Issues related to leaves that are issued to parents of young children are governed by Art. 256 of the Labor Code of the Russian Federation. According to the law, a woman is granted parental leave until she reaches 3 years of age. Moreover, for the first year and a half, this vacation is paid. The father of the child has the right to use it in the same way.
Instructions
Step 1
Only one relative - mother, father, grandmother, grandfather, uncle or aunt - has the right to be on parental leave at a time. This follows from pp. 50 and 51 of the Regulation "On the appointment and payment of state benefits." The basis for the appointment and payment of the monthly allowance is the employer's decision. In the event that a mother, for some reason, cannot remain on parental leave, his father can exercise this right.
Step 2
Keep in mind that according to the decision of the Constitutional Court No. 3-ЗП dated February 6, 2009, if the child's mother fell ill and cannot take care of him, but did not interrupt his vacation, the father will not be able to exercise his right to take care of child. In this case, the sick mother must write a statement about the termination of the leave addressed to the head of the organization where she works. The employer must issue an order based on a statement that a woman is obliged to start work, she must be issued a certificate confirming that she has left her vacation. In this case, a woman can take sick leave and, on its basis, not start work.
Step 3
In order for your husband to take parental leave, he needs to prepare a package of documents. To exercise the father's right, you need to write an application addressed to the employer with a request for parental leave. It will be necessary to attach an application for the payment of a monthly allowance, a copy of the birth certificate of the child to be cared for, and a certificate from the mother's employer that she does not use the specified leave and does not receive the allowance.
Step 4
A father who is on parental leave is paid a monthly compensation payment, although its size is small - only 50 rubles. To register it, submit an application for the appointment of a compensation payment to the personnel department at the place of work. Attach a copy of the parental leave order to your application.
