Is time off at the birth of a child entitled to his father according to the Labor Code of the Russian Federation - provision, payment, registration

The father of a newly born baby has the same work privileges as the mother of the baby, including the opportunity to receive additional days off. Legislative acts provide for two types of possible vacation periods:

• paternity leave at the birth of a child, not subject to payment;
• leave to care for a child until he turns three years old, during which the corresponding cash benefit is due to be accrued.

The provision of the first type of rest is regulated by Article 128 of the Labor Code of the Russian Federation, according to which the employer is obliged to provide the subordinate with several unscheduled days off. To obtain them, you will need to submit an appropriate application addressed to the employer, indicating the basis for their receipt, as well as a link to the legislative act regulating this right.

The second vacation period is provided to employees under Article 256 of the Labor Code of the Russian Federation. The right to receive parental leave can be used not only by the father or mother, but also by any close relative (for example, a grandparent), provided that the parents urgently need to go to work to perform their job duties. If this decision is made by the child’s father, then he should draw up an application and also provide the employer with a certificate from his wife’s place of work confirming the fact that she did not take out this type of leave.

Features of granting short-term leave to the father at the birth of a child

The provisions of labor legislation establish several situations, the occurrence of which obliges employers to provide unscheduled days off to their subordinates. These include:

1. The birth of your own baby;
2. Marriage;
3. Serious illness or premature death of a close relative.

Accordingly, when answering the question of many male employees: are they entitled to days off when a son/daughter is born, we can confidently give a positive answer. When planning to take out a short-term vacation period at your own expense, first of all, you should familiarize yourself with the features of its provision:

• The process of submitting an application to an employer does not have strict time limits, which means that the document can be provided to the boss even a day before the person goes on vacation;
• Days off should be provided to the young father, regardless of the wishes of the boss, staff shortages or workload;
• The right to receive this type of leave period is granted immediately after the birth of a child; it is impossible to preserve it for use in the future;
• If the moment the baby was born coincided with the father’s business trip, then you can take out the required time off after returning;
• The employer does not have the right to recall an employee from this type of leave;
• Providing additional days of rest at the birth of a baby is carried out regardless of the length of service of the employee in this organization.

IMPORTANT! To receive additional leave in connection with the birth of a son/daughter, the employee does not have to present evidence of this event to the boss. However, if the employer requires the provision of a certificate from the maternity hospital or a birth certificate of the baby, you should not spoil the official relationship and refuse the official.

Time off without saving average earnings.

The Labor Code states that there are circumstances when the employer is obliged to provide leave “at his own expense” at the request of the employee.

Such situations include:

• addition to the family;
• marriage;
• illness or death of a loved one.

To apply for leave, an employee application is required. Its duration is up to 5 days. Rest is provided to the employee regardless of how long he has been employed in the company.

Therefore, to the question whether the father is entitled to leave at the birth of a child, the answer is yes. It must be taken into account that during this time the employee does not retain his salary.

The following features of granting leave without pay to the father after the birth of a child are noted:

• the application can be submitted one day before the time of rest;
• the right to this type of leave is not retained; if the employee does not take it immediately, then it will not be possible to use it in the future;
• in the case when the employee is on a business trip, he can take out days of rest immediately after returning;
• time off is provided regardless of when the employee was on vacation.

Days without pay are provided to a man after the birth of a son or daughter without providing documents confirming this fact. This right is enshrined in Art. 128 of the Labor Code.

The employer will not be able to refuse to provide leave. However, additional guarantees and benefits may be prescribed in the Collective Agreement or other internal local act.

Some employers provide paid leave in the event of the birth of a child. Its duration is regulated by the Collective Agreement, but most often does not exceed 5 days.

Duration of leave for an employee who has a child

The birth of a child is a compelling argument for giving an employee several days off in order to help his wife in the first days of the baby’s life. Due to the fact that the duration of this additional vacation does not exceed 14 days, it is short-term in nature. As a rule, employers are required to provide subordinates with no more than 5 days off, however, some circumstances may become the basis for reducing or increasing this period:

1. Three days are provided to persons whose part of their vacation coincides with weekends (Saturday/Sunday);
2. Suspension of an employee from fulfilling official obligations for a period not exceeding 14 days is permitted upon mutual agreement with the supervisor. As a rule, the employee must provide valid reasons for such a long absence. This period is the maximum possible period that will be included in the person’s insurance record;
3. Add. Leave for the birth of a child of more than two weeks is granted only if such a rule is prescribed by the provisions of the collective agreement. It is worth considering that the number of days exceeding this period will not be included in the calculation of the employee’s insurance period.

