Who can take maternity leave instead of a mother? Can a grandmother go on maternity leave?
Article 256 Labor Code establishes the mother’s right to leave to care for a child up to 3 years old, or, in other words, vernacular, on maternity leave. Situations in which a new mother is unable to care for her child are common. In this case, the maternity leave can be issued for another family member.
Regardless of who filed maternity leave, he is entitled to two types of benefits. The first, in the amount of 40% of the applicant’s average salary, is paid by the employer monthly until the child turns 1.5 years old. The benefit is transferred at the expense of the Social Insurance Fund; it is not subject to personal income tax. The second, in the amount of 50 rubles, increased by regional coefficient, paid by the employer monthly for up to 3 years, at the expense of the organization, also without withholding taxes.
According to Article 256 of the Labor Code of the Russian Federation, a decree can be issued by:
- dad;
- grandparents, both on the mother's and father's sides;
- 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 (child care benefits) established by Part 3.2 of Art. 14 of Law No. 255-FZ.
Please note that only the mother of the child can go on maternity leave!
Grandmother on maternity leave instead of mother: design features
The main difference between situations in which a grandmother or another close relative goes on parental leave, it is necessary to confirm that parents and other family members do not receive the benefits listed above.
To confirm you will need official document(certificate, extract, information) of the relevant organization. For example, a certificate from the place of work of the mother or father, or an extract from the Employment Center stating that the parents do not receive the required benefits.
List of documents
To obtain parental leave, a grandmother should prepare a package of documents:
- Free-form application for parental leave for a child up to 1.5 or 3 years old.
- A copy of the child's birth certificate.
- Documents confirming that the mother, father or other guardian is not on maternity leave and is not receiving cash payments, provided for in Part 2 of Art. 14 of Law No. 255-FZ.
The relative or guardian must submit the completed package of documents to their place of work. The employer has no right to refuse the application, as this is a direct violation labor legislation, entailing administrative responsibility(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 court. Also, the employer does not have the right to dismiss an employee who has filed for child care.
The work experience during the period when a grandmother or other family member is on maternity leave is not interrupted.
When taking out maternity leave, the grandmother, instead of mom or dad, has the right to continue labor activity, but there are limitations. To save due payments, you can work from home or on a flexible schedule, but not full time!
Instructions on how to apply for maternity leave for your grandmother
Step 1. Get Required documents, first of all, a written confirmation that the baby’s parents did not go on maternity leave.
The employee at the place of work of both mother and father must receive confirmation. There is no established form of the document; the employers of the child’s parents draw up a certificate in any form.
A copy of the birth certificate does not need to be certified. It is enough to get the original and a well-readable copy to verify the data.
Step 2. Receive a statement from the employee.
There is no single application form for maternity leave. Most employers have developed and approved their own forms.
Step 3. Issue an order.
In this case, a regular one is compiled.
Benefits and payments
The mother of the child is entitled to monthly cash benefits for care (up to the age of 1.5 years and 3 years). If maternity leave is issued for a grandmother, the employer pays her social compensation for up to 1.5 years. Such compensation payment calculated at 40% of average salary, an employee who submitted a child care application. The procedure for calculating average earnings is determined by Decree of the Government of the Russian Federation dated 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 issue a maternity leave not in full, but in parts (paragraph 2 of Article 256 of the Labor Code of the Russian Federation). So, for example, a mother arranges maternity leave for a newborn until he reaches the age of 6 months, and then starts working. And the grandmother (grandfather, father, guardian) takes care of the baby until 1.5 or 3 years old and receives established monthly benefits.
How to apply for maternity leave for your grandmother if she does not work
The unemployed are not entitled to benefits or social compensation. Exceptions under which an unemployed guardian can receive payments are if both parents:
- missing;
- deprived parental rights;
- are serving their sentences in prison.
In this case, the guardian or close relative must provide documents to the authorities social protection to assign cash payments.
Maternity leave provided by the state so that a woman can safely carry her child to term, give birth and enjoy raising it.
