It is no secret to anyone that replenishment in the family is a joyful event, but it is not always at hand for the employer. Some try not to mess with pregnant workers, they have their own reasons. And what about men? Is a father entitled to maternity leave? And if so, how can it be requested? As practice shows, in Russia men are increasingly interested in their rights, provided that they have minor (newborn) children in their families. For clarification of the situation, you can turn to the help of existing laws. For example, the Labor Code of the Russian Federation.
Is there really
Is there a maternity leave for a father in Russia or not? In general, women traditionally look after a child. They go on maternity leave and receive child benefits. But there are exceptions.
Under the law, parental leave is granted for a child, but not everyone knows about it. And not everyone draws it up. Moreover, a man can also go on maternity leave. In this case, the woman assumes responsibility for the maintenance of the cell of society. But first things first. Let's start with the vacation allocated for the "getting used" of the newly made father to his new role.
Time to get used to the role
Is a parent entitled to parental leave? In the case of women, everything is clear - this area is not a mystery. And what about the men who recently became dads?
They, as already mentioned, are offered a vacation at their own expense. In this case, no compensation is expected. And such a rest is not considered to be absenteeism. The employer is obliged to provide it, but only on condition that the subordinate requires it.
How much do they give leave to father at birth? By law - up to 5 calendar days. This rule is spelled out in the Labor Code, in article 128.
What you need for clearance
Some are interested in exactly how holidays are made due to the birth of a child. This process does not provide for anything difficult or incomprehensible. The main thing is to prepare for it correctly.
In order to have the studied powers, a person must prove the fact of the birth of the baby with documents. The following help may come in handy:
- birth certificate from the registry office;
- stamp of birth of a baby.
In addition, the citizen will need to draw up a petition of the established form. It is written in the name of the employer. In the application of the established form, it is recommended to indicate a specific vacation period. He, as already mentioned, can not exceed 5 days.
Primary paid
But this is not all that every man needs to remember. Is a father entitled to maternity leave? According to the law - yes, only in practice not everyone uses the appropriate powers. Some do not even suspect that they have special rights to work when replenishing in the family.
The main paid leave at the birth of the baby subordinate can provide at any time at his request. And it doesn’t matter how much a man worked in a particular company.
A similar right is also registered at the legislative level. Where can I see the guarantee of a father’s vacation for a child? The Labor Code helps you understand what a new parent can count on. The right to paid annual leave without its “operating time” is indicated in article 123 of the Labor Code of the Russian Federation.
Newborn care leave
When giving birth to a father, they give a vacation? Yes, but not everyone knows about it. Moreover, if desired, a man can arrange for himself the so-called maternity leave. This is a period of care for the baby. In Russia, it takes one and a half or three years. Such practice is indicated in Russian law; it is encountered in real life. For example, if a man earns much less than his spouse, which makes her an official decree unprofitable.
It should be remembered that only one person can take a vacation to care for a newborn. For example, the father, grandmother, or mother of the baby. It is recommended that you immediately speak out this question at a family meeting so that there are no problems in the future.
Reflection in the report card
The Labor Code guarantees parental leave to the father, but only if the employee expresses a desire to issue it. It’s just that employers are not relieved of their job responsibilities. This is quite normal.
In the time sheet, all of the above holidays should be reflected in accordance with established principles. It all depends on what the employee demanded - an extra weekend at his own expense, a decree or an annual paid vacation.
Above, you can see how it is necessary to sign certain periods in the timesheet of the subordinate's working hours. This information is useful to every employer.
Design Instructions
And how can a newly minted male parent arrange this or that vacation? If we are talking about an extra weekend, everything is simple - the newly-made father prepares only one document, and then turns to the authorities with a petition. It has already been mentioned. After that, the employer will sign the application and send the subordinate to the family for up to five days.
If you want to take a parental leave, it is recommended to behave as follows:
- To form a package of documents stipulated by the current legislation for further human service.
- Write an official application for the provision of parental leave.
- Contact the employer with pre-prepared certificates and petition.
- Wait for approval of the request.
Most of all the hassle arises when preparing the necessary documents. They need to be assembled and issued promptly, which is not always possible to do due to life circumstances. Usually a similar process takes a lot of time and effort.
About maternity documents
How much they give leave to the father upon the birth of a child, we found out. How to arrange it, too. Next, we consider the most common questions on the demand for time off due to the birth of a baby, but for starters we’ll finish with a leave to care for a newborn. To request it, you need to prepare a specific package of documents.
