Maternity leave. Girls, tell me what to do when maternity leave is over, what to do? Maternity leave and child care

In our country, maternity benefits are provided not only to mothers. In 2017, legislators made maternity leave possible for grandmothers and other family relatives. Small benefits do not make it possible to support a family, and therefore very often mothers have to hire a nanny or provide this opportunity to relatives. In this article we will talk about maternity leave for grandparents and consider the conditions for provision.

Maternity leave, conditions of provision

In order for the grandmother to take leave for the baby, she must meet the following conditions:

1. Working parents of the baby confirm with certificates from their place of work that they do not enjoy the right to maternity leave.
2. If a mother interrupts her vacation to take care of the baby, take a document confirming the fact of going to work.
3. The grandmother must be officially registered with the employer.

If the grandmother has unemployed status or is an old-age pensioner, maternity leave and all social benefits are provided if:

• missing or deceased parents;
• parents who have been removed from parental rights;
• due to poor health they are not able to raise a child;
• refuse to raise a child.

Preparation of documents for maternity leave

When applying for maternity leave for a baby, the grandmother must provide the following documents at her place of employment:

• a document confirming the birth of a child;
• a certificate of resumption of work from the place of employment or the mother is studying full-time;
• a document confirming the relationship between the child and the grandmother;
• certificates stating that parents were not provided with child care benefits from their place of work;
• a certificate from a medical institution stating that the parents are sick;
• an application from the grandmother to grant her maternity leave, indicating the date and end of the leave.

All documents must be certified by the seal and signature of the manager. The manager does not have the right to refuse to grant an employee the right to maternity leave. After checking the documents provided, the employer signs an order for the employee to authorize maternity leave.

Calculation of the amount of maternity benefit up to 1.5 years

Maternity benefits are accrued to employees whose employer transfers insurance contributions to the Social Insurance Fund every month and is calculated using the following formula: monthly benefit amount = average daily income for 2 years * average number of days per year (365/12 months = 30.4 days)* 0.4 (from average earnings of 40% for the last two years before maternity leave).

Option 1. The employee worked at one company for 6 full years. On February 27, 2017, the employee, with documents and an application, contacted the HR department in order to receive an allowance for each month for caring for a baby up to 1.5 years old.

Let’s make a full calculation: we take the amounts of calculated annual income for the last 2 years:

• for the period of 2015, the accounting department accrued annual income in the amount of 550,000 rubles. (the limit for an insured event is 670,000 rubles)
• for the period 2016 – 630,000 rubles. (the maximum insurance value is 718,000 rubles)

The employee worked all working days for 2 years, there were no absences on sick leave, so for the calculation amount we take the entire number of days, which will be 731 = 365 + 366 (2016 is a leap year).

• Based on the calculation, the average daily earnings will be:

(550000+630000)/731=1614.23 rub.

• Monthly benefit calculation:

1614.23x30.4x0.4= 19,629.04 rubles.

Option 2. The employee’s annual income in 2015 was 580,000 rubles. and in 2016 – 600,000 rubles.

• The amount of accrued income, according to the statement, for 2 years: 580000 + 600000 = 1180000 rubles.
• The employee was on sick leave for 10 full calendar days, these days are excluded from the calculation.
• The number of days for the last 2 years is: 2015 – 365 days, 2016 – 366 days, 365 + 366 = 731 days.
• 731-10 (days on sick leave) = 721 days we take to calculate the monthly compensation.
• Calculation of maternity compensation up to 1.5 years: (580,000 + 600,000) / 721 = 1636.62 rubles.
• Monthly compensation: 1636.62x30.4x0.4=19901.30 rubles.

Directly, for calculating days, cases such as:

• Time of illness and pregnancy (sick leave for illness and pregnancy and childbirth);
• Exemption from the performance of the employee’s duties when earnings are retained if the employer did not transfer tax to the Social Insurance Fund;
• It is possible to replace the calculated calendar years if the employee in 2015-2016. used maternity leave for pregnancy and childbirth and to care for a small child.