But the modern pace of life does not always allow mommy to take advantage of this opportunity. There are often situations when a woman cannot care for her baby due to various life problems. Many people want to go back to work soon after the birth of their baby.
When exactly to return to job responsibilities- the mother’s decision together with her relatives who support her. Then the question arises whether a grandmother can go on maternity leave to care for her grandson.
In accordance with the legislation of the Russian Federation, maternity leave is provided to all pregnant women, regardless of whether they are working or studying, looking for work or military personnel.
The type of such leave is divided into two categories:
The law allows you to split your parental leave days.
Thus, for the first 9 months the mother takes care of the children, and for the next months other relatives, for example, the grandmother. But this advantage only applies to paid maternity leave.
The legislation of the Russian Federation provides that a grandmother can take maternity leave instead of her daughter.
But the following conditions must be met:
- Parents born baby must be officially employed or be full-time students.
- In such a situation, it will be much easier if the grandmother also works for official employment.
Even if the grandmother is retired, it must still be registered as an officially working person.
Since she will only be able to receive money in connection with the upbringing and care of the baby from her employer.
Thus, it is quite possible to arrange maternity leave for your grandmother if she works. It is worth considering that for a grandmother who is on maternity leave, payments in Pension Fund
and this leave is taken into account in the total length of service.
And after the maternity period ends, the employer is obliged to maintain the maternity place of work. retirement age can also issue payments for children:
In any case, the grandmother must submit an appropriate list of documents that confirms the parental non-involvement of the children.
After consideration stated reasons, the grandmother is appointed as a guardian and payments for the children are transferred to her.
If the situation in the life of a new mother is such that she is forced to go to work soon after giving birth, then the law provides for the opportunity for another person to take advantage of maternity leave. This is allowed at any time after the baby is born.
Then the question arises, how to arrange maternity leave for your grandmother if she works. This can only be done on an application basis.
This means that the right to leave is exercised by the grandmother only after she submits a written application to her employer.
In this case, the mother can go to work for the whole day, having previously refused payments and release from official duties.
In order for your grandmother to go on maternity leave instead of your mother, you should familiarize yourself with what documents need to be collected:
- Document about the birth of a grandchild who needs care.
- Birth document of the baby's mother or father.
- A certificate from the parents’ place of work or study confirming that they are not on leave to care for a child and are not receiving a monthly allowance.
At the same time, the law provides that the grandmother has the right to work, but with some restrictions:
- subject to part-time employment;
- at home.
In such cases, maternity leave is paid to the grandmother. This type of vacation may be interrupted. The ancestress has the opportunity to do this at any time and go to work if necessary.
If the employer does not hire the grandmother to the position she was in before the leave, it is recommended to file a claim in court, which will reinstate her to her previous job.
It is important to take into account that when the baby’s grandparent worked in different organizations over the past two years, when applying for maternity leave, they may require a certificate from them to calculate payments.
When calculating this benefit, it is taken average earnings over the past 24 months. If an employee combines two jobs, then he provides a certificate of income from another to his main place of duty.
Payments to a non-working grandmother will be greater than the minimum benefit to a non-working parent.
When applying for maternity leave and subsequent payments, you need to collect a large package of documents.
In order for a grandmother on maternity leave to have benefits instead of her mother and be able to enjoy all maternity privileges, you need to provide the following information:
When submitting an application, you must indicate the date when you plan to go on maternity leave and return to your previous place of work.
If the grandmother wants to take maternity leave instead of her daughter, then this fact should be indicated separately.
According to the law, the application form for maternity leave is not fixed anywhere. But despite the fact that its form is arbitrary, it is important to know how to write the application correctly and what data must be provided.
After the employer receives the application and all necessary documents, he draws up an order, which includes the following:
- Full name and position of the employee who is granted parental leave;
- exact start and end dates of vacation;
- information about the purpose of benefits;
- grounds for obtaining parental leave.
The employee must read the order, sign and date it.
In accordance with the legislation of the Russian Federation, people who are on leave to care for children.
If the grandmother works several jobs, then the amount of payments will be calculated from the average income of all wages. The money is paid at the main place of work.
