In Russia, all concern for the newborn traditionally lies on the shoulders of a young mother. But can other relatives, for example, dad or grandmother, arrange legal leave to care for the child? You will find the answer to this question in the article.

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Can grandmother working in the Russian Federation go on maternity leave?

Can dad go on maternity leave instead of mom in Russia?

First you should understand terminology. The legislation of the Russian Federation enshrines two types of leave related to the birth of a child:

Maternity leave. It consists of prenatal and postpartum parts, and lasts from 140 to 194 days, depending on the complications (multiple pregnancy, cesarean section, etc.). This type of vacation in everyday life is called decree, and due to physiological characteristics it is provided only to women.
Holiday to care for the child. It lasts from the end of the maternity leave and until the child reaches the age of one and a half or three years. Such a vacation can be issued to other close relatives directly carrying out the care of the baby.

The right of a newly made father to leave for a child is enshrined in Art. 256 of the Labor Code of the Russian Federation. The official reasons for this are unimportant, but most often dad draws it up on the following grounds:

Mom needs prolonged treatment after a pregnancy or childbirth.
Postpartum depression of the mother.
Unofficial employment of mom or his complete absence.
Mom’s earnings significantly exceeds the earnings of her father.
The opportunity for the mother to relax after pregnancy and childbirth, put herself in order and others.

Father can issue a vacation to care for one child, and mother - for the second and third, etc., if several babies were born at the same time.

Dad independently chooses at what moment he will be on parental leave, when submitting an application at the place of work. The deadline is until the baby reaches the age of three years. At this time, the father, if desired, can be transferred to a part -time day or by home.

The dad also enshrines social guarantees for the preservation of the workplace for the period of such a vacation.

Can a decree for military personnel for men instead of a mother in the Russian Federation?

Vacation for pregnancy and childbirth, as mentioned earlier, is provided only to women, and the family of her professional classes is unimportant here. However, when applying for a childcare leave for military personnel, the following should be taken into account.

According to the explanations of the Constitutional Court of the Russian Federation, by him in the Decree dated 06.06.1995 No. 7-P, male military personnel, choosing a contract service, voluntarily agree with restrictions on rights that are inextricably linked with their new status.

In accordance with paragraph 13 of Article 11 of the Federal Law "On the Status of Military" A vacation for the care of a child is not provided with a male military personnel.

However, paragraph 7 of Article 32 of the Regulation on the procedure for military service for a man undergoing a contract, the right to additional leave for a period of up to 3 months in the following cases is enshrined:

the death of his wife during childbirth
if he raises one or more children under the age of 14, or children with disabilities under 16 years of age, if children were left without care from the mother (in the event of her death, prolonged treatment in a medical institution, deprivation of parental rights).

The purpose of this vacation has also been established - within a reasonable time, solve the issue of further care of the child and the possibility of military service.

How to issue a decree for a husband in the Russian Federation, what documents are needed?

The procedure for issuing a childcare leave is enshrined in Article 18 of the Federal Law “On Vacations”.

To begin with, a statement is written at the place of work on the provision of leave to care for his son or daughter.
A copy of the child’s birth certificate and a certificate from the place of study/work of the mother must be attached to the application. The certificate should confirm the fact that the mother is not on leave to care at the same time with her father and does not receive appropriate benefits. If the mother does not work, then such a certificate is issued by the Department of Social Protection.
If, in accordance with Article 256 of the Labor Code, the parents decided to divide the vacation to care for two, then the certificate must indicate the corresponding periods when the mother is carried out.
In addition, the father will need to write a statement on the appointment of childcare benefits.

Applications and attached documents can be sent by mail.

If the documents are submitted in the prescribed manner, then leave and benefits are scheduled within 10 days.

In addition, the employer may require:

marriage certificate
mother disability sheet (certificate from a medical institution)
a copy of the work book of the mother in which there is no information about her employment.

Can grandmother working in the Russian Federation go on maternity leave?

The Labor Code is allowed to take leave to care for the child not only to mom or dad, but to grandparents of the baby, as well as to other persons directly caring (for example, trustees, adoptive parents). But most often, grandmothers come to the revenue for young parents.

Grandmother can take such a vacation in full or in part, but the conditions are necessary for its provision:

She must work, even being retired
Parents should be employed without fail.

Vacation for the care of the grandson is entered into a total work experience, and the workplace is maintained behind the grandmother until her work.

At the same time, a grandmother can work at home or part -time during vacation.

Can a pensioner’s grandmother go on maternity leave in the Russian Federation?

The very concept of “vacation” means the exemption from working duties in whole or in part, and is inextricably linked with employment. If the grandmother is retired, but does not work, then it will simply not be possible to legally issue leave.

Another thing is social payments related to caring for a child. If the grandmother does not work, but at the same time is retired, payments for the care of the grandson/granddaughter are laid in cases where the parents:

do not have the opportunity to support a child (for example, they are disabled)
are considered missing
deprived of parental rights
serving sentences in places of imprisonment
they have no desire to engage in the care and upbringing of the baby.

How to issue a decree for a grandmother in the Russian Federation, what documents are needed?

When applying for a childcare leave, grandmother needs to have the following documents with you:

Application for granting leave and application for the payment of relevant benefits.
Birth certificate
Documents confirming kinship with the child
A certificate from the place of work of mom and dad, which will indicate that they are not on a similar vacation, continue to work and do not receive such benefits.
Medical certificates if parents undergo long -term treatment.

There are frequent cases when employers reluctantly agree to issue a vacation to care for the child to a father, grandmother or grandfather. But now, when you know who and in what cases such a vacation is laid, do not be afraid to protect your rights with the help of supervisory authorities or even in court if necessary.