Sample documents

Download an application from the father for time off due to the birth of a child in the family - sample.

This is what the sample looks like:

Download an order for providing unpaid days off - sample.

This is what the sample looks like:

Features of granting leave to a military father

Additional leave in connection with the birth of a baby is also provided to persons liable for military service who serve under a contract. A serviceman can apply for days off only with the permission of the commander of his military unit. The duration of this type of vacation for this category of employees is increased compared to the vacation of civilians and amounts to 10 days. To notify the unit commander of the need to take several unscheduled days off due to the addition of a family, the serviceman must submit a report and provide the commander with a document proving the birth of the child. The basis for leaving for additional The vacation can be a certificate from the maternity hospital or a baby’s birth certificate.

The report is drawn up in the name of the commander of the military unit in which the citizen serves. Depending on the serviceman’s place of service and the position he occupies, this document can take different forms; it is advisable to clarify its type or take a sample report directly from the personnel department at the place of service. The following information must be reflected in the document:

• Personal data of the military personnel;
• Personal data of the commander of the military unit indicating his position;
• Title of the document;
• The circumstance on the basis of which a citizen requests the provision of additional information. vacations;
• Date the report was issued;
• Personal signature of the applicant.

Leave for a military father

When a soldier’s father has a child, the latter is also entitled to leave on an equal basis with other citizens of the Russian Federation. To determine how many days are given when replenishing the family of a man in military service, we proceed from the following parameters:

• whether the spouse or the child’s mother plans to go back to work;
• what are the reasons for the absence - short-term assistance in connection with the birth, or the organization of full care for the newborn until he reaches a certain age.

A serviceman is entitled to extraordinary leave if his service is under a contract. To coordinate the absence, the serviceman must submit to the commander of the military unit

1. An extract that will be issued in the parental home upon birth, or a completed certificate of the newborn from the registry office.
2. A report indicating the name of the serviceman, his commander, the reason for filing the report, date and signature.

Procedure for applying for short-term leave

In order to legally leave your workplace and go to the appropriate additional place. leave, the employee should adhere to the procedure established by the legislator. The main stages of registration of days off in connection with the birth of a baby are:

1. Agree in advance with the employer on the number of days off that he can provide upon the birth of a child;
2. Complete and submit applications addressed to the head of the organization, indicating the specific period of leave;
3. Attach relevant documents to the application as evidence of the birth of a son/daughter. It is allowed to present documentation after leaving the additional. vacation, since issuing a birth certificate requires a certain period of time;
4. Wait for a positive decision from the head of the organization and his signature on the document;
5. Familiarize yourself with the Order on the provision of additional days off, on which you should put your own signature;
6. On the appointed day, go on your due vacation.

The algorithm of actions that a citizen can use if the employer refuses to provide extraordinary leave at the birth of a baby is discussed below in the article.

How to arrange a short-term vacation

In Art. 128 of the Labor Code of the Russian Federation establishes the possibility of applying for administrative leave for the birth of a child to the father, classifying this reason as a valid reason for absence. Such leave is issued for only a few days and is short-term in nature.

As a rule, fathers of newborn babies enjoy the right to be absent for 5 days (the maximum mandatory period).

However, the actual duration of absence may be more or less:

1. The parent receives 3 days of rest from work duties if part of the vacation falls on weekends.
2. Up to 14 days are provided without pay, while preserving the employee’s length of service, if management allows the duration to be increased upon agreement.
3. A longer period is possible if the collective agreement at the enterprise contains such a rule, or the employer has granted such a right, and these days of absence will be excluded from the length of service.