A grandmother who is on maternity leave instead of her mother will have the following benefits:
Maternity benefits can be received by one of the family members, regardless of how many people are involved in caring for the baby.
Compensation for a child from 1.5 to 3 years is insignificant, so during this period it is advisable for the family member whose salary is lower to look after the baby. Then you can maintain a higher income.
So grandma has legal right take maternity leave to care for your grandchild. The only caveat is that it must have workplace.
If the grandparent is retired, she will not receive child care benefits.
From the point of view of the law, it does not matter who takes maternity leave. This procedure and the list of required documents are the same for everyone.
If an employer does not want to give maternity leave to a working pensioner, you can write a statement about this to the appropriate authorities, as this is considered a violation of current legislation.
Please note that maternity leave must be included in the length of service. The employer counts this period towards the total continuous length of service.
Maternity leave is included in the length of service in the specialty, except in cases of early labor pension by old age.
Video: Working grandmothers can take maternity leave
Surely, many people have heard about such a definition as maternity leave for a grandmother.
In fact, this is very convenient, since many mothers are in a hurry to go to school or to ensure all the benefits of their child.
There are several reasons why mom wants to go to work: heavy financial position, fear of losing unofficial work, reluctance to interrupt studies at university.
And regardless of the fact that today this is not a common phenomenon, if desired, maternity leave for a grandmother can be arranged quickly.
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Can a grandmother take maternity leave for herself?
Relying on legislative framework RF, we can conclude that one of the able-bodied family members can sit with the baby, and it does not have to be his parents. It’s quite possible to have maternity leave for your grandmother. First of all, you need to prepare documents and contact your employer with an application.
Important! After completing the documents, you can apply for paid parental leave for up to 1.5 years and unpaid leave for another 1.5 years. That is, in general, the maternity leave is three years.
Parental leave is allowed to be used for the entire allotted period or partially. For example, it can be divided - the first nine months of the child are looked after by the mother, and the second 9 months by the grandmother. We are talking only about paid ones.
Design features
To apply for grandma's leave, two conditions must be met:
- The baby's parents must study or work. You can study only on a full-time basis.
- Grandmother must be employed.
If the grandmother is already retired, she should still be employed. There is no need to be afraid that the employer will refuse to pay her child benefits. All provisions are spelled out in the labor code.
In addition, this leave is included in the length of service, which means that contributions to the pension fund will not stop. And when the child turns three years old, the company management must provide the employee with a place of work.
Although a non-working grandmother can receive benefits when their parents:
- are sick and cannot support a child
- are listed as missing
- prison inmates
- deprived of parental rights
- for personal reasons they do not engage in education
But it is worth noting right away that if the grandmother is not officially employed, she can count on a small allowance. To do this, you need to contact social media with all documents. protection settlement in which she lives.
If the mother works, the employer is simply obliged to arrange maternity leave for the grandmother. He cannot fire his employee for this reason. Dismissal is possible only upon liquidation of the enterprise. If the employer does not want to send the grandmother on vacation, this can be resolved through the courts.
List of documents
Of course, to apply for any benefit you will need a rather large package of documents. In order for a grandmother to legally care for her grandson or granddaughter and receive benefits for this, the following documents must be provided:
- child's birth certificate
- passport
- work book
- certificate from work, school or hospital
- statement of all income
- certificate of relationship (birth certificate of one of the parents on whose side the grandmother will look after the child)
- certificate from social media protection that they do not receive child benefits
- statement on behalf of grandmother
In the application you need to indicate the date from which you want to go on maternity leave and the date when you return from it. If you plan to care for a child under three years old, this must be written down separately.
You can also do part of the work at home, the amount of benefits will be retained in full, and you can also receive some part of the salary at work.
Also, mother can work half the day, then she will receive wages, and the grandmother provides benefits for her grandson/granddaughter.
When arranging maternity leave for your grandmother, if your mother is studying, you can cheat a little.
After all, mom will not be at school all day, that is, grandma will sit with her only when mom is studying. When she is at home, then grandma can safely go to work.
