Often there is a situation where a mother almost immediately after giving birth, for one reason or another, seeks to get to work as soon as possible or return to study at a university.
Grandmother Vacation
The reasons can be very diverse: from the difficult financial situation in the family or the fear of losing a job, to the simple reluctance to interrupt the work experience.
In such situations, a simple and very convenient solution will be to arrange a grandmother's parental leave. This opportunity is regulated by the Labor Code. Currently, this practice is not widespread, but, as a rule, maternity leave for grandmother can be issued, moreover, quite quickly.
What are the features of the design of such a decree and the main nuances of this procedure?
Legal aspects
According to the legislative acts of the Russian Federation, it follows that any able-bodied member of the family can take care of a newborn child, and it does not matter whether he is one of the parents of the baby. So, it’s also normal for a grandmother to take parental leave.
First you need to collect the documents necessary for the execution of the decree, and then make out the application for work.
It is important that after collecting all the necessary documentation you can apply for a decree lasting three years, the first one and a half of which are paid, the subsequent ones are unpaid. It is also important to know that it is possible to use paid maternity leave in part. For example, the first year is drawn up for the mother of the child, and the next six months - for the grandmother, or at any other time intervals convenient for each particular family.
How to arrange a grandmother leave for child care?
Grandmother's Decree: Conditions
The main conditions for the possibility of registration is that both parents of the child must study full-time or have an official place of work; a grandmother should also be employed (even if she is already of retirement age). The employer will pay child support (and it does not matter what form of ownership of the company), since a similar situation is provided for by the Labor Code of the Russian Federation.
Maternity leave is also taken into account in the service, therefore, contributions to the Pension Fund will be received in full. And after three years, the enterprise is obliged to provide the employee who has left the decree with a job (the opposite is possible only in case of liquidation of the enterprise).
As you can see, it’s enough to just go to grandmother on parental leave.
Features
Being disabled, she can also receive benefits, but only if:
- due to health reasons, the child’s parents cannot support him and have a certificate from a medical institution attesting to this;
- are imprisoned or missing;
- were deprived of parental rights by a court decision;
- do not support the child for other personal reasons.
It should be borne in mind that a disabled grandmother can only rely on small payments, for which you must contact the social services. organs.
If the employer refuses grandmother to issue a decree for a child whose mother works, it is necessary to go to court, as the refusal or dismissal of an employee in connection with this is unlawful.
Here's how to get your grandmother's childcare leave.
Documents
For leave to care for a small child, a sufficiently voluminous package of documents will be required, after which the grandmother will be able to look after the baby legally and receive full payments and benefits for this.It is necessary to provide the following package of papers:
- passport of a citizen of the Russian Federation;
- work book;
- a certificate from the work of parents or the university in which the training takes place; a certificate from a medical institution (if it is necessary to confirm the state of health that impedes the supervision of a child);
- birth certificate;
- statement of total family income;
- a certificate of kinship of the grandmother with one of the parents of the child;
- a certificate of the absence of payments and benefits for the child issued to the parents (issued by the social protection authorities);
- an application of the established form on behalf of the grandmother for registration of maternity leave on her (it is necessary to indicate the duration of the maternity leave);
- application for benefits (paid 1.5 g).
It must be understood that if the mother does not have a certificate of employment, her grandmother will not be given leave to care for her child. Documents must be provided in full.
Ability to work at home
Often, looking after a child, both mothers and grandmothers are looking for sources of additional income.
Legislation does not prohibit continuing work while on maternity leave. This can be either work at home or a flexible work schedule.
Consider several possible options that will allow you to receive benefits and have additional income. A childcare leave for a working grandmother is not a hindrance.
While on maternity leave, she can take part of the work from the enterprise to the house. In this case, the amount of the benefit will be saved, and you can receive part of the salary.
Similarly, the mother of the child can apply for a half-time job and receive the appropriate payment. You can also do it if she is trained in the first half of the day, and in the afternoon she works.
In such cases, it is simply necessary to agree on all payment conditions and a work schedule with the company management. Both for mom and grandmother.
