Necessary documents, special conditions and situations where the exchange of roles with his wife would be beneficial.
And that, can you?
Yes, the husband may take maternity leave instead of his wifeLC RF. Article 256.
Some believe that the official decree - a short vacation for a woman to 70 days before delivery and 70 days after. In fact, in the laws of the word "decree" is not mentioned at all, and there are only two holidays: pregnancy and child care. At first it may take only a mother, and the second - a husband, any relative or legal guardian.
In this article, we will assume it is decreed leave for child care that is available to her husband.
Why do men go on maternity leave?
There are situations in which more profitable to issue the decree is not his wife, and her husband:
- Wife earns more. When a person goes on maternity leave, they are paid 40% of the average salary over the last two years. If the wife gets moreThe loss of its 60% will be more tangible, so that it is more profitable to stay at work, and her husband - on maternity leave.
- At work, her husband threatened with dismissal or wage cuts. In this case it is better to maintain a stable 40% of salary, than to lose the money completely. And if you turn up the good work, a decree will be to terminate or renew the mother.
- Wife earns as much as a husband, but works less than six months. In this case, it will receive a decree not based on the average income, and on the basis of the minimum wage. In 2019, he is 11 280 rublesSMIC 2019 - this is 4512 rubles per month maternity. By the way, for the second child payments higher - a minimum of 6284 rubles per month. At the same salary her husband, who worked for at least six months will get more money on the basis of the average income.
- Wife does not work, and her husband after the publication of the decree plans for jobs or work part-time. Then the mother will look after the child, and my father would get 40% of revenue, plus money for second jobs.
What do you need?
For the care of her husband in the decree, there are two key conditions:
- He was over his wife on vacation pregnancy and childbirth - was held 70 days after birth. If you gave birth to twins or triplets, must pass 110 days, if the birth was heavy - 86 days. These days, the mother receives the money for the hospital, and the father is still at work.
- None of the relatives had not taken maternity leave and receive benefits in social protection, if he is unemployed. This rule has an exception: if the mother is on maternity leave from the first child was born and the second husband also can issue a decree. Or if the twins were born, you can go on holiday together: mother fix for one child, and the Pope - after another.
Leave may be taken at a time, for example, the first year of the woman, then half a year - on her husband. The husband may be unemployed or IP - in this case it will receive 6284 rubles a month is not from the employer and the state.
If a man is working at several jobs, maternity leave can be only one. It is better to do it where paid more.
What are the required documents?
Must be attributed to the employer:
- Application for leave of absence for child care.
- Copy of birth certificate.
- A certificate from the mother work that she does not use the leave to care for this child is.
- If the mother is unemployed - a certificate from the Social Security that it does not pay benefits for this child.
- If a man is working on his job less than two years - the income certificate from the last place of work in order to calculate the amount of maternity.
And you can sit in the decree and work?
LawFederal Law №255 «On compulsory social insurance against temporary disability and maternity" It does not prohibit a penny during maternity leave. You can make a one-time job under a contract of civil nature, work at home, or get a part-time basis, with even the employer from whom you took a vacation. The main condition - is officially under contract not to work more than 40 hours a week. If the working time is not fixed, the work can take on any number.
If the wife does not work, and my husband is sure to find part time, Such a scheme is very convenient. As a result, the income of 40% of average earnings, plus money for part-time and on podrabotok with the child's mother can sit. It is more profitable than to issue a decree on the wife and get all 4512 rubles per month.
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