Nature of payments and amounts of benefits

On February 1, 2017, innovations regarding the calculation and payment of benefits from the Social Insurance Fund came into effect. Let's compare the table of payments and child benefits:

Until 02/01/2017	From 01.02. 2017
Maternity compensation for pregnancy and childbirth
	The average accrual for 2 years (2015, 2016) before the start of maternity leave, the payment is made by the Social Insurance Fund in the amount of 100%.
Compensation, one-time, for women who registered early (first trimester)
581-73 rub.	613-14 rub.
One-time compensation for guardians upon adoption of a child or placed in foster care
RUB 15,512-65	16350-33 rub.
Payment of compensation, one-time, upon the birth of a baby
RUB 15,512-65	16350-33 rub.
Help, every month, for parents for a baby up to 1.5 years old
	Average earnings x 40% or minimum: RUB 2,908-62 – for 1st one child, 5,817-24 rubles - for the 2nd and subsequent children; the highest – 11,634-50 rubles.
Payment of compensation, one-time, to the spouse of a military man serving compulsory service
RUB 24,565-89	25892-45 rub.
Guardians who have adopted a disabled child, a child over 7 years old, or related children
RUB 118,529-25	RUB 124,929-83
Payment of compensation, monthly, for the child of the parent of a conscript-soldier
10,528-24 rub.	RUB 11,096-77
Amount of benefit, monthly, per child, for the loss of a breadwinner-military, until adulthood
2117-50 rub.	2240-32 rub.
Amount of maternity capital = 453,026 rubles.

Duration of maternity leave

Paid maternity leave is divided into two types:

1. Maternity leave for pregnancy and childbirth (sick leave for a period of 140 - 194 days). This leave can be used by pregnant mothers or guardians who have adopted a newborn.
2. Maternity leave to care for a baby up to 1.5 or up to 3 years. Both employed and unemployed family members (mother, father, father-in-law, grandmother, grandfather, mother-in-law, etc.) can use it.
3. Amounts of amounts and number of days for maternity benefits (sick leave):

Days on sick leave	Benefits (maximum)	Benefits (minimum)
140	266 192-00 rub.	RUB 34,521-00
156	RUB 296,614-00	RUB 38,466-00
194	RUB 368,866-00	RUR 47,837-00

Getting ready for vacation, maternity leave for up to 3 years

Mothers very rarely take out maternity leave for up to 3 years for the reason: a small allowance on which it is impossible to support a family. Often, young mothers give grandmothers the opportunity to take care of the child, and they enjoy this right by law.

The grandmother writes an application at her place of employment, addressed to the director, about the possibility of granting maternity leave to care for the baby until she turns three years old. The employee begins to perform her immediate job duties when the child is 3 years old.

Is it possible to apply for maternity leave during adoption?

Maternity leave for adoption is issued by the guardian for 70 calendar days from the birth of the baby, for 110 calendar days - for two or more children. The required documents (application for leave and sick leave) for the appointment of maternity leave are brought by guardians to the HR department of the organization, according to the job description.

The child's guardians are assigned and paid compensation for pregnancy and childbirth, applying the regulations of the law.

About the fact of adoption of a baby, it is criminally punishable to disclose the secret of adoption without the permission of the guardians. According to Federal Law No. 81 of May 19, 1995, when adopting a child, the state allocates the following payments:

• one-time assistance when a baby is transferred to a family;
• monthly payment, based on 40% of average earnings up to 1.5 years;
• payment every month up to 3 years.

Adoption. Re-registration of maternity leave

The legislation allows re-registration of maternity leave upon adoption to a retired grandmother and family relatives. There are often cases when a guardian mother, trusting the baby’s grandmother, goes to work because the benefit paid during maternity leave cannot support him.