Then she will receive child benefits and some part of the salary.
But only first you need to talk with the director about such conditions and receiving wages.
Need to know! A grandmother who has taken leave to care for her grandson or granddaughter can, at her own request, return to her previous workplace and return on maternity leave several times until she turns 3 years old.
Benefits and payments
According to the legislative framework of the Russian Federation, those on parental leave are entitled to certain benefits. To receive them, you must contact the director with an application.
Important! If the grandmother works in several places, then the benefit is calculated from the average earnings from all places, although it is paid only at the main place of work.
Since the country has been experiencing a crisis since 2016, grandmothers receive benefits at a reduced rate. When applying for benefits, you need to consider the following information:
- For up to 1.5 years, a grandmother can receive up to 40% of her salary monthly. The average salary for the past two years is calculated.
- The minimum amount since February 2016 for 1 child is 2908 rubles, for the second – 5917 rubles. Maximum amount is 13833 rubles.
- From 1.5 to 3 years, the payment, as a rule, does not exceed 150 rubles.
- The mother can also receive child benefit if she is studying at full-time training.
Now we are considering paid leave from 1.5 to 3 years, because, you see, 100-150 rubles a month is not money, for which many people do not apply for benefits. If you want, you will have to apply for it twice, the first time before 1, 5 years and the second time from 1.5 to three years.
In order to accurately receive benefits, the application must be written in two copies, one must be with you and the other with the employer. The grandmother will begin to receive benefits only after the order is issued.
If it's not there for a long time, then you can contact the labor inspectorate so that it can hurry the employer to sign the order.
Third parties have the right to receive parental leave if the parents are unable to care for the child. That is, only 1 person can receive such benefits, even if several relatives are caring for the baby.
Upon adoption
It often happens that a young couple cannot have children, then most of them adopt a child from orphanage. But you can also send a grandmother or other close relative on parental leave.
To do this, you first need to contact the guardianship council to obtain a certificate of incapacity.
As a rule, information about the adoption of a child can only be disclosed by the child themselves. If, at work, grandmothers do not want to file maternity leave, since the grandson or granddaughter “appeared” out of nowhere, she can sue the employer.
Re-registration of maternity leave
On maternity leave - dad Up to three years of age, maternity leave can be reissued to different family members several times.
This procedure is performed very quickly.
After all, there is often a situation when a mother sits with her baby, receives a small allowance, and the father works.
But the child is growing and his needs are increasing, so this money begins to not be enough and the mother decides to go to work, offering to give one of her close people - her mother - maternity leave.
The mother needs to provide a certificate confirming that the maternity leave has been terminated for her daughter or son, and only after that the grandmother can contact her employer to re-register the maternity leave.
If several children were born in a family, then several people are allowed to care for them. For each newborn there should be no more than 1 person who will care for them. That is, when twins are born, both mother and grandmother can receive benefits for the babies. To do this, one of the adults must take a certificate stating which of the children is receiving income. And the second benefit will be paid for another child.
In conclusion, I would like to say that not only the mother, but also his other relatives can take care of a small child. Of course, many people send their grandmothers on maternity leave only because the allowance is small and it is difficult to live on it, especially if the mother has a well-paid job. This is especially true for those mothers who do not have official work. Any mother does as she sees fit; of course, the time spent with the child is priceless, but sometimes you have to lose it by going to work early.
Expert opinion of a lawyer
Can parental leave be granted to a grandmother or another family member if the mother does not work? Most people and even some lawyers mistakenly believe that it is not possible. At the same time, the law does not establish a ban on providing this type of leave if the mother is not employed.
Unfortunately, employers try to refuse in such cases.However, if another working family member is caring for the child, his management is obliged to provide this type vacation and pay due allowance. According to paragraph 54 of Order No. 1012n dated December 23, 2009, the list does not include documents that must necessarily confirm that mommy is not a housewife. All that is required is official confirmation that she is not on so-called “maternity leave” and is not receiving benefits from the Social Insurance Fund or the social security department. Consequently, the management’s refusal will be unlawful and can be appealed to the Rostrudinspektsiya, the prosecutor’s office, or the court.
