How to issue maternity leave for a pensioner grandmother. How can I reschedule this vacation? Ability to work from home

Surely, many people have heard of such a definition as maternity leave for a grandmother.

In fact, this is very convenient, since many mothers are in a hurry to go to school as soon as possible, or to ensure all the benefits of their child.

There are several reasons why a mother wants to go to work: a difficult financial situation, fear of losing her informal job, unwillingness to interrupt her studies at a university.

And regardless of the fact that today this is not a common occurrence, if desired, maternity leave for a grandmother can be issued quickly.

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Can a grandmother apply for a decree

Relying on legislative framework RF, we can conclude that one of the able-bodied family members can sit with the baby, and it does not have to be his parents. It is quite real decree on the grandmother. First of all, you need to prepare documents and apply to the employer with a statement.

Important! After completing the documents, you can apply for paid parental leave until 1.5 years and unpaid for another 1.5 years. That is, in general, the decree is three years.

Parental leave is allowed to be used in the entire allotted period or in part. For example, it can be divided - for the first nine months the child is looked after by his mother, and the second 9 months by his grandmother. It's about only about paid.

Design features

There are two conditions that must be met in order to apply for a grandmother's leave:

  • The child's parents must study or work. You can study only on a full-time basis.
  • Grandma must be employed.

If the grandmother is already retired, she must still be employed. Do not be afraid that the employer will refuse to pay her child support. All provisions are spelled out in the labor code.

In addition, this leave is included in the length of service, which means that contributions to the pension fund will not stop. And when the child is three years old, the company's management must provide the employee with a job.

Although a non-working grandmother may receive an allowance for when their parents:

  • sick and unable to support a child
  • are listed as missing
  • prison inmates
  • deprived of parental rights
  • for personal reasons do not engage in education

But it should immediately be noted that if the official grandmother is not employed, she can count on a small allowance. To do this, with all the documents you need to contact the social. protection of the locality in which she lives.

Maternity leave for a grandmother, if the mother works, the employer is simply obliged to issue. He cannot fire his employee for this reason. Dismissal is possible only upon liquidation of the enterprise. If the employer does not want to send the grandmother on vacation, you can decide through the courts.

List of documents

Of course, to apply for any allowance, a rather large package of documents will be required. In order for a grandmother to take care of her grandson or granddaughter legally and receive benefits for this, the following documents must be provided:

  • child's birth certificate
  • the passport
  • work book
  • certificate from work, school or hospital
  • statement of all income
  • certificate of kinship (birth certificate of one of the parents, on whose side the grandmother will sit with the child)
  • certificate from the social protection for not receiving child support
  • grandmother's statement

The application must indicate the date from which you want to go on maternity leave and the date when you return from it. If your plans are to care for a child under three years old, this must be prescribed separately.

You can also do part of the work at home, the amount of benefits will be saved in full, and you can still receive some part of the salary at work.

Also, a mother can work half a day, then she will receive a salary, and a grandmother will receive an allowance for her grandson / granddaughter.

When making maternity leave for your grandmother, if your mother is studying, you can cheat a little.

After all, mom will not be at school all day, that is, grandmother will only sit with her when mom is studying. When she is at home, then the grandmother can safely go to work.

Then she will receive child support and some part of the salary.

But only first you need to talk with the director about such conditions and receiving wages.

Need to know! A grandmother who has taken leave to care for her grandson or granddaughter can, if she wishes, return to her previous workplace and return on maternity leave several times until they are 3 years old.

Benefits and payments

According to the legislative RF, those who are on parental leave are entitled to certain benefits. To receive them, you must contact the director with a statement.

Important! If the grandmother works in several places, then the allowance is calculated from the average earnings from all places, although it is paid only at the main place of work.

Since there has been a crisis in the country since 2016, grandmothers receive benefits at a reduced rate. When applying for benefits, please consider the following information:

  • Up to 1.5 years old, a grandmother can receive up to 40% of her salary every month. The average salary for the past two years is calculated.
  • The minimum amount since February 2016 for 1 child is 2908 rubles, for the second - 5917 rubles. The maximum amount is 13833 rubles.
  • From 1.5 to 3 years, the payment, as a rule, does not exceed 150 rubles.
  • A mother can also receive child support if she is a full-time student.

Now we are considering paid leave from 1.5 to 3 years, because, you see, 100-150 rubles a month is not money, for which many people do not apply for benefits. If you wish, you will have to apply for it twice, the first time up to 1, 5 years and the second time from 1.5 to three years.