Package of documents for re-registration of maternity leave:

1. An application to the personnel service addressed to the head of the organization for the provision of maternity leave for up to 1.5 years or up to three years.
2. Document on the birth of a grandson.
3. A document confirming the relationship between grandmother and grandson.
4. Certificates where the parents work, that maternity leave was not assigned and benefits too. Parents do not work; the certificate is provided by the social protection center.
5. A certificate from the place of employment stating that the mother began working after interrupting her maternity leave.

All of the above documents are submitted to the HR department at the place where the grandmother works, and by order, the head of the enterprise issues maternity leave for the care of the baby.

Grandmothers on maternity leave, part-time work

The opportunity to provide part-time work or work from home can be taken advantage of by a retired grandmother or other family members who are on maternity leave to care for a small child, while the employee absolutely retains his or her job, length of service and all applicable social benefits. insurance.

Category “Questions and answers”

Question No. 1. Is it possible to arrange maternity leave for a mother-in-law for a small daughter up to 1.5 years old and payment of maternity benefits? Due to poor health, I cannot take care of my daughter.

Yes, you can.

Question No. 2. Can a retired, working grandmother get maternity leave for 6 months if her mother is not employed?

Yes, you can.

Question No. 3. Grandmothers want to take care of their children, is it possible to reduce the working day to 4 hours?

All relatives caring for a newborn, including a retired grandmother, have the legal right to reduce their working hours or carry out orders at home, while fully maintaining their job, length of service and all applicable social insurance payments.

Question No. 4. My daughter had two children, my son-in-law works. Is it possible for a retired grandmother to take maternity leave to help her daughter? Tell me what documents need to be prepared and where to submit them?

Maybe if grandma works. Collect and submit documents to the HR department:

• statement;
• document confirming the birth of children;
• a document indicating that maternity leave was not paid and that maternity leave was not taken.

Question No. 5. Can a grandmother be fired from an enterprise if she wants to care for a baby under 1.5 years old?

With the advent of a child, every family not only has new pleasant chores, but also significantly increases expenses, especially since the entire burden of financial support for the family falls, as a rule, on the shoulders of the father.

The state takes a number of measures to support families with children, including the payment of special benefits and provision for working women expecting a child.

For example, all of them, regardless of length of service, receive payments and benefits during maternity leave. The USSR became the first state in the world to provide women with this type of hair since 1917. The right to it and payment of insurance coverage to all pregnant women is reflected in Articles 225 and 226 of the Labor Code of our country.

The introduction of such leave is due to the fact that in the later stages of pregnancy, due to health reasons, it is already difficult for women, and if the course is complex, it is impossible to fulfill their duties; in addition, the expectant mother needs time to prepare for the birth of the baby.

Types of financial assistance

Maternity leave, popularly referred to as “maternity leave,” involves release from work while maintaining length of service and place of service and receipt of social benefits provided by the employer or local branches of the Social Insurance Fund.

Maternity leave divided into two parts, its duration depends on certain conditions and can be different:

• 70 days each for the pre- and postpartum part (140 calendar days in total);
• if it is expected that the birth will be complicated, the postpartum part is increased by 16 days (156 days in total);
• if several babies are expected to be born at once, then two weeks are added to the first part and forty days to the second (194 days in total).

When a woman goes on vacation, she receives By pregnancy and childbirth, the basis for calculating it is her income, the average for the last two years.

If a woman works in not one, but several work groups at once, then maternity leave is provided at each place of work.

Parents can also count on receiving such compensation payments:

If a woman, while on maternity leave, expecting the birth of her second baby, then all the allowance is also provided to her again according to the same scheme.

Who can receive

All working women, including those liable for military service, students, employees of military organizations who are not military personnel, as well as those registered at the labor exchange, can take advantage of the right to receive maternity leave.

Financial support the state pays for women:

If the length of service before going on maternity leave is no more than 6 months, benefits and compensation in this case will be calculated based on the amount.