But, this leave is not provided if the applicant is an employee of the Armed Forces of the Russian Federation or an employee of the Ministry of Internal Affairs, Justice, etc. The law allows such persons to take short-term leave to find a person who will care for the child if the mother is not able to care for the child herself. him. As a rule, such leave is no more than 10 days, but upon a motivated application from the employee it can be extended to 2 months.
In the video, working grandmothers can take maternity leave:
Submit your question in the form below
Every woman living and working in Russia can go on maternity leave related to her pregnancy and the birth of her baby. Few people know that the entire period of maternity leave is divided into several parts.
A woman can take advantage of maternity leave when her pregnancy exceeds 30 obstetric weeks. In order to go on paid leave, she must take antenatal clinic sick leave, write a statement in the established form and submit these documents to the personnel department.
All benefits paid will be reimbursed to the employer by the state, since pregnancy and the birth of a baby is an insured event.
Only the pregnant employee herself can take advantage of this type of leave. Grandmother, husband or any other relatives cannot do this. The vacation lasts exactly 140 days. If any complications arise during the birth process, it may be extended. Those employees who gave birth to two or more babies at the same time are also entitled to rest a little longer.
After the end of the leave associated with pregnancy and the birth of a baby, a woman has the right to write an application for leave to care for a child up to 1.5 years old, and then, if necessary, she can extend it until the baby turns 3 years old.
Grandmother and other relatives on maternity leave
Not only the baby’s mother, but also the grandmother or other relatives can take care of a child up to 1.5 years old or even up to 3 years old. IN in this case It is important that only 1 family member provides care while the mother continues to work. In this case, the person caring for the child will be able to go on vacation completely officially.
If the situation in the family develops in such a way that it is more profitable for the baby’s mother to work, and for the father or grandmother to sit with the child at this time, they may well do just that. At the end of the 140-day vacation, the young mother can start working.
The grandmother or other person actually caring for the baby must write a statement at her place of work stating that she needs leave. In this case, you need to attach all the necessary documents, including a certificate from the place of work of the baby’s mother stating that she did not take advantage of the right to receive leave.
A person who has taken custody of a child or has adopted him can also take advantage of parental leave.
The employer is obliged to let the baby's grandmother go on vacation and at the same time pay her a monthly allowance equal to 40% of her average monthly income for the 2 previous calendar years. If the employer refuses to fulfill its obligations, you can contact Labor inspection or write a statement to the court.
Today, mothers provide financial stability for the family, while fathers are left to manage the household and develop their offspring. There is another life scheme, when custody of children is entrusted entirely to the grandmother, while the parents earn their “bread,” so to speak.
Russian legislation approves child care by grandmother and father, not only that, these immediate relatives can also count on prescribed by law payments - “maternity money”, as many young mothers also call them.
general information
Article 256 of the domestic Labor Code states that A child under 3 years of age can be cared for not only by the mother, but also by other family members, in particular:
- child's father;
- grandmother of one of the parties;
- guardian;
- other relatives.
If a working mother is raising a child, then she must provide a standard application at the place of official employment, supported by the child’s birth certificate (a photocopy of it).
If grandma or dad goes on maternity leave, then they must also write a corresponding statement at their place of work, and no employer has the right to refuse such a voluntary wish.
If you refuse, you can resolve the conflict by judicial procedure, and the court will definitely be on the applicant’s side.
Moreover, the boss does not have the right to fire such a relative and, on the contrary, must hold his job until he returns to work after maternity leave.
Dismissal can occur only in the event of liquidation of the enterprise, but not at the request of the employer.
The boss also has no right to ask unnecessary questions about marital status., and the decision of the child’s father or grandmother should be perceived as a fact and inevitability.
Now, regarding the financial side of the issue: When caring for a child under 3 years old, father and grandmother have every right to receive monthly maternity benefits, that is, all benefits for a working mother who is on maternity leave are also preserved for other family members.