In order to accurately teach benefits, the application must be written in duplicate, one must be with you and the other with the employer. The grandmother will begin to receive benefits only after the order is issued.

If he is absent for a long time, then you can contact the labor inspectorate to urge the employer to sign the order.

Third parties are entitled to parental leave if the parents are unable to care for the child. That is, only 1 person can receive such benefits, even if several relatives take care of the baby.

Upon adoption

It often happens that a young couple cannot have children, then most of them adopt a baby from orphanage. But you can also send your grandmother or other close relative on parental leave.

To do this, first of all, you need to contact the Board of Trustees to obtain a certificate of incapacity.

As a rule, data on the adoption of a child can only be disclosed by themselves. If, at work, grandmothers do not want to issue maternity leave, since the grandson or granddaughter, as it were, “came from nowhere”, she can sue the employer.

Re-registration of maternity leave



On maternity leave - dad

Up to three years, parental leave can be reissued to different family members several times.

This procedure is performed very quickly.

After all, the situation is often when a mother sits with her baby, receives a small allowance, and dad works.

But the child is growing and his needs are increasing, so this money is not enough and the mother decides to go to work, offering to issue a decree to one of her close people - her mother.

The mother needs to provide a certificate confirming that the daughter or son has been terminated, and only after that the grandmother can contact her employer to reissue the decree.

If several children were born in the family, then several people are allowed to take care of them. For each newborn, there should be no more than 1 person who will care for them. That is, at the birth of twins for babies, both mother and grandmother can receive benefits. To do this, one of the adults must take a certificate stating which of the children is receiving income. And the second allowance will be paid for another child.

In conclusion, I would like to say that not only mother, but also his other relatives can take care of a small child. Of course, many people send grandmothers on maternity leave, only because the allowance is small and it is difficult to live on it, especially if the mother has a well-paid job. This is especially true for those mothers who do not have official work. Any mother does as she sees fit, of course, the time spent with the child is priceless, but sometimes you have to lose it by going to work early.

On the video - working grandmothers can take maternity leave:

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The legislation does not prohibit making maternity leave for a grandmother on one of the parties - mom or dad of a newborn.

While a woman is on vacation, seniority continues to be credited. The boss does not have the right to refuse to issue a vacation.

Dismissal is also illegal. Otherwise, the grandmother can go to court - justice will be on her side.

The legislative framework

Pensioners

In the case when the grandmother does not have a job and is retired, the social payment for child care is due in such cases:

  • if the parents are gone;
  • do not have the opportunity to support the baby (for example, they are disabled);
  • they were deprived of parental rights;
  • do not have a personal desire to educate a newborn.

Working

If the grandmother is officially employed, then she has the right to issue a decree with the preservation social payment until the baby is 1.5 years old.

Even if the grandmother is not entitled to receive benefits, she cannot be denied leave.

How to apply?

  • an application with a request to issue a decree for yourself;
  • baby's birth certificate;
  • application for the calculation of benefits (will be paid for a year and a half);
  • certificate from the place of work of the mother of the child.

If mom does not work, then in the design maternity leave for the grandmother will be refused, as there is no need for this. If several children were born, then there is such a right - you can issue a decree to care for a second child.

The process of registering a vacation is carried out 2 times - first, until the baby reaches age 1.5 year, then the vacation is extended until the age of the grandson 3 years.

Required documents

If the decree is issued to the grandmother, it is necessary to present the following package of documents:

  • application (submitted to the department of social protection);
  • birth certificate of the newborn;
  • papers confirming family ties with a newborn
  • confirmation that the parents (or guardians) did not draw up a decree for themselves and continue to work is created in writing.

These documents are necessary in order to issue a decree and assign payments. You can't count on them without them.

How is it paid?

If the grandmother left her workplace on maternity leave, she has the right to receive 40% of the average earnings. The maternity leave will continue to be paid until the child is 1.5 years old, after which payments will be suspended. Social services are responsible for the payments.

Since the grandmother went on maternity leave, she has been entitled to the following types of payments:

  • allowance until the child is one and a half years old;
  • payment in the amount of 40% of the average monthly income (paid every month, at work);
  • allowance after reaching the age of 1.5 years (the amount is established by law).

Benefit amount

The allowance is 40% of the average salary for 2 years. If the grandmother has several jobs, then an application for leave must be written at each enterprise. But the allowance can only be received at the main place of work.