Calculation rules and dimensions

The level depends on the length of service and labor income of the last two years. Magnitude maternity benefits is calculated by multiplying vacation days by average daily earnings.

It is defined as follows: from the sum of the average monthly wages of the expectant mother for the two years worked prior to going on leave, all periods of incapacity for work are excluded, and this also includes past maternity leave. Next, the resulting number is divided by 730 days (or 731 if one year is a leap year).

If a woman worked in two places, then her wages at both enterprises are added up when calculating. If she also continues to work in two teams, then the benefit is paid in one of the employee’s choice.

If the average salary results in less than the minimum wage or work experience is no more than 6 months, all calculations will be made based on the minimum wage rate (in 2019 it is equal to 11,280 rubles).

In order to calculate how much you can count on as monthly child care allowance, the average daily income must be multiplied by 30.4 (the average number of days in a month) and the percentage of income (0.4).

Minimum and maximum amounts

Since the minimum wage level approved in 2019 is taken for calculation, the most small amount benefits will be equal to:

• for uncomplicated childbirth – 51,9019 rubles;
• for complex cases – 57,852 rubles;
• for the birth of several children at once - 71,944 rubles.

The largest amount is limited by the scale of average earnings from which social insurance deductions are levied. The size of the insurance base in 2018 was 815,000 rubles, and in 2017 – 755,000 rubles. For the calculation, the salary level of the last two years is taken, the values ​​of the insurance bases of that period are used, that is, 815,000 and 755,000 rubles.

Therefore in 2019 the maximum you can get depending on the duration of the vacation is:

• 301,095.2 rubles;
• 335,506.08 rubles;
• 417231.92 rubles.

Child care allowance up to 1.5 years old must be at least 4512 rubles for the first and 6554.89 rubles for the second and subsequent children.

If several babies are born at once, the benefit is paid separately for each.

Payment terms

After all the documents have been submitted to the personnel department or accounting department, the organization prepares an order for leave and payment of all due funds. The calculation must be completed 10 days in advance, and payment can be made on the nearest salary transfer date. The entire amount is issued at a time for the entire vacation period.

Approximately according to the same scheme, additional lump sum funds are issued. benefits for registration in early pregnancy and birth benefits. Having received the application and documents, the employer or other body making the payment must pay them to the woman within ten days. This can be done on the day you receive your salary or on any other day no later than the 26th day of the month following the one on which the documents were submitted.

Required documents

In order to go on vacation and prepare for the birth of a baby, as well as receive all the payments due, a woman must collect and submit the necessary documents on time.

For vacation for pregnancy and childbirth submit to the HR department:

To count on funds monthly child care benefits , you need to prepare:

• identification document;
• original and copy of the child’s birth certificate;
• statement.

To receive a one-time benefit for the birth of a child, the father obtains a certificate from his employer stating that he was not paid. Documents are submitted before the child turns six months old.

For non-working women

Women who do not have a permanent job also receive maternity and pregnancy benefits , if they are or are full-time students. You need to apply for it from the local FSS authorities or the administration of the educational institution - for female students.

To do this, the application must be accompanied by a sick leave certificate, a certificate from the antenatal clinic, a document from the previous place of work or a work record book, and a certificate that the woman is registered as unemployed with the Employment Service. The father can receive benefits from his employer.

For information about what payments are due during maternity leave, see the following video:

Everyone has heard about “maternity leave” granted to a woman due to pregnancy and... However, this term is not entirely correct, but it is so firmly entrenched in everyday life that it is difficult to imagine another name for this vacation.

information Term "maternity leave" arose after a decree was issued in 1918, establishing a woman’s right to parental leave. Now we should call it "maternity leave".

It must be emphasized that in general in the Russian Federation the Labor Code differs two types of holidays related to the birth of children:

• for pregnancy and childbirth;
• for child care up to 3 years old.