An interesting point is that the grandmother, who is on maternity leave, throughout its entire length, has the right, on her own initiative, to go to the previous place of work several times, up to the age of three.
What will the grandmother get? Maternity leave for childcare provides for certain payments.
This type of vacation, of course, involves the accrual of benefits.
Accrual of child benefits and other payments
While on maternity leave, you can receive various benefits. For their execution, you need to make a statement to the director of the company.
If the grandmother works part-time in several companies, then the accrued benefits will be paid at the main job, but they are calculated on the basis of the average earnings for all the registered workplaces. That is, it is necessary to take 2-NDFL certificates from all places of work and provide them at the main job.
But you can take a parental retirement parental leave.
In connection with the crisis in the country, since 2016 the allowances for grandmothers in the decree are underestimated and the following should be taken into account when they are drawn up:
- Caring for the baby until he reaches one year and a half, the grandmother will receive monthly payments of up to 40% of her salary at the place of work. Calculated from average income over the past 24 months.
- The minimum payment level is 2,900 rubles. for the first child and 5,900 rubles. on the second child. The maximum you can count on is 13,000 rubles.
- The average amount of payments in the decree (the age of the child from one year and a half to three years) is only 150 rubles. The amount is small.
- The mother of the child may also qualify for an additional payment of child support if she is studying full-time. But it’s more convenient for the grandmother to go on parental leave.
Future reforms
At the moment, the Government of the Russian Federation is considering the issue of paid leave for a period of one and a half to three years. Since payments of up to 150 rubles are obviously insufficient, and for this reason many simply do not draw them up.But if you wish, you can issue them, but you will have to do this twice - the first time when issuing a decree from 0 to 1.5 years, the second time - from 1.5 to 3 years. Moreover, the statements must be made in duplicate. The first is stored at the main place of work, the second - at the designer. Payments will begin to arrive after the issuance of the order at the place of work.
If the employer delays the signing of this order for a long time, it is worth contacting the labor inspectorate, since such actions are a direct violation of the law. Making a maternity leave for a grandmother is pretty simple. But only if relatives cannot independently take care of the child for any reason provided by law. Then she will receive benefits, even if several relatives look after the baby.
The nuances of the adopted child care decree
Currently, there are quite common cases when a young couple, for one reason or another, takes such a step as the adoption of a child from an orphanage. In this situation, both the adoptive parents directly and close relatives can go on parental leave (regulated by article 257 of the Labor Code).
First you need to get a disability sheet on the board of guardianship. In most cases, guardians do not consider it appropriate to divulge adoption data. And if at the place of work the grandmothers refuse to issue maternity because of the “unknown origin” of the grandson or granddaughter, then you can go to court to resolve the situation. After all, a grandmother takes leave to care for a child, and this is completely legal. The court will certainly take the side of the family. So there is no need to fear disputes.
How to renew this vacation?
Within three years, maternity leave can be reissued several times for different family members. The renewal procedure is fast enough.
As a rule, the mother of the child goes on maternity leave, while the father works. However, the material needs of the family can change and increase, after which the baby's mother may decide to go to work. The solution is simple - you can reissue the decree on the grandmother of the child.
In this case, the mother needs to receive a certificate on the termination of payments of child benefits, and then grandmother should turn to her management with an application for reissuing the decree.
When several children appear in the family at the same time, then several people can look after them. The only thing per child should not be more than one person caring for him and, accordingly, receiving payments. So, in the family where twins appeared, both mother and grandmother can receive payments. To issue such a decree, one person needs to make a statement stating which particular child he is caring for, and the second, accordingly, will receive payments for the second child.
Conclusion
Summing up, I would like to note the following facts: of course, not only his mother, but also any other close relatives can go on maternity leave and look after the baby. Often young people choose to give parental leave to their grandmother in difficult financial situations, or when the amount of payments and benefits is incommensurably less than income at the place of work.
The most acute problem arises if the mother of the child has unofficial work and, accordingly, unofficial income, and she can also study at the full-time department of the university. Undoubtedly, it is important to spend more time with your child, but sometimes life makes its own adjustments, and mother has to return to work early. It is pleasant that the state allows the grandmother to be engaged in the baby, thereby helping her children.