The calculation is based on all income. To do this, you need to take a certificate of income from each organization and take it to the accountant at the main place of work.

It is 2194.33 rubles per child. On the second - 4388.67 rubles. The maximum size is 13833.33 rubles.

Upon adoption

When a married couple adopts (adopts) a child, they also have the right to go on maternity leave. Grandmother is no exception, she can arrange a vacation for herself. To do this, you can apply to the Board of Trustees to get a certificate of incapacity as soon as possible.

During the execution of the decree, the secret of adoption should not be disclosed, only guardians can disclose it.

At work, neither the boss nor other employees have the right to ask about sudden appearance child. If there are conversations in the workplace, then the guardians have arguments to go to court.

If mom works part time

If the mother does not want to leave the baby for the whole day with the grandmother and at the same time wants to work, there are several options - work from home or part-time work. In these cases, the right to receive benefits is not lost.

Thus, the grandmother is allowed to take maternity leave. The only caveat is that it must have a workplace.

If a woman is retired, then she will not be able to take care of the baby.

By law, the employer cannot refuse to issue a decree, and is also obliged to keep her workplace for the employee.

On the video about the design features

Can a retired grandmother go on parental leave? This question is relevant enough for many families. Russian legislation contains a clear answer to it: definitely can. Both grandparents or the father of the child have the right to take parental leave.

Usually grandmothers, having decided to go on vacation, are guided by the desire to help a young family and babysit their grandchildren. But the reasons for their departure on vacation may be completely different:

  • the mother of the child is unemployed, or has an informal job, or her earnings for the last 2 years have been so low that she is guaranteed only a minimum allowance (this is less than 3000 rubles);
  • it is not profitable for a mother to go on vacation, because she is the main breadwinner in the family;
  • the mother is a full-time student at a university or college;
  • the mother is disabled, deceased or deprived of parental rights;
  • Grandma wants to help her daughter recover from childbirth.

At the same time, a pensioner does not have to leave work at all: he can continue to work on a part-time basis, or . This will allow you to receive both salary and benefits at the same time.


The pensioner retains her workplace until the moment she leaves her vacation. According to the law, during this time period, she will not be able to be fired or reduced. (both general and continuous).

Should a working pensioner work 2 weeks with a reduction?

Maternity leave should not be confused with maternity leave. Only the pregnant woman herself can go on maternity leave, so it is provided in connection with the upcoming birth and is issued on recent months pregnancy. Thus, a pensioner is entitled to maternity leave only in one case: if she becomes pregnant and gives birth to her child.

According to the law, both mother and grandmother can take care of a newborn at the same time. At the same time, only one of them relies on child support. If the mother already receives the allowance due to her, then the grandmother does not have the right to leave work on vacation.

The amount of the benefit directly depends on the pensioner's earnings for 2 years. recent years. It is calculated in the amount of 40% of the average monthly earnings. Legislatively established the lower and upper bar for the allowance.

The minimum amount of payments is due to those pensioners whose earnings for 2 years turned out to be below the minimum wage. Only salary is included in the calculation, pension is not taken into account. In 2016, the minimum guaranteed benefit amounted to 2,908.62 rubles. (5,817.24 rubles - for the second child).


If the mother is deprived of parental rights, then the grandmother is entitled to the maximum allowance in the amount of 11,634.50 rubles. The maximum allowance in 2016 is 21,554.82 rubles. It is determined taking into account the maximum earnings from which deductions are made to the FSS.

If the vacation is extended to 3 years, the amount of the federal allowance will be only 50 rubles. This amount has not been indexed for many years. At the same time, an increased allowance for certain categories of citizens may be offered at the regional level.

A pensioner has the right to go on leave to care for his grandson, regardless of the basis on which he is retired: or. Many military retirees continue to work as civilians. For them, the procedure for issuing a vacation will be standard.


To apply for it, a pensioner must write a free-form application with a request for leave up to one and a half or up to 3 years (you can initially write up to 1.5 years and then extend). Attached to this application are:

  1. Birth certificate (grandchild or granddaughter).
  2. If this is not the first grandson or granddaughter, then the birth certificate for the firstborn.
  3. Certificate from the work of the father / mother that they are not on vacation and do not receive payments.

If a pensioner has changed jobs over the past 2 years, then he must additionally provide a certificate from the previous place about his earnings.