At the same time by decree the first of them is most often called.

Unlike sick leave for pregnancy and childbirth(BiR), right to registration maternity leave up to 3 years of age, not only the mother, but also the father and other family members who, being employed, plan to care for the baby. For example, a grandmother, grandfather or any other relative of the baby, as well as his guardian, can go on vacation.

For the entire period of absence from work, the baby’s mother retains her workplace and position. In addition, this period is counted not only in the work experience in the specialty, but also in the continuous work experience.

Registration procedure

Officially maternity leave is issued at the place of work, as well as annual paid leave. The relevant documents are provided to the personnel department by the mother after she is issued a sick leave certificate (usually on or later, at -), and by other family members - after. Within 10 days, the company management must calculate all benefits to be assigned, and also issue an order to grant leave.

important Registration of maternity leave for one child is usually accompanied by filing an application for receiving child benefits.

They can only be received by the relative of the child who is going on maternity leave. He also retains the right to work part-time or part-week at his place of employment. In this case, the right to receive benefits is not lost.

Required documents

To apply for maternity leave, the employee must submit the following documents to the employer:

• statement, which can be written in any form;
• sick leave issued by a gynecologist, which indicates the duration of pregnancy, features of the course of labor and the expected date of birth (only for the mother);
• copy of birth certificate baby or all children in case of multiple births;
• certificate, confirming that the second parent did not go on maternity leave at the place of work and does not claim the benefits assigned in connection with this (or the document that serves as confirmation of the unemployment of one or both parents).

Duration of maternity leave

Maternity leave in the usual case is equal to 140 days(70 days before birth and 70 after). If , then the second part of the vacation is 110 days instead of 70. If there was a complicated birth, then the second part will be 86 days instead of 70.

additionally Parental leave can last up to 3 years, but this period is not strictly established. You can go to work earlier - at any time convenient for parents.

If a mother wants to go to work earlier than expected, then she has every right to do so. She only needs to write an application for early leave addressed to her boss, indicating the date of her expected return. At the same time, she can start working on a part-time basis or a reduced work week.

To extend the holidays, There are also a number of possibilities. In particular, you can:

• take unused annual paid leave before childbirth;
• go on unpaid leave without pay.

Benefits paid

As already noted, for the entire period of maternity leave, child benefits are paid in the form compulsory social insurance(for workers) or state social security(for non-working people). In particular, in 2015 the following types of maternity payments are paid from the federal budget:

• one-time benefit when registering with an antenatal clinic in the early stages of pregnancy (before) - 543.67 rubles;
• lump sum payment upon birth of a child - 14497.80 rubles;
• (only for employees) - in size 100% of average earnings for each day of the period of incapacity for work on sick leave.

important Please note that social security benefits are paid at the place of work or directly at the territorial body of the Social Insurance Fund. Those who are not subject to compulsory social insurance in case of temporary disability and in connection with maternity (including unemployed) receive child benefits in social protection authorities.

In addition, the baby’s parents, regardless of their social status, are assigned child care allowance up to 1.5 years, which can be issued not only to the mother, but also to another family member. This benefit for workers is calculated based on 40% of average monthly earnings for the previous two years. Non-working citizens are paid benefits in the minimum amount - 2718.35 rubles for the first child and 5436.67 rubles- on the second and subsequent ones.

The law establishes both minimum and maximum amounts, which a family can count on at the birth of an heir:

• maternity benefit in 2015 cannot be in 140 days 228 602,74 rubles.
• The maximum amount of monthly payments for child care up to 1.5 years is set at 19855.78 rubles.

One-time payments upon registration with a gynecologist in the early stages and at the birth of a child, as a rule, are issued and received at the same time as the care allowance for up to 1.5 years.

Read more about existing payments to families with children in Russia on the website "Manual-Expert", as well as in the thematic group

There is no term “maternity leave”. 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.