Regardless of the number of days of a short-term break in work activity, when providing days off for the birth of a child to the father, the general agreement procedure must be followed:

1. Submitting an application for unpaid leave at the birth of a child addressed to the head of the enterprise.
2. Attachment of supporting documents to the application.
3. Obtaining visa approval from management.
4. Issuance of the order and signature on familiarization.

When writing an application, the employee independently determines the duration of his absence on unpaid leave, since this affects the amount of earnings he will receive for the month. If desired, dad has the right to request a smaller number of days, indicating this in the application (for example, two or three days). When determining the duration of his absence, a man should remember that a period of more than 14 days is reflected in the length of service, because the company stops paying contributions for the employee since he is on unpaid leave.

Since the support and assistance of a spouse is most often required in the period immediately after the birth of the baby, the birth certificate is not yet ready, so a certificate from the maternity hospital confirming the birth of the newborn is attached to the application. The law allows for the opportunity to provide a supporting certificate from the registry office later, when going back to work.

The employer is required by law to allow an employee to go on vacation, regardless of production necessity or work during a probationary period.

• Vacation for large families: choosing any time for relaxation

The birth of a baby is a sufficient basis for agreeing to several days of emergency absence. The parties will agree separately on how many days they are supposed to take off, remembering that the state guarantees a 5-day period. The right to recall an employee from vacation does not apply in this case, even if management insists on an urgent return to work duties.

If the employer refuses time off

As a rule, an employee’s relationship with an employer is built on the principle of subordination to management decisions. However, in case of refusal of a 5-day rest due to the birth of a baby, the official grossly violates the norms of labor legislation (Article 128 of the Labor Code of the Russian Federation).

• How many days in advance should a vacation application be written?

If a man follows the procedure, submits an application and supporting papers, and if the employer refuses or delays in providing days off, all that remains is to call for help from supervisory structures - the prosecutor and the labor inspectorate.

Taking advantage of the legal illiteracy of employees, management often denies the right to time off, citing the following circumstances:

• There is no way to release a person without disrupting the production process.
• The duties performed by the employee are unique, and there are no similar replacement employees available on staff.
• The responsible official is absent from work (for example, on vacation).
• The person did not cope with the assigned amount of work for the month, and extra days off will lead to failure to fulfill the plan.
• An employee is on a business trip.

It should be remembered that such formulations do not provide grounds for the abolition of the right established by the Labor Code of the Russian Federation. If the employee has submitted an application and attached supporting documents, the employer must release him in any circumstances. If you are afraid that management will refuse, when submitting the application for consideration, make a copy and mark the acceptance of the document.

Procedure for applying for long-term parental leave

Some fathers, after the birth of their son/daughter, decide to go on parental leave. This right is granted by the provisions of labor legislation, however, on the condition that the mother of the baby does not take a similar leave, but recovers from the birth at work. To receive this type of vacation, a young father must follow the procedure for registering it:

1. Submit a corresponding application to the employer. The document should indicate the desire to be removed from performing labor functions until the child is 1.5 or 3 years old;
2. Attach to the application a certificate from the spouse’s place of work confirming the fact that she did not take out a similar leave for herself;
3. Provide the child's birth certificate.

Based on the above documents, the employer issues an internal Order to send the employee on leave to care for his son/daughter. Due to the fact that during maternity leave a person must be provided with appropriate payments, the organization’s accountant makes calculations to establish average monthly accruals. Payment of financial assistance is made to the employee’s account no later than the 26th day of each month.

IMPORTANT! During the period of this type of leave, the person retains his workplace, position and workload. An employer does not have the right to unilaterally terminate an employment contract with a subordinate, except in cases where the organization is being liquidated.

Types of vacations and legislative regulation

The law provides for several types of leave for men who become fathers:

• By birth of a child;
• Annual out of turn;
• For child care.

Article 128 of the Labor Code of the Russian Federation provides for granting an employee up to five days off when a child is born. These days are unpaid and are provided after the employee writes an application addressed to the director. A document confirming the birth of the child is attached to the application .

The head of the organization is obliged to let the employee go when he has children , even if he is on a probationary period, there is no one to replace him, there is a blockage at work.

But the employer can, if desired, increase the period of such leave or provide the father with financial support at the birth of a child; such conditions are prescribed in the Collective Agreement.