If the parents are unemployed, a certificate must be obtained from the USZN at their place of residence, if they study full-time at the university - at the dean's office. Parents-entrepreneurs must first apply to the FSS for a certificate stating that they are not registered there, and then to the USZN (social security) authorities.

At any time before the child is 3 years old, the child's mother can seize the initiative from the grandmother and go on vacation instead of her.

It is worth considering that the allowance is assigned only after the end of the decree from the mother (it lasts a little over 2 months after birth).

Maternity leave is a difficult period. The baby always needs care, but not every mother has the ability or desire to stay at home for a long time. The reasons for going to work early are very diverse: just a lack of desire to stay at home or lack of money.

Therefore, every mother should understand that not only she has the opportunity to sit with the baby. Other members of the family can do the same. According to the law, you can apply for maternity leave for the grandmother or father of the baby.

Mostly mommy takes care of the baby. And this fact has already become familiar. However, the law gives the right to maternity leave to other relatives. Therefore, even the grandmother of the baby can use it. Of course, this refers to parental leave. Only the mother of the child can go on sick leave for pregnancy and childbirth.

For this grandmother procedure, the following conditions must be met:

  1. The parents of the baby do not use their right to this leave. To confirm, the relevant certificates must be provided.
  2. If the mother's leave is interrupted, then you need to take a document proving this fact.
  3. Grandmother must work officially.

Not everyone knows that by law, the mother of a child has the right to work at home or go to work part-time. Then it will be saved. This is usually practiced when the grandmother does not work officially, but takes care of the baby. Parents, in this case, get the opportunity to work and keep benefits for up to a year and a half.

How to apply in case of adoption



According to Art. 257 of the Labor Code approved the procedure for granting leave to adoptive parents. It provides for the secrecy of adoption. In many of these situations, people are unwilling to disclose information about the adoption to others.

Therefore, guardianship authorities have the opportunity to help in registration sick leave on pregnancy and childbirth at the request of the adoptive mother. Then her vacation will be based on such a sheet.

When a newborn is adopted, the adoptive mother is legally entitled to a sick leave for childbirth. It can be issued for seventy days from the date of birth of the baby. When two babies are adopted, it is issued for one hundred and ten days. Based on the sick leave certificate of the foster mother, the newborn will be paid an appropriate allowance.

How to re-register for a grandmother

Many mothers are interested in in what cases it is beneficial to issue a decree for a grandmother. This is usually done by parents whose income is significantly higher than the allowance. Or, when the mother does not work, which accordingly does not give her the right to issue such a vacation. Or maybe the grandmother already planned to quit her job to look after her grandson.

In this case, the benefit will only be additional support.

Some mothers sit with babies for up to six months, and then go to work. Here, the re-registration of leave from mother to grandmother is already required. Grandmother can arrange leave to care for her grandson quite easily at her place of work. To do this, you need to create a certain package of documentation and submit it to the accounting department.

What documents are needed to issue a decree

To go on such a vacation, the grandmother must provide the following documentation to the accounting department of her place of work:

  • Certificate confirming the birth of a grandson
  • Documentation proving the relationship between the grandmother and the child
  • Papers saying that mother and father: work, study or happen
  • Documentary evidence that the grandmother will take care of the grandson


If both parents do not work and are not in training, you need to take a certificate from social security, stating that there are no benefits paid.

If the grandmother has changed employers in the previous two years, a certificate of income in a special form must be brought from the previous places. Since for the calculation of benefits is taken wage paid for a period of two years of work. Benefits will be calculated based on this.

All of these are provided to the grandmother's employer.

Features of payment for the elderly

When the child's grandmother is officially employed, she has the right to use leave to care for the baby until he reaches three years of age. Accordingly, she will be paid an allowance in the amount of forty percent of the average earnings for the two years preceding the year of her vacation.

When a grandmother is unemployed or on an old-age pension, she may receive such benefits in the following cases:

  • Parents are dead or missing
  • Mother and father lost parental rights
  • Both parents are incapacitated, respectively, cannot be engaged in the upbringing of the child
  • The negligent are in custody or in prison
  • Mother and father shy away from the responsibility of raising their children

Only in the above situations, a pensioner or unemployed grandmother is entitled to receive benefits for up to a year and a half through social protection. To do this, in addition to the basic documentation, she will need to bring a paper confirming the fact of the right to benefits. And also write a corresponding application to social security.

