In a family where the birth of a child is expected, situations are possible when only the expectant father works or the mother decides not to stay at home with the baby and returns to work soon after giving birth. Can a husband receive maternity benefits instead of his wife? What benefits can he count on? How is the receipt of maternity payments by the father formalized? You will find answers to these questions in our article.

Benefits during maternity leave: what a father is entitled to

Maternity payments are the name given to benefits for pregnancy and childbirth and for child care up to one and a half years of age. These funds are traditionally received by the child's mother, but we will find out whether the father can receive maternity benefits.

If the expectant mother works and social insurance contributions are paid for her, she has the right to take pre- and postnatal leave (B&R leave) at the 30th week of pregnancy. Based on the sick leave issued by the doctor, taking into account the average salary, she is awarded maternity benefits. It is logical that no one except the woman herself will be able to receive such benefits, so it is impossible to apply for these maternity benefits for any of the relatives, including the husband. If a woman is unemployed, she herself will not receive this benefit.

Monthly allowance for caring for a child up to 1.5 years old assigned for the period of being on vacation of the same name, amounts to 40% of the average salary, and is accrued to non-working people in the minimum amount. The mother has the right to refuse this leave in order to immediately return to work at the end of postnatal leave. Then any relative can stay at home with the child, receiving benefits for up to 1.5 years. Is it possible to arrange maternity payments for my husband? Of course, but at the same time he will have to leave work for a while and “go on maternity leave” himself, taking leave to care for the baby (Article 13 of Law No. 81-FZ of May 19, 1995).

A father can receive child benefits from the day his wife completes her BiR leave, and if she does not have a job, then from the day the child is born, provided that he provides the employer with a certificate from social security stating that the wife did not receive maternity benefits.

There is another payment that a father can receive without going on maternity leave when the child arrives - one-time benefit for a newborn. Each parent has the right to receive it equally, but it is paid to only one of them. The benefit is the same for employed and unemployed people - it is 16,350.33 rubles. in 2017 (Resolution of the Government of the Russian Federation dated January 26, 2017 No. 88). If one parent works and the other does not, the benefit will be assigned to the working one. When both parents are unemployed, only one can apply to the social security agency for benefits.

How to get maternity benefits for your husband

To apply for parental leave and receive benefits every month, a working father of a family must contact his employer. He has the right to “go on maternity leave” even if the work is done at home, or he devotes part-time work to it, the main thing is that he is insured by social insurance and the Social Insurance Fund insurance contributions for “disability and maternity” are accrued for him. Unemployed fathers apply for benefits to the social security authorities at their place of residence.

Before applying for maternity leave for her husband, the child’s mother needs to take a certificate from her job (if she is not working, from the social security agency), confirming that she did not receive this benefit. Then you need to prepare the documents:

• an application to the husband’s employer for leave and benefits, or to social security for the assignment of benefits,
• “children’s” birth certificate, if the child is not the first, then the certificates of other children,
• a certificate confirming that the wife did not receive such benefits,
• if the father changed jobs in the previous two years, a certificate from previous employers is requested in form “182n” about salary to calculate benefits,
• Unemployed fathers need to attach copies of work records - theirs and their spouse's.

The deadline for applying for benefits is 6 months after the child turns 1.5 years old, that is, before he reaches the age of two.

The father's benefit is assigned within 10 days after receipt of the documents. It is paid monthly on payday. When payments are made by the social security authority, the benefit is transferred by postal order, or to the details specified in the application, on a certain day of the month.

It does not matter when the application for the benefit was submitted - in any case, it is paid for the entire period from the first day of parental leave until the day the child turns 1.5 years old (Article 14 of Law No. 81-FZ).

As you can see, the answer to the question “can a husband receive maternity benefits?” positive, but this only applies to one type of maternity benefit - benefits for a child up to 1.5 years old when the father goes on maternity leave. In addition, the father of the child, along with the mother, has every right to receive a one-time benefit upon the birth of the baby.

Traditionally in Russia, maternity payments are called compensation from the state at the birth of a child. These include:

The first two payments from the list are directly related to pregnancy. It is logical that only the mother of the child can receive these compensations. The father has no right to claim them.

As for points 3 and 4, maternity leave can be received by any of the baby’s parents, that is, the husband and father as well.

Payments during parental leave to care for a child under three years old are only 50 rubles per month, so few people use them. However, the father of the child can receive this compensation subject to the extension of parental leave.

Payment amount

So, dads can qualify for two types of financial assistance. How much money can you get?

