The birth of a child is a joyful event, and at this moment I want the whole family to be assembled. Is parental leave in Russia appropriate for a father? And if so, how long does it last? How long can I rest when replenishing in the family? Find out the answers to all these questions in this article. Existing legislation should be well studied in order to clarify this situation.
Is there a right?
Does the father in Russia have the right to paid leave in connection with the birth of a child? As we have said, you just need to study the current laws of the Russian Federation. Then finding the answer will not be so difficult.
In Art. 128 of the Labor Code of the Russian Federation indicates that citizens are entitled to additional days of vacation in connection with family circumstances. These events include:
- birth of a child;
- death of a close relative;
- wedding.
Accordingly, you can take a break from working days in connection with replenishment in the family. But in real life, such a right is not used very often. Not every employee knows how to use it correctly.
Type of law
Maternity leave for a father in Russia is granted, but by no means always. Why?
The point is that the law being studied is indicative. And a citizen who is not aware of his abilities may simply not submit an application to the employer.
In other words, if there is an application for leave, it will be considered. Otherwise, the employer does not provide additional time for rest due to replenishment in the family. This is a normal and completely legal phenomenon.
Can they refuse?
Is there always a parental leave for a father in Russia? Or can a citizen be denied it?
Under the current Labor Code, family vacation cannot be denied. But only on condition that the employee has submitted the application of the established form to the personnel officers.
The employer retains the right to demand proof of replenishment in the family. For example, a medical certificate or birth certificate. Usually these papers are presented after rest.
Duration of rest
Is a maternity leave for the baby dad? Yes, but most often the newly-made father will not ask for a vacation (in most cases, he simply does not know about such a privilege), and the leaders do not seek to indicate to him this right. Unfortunately, in our country this is the most common scenario.
It is worth paying attention to the fact that only 5 days are allocated for family reunion after the birth of a child. That is exactly what the father of the family may require on the basis of Art. 128 of the Labor Code of the Russian Federation.
A longer break in employment may be established by personal agreement with the employer. The law does not govern this right in any way.
Terms of payment
What other features should be remembered when requiring maternity leave? There are not as many as it seems.
For example, some are worried about the material side of the issue. Does the father have the right to paid leave in connection with the birth of a child? Or is an appropriate rest given without pay?
Unfortunately, vacation days in connection with replenishment in the family do not provide any compensation. And therefore, not every father will agree to such a step. After all, the appearance of children leads to additional costs.
How to demand rest?
How to apply for maternity leave? For the father, it is provided only if there is a statement. Without the appropriate paper, getting a few days off will not work.
Instruction:
- Make an application for maternity leave.
- Submit a request to the employer, preferably with proof of replenishment in the family. For example, testimony.
- Wait for the signature of the application by the employer.
It is done. In fact, the task posed takes a minimum of effort and time. The main thing is to adhere to the specified algorithm of actions.
About statement
A few words about how to make a vacation application in connection with the birth of a baby. The documentation has no exact form. It is written in free form.
Nevertheless, citizens are encouraged to abide by the rules of conducting business correspondence. In addition, the application must indicate:
- Name of employee requesting rest;
- baby's birth data;
- request for leave;
- Dates of alleged absence from the workplace.
As a rule, the application preparation procedure does not cause any difficulties. The main thing is that the request be expressed in writing. An oral request is not regarded as an official request. Accordingly, the employer can either refuse, or allow a break from work, and then simply set off truancy.
Paid holiday
A maternity leave for a father can be long and paid. But this is an extremely rare scenario.
In today's world, more and more often women go to work immediately after childbirth. And the burden of caring for the newborn falls on the shoulders of men. Since 2007, in Russia, fathers can issue a decree in their name. Then the vacation will be paid by law and continue until the child is 3 years old.
A petition for maternity leave is filed after the birth certificate of the newborn is issued. If the father exercises the right to leave to care for the baby, the mother automatically loses this opportunity.
Conclusion
We found out whether it is possible in Russia to demand maternity leave for a father. Problems can arise only when a maternity decree is issued. For example, it will be necessary to prove the fact that the mother of the newborn continues to work. Otherwise, there should not be any difficulties.