So, the mother, father, grandmother, adoptive parent have the right to use parental leave. To do this, you need to collect a certain package of documentation and provide it to the employer, in some cases to social protection.

About the decree for the grandmother on the video:

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  • Who can go on maternity leave instead of mother
  • Features of the design of the decree for the grandmother
  • Re-registration of maternity leave for grandmother
  • If mom works part time
  • Important points for taking maternity leave

Every pregnant woman is entitled to parental leave, but can a grandmother go on maternity leave instead of her mother if she cannot do this for any reason? To do this, you must submit the required package of documents at the place of work. Documents are required to confirm pregnancy and the birth of a baby.

Who can go on maternity leave instead of mother

Pregnancy is a bright and wonderful period filled with wonderful moments, but today many women are trying to delay the time of becoming a mother in order to move forward. career ladder. After the birth of the baby, the mother needs to quit work for a while and go on parental leave. For many, the loss of additional income is a serious blow to the family budget.

In some countries of the world, the issue of the decree has long been resolved: instead of a newly-made mother, other family members, a husband or grandmother, go into it. European families practice vacation sharing between parents or mother and grandmother. That is, care responsibilities will be equally divided. For example, in Germany, the government provides a financial opportunity for grandparents to sit with a child while he is on the waiting list for admission to kindergarten.

There are countries, including Russia, where any family member who actually cares for the baby can go on maternity leave to care for the baby. This person may also be the legal guardian of the child.

The family must weigh the pros and cons and choose a candidate for the decree. In our country, most often a grandmother goes on maternity leave and takes on the responsibility of caring for a child. It is important that she submits all the necessary documentation to the employer for maternity leave. In turn, the mother is obliged to provide a certificate confirming that she did not take parental leave until 1.5 or 3 years old. In addition, you need to provide a certificate stating that the mother went to work ahead of schedule and is not the recipient of cash payments for the baby at the place of registration.

It is necessary to pay attention to the fact that the time during which the grandmother will be on maternity leave will be included in her total work experience. This is true for contributions to the pension fund.

In other words, the grandmother must work officially according to the work book. Therefore, it is important that the data in pension fund that she receives maternity benefits for the baby. They may have been listed through the social security service. These points are important to know for anyone who is on parental leave up to 1.5 years.

AT modern life the younger generation has to hold on to a good and well-paid job, therefore, if desired, maternity leave for a grandmother will be the best solution.

Mom should also support this decision of the family and entrust caregiving responsibilities to the older generation, in return continuing to move up the career ladder and bringing home a significant part of the income.

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Features of the design of the decree for the grandmother

You can apply for parental leave for a grandmother from any side (mom, dad) in accordance with the Labor Code of the Russian Federation, Art. 256. It states that any member of the family can be on parental leave.

After writing the appropriate application at the place of work of the grandmother, her employer is not entitled to refuse this wish to impose responsibilities in raising the child (dismissal on this fact is unacceptable and may be resolved in the direction of the applicant in court proceedings).

You don’t have to worry about seniority and qualifications - they remain until the moment you leave the decree.

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Re-registration of maternity leave for grandmother

A situation may arise when the mother goes on maternity leave, but in the future there is an acute reason to go to work ahead of schedule. This cannot be insured. One or the second grandmother of the baby will be able to help out the newly-made mother.

Ways out of the situation:

Grandma's official device. In this case, an allowance for caring for a baby up to one and a half years old is issued, which is paid by social protection. The amount of payments is 40% of earnings per month (average coefficient).

Grandmother is retired or works unofficially. The allowance will be paid in cases where the parents:

  • gone;
  • disabled people;
  • deprived of the right to a child;
  • convicts;
  • have no desire to raise a child.

For the second option, the grandmother must provide a package of documents to social protection that can confirm the situation. Next, an account is opened for the transfer of benefits.

The state encourages the decision of the grandmother to go on maternity leave.

In families in which they decided to assign the responsibility for caring for a child up to one and a half years to the grandmother, the package of documents includes:

  • a statement from the grandmother herself to the social assistance service;
  • certificate of the birth of the baby;
  • confirmation in writing that the parents or guardians of the baby are not on maternity leave and continue to work successfully.

Thus, for the monthly material assistance established by law, it is mandatory to provide documents.

A grandmother on maternity leave is required to receive care payments every month until the child is one and a half years old.

A retired grandmother may be eligible for minimum benefit payments if the parents meet one of the items on the list above.