The amount of compensation from the state is 16,759.09 in the current year. It is paid only for living infants to either parent. In the event of the birth of several babies, the benefit is based on each of them.

Important! If both parents are employed, or vice versa, both are unemployed, they can independently decide which of them will receive the money.

If one of the parents works and the other does not, then compensation is assigned to the parent who is officially employed.

Step-by-step instructions for applying for benefits.

As for child care funds, the amount of benefits payable to a new father is 40% of his average monthly salary.

Such earnings are determined based on data for the two years preceding the vacation, but the total amount of payments should not exceed the average monthly earnings for the last 2 years.

The maximum possible payment this year for child care for dads going on parental leave is 24,536.57 rubles.

If dad's salary does not exceed this indicator, it will be used to calculate the payment (that is, 40% of it will be considered). Thus, monthly financial assistance will be equal to 3795.6 rubles.

Please note that dad has the right to work part-time, in which case he retains the right to financial assistance. And here It is prohibited to work and simultaneously receive the above payment.

Unemployed fathers are given child care benefits in the amount of 3,142 rubles for the birth of their first child, and 6,284 rubles for the second and subsequent children.

The size of benefits is also affected by the regional coefficient. Accordingly, if one is established in the region of residence of the father, this will be another addition to the maternity payment.

Can a husband and father receive maternity leave if his wife does not work?

The husband and father can receive maternity benefits regardless of whether the child’s mother works or is unemployed.

Moreover, in addition to the legal husband of the child’s mother, the child’s biological father can also receive benefits, even if his mother and father did not legally start a family.

If necessary, parental leave and payments can be granted to close relatives of the child’s parents.

Important! A prerequisite for receiving maternity benefits for the father is the presence of his last name, first name and patronymic in the “father” column of the baby’s birth certificate.

How to apply for maternity benefits for your husband

As stated in paragraph 3 of Art. 12 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, when a man decides to go on maternity leave instead of his wife, he applies for benefits within six months from the birth of the child and before he turns 1.5 years old.

If the spouse is entitled to leave due to pregnancy and childbirth, then child care benefits can be received only after its end. It is appointed within ten days after submitting documents.

To officially go on maternity leave and receive all the payments due, the baby’s father must collect the necessary documents:

• benefit application();
• copy and original of the child’s birth certificate;
• a copy of the marriage document;
• a copy of the applicant's passport;
• a certificate confirming that the child’s mother is not officially on maternity leave and is not receiving benefits due to temporary disability. If the mother is unemployed, she takes a similar certificate from the social security authorities at her place of residence ();
• if parents do not work, you need to attach copies of work records with their last place of work.

Attention: when a husband contacts the personnel service, he must be given a copy of the order with the specific start and end dates of maternity leave, endorsed by the manager, with a seal.

Funds are accrued and paid at the place of official employment of the man, or, if he does not work, are transferred to the provided bank details or by postal transfer.

Monthly benefits payment terms:

• through the employer on the day of payroll;
• through social security authorities, usually in the second half of the month.

If no disagreements arise, the child’s father will receive the money without difficulty, otherwise he will have to contact the territorial center of the Social Insurance Fund to resolve the dispute that has arisen.

In 2018, the amount of maternity benefits for both mothers and fathers of newborns varies greatly. The level of his salary before going on maternity leave plays a big role for the recipient of payments, and government support in our country is not so significant.

Can my husband get maternity leave? We will have to figure out the answer to this question further. We will also try to find out what kind of government support the baby’s father can apply for instead of his wife. Is it even possible to re-register child benefits to the head of the family? Or are all payments from the state and employer given exclusively to the new mother? Finally, let’s look at the procedure for processing payments for a child.

Definition of maternity leave

Can a husband receive maternity benefits for his wife? To answer this question correctly, you will first have to find out what period we are talking about.

What is called a maternity leave? There are 2 different concepts of this term in society. Depending on the interpretation, the right to receive benefits will change.

Maternity leave is a period of incapacity for work before and after childbirth. It is usually given from the 30th week of pregnancy. Used to prepare for the arrival of the baby. The average is 140 days. This period is paid for as a lump sum benefit.

In addition, maternity leave is often called leave to raise and care for a newborn. During this time, the person receives a monthly benefit.

Can my husband get maternity leave? There is no need to rush to answer this question. After all, everything depends on the definition of the maternity leave. Maternity payments are often used to refer to compensation for the birth of a baby. This is the third form of defining the period under study.

