Instructions for mothers to arrange maternity leave for relatives

• home
• Reference
• Miscellaneous

The modern structure of society is blurring the traditional boundaries between men and women. Representatives of the “weaker sex” increasingly prefer to earn money, build a career and devote themselves to concerns related to running a business.

However, the birth of a child in a family significantly changes the accepted way of life, usual contacts and priorities. This is not surprising, since the first years of a baby’s life require constant care. However, contrary to popular belief, current legislation allows not only the mother , but also other relatives to go on appropriate leave.

Is maternity leave possible for a grandmother instead of a mother?

The current Russian legislation does not contain such a term as “maternity leave” in its generally accepted understanding. However, the Labor Code establishes special periods of exemption from work due to the birth of a child in the family.

1. Leave related to a woman's pregnancy and childbirth . It is provided by the employer on the basis of a certificate of incapacity for work, which is issued to the pregnant woman at the antenatal clinic. Its duration depends directly on the expected date of delivery, which is calculated by the gynecologist based on the objective medical data of a particular patient. Its duration is a total of 140 days, but in some cases it can be significantly increased.
2. Care leave up to 1.5 years. In practice, this leave is taken out by the woman simultaneously with the previous one. It should be noted here that this period is an insurance period, that is, it affects the formation of pension rights.
3. Care leave from 1.5 to 3 years. Despite the opportunity, many women do not use this right. Previously, this was due to the fact that the amount of benefits during this period was minimal. In addition, the woman’s insurance period is interrupted.

As a rule, the term “maternity leave” refers to these three types of leave. And, despite its absence in the legislation, later in the article it will be used in the appropriate context, since it is extremely common at the everyday and colloquial level.

The Labor Code establishes that not only one mother, but also other relatives who directly care for the baby can go on care leave. In this case, such a person can also be a grandmother.

Attention! Maternity leave is granted only to the woman who has given birth to a child. And only she is awarded the appropriate allowance.

In practice, citizens have the most questions regarding whether maternity leave will be provided to a working grandmother. The answer to this is positive, but only if the child’s parents did not apply for the appropriate benefit.

It should be noted that only one relative can go on maternity leave to care for one child. However, if there are several children under the age of 3 in a family, then both parents and other relatives, including grandmothers, can go on vacation.

Example:

The family has 2 children aged 2 months. and 1 year and 7 months. Accordingly, the law allows that one of the children, for example, a two-month old, can have a mother on leave, while the grandmother can go on maternity leave with the eldest.

Maternity leave for grandmother: features of receipt.

A woman on maternity leave is entitled to the following types of benefits:

• up to 1.5 years – 40% of average earnings;
• up to 3 years – 50 rub. monthly.

The funds are paid from the Social Insurance Fund. The benefit is not subject to personal income tax. Until the child reaches 18 months, the mother is paid 40% of the earned income she received during the last 2 years.

If a woman did not work or was on another maternity leave, then she can independently choose the period that will be taken to calculate the benefit.

Women who are not officially employed can apply for payment to the social security department. Its size is established by legislative acts and undergoes annual indexation.

In 2021 it is more than 3,200 rubles. for the first child and about 6,700 rubles. on the second and subsequent ones.

If a maternity leave is issued to a grandmother instead of a mother, then she is also entitled to all payments, except those prescribed by social security. Benefits from the employer are issued to only one family member, so it will be necessary to prove that other relatives do not receive it.

Thus, a working grandmother will be able to receive maternity payments in the amount of 40% of her earnings.

She is not entitled to social security benefits for non-working mothers.

Grandmothers who are not full guardians cannot apply for “Putin” payments from maternity capital, since only legal representatives are entitled to them.

Can a non-working grandmother take a vacation?

Obviously, in many families where both parents work, their grandmothers can take care of the children. Moreover, among them there are quite a lot of unemployed people, including those who are retired.

The question of whether a grandmother who is not engaged in work can take a vacation is in itself incorrect. This is due to the fact that the procedure for their provision is regulated by the Labor Code, the norms of which regulate the relations existing between employers and their employees. A person who is not employed cannot take maternity leave in principle.

Thus, the supervision and care of children by non-working relatives is not regulated in any way by law.

However, it should be understood that being on maternity leave involves receiving certain benefits from employers and the state. For example, after the birth of a child, a non-working mother can count on payments due to her through social security. Despite the fact that their size is minimal, they often act as a serious help for a young family.

A non-working grandmother cannot claim social benefits while caring for a child, unless there are compelling reasons for doing so, including:

• death of parents;
• parents serving a sentence of imprisonment in a correctional institution;
• missing parents;
• parents have limitations due to poor health.

Reference! When supervising and caring for a child, a non-working relative can only count on a minimum cash benefit.

Features of vacation registration for pensioners

The Russian legal system states that, in addition to all people in the family, a grandmother can also go on maternity leave to care for her grandson.

When applying for maternity leave for your grandmother, you should comply with the following two conditions:

1. 1. The parents of the born baby must work with official employment or be inpatient students;
2. 2. It is better if the grandmother works for official employment.

Even if the grandparent is a pensioner, she must still be an officially employed person, since she will only be able to receive money in connection with the upbringing and care of the child from her employer.