The days of compensatory leave provided will be included in the work experience.

If the mother of a child suddenly does not have the opportunity to go on leave to care for a child under three years old, then the father can also go .

You can read more about parental leave here.

Watch a video about what benefits can come from taking a father on parental leave :

To receive such leave, a citizen must draw up an application and present evidence that the mother is not on this leave and does not receive the corresponding benefit. Moreover, the father has the right to work remotely or part-time , while maintaining benefits. The employee retains his job.

In addition, while the spouse is on maternity leave, the spouse may, unscheduled, ask for part of the annual paid leave (no more than 14 calendar days). This is stated in Article 123 of the Labor Code of the Russian Federation.

Is paternity leave paid at the birth of a child?

An employee who wishes to receive additional leave in connection with the birth of a baby cannot claim to receive payment for this period, since the provisions of legislative acts do not impose this obligation on the employer. The manager has the right to independently fix in the collective agreement the possibility of providing a person with a certain amount of money as a bonus in the event of a new addition to the family.

If an employee needs to receive vacation pay for weekends in the amount of average daily income, he should agree with the employer to take the main vacation provided to employees annually. The birth of a child is a compelling argument for requesting this vacation period outside the schedule approved by the organization. This right is regulated by Article 123 of the labor law, which states that an employee-father can receive part of the main annual rest while his wife is on maternity leave. In this case, the duration of a person’s work in the company will not play a significant role.

Features of long-term vacation

If the husband requires leave to provide long-term care for the newly born baby, a different norm of labor legislation applies, namely Art. 256 of the Labor Code of the Russian Federation, Law No. 81-FZ of May 19, 1995.

There are no differences when applying for maternity leave to care for a newborn for men and women. When considering whether an employee is entitled to maternity leave, the employer is obliged to remember this. Of course, maternity leave is not issued, but after the birth of the baby, the man is obliged to share parental responsibility with the mother.

• The truth about whether a man can go on maternity leave

The only important thing is the presence of a condition - if maternity leave is granted to the father at the birth of a child until he reaches the age of one and a half years, the mother must go to work - the state obliges to pay maternity benefits to only one of the spouses.

Applying for maternity leave for a man is as easy as for a mother. An application with a list of attached documents is submitted to the management of the enterprise:

1. A certificate from the organization where the mother of the newborn works stating that she is not granted maternity leave.
2. Child's birth document.

The form for writing an application is free, however, each enterprise may have its own forms or requirements for drawing up the document. When drawing up, it is necessary to correctly indicate the start date of the maternity leave - this should be the day following the end of the woman’s leave under the BiR.

Paid maternity leave lasts up to 1.5 years, but a man has the right to extend it up to 3 years. The reason for the extension may be health problems in the child, confirmed by medical certificates. However, payment for a longer period of absence associated with child care is not guaranteed by law. Management has the sole discretion to determine whether an extension of the period of paid absence from work may be possible.

What to do if the employer does not provide leave to an employee who has a child?

Some employers, due to the heavy production load on existing personnel or due to the lack of the required number of personnel in the organization, refuse to grant subordinates leave for the birth of a son/daughter, which is an unlawful act on their part. The employee, in turn, has the right to do the following:

• Draw up a statement addressed to the head of the company indicating the reason for leaving the additional position. vacation. At the same time, the document should indicate a reference to Article 128 of the Labor Code of the Russian Federation , which provides workers with the right to receive extraordinary days off;
• Send the application to the organization’s personnel department and ask the receiving specialists to officially register it. In order to have evidence of the provision of the document to the employer, it is recommended to draw it up in two copies, one of which, with a mark of acceptance, should be taken for yourself;
• Within three days after submitting the application, an Order is issued to send the employee to additional. vacation. The administrative document must be provided to the employee for review against signature. If a citizen does not receive the Order on the last working days, he has the right to voluntarily go on vacation without notifying his employer;
• You must return to your workplace strictly within the time period specified in the application. If the employer, due to the employee’s unauthorized absence from the place of work, applied certain penalties to him, the person must file a claim against the official with the Labor State. inspection or send a statement of claim to the court (in case of dismissal of an employee for “absenteeism”) to restore your own labor rights.

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