Maternity leave before and after childbirth

Does a husband have the right to receive maternity benefits? If we talk about the period of incapacity for work, which begins from the 30th week of a woman’s interesting position, then the answer will be negative.

Some girls and employers jokingly say that a spouse can receive a lump sum maternity benefit if he himself becomes pregnant and gives birth. Under no circumstances should men sign a certificate of incapacity for work before childbirth. This means that only a working wife can claim compensation.

Payment for the birth of a child

Can a husband receive maternity benefits? For example, if they call it a one-time federal benefit for the immediate birth of a baby in the family.

In this case, the spouse actually has the right to obtain compensation for himself. But only on the condition that the wife either works or she does not issue other child benefits in her name. This practice is becoming more and more common in Russia. Especially among families where girls’ salaries are significantly higher than those of young people.

Baby care

Can a husband get maternity leave at work? The final scenario is to request parental leave with appropriate financial support.

In such circumstances, the father can take responsibility for the newborn. The legislation of the Russian Federation does not prohibit this. You just have to take into account that all other child benefits should ideally be issued to the spouse. He will not be able to work until the child is one and a half or three years old (depending on the situation).

Thus, there will be an actual reversal of roles. The woman will provide for the family, and the man will take care of the newborn and manage everyday life. A similar picture can be seen in some families in the Russian Federation.

For husband and wife

Can a husband receive maternity benefits for his wife, but on the condition that the mother of the family will still raise the child herself? That is, actually being on maternity leave?

This option is theoretically possible. In practice, it is not always easy to implement it. The fact is that only one parent can go on parental leave. And when applying for benefits from the state/employer, you will have to take a certificate from the place of work of the second legal representative of the newborn about not receiving financial assistance related to childbirth. Without this, payments will be denied.

In order for the husband to receive maternity payments for himself, and for the wife to be able to care for her baby, it will be necessary to ensure that the woman does not officially work. She can study or be a housewife. Then the spouse will be able, for the sake of profit, to take out a maternity leave for himself and, in reality, leave his wife on it.

The main problem in this case is providing for the family. Someone has to work. If a husband or wife works unofficially during maternity leave, there will be no problems. Official employment will have to wait until the end of maternity payments.

Some families receive passive income or good financial assistance from parents/relatives. These are exactly those situations when a husband is able to take maternity leave and be with his wife and child until the child is 3 years old without much financial damage.

Who is eligible for birth benefits?

We found out whether the husband can receive maternity leave. Who even has the right to receive child benefits?

Ideally, according to the law, appropriate payments are due to the new mother. She receives maternity benefits, compensation for childbirth, and other forms of government support.

In addition to the mother, the father of the children is entitled to state assistance. In this case, the mother will have to refuse benefits and payments. Otherwise, the implementation of the idea will not take place.

Any close relative can care for a newborn. For example, grandparents. Then they will receive the corresponding monthly benefit. But they are not entitled to compensation for childbirth and maternity leave.

As we have already said, it is better for the woman to arrange all benefits for herself. Then you will be able to receive the greatest number of different forms of assistance for the birth of a baby.

Unemployed husband

Can a husband get maternity leave at work? As we have already found out, a man has the right to receive the bulk of child benefits. What to do if a woman works and her husband does not?

In this case, most often maternity leave to care for the baby is issued to the man, and the woman continues to bear the burden of being the family breadwinner. But the male half of society is not entitled to maternity leave before childbirth. Exactly like all unemployed parents.

That is, even in the absence of employment, one of the spouses has the right:

• for child care payments;
• lump sum maternity benefit.

The main thing is that all compensation is issued to one parent. In some cases, a woman goes on maternity leave, and her unemployed husband either works unofficially or finds a job. Then he will no longer be able to apply for financial support.

Where to ask for help

We found out whether a husband can receive maternity benefits instead of his wife. Which organizations provide child benefits today?

To receive maternity benefits in one form or another, employed citizens must go to their employer. Regional compensations are issued at the MFC, as well as through one-stop services or social protection services.

Non-working parents should apply for benefits other than their employer. And where to? They will have to either use social protection services or submit a request to the multifunctional center of the region. To obtain maternity capital, you must contact the Pension Fund of Russia.

Can a husband receive maternity benefits? Yes, but not in full. In order for a spouse to apply for child benefits, he will need the following package of documents:

• identification;
• certificate of income from the place of work;
• work record (including wife);
• application for benefits;
• child's birth certificate;
• a certificate from the wife’s place of work (or from the labor exchange/university) stating that the spouse does not receive any benefits for the baby;
• birth certificate in the established form (issued at the registry office);
• details of the bank account/card/passbook to which money is to be transferred;
• extracts confirming the child’s registration.