A non-working grandmother also has the opportunity to receive small payments; to do this, you must provide documents to the social security service at your place of residence.

It is important to note that for grandmothers on maternity leave, payments to the pension fund do not stop and this leave is taken into account in the total length of service. And after maternity time expires, the employer must maintain the maternity place of work.

There are cases when an unemployed woman of retirement age can also apply for payments for children:

• if the parents have a disability or illness and are unable to support their children;
• if the parents are officially listed as missing;
• if the parents are in places of restriction of freedom;
• if mom and dad do not have parental rights to children;
• if the parents officially abandoned the children.

In any situation, the grandmother must provide the necessary package of documents confirming this or that fact of parental non-involvement with the children. Based on a number of stated reasons, the grandmother is recognized as a guardian and a bank account is opened for cash payments.

How to book a vacation correctly

Maternity leave is carried out by application. To do this, the employee must collect the necessary documents that confirm the relevant right, submit an application and follow a strictly regulated procedure.

List of documents

First of all, you need to prepare the necessary documents. These include:

1. Application for leave. It is drawn up in writing. There is no strictly unified form for it. However, you should remember the general requirements for the preparation of this kind of documents, including the absence of erasures, corrections, factual errors, and so on.
2. Child's birth certificate. A copy is required for submission. However, the responsible employee may also need the original document for review.
3. Confirmation that parents do not receive benefits . Each parent must provide a certificate stating that he did not use the right to maternity leave and does not receive the corresponding benefit. If the parents are not employed or carry out unofficial work activities, then such a certificate is issued by social protection authorities.

If a non-working grandmother who is entitled to benefits plans to receive it, then she needs to collect a similar package of documents, but instead of confirming the fact that her parents did not receive benefits, she needs to provide evidence of her right to receive money. For example, a certificate from the place of imprisonment confirming that the parent is serving a sentence, etc.

An employer does not have the right to demand from a working grandmother documents confirming her relationship with the child or the facts of cohabitation with him.

It is also useful to read: Is maternity leave included in the length of service?

Is maternity leave included in seniority?

Where to apply for registration

A working relative submits a package of documents, the list of which is given above, at her place of work. Vacation registration is carried out by employees of the personnel department or accounting department.

The employer cannot refuse to provide it. Disputes arising in this regard are resolved by contacting the judicial authorities or the labor inspectorate.

The required maternity payments are made through the Social Insurance Fund without submitting any additional documents to this body. Unemployed relatives apply to social security authorities for benefits.

When to submit documents

There are no significant regulations related to the timing of filing documents for maternity leave. However, it is recommended to notify the employer in advance.

Documents for grandmother's maternity leave.

Documents you will need for your grandmother's maternity leave:

• statement;
• child's birth certificate (birth certificate);
• certificates stating that other relatives have not received benefits.

The application must be filled out in free form or according to the form established by the institution. A copy of the certificate does not need to be certified.

A certificate stating that the mother or father did not exercise the right to maternity leave is written in free form. It differs in every organization.

The application must indicate the following information:

• date of leave;
• information about the minor;
• Attached documents.

The application states the date of preparation and puts the personal signature of the applicant.

Amount of child care benefit

Many working relatives are interested in the question of how much the care allowance will be. There is no clear answer to this question, since its size depends on wages.

So, through the Social Insurance Fund she will receive an amount equal to 40% of the average monthly earnings of a citizen . It is calculated for the last 2 years of work.

Important! If the grandmother is a working pensioner and, in addition to wages, also receives a pension, then the fact that she goes on maternity leave will not affect the amount of wages.

If a relative works in two places, that is, she has a main job and works part-time, then she submits an application for both. However, the benefit will still be issued at the main place.

The above procedure for calculating benefits only applies to taking vacations of up to one and a half years. However , after the child turns 1 year and 6 months, payments under the Social Insurance Fund will stop.

Previously, persons who cared for children until they turned 3 years old were paid an allowance of 50 rubles. Obviously, this amount in modern realities is completely insignificant. In this regard, the authorities decided to cancel these payments.

Instead of 50 rubles, citizens can count on a monthly allowance equal to 1 subsistence minimum in the region. However, it should be taken into account that it is received by the least financially prosperous and financially secure families, where the income for each member is less than 2 subsistence minimums, which are established in the constituent entity of the Russian Federation where they live.

Current legislation allows that care for a small child can be provided not only by the mother, but by other persons, including grandmothers. However, they will only be able to receive benefits if they are officially employed. Unemployed grandmothers can count exclusively on the social minimum payment, but only in those cases that are expressly specified in the law.

Legal aspects

According to the legislative acts of the Russian Federation, it follows that any able-bodied family member can care for a newborn child, and it does not matter whether he is one of the baby’s parents.
This means that it is also normal that the grandmother takes out parental leave. First, you need to collect the documents necessary to apply for maternity leave, and then complete the application at work.

It is important that after collecting all the necessary documentation, you can apply for maternity leave 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 partially. For example, the first year is registered in the name of the child’s mother, and the next six months in the name of the grandmother, or at any other time intervals convenient for each specific family.

How to apply for maternity leave for your grandmother?