According to Art. 256 Labor Code of the Russian Federation, it’s entirely possible for a grandmother to take out so-called maternity leave instead of her 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:

• father;
• guardian;
• other family members.

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

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? You will learn about this in the next section.

How to arrange maternity leave for your grandmother: procedure

Step 1. The decision that grandmother will replace mother while she is at work should be deliberated 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.

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 case of a negative response from the employer, the grandmother, who decided to come to the aid of the young mother, can file a complaint against the employer with the labor inspectorate or the court. And the truth will be on her side. The following point should also be noted: the employee’s work experience in the event of going on maternity leave will not be interrupted, and his/her job will be retained.

Are maternity payments due?

An employee who has taken leave at work to care for a child up to 3 years old has the right to receive child care benefits. If a working grandmother goes on maternity leave, then a payment is made out in her name until the child reaches 1.5 years of age. Compensation is paid by social insurance authorities in the amount of 40% of average earnings, but not more than a certain limit established by the state for this payment. From 01/01/2018, the maximum child care benefit is 24,503 rubles per month. Also, the grandmother will retain her pension benefit.

At this time, a young mother can pursue her career. Therefore, such a prioritization will not affect the family income in any way.

How to apply for maternity leave for your grandmother if she is a non-working pensioner

The unemployed are not entitled to benefits or social compensation. True, there are situations in which a non-working grandmother can receive payments:

• when her grandson's parents went missing;
• deprived of parental rights;
• are in prison, etc.

In this case, documents confirming this fact must be provided to the social security authorities. After this, an account will be opened in the grandmother’s name, into which she will receive payments from the state.

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 may need to go to work. What should I do?

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

How to book a vacation

If you work, you are entitled to maternity leave. It doesn’t matter how long you work, how much you earn, whether you work part-time, on a temporary or permanent contract - you still get vacation.

Maternity leave (usually called maternity leave) lasts 70 calendar days before birth (84 - for multiple pregnancies) and 70 calendar days after birth (86 - if there were any complications during childbirth, 110 - for the birth of two or more children) (Article 255 Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ).

Maternity leave is calculated cumulatively and is provided entirely regardless of the number of days actually used by you. It is easy to calculate that maternity leave is assigned at the 30th week. If a child is born much prematurely, before the start of maternity leave, then the leave will automatically begin on the day of birth.

Documents required to obtain maternity leave

To go on maternity leave, you must write a statement at work and present a sick leave certificate, which will be given to you at the antenatal clinic at 30 weeks of pregnancy. If it turns out that at the time of the start of maternity leave you are in the hospital, then you will be given this sheet there.

When maternity leave ends, you have the right to apply for parental leave until your child reaches the age of three (Article 256 of the Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ). During this time, you will retain your place and you will receive benefits. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws. You are also entitled to this benefit if you work from home or part-time during your parental leave. Before you go on maternity leave, try:

• Give employees and clients advance notice that you will be leaving, and let them know who will be replacing you and how to find that person if necessary;
• plan your affairs so that, on the one hand, you have time to complete important tasks, and on the other hand, gradually ease your responsibilities;
• gradually shift your responsibilities to your employees or to someone who will replace you.

Question . What if I didn’t have time to take my usual vacation?

Answer . Before maternity leave and after parental leave, you must be given (upon application) another leave, regardless of how long you have already been working at this enterprise (Article 260 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ).

If you want to take advantage of parental leave , then write a corresponding application addressed to the employer and make sure that you have confirmation of its receipt by the employer; remember that at the end of your maternity leave, you are required to start working if you have not written an application for parental leave. If you want to terminate parental leave early, it is better to agree on the date of return to work with the employer and formalize the agreement reached in writing in duplicate. If you want to work from home or part-time during this period, write a corresponding application addressed to the employer; Discuss in detail with the employer the new working hours and the agreements reached MUST be recorded in writing. Try to stay in touch with your place of work to stay up to date. If you find out about upcoming staff reduction measures, then you will have a better chance of retaining your position by timely intervening in the actions of the employer and warning him about the illegality of such a reduction.