This package of documents will be sufficient. In reality, everything is not as difficult as it seems. If we are talking about a working citizen, he is recommended to present his SNILS to his employer. When applying for maternity leave for unemployed people, an insurance certificate is not required.

What you need for a vacation before giving birth

Can my husband get maternity benefits? Only women have the right to leave before and after childbirth on a certificate of incapacity for work. And this is a normal phenomenon, because it is the mother who will give birth in the maternity hospital.

How to register the appropriate period of incapacity for work? Only working women are entitled to it. They will need to show the employer:

• a certificate from a doctor (issued after the 30th week of pregnancy);
• passport;
• application for maternity leave.

This, as practice shows, is already enough. No birth certificates or certificates from the husband’s place of work. After all, the child has not yet been born. Moreover, as we have already said, only the expectant mother can apply for maternity compensation for disability.

Conclusion

We found out whether the husband can receive maternity money. We also managed to get acquainted with the package of documents for bringing the idea to life.

As soon as all the papers are in hand, it is enough to contact either the MFC or your employer. This is where all actions on the part of the recipient of state assistance end. The employer or the state will independently begin to transfer the allocated money to the specified account after a thorough verification of the documents.

Benefits can be refused only if:

• one of the parents is already receiving child benefits;
• the applicant brought an incomplete package of documents/forgeries;
• the legal conditions for receiving benefits have not been met (for example, the father asks for compensation in the form of maternity leave for 140 days).

Both the mother and the father can receive financial assistance for a child after his birth. Who will receive the payments largely depends on the situation in the family. The legislation of our country approves if the wife works, and the husband decides to take care of the child. This is supported by the provisions of Art. 256 Labor Code. Therefore, the father of the child can receive maternity payments without any problems.

The father of the baby has the right to financial assistance from the state after the birth of his son or daughter. This is a one-time payment. It is intended for families with a child. This benefit can be received by any of the parents after they have collected a package of necessary documents. If the benefit is issued to the husband, he must receive a document from the mother’s place of work stating that she does not apply for payments.

Is it permissible for a husband to receive maternity benefits instead of his wife?

Often, expectant mothers are interested in whether it is possible to re-register the payment of maternity benefits (M&B) to their husband if he has a higher official income. Unfortunately, the answer is no. The B&R benefit is provided to a woman due to pregnancy and to prepare for childbirth; the expectant father in this situation cannot apply for temporary disability benefits, therefore, he is not entitled to such payments. Only after the birth of the baby can the father take leave to care for him.

How much should the benefit be calculated?

The size of the payment depends on the region in which the parents live. The local FSS authorities will tell you more about this. The government of our country increases the amount of benefits every year. When carrying out indexation, the level of inflation, price increases, as well as indicators of revenues to the budget of a particular region and the entire country are taken into account.

If dad goes on maternity leave, he must submit an application at his last place of work. Employers do not have the right to deny their employees such a wish. If refused, the conflict is resolved in court.

In any case, the court will side with the applicant. In addition, employers cannot fire such an employee, since they are obliged to provide him with a job after leaving parental leave.

The father of the child has every right to take maternity leave

The only reason why a person on parental leave can be fired is the liquidation of the enterprise.

While the husband is on maternity leave, the child’s mother can continue her studies at a higher educational institution, join the military, or start building her career. Payment of child care benefits to the husband does not reduce the wife's monthly income.

Document collection procedure

First of all, the father of the baby must apply for parental leave. To do this you will need the following package of documents:

• statement;
• a copy of the child's birth certificate;
• a certificate from the mother’s place of work stating that she did not go on maternity leave and did not receive child benefits.

If desired, the child's father can switch to part-time work at his previous place of work. This is especially true for families in which the mother does not have a permanent job or it is more profitable to apply for child benefits for the husband if he has a high official salary. According to the law, an employee cannot be dismissed by the employer during maternity leave.

How can a man arrange maternity leave for himself?

To receive maternity benefits, you must adhere to the following instructions:

1. submit a free-form application to the HR department at your husband’s place of work, which contains a request for child care leave;
2. Receive an order from the HR department with clear start and end dates of leave, the manager’s signature, seal and reference number;
3. After this, you need to write another application to receive payments.

