployed mother. If the choice is obvious due to the higher income of the father (as you know, the amount of the benefit to the insured is calculated based on the amount of his earnings over the past 2 years), then the mother will be required to confirm that she has not issued a similar state benefit to the social security authorities.

How to apply for maternity leave to the father if the mother does not work

In order to apply for a PUZR, the father needs a certificate issued by the territorial social protection authority (at the place of registration of the mother) that the mother of the child does not receive assistance in caring for her child. Subsequently, this certificate is submitted to the employer when the father registers the OUZR and the corresponding allowance.

The certificate is attached to the application for granting the OPM to the father and the payment of child care allowance, among other documents. In the absence of such a certificate, the father will be denied benefits at his place of work.

Maternity leave for father and part-time work

The father, as well as the mother or any other relative caring for the child, may go out to work part-time without interrupting the LMP. It can be a 7-hour work day or a 38-hour work week. The payment of benefits does not stop.

At the same time, it is important that the employee actually worked out the time less than that established in Art. 91 and 94 of the Labor Code of Russia norms. A convenient mode of operation will help you choose clause 8 of the regulation approved by the Decree of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of 04/29/1980 No. 111 / 8-51.

This option is often used in families in which the mother of the child is not employed or there are non-working grandparents who can look after the child while the father works part-time. It turns out that it is unprofitable to issue an allowance for a mother without official earnings or for a disabled family member, since the allowance will be very small or will not be assigned at all.

Documents for paternity leave

To leave for the OUZR, the father of the child will need to submit the following package of documents to the employer:

• an application for the provision of the OPZR, written in free form;
• birth certificate of the child, copies of certificates for other children in the family;
• a certificate stating that the mother does not receive benefits for caring for this child (at her job, in the social security authority);
• certificate of earnings of the father from the previous employer;
• certificates from other employers (if the father is a part-time worker) that no allowance was issued at these places of work (part 7 of article 13 of law No. 255-FZ);
• adoption decision (for adoptive parents).

These documents can be submitted to the insured in electronic format, in accordance with paragraph 5.1 of the procedure approved by the order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n. Also, these documents can be sent using the services of the Russian Post (clause 5 of the above procedure).

The text of the statement might look like this:

« I ask you to provide me with parental leave (indicate full name, date of birth and which child in the family) from (indicate the start date of the vacation) to (indicate the end date of the vacation) inclusive (up to 3 years old).

I ask you to make an appointment and start paying child care allowance until he reaches 1.5 years of age».

So, the father of the child, just like the mother, can go to the OpUzR. Father's leave can be granted in full until the child's third birthday or partially according to the application submitted by the employer with the attached package of documents. Based on the application, which indicates the specific dates and duration of the vacation, an order is issued. Such leave can be issued not only to care for your own child, but also for an adopted or taken under guardianship.

The OUZR is issued to the spouse (or aunt/uncle, grandfather/grandmother, etc.) who will actually take care of the child. While in the OUZR, the father has the right, without interrupting it, to go to work on a part-time basis - this can be either an individual schedule that provides for a shortened working day or a part-time work week. In addition, the father, while on this vacation, can change his schedule and start working at home.

Before the child reaches the age of three, his father can interrupt his parental leave at any time and then apply again. Each of these decisions is accompanied by the submission of an appropriate application, on the basis of which the employer issues an order to grant leave or leave the employee from it.