At this time, mother can pursue her career growth and favorite profession, study at a university or graduate school, undergo military service and be liable for military service, and such an arrangement of family priorities will not in any way affect her stable monthly income.
Registration in case of adoption
If a family decides to adopt an infant, then a working mother also does not have to go on maternity leave.
According to Article 257 of the same Labor Code, adoptive parents or relatives of adoptive parents who are in fact raising an adopted child have all the rights and grounds to leave their official place of employment.
It could be dad or grandma, but who exactly is decided individually - at a family council, so to speak.
It’s worth noting right away that when applying for maternity leave at work, which a father or grandmother receives for an adopted baby, the secrecy of the adoption must be maintained in the future.
That is why adoptive parents can make a personal request to the guardianship and trusteeship authorities of their area so that their competent employees can assist in obtaining a certificate of incapacity as quickly as possible.
An employer should not ask unnecessary questions, but if they still come out of his mouth, then the grandmother, mother or father of the adopted child may not comment on the unexpected changes in their life.
Only parents can reveal the secret of adoption, therefore, unnecessary conversations at work as the baby grows up can become a compelling argument for filing a claim and submitting it to the court.
Adoptive parents or their immediate relatives who are actually involved in raising a child, also must provide a job application and birth certificate, and only in this case they receive maternity leave for up to 3 years while maintaining their length of service and job.
They can also count on maternity payments, which biological parents of children of the same age also receive monthly.
The law is the same for natural parents and guardians.
Re-registration as a grandmother
No one is immune from such twists of fate, and who, if not the baby’s own grandmother, will help out in such a difficult situation.
The legislation of the Russian Federation allows that parental leave can be used in parts, but divided between mom, dad and grandmother, or another close relative.
To obtain it, you need official employment and an application to management in the established form.
There are two possible scenarios here:
In the second case, it is necessary to submit documents to the social protection authorities that confirm one of the arguments, after which an account will be opened in the name of the grandmother, and she will be able to receive the minimum social payments.
So the state does not infringe on the rights of a grandmother in relation to her natural or adopted grandson, and she can take a direct part in his upbringing, if circumstances arise or the parents decide.
Required documents
If the father is responsible for raising the child and arranging maternity leave, then the following package of documents with personal appearance must be sent to the social security authorities:
- a statement written in any form;
- birth certificate of the pupil (child);
- a certificate stating that the biological mother (guardian) did not go on maternity leave, but immediately after finishing sick leave returned to her previous place of work (?).
If maternity leave for the father is formalized, he will be able to receive monthly social benefits for the child until he turns 1.5 years old.
IN otherwise You can’t count on financial assistance from the state.
In those families where they decided to take maternity leave for their grandmother, you also need to collect documents. Among them:
- application from grandmother to social security authorities;
- child's birth document;
- written confirmation that neither the mother nor the father of the child (his guardians) are on maternity leave, and have officially returned to their previous workplace to continue working.
Only registration of official maternity leave for your grandmother allows you to count on monthly assistance from the state, and for this without specified documents not enough.
How are seniors paid?
When parents entrust the upbringing of a child to the grandmother, they most often justify this action high paying job and the desire to fully provide for the family.
However, it is important not to forget that a grandmother who officially left work on maternity leave can count on 40% of her average income every month.
The duration of such social payments is 1.5 years, after which the accrual stops.
Pensioned grandmothers can also apply for minimum size social benefits during maternity leave, but only if the child’s parents fall under at least one of the above points.
Child care while the mother continues to work part-time
If a mother is not ready to leave her child with her grandmother for the whole working day, but she is also not used to sitting without work, then there is an alternative.
You can choose one of two proposed options: working from home or part-time work.
In both cases a woman does not lose the right to receive payments from the Fund social insurance , which, as before, correspond to 40% of average income.
So you can always find an option and learn to combine business with pleasure, especially if there is always reliable support from the child’s grandmother nearby.
The legislation of the Russian Federation provides for all combinations of child care for children under 3 years of age.
Moreover, it provided all employed family members with social benefits, job retention and length of service, which, in conditions modern society important point.