The application must be accompanied by a package of documents:

• a certificate from the Social Insurance Fund stating that the wife did not work before giving birth and cannot go on such leave, since she is not an insured person;
• child’s birth certificate (original and copy);
• a copy of the work record of the wife who gave birth to the child;
• if there is no work record, then - a certificate for the wife from the labor department (employment center), which should indicate that the wife does not receive any unemployment benefits;
• hospital certificate of incapacity for work for the wife due to pregnancy and childbirth;
• a copy of the marriage certificate;
• passport of the applicant's husband (copy).

A man who applies for maternity payments must submit the following documents to the social security authorities at his place of residence:

• an extract from the work book in the form of a copy at the last place of work;
• a copy of the order from the enterprise;
• certificate of family composition;
• a certificate from the Employment Center stating that the wife is not registered and does not receive any unemployment benefits;
• Calculation of the husband's average income.

After the employee provides all documents, the employer can begin calculating benefits. All necessary calculations must be completed within 10 days from the date of application.

Features of processing payments to the father

A man who recently quit his job or is registered with the employment center can apply for maternity benefits directly to the Social Insurance Fund. There are branches of this fund in every region of our country.

If for some good reason you cannot visit the fund, contact the settlement administration for help.

Difficulties with processing maternity payments rarely arise. But when an employer refuses to accept documents, this may qualify as a criminal violation. If a conflict arises, be sure to remind your employer about this.

An employer cannot refuse to pay maternity benefits

The father of the child can protect his rights by contacting the authorities that monitor compliance with legislation in this area.

Table: where to go to get your rights restored

If you have no doubt that the employer has violated the law, you can write a corresponding statement and take it to the labor inspectorate. But it is better to go to court immediately. This body has enormous influence on government and commercial enterprises. Judicial practice shows that labor disputes related to the processing of maternity benefits are usually resolved in favor of the employee.

In what cases should a father go on maternity leave instead of a mother?

Most often, men continue to work while on maternity leave, since all payments can be withdrawn from the father only if he works full time. Recently, many young parents who want to increase their family budget have taken advantage of this right. They do not violate the law, but the government recently introduced a restriction on maternity payments. In this regard, before you draw up documents for payment of benefits to your father, you first need to calculate what benefits you will receive from such a decision.

The procedure for receiving maternity benefits by the father has its own characteristics, but in general it is practically no different from receiving such payments by the mother of the child. If you have any difficulties when preparing documents, it is better to send a corresponding request to the FSS or seek help from an experienced lawyer.

There are circumstances when a woman is going on maternity leave, but she doesn’t have a job. The question arises about the possibility of receiving the required accruals, i.e. maternity enrollment for a man at his enterprise. Yes, the husband has grounds for this assistance, only with one requirement, if he takes out compulsory leave to care for the baby on himself. It is possible that in this case a woman can go to work.

Let's find out what the concept of maternity leave means; there is no such word in accounting. There are, as mentioned above, accruals due for 70 days of pregnancy notice and the same number of days after the birth of the child. The money is received either at the place of permanent work of one of the parents, or at the social security institution in your city. There are also monthly payments that pay up to a maximum of one and a half years. A man is allowed to receive them if he is on maternity leave. But not everyone knows how to arrange this vacation correctly. First of all, you will need documentation: a boy or girl’s birth certificate, a copy of it, a confirmation certificate from the organization where the mother works or studies stating that she did not receive payments, a certificate of the wife’s income. A bulletin from the clinic, which was issued by an obstetrician, will also be useful; it is based on this document that a one-time benefit is calculated if there were no violations of the hospital regime. In addition to the package of papers, you will have to write a petition addressed to the manager. It is drawn up in any form according to the template of a regular vacation application. It is advisable to fill it out with a blue or black pen. At the top of the header we write the name of the company and the full name of the employer. Below is your position, surname, initials are possible, but it is better to give your full name and patronymic. From a new line in the middle of the sheet: “Statement.” It is recommended to think in advance about how long you want to take maternity leave; indicate this period in the document. The owner of the company will keep your vacancy for the entire period of your stay on forced leave. At the end, list the list of references and certificates provided by you, confirm everything with a signature, and date it. The employer will print the order; it may not indicate until what date the subordinate is on vacation. Men on maternity leave have the same rights as women. The time allotted for child care is included in the total length of service. Maternity leave can be taken for a maximum of three years. The father has the right to take maternity leave in parts. For example, the husband sits at home with the baby for some time, then the grandmother, mother, and grandfather.