It usually includes:
- stamp "birth certificate";
- identity cards of the baby's parents;
- Marriage certificate;
- petition of the established sample;
- a certificate from the spouse's place of work stating that she did not take leave to care;
- extract from the registry office of the established sample (issued upon registration of the newborn);
- Documents from the place of registration of the newborn (recommended).
In reality, everything is not as difficult as it seems. Making a vacation for the supervision and education of the baby with timely preparation does not cause any trouble. True, it is better for an employee to immediately discuss it with his employer.
Do you need to recognize paternity
Is a father entitled to leave at the birth of a child in Russia? You can ask for a weekend at your own expense for no more than five days. This is what the employer has no right to refuse.
Is it necessary for the exercise of the appropriate powers to prove kinship with the newborn, recognizing paternity? Or can such processes be avoided?
Until paternity is proven, a man is legally a child to no one. So, he does not have any rights and obligations regarding a minor. And a special status in front of the employer, too.
This means that in the birth certificate a male employee must be indicated in the column "Father". In the absence of an appropriate record, father will not be able to claim additional leave at birth. This is simply not provided for by applicable laws.
Additional payments
At birth, the father is given leave at his personal request. While there is no official application for this, the employer may not let the subordinate leave the workplace.
Will vacation days be paid due to family replenishment? Absolutely not. However, some employers provide additional incentive payments. They are prescribed in the employment contract.
In such circumstances, the birth of a child from a subordinate will allow you to receive monetary compensation in addition to time off. This is not an obligation, but a right. Unfortunately, a similar scenario is extremely rare.
If the authorities refuse
Maternity leave for the father is an opportunity to stay with the family and wife, as well as time to get used to the new role. Unfortunately, not all employers conscientiously comply with the Labor Code of the Russian Federation. And issues related to weekends and days off are no exception. This area leads to conflicts in the workplace.
If the employer does not provide legal leave days to the father at the birth of the child, the person must know how to behave. Of course, you can simply forget about the violation of their legal rights, so as not to conflict. But it’s best to go to court and demand a legal weekend from the judge. As a rule, after filing a lawsuit, employers can no longer escape their responsibilities.
Important: the fact of refusal to provide time off must be proved. This is not always easy to do.
If the spouse does not work
Leave to the father on the occasion of the birth of the child is due at official employment. And you can demand it both at the main job, and in the place where the citizen earns money. They can’t refuse anywhere. The main thing is to prove that the child was really born to one or another employee.
Is it possible to arrange an appropriate vacation if the wife does not study and does not work? Yes. There should not be any problems with the design of time off, as well as the decree. In the second case, a certificate of non-receipt of benefits for the care of the baby will have to be ordered at the social support fund, and not at the place of study / work.
Informal work and rest
Is parental leave appropriate for the birth of a child in the Russian Federation? More answer to this question will not put a person in an awkward position. True, there are exceptions.
We are talking about informal employment. Under such circumstances, the employee can hope for a vacation or a day off, but there are no guarantees for them. Such subordinates are not protected by the Labor Code of the Russian Federation.
What does it mean? The boss can easily refuse to be absent, but he cannot complain to the court. This is due to the fact that with informal employment it is problematic to prove the fact of working for a particular company. But if you manage to do this, you can try to defend your rights.
Important: usually in this case, an objectionable employee is fired or forced by all means to leave the organization.
When to bring proof of documents
Based on the foregoing, the conclusion follows that the day off due to replenishment in the family is indicative. And it is drawn up at the request of the employee. The employer may require at the time of application documents confirming the respective powers of the subordinate. How legal is this?
Partially. You will have to prove the right to leave in connection with the birth of the baby, but there is no need to do this directly when applying for it (with the exception of the decree). The employee can bring all the necessary information after discharge from the hospital.
Travel and vacation
Practice shows that employers try by all means not to give employees time off and holidays. For example, in our case, the bosses may refer to the need for labor or an urgent business trip. How legal is this?
There can be no justification for refusing leave due to the birth of a child. Accordingly, even sending on a business trip is not a reason for not providing time off. As already mentioned, at the request of the employee, the chief is obliged to give leave for up to five days.
Conclusion
Now it’s clear whether dad can count on an extra day off at the birth of the baby. And how to arrange it in a particular case, from now on is also not some kind of mystery.
In order not to encounter misunderstanding on the part of the employer, it is recommended that you discuss with him a vacation in advance. This is especially true for those who do not plan to leave the company for a long time.