Parental leave

According to Article 256 of the Labor Code of the Russian Federation, upon application of a woman, she is granted leave to care for a child until he or she reaches the age of three years.

Conventionally, this vacation can be divided into two periods.

Parental leave until the child reaches the age of one and a half years, during which the woman receives child care benefits, and child care leave from one and a half to three years. However, this division is only relevant for the purposes of paying state social insurance benefits. From the point of view of labor relations, this is one leave, and the legal status of the woman in both cases is the same (and since January 1, 2007, when non-working women also received the right to child care benefits, this division has become even more conditional).

Parental leave can be used by a woman in full or in parts. A woman can work part-time or at home while maintaining the right to receive state social insurance benefits. Moreover, she has the right to do this at her own discretion; the employer does not have the right to refuse a woman to establish part-time working hours. This follows from the text of the law - “at the request of a woman.”

Father's Day Vacation and Other Relatives

If you do not want to leave your job for a long time, then your husband, the child’s grandparents, and in general any relative or guardian who will care for the child can take parental leave - in whole or in parts (Article 256 of the Labor Code RF dated December 30, 2001 No. 197-FZ). So you can divide your vacation between everyone, for example, like this: the first year you look after the child, the second year your husband, and the third year an energetic young grandmother...

In this case, it is necessary to confirm the fact that the woman does not use maternity leave at her place of work and does not receive benefits. This right of relatives to care for the child is derived from the right of the mother. If the mother did not work anywhere before giving birth, did not serve, or did not receive vocational education, then she cannot take advantage of maternity leave, and, accordingly, neither can other relatives.

Of course, in order to take advantage of parental leave, other relatives must be in an employment relationship.

Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty (except for cases of early assignment of an old-age pension).

To apply for this leave, the father (or grandmother, or grandfather...) writes an application addressed to the manager with a request to provide leave to care for the child until he reaches three years of age and attaches a copy of the child’s birth certificate to the application. The father can go to work at any time by notifying the employer in writing. Also, upon his application, he may be granted part-time work with the right to receive state social insurance benefits. An employer does not have the right to deny a father leave to care for a child.

Many countries provide paternity leave for fathers.

A father from Norway was the first to receive parental leave. Norwegian law gives men the right to take 6 weeks of maternity leave.

Israel recently passed a law allowing fathers to take 16 weeks of maternity leave, the same as women.

In the Japanese city of Ota, new fathers are forced to go on maternity leave! The father takes care of the child for forty days, while receiving 100% salary; moreover, after returning to work, the employee is required to write a report on how he took care of his child and how he feels in the role of a father.

Additional parental leave

You should know that in accordance with Article 263 of the Labor Code of the Russian Federation dated December 30, 2001. No. 197-FZ, additional leaves without pay are possible for persons caring for children:

• an employee who has two or more children under the age of fourteen;
• an employee who has a disabled child under the age of eighteen;
• a single mother raising a child under the age of fourteen;
• a father raising a child under the age of fourteen without a mother.

Also, the collective agreement may establish annual additional leaves without pay at a time convenient for such employees, lasting up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

How to return to your previous job after vacation

A woman on maternity leave is often perceived by her employer as an unwanted burden. Since a woman is especially socially vulnerable during this period, the law establishes certain guarantees. During the period of parental leave, the employee retains his place of work (position) - says part 4 of Article 256 of the Labor Code of the Russian Federation. This means that after maternity leave or parental leave, you are required to be hired back to work in the same position from which you left, with the same responsibilities, rights, working conditions and pay. If it is impossible to return to your previous job, then the employer is obliged to provide you with another job that is convenient and acceptable. If you want to interrupt your vacation and return to work earlier, you have the right to do so, but you must notify your employer in advance.