Often there is a situation when a mother, almost immediately after giving birth, for one reason or another, seeks to quickly go to work or return to study at a university.

Grandma's vacation

The reasons can be very diverse: from a difficult financial situation in the family or fear of losing a job, to a simple unwillingness to interrupt work experience.

In such situations, a simple and very convenient solution would be to arrange parental leave for the grandmother. This opportunity regulated Labor Code. At present, this practice is not very common, but, as a rule, maternity leave for a grandmother can be issued, moreover, quite quickly.

What are the features of the design of such a decree and the main nuances of this procedure?

Legal aspects

According to legislative acts Russian Federation it follows that any able-bodied member of the family can take care of a newborn child, and it does not matter whether he is one of the parents of the baby. This means that it is also normal that the grandmother arranges parental leave.

First you need to collect the documents necessary for issuing a decree, and then draw up an application at work.

It is important that after collecting all the necessary documentation, you can apply for a decree 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 in part. For example, the first year is issued to the mother of the child, and the next six months - to the grandmother, or at any other time intervals convenient for each particular family.

How do I arrange parental leave for my grandmother?

Decree for grandmother: conditions

The main conditions for the possibility of registration are that both parents of the child must study full-time or have an official place of work; the grandmother must also be employed (even if she is already of retirement age). The employer will pay a child benefit (and it does not matter what form of ownership of the company), since such a situation is provided for by the Labor Code of the Russian Federation.

Also, maternity leave is taken into account in the length of service, therefore, deductions to Pension Fund will be paid in full. And after three years, the enterprise is obliged to provide the employee who has left the decree with a place of work (the opposite is possible only in the event of the liquidation of the enterprise).

As you can see, it's enough to just leave your grandmother on parental leave.

Peculiarities

Being disabled, she can also receive benefits, but only if:

• the parents of the child, for health reasons, cannot support him and have a certificate from a medical institution certifying this;
• are imprisoned or missing;
• were deprived of parental rights by a court decision;
• do not take care of the child for other personal reasons.

It should be borne in mind that a non-working grandmother can only count on small payments, for which you need to contact the social. organs.

If the employer refuses the grandmother to issue a decree for a child whose mother works, it is necessary to go to court, since the refusal or dismissal of the employee in connection with this is unlawful.

Here's how to get grandma's parental leave.

The documents

For leave to care for a small child, a sufficiently voluminous package of documents will be required, after which the grandmother will be able to look after the baby legally and receive payments and benefits for this in full. You must provide the following package of papers:

• passport of a citizen of the Russian Federation;
• work book;
• a certificate from the work of parents or the university where the training takes place; a certificate from a medical institution (if it is necessary to confirm a health condition that prevents childcare);
• birth certificate;
• statement of total family income;
• a certificate of kinship between the grandmother and one of the parents of the child;
• a certificate of the absence of payments and benefits for the child, issued by the parents (issued by the social protection authorities);
• application of the established form on behalf of the grandmother for maternity leave for her (it is necessary to indicate the duration of the maternity leave);
• application for benefits (paid 1.5 g).

It must be understood that if the mother does not have a certificate from the place of work, they will not issue parental leave to the grandmother. Documents must be submitted in full.

Ability to work from home

Often, looking after a child, both mothers and grandmothers are looking for sources of additional income.

The law does not prohibit continuing labor activity while on maternity leave. It can be either work from home or flexible working hours.

Let's look at a few possible options that will allow you to receive benefits and have additional income. Parental leave is not a hindrance for a working grandmother.

While on maternity leave, she can take part of the work from the enterprise to her home. In this case, the amount of the allowance will be saved, and you can receive part of the salary.

Similarly, the mother of a child can apply for a job at half the rate and receive appropriate payment. You can also do it if she is trained in the first half of the day, and the second - works.

AT similar cases it is just necessary to agree on all the terms of payment and work schedule with the management of the company. For both mother and grandmother.

An interesting point is that the grandmother, who is on maternity leave, has the right to own initiative go to the previous place of work several times, before three years of age child.

What will grandma get? Maternity leave provides for certain payments.

This type of leave, of course, involves the calculation of benefits.

Calculation of child benefits and other payments

While on maternity leave, you can receive various benefits. For their registration it is necessary to make an application to the director of the company.

If the grandmother works part-time in several companies, then the accrued benefits will be paid at the main job, but they are calculated based on the average earnings for all registered jobs. That is, it is necessary to take 2-NDFL certificates from all places of work and provide them at the main job.

But you can arrange leave to care for a child for a pensioner grandmother.

Due to the crisis in the country, since 2016, benefits for grandmothers on maternity leave have been underestimated and the following should be taken into account when applying for them:

• Caring for the baby until he reaches one year and a half, the grandmother will receive monthly payments amounting to 40% of her salary at the place of work. Calculated from the average income for the last 24 months.
• The minimum level of payments is 2,900 rubles. for the first child and 5,900 rubles. for the second child. The maximum you can count on is 13,000 rubles.
• The average amount of payments on maternity leave (the age of the child is from one and a half to three years old) is only 150 rubles. The amount is small.
• The child's mother may also qualify for additional child support if she is a full-time student. But it is more convenient for the grandmother to go on parental leave.

Future reforms

On the this moment the Government of the Russian Federation is considering the issue of paid leave also for a period of one and a half to three years. Since payments in the amount of up to 150 rubles are obviously insufficient, and for this reason many simply do not issue them. But if you wish, you can issue them, but you will have to do this twice - the first time when issuing a decree from 0 to 1.5 years, the second time - from 1.5 to 3 years. Moreover, applications must be made in duplicate. The first is stored at the main place of work, the second - at the designer. Payments will begin to arrive after the issuance of an order at the place of work.

If the employer delays the signing of this order for a long time, it is worth contacting the labor inspectorate, since such actions are a direct violation of the law. Making a parental leave for a grandmother is quite simple. But only if the relatives cannot take care of the child on their own for any reason provided by law. Then she will receive benefits, even if several relatives look after the baby.

Nuances of the decree for the care of an adopted child

Currently, there are quite common cases when a young couple, for one reason or another, takes such a step as adopting a child from orphanage. In this situation, both adoptive parents directly and close relatives can go on parental leave (regulated by Article No. 257 of the Labor Code).

First you need to get a certificate of incapacity from the board of guardians. In most cases, guardians do not consider it appropriate to disclose adoption data. And if at the place of work the grandmothers refuse to issue maternity leave because of the “unknown origin” of the grandson or granddaughter, then you can go to court to resolve the situation. After all, grandmother takes parental leave, and this is quite legal. The court will definitely take the side of the family. So there is no need to be afraid of controversy.

How can I reschedule this vacation?

Within three years, maternity leave can be reissued several times for different family members. The renewal process is quite fast.

As a rule, the mother of the child goes on maternity leave, while the father works. However, the material needs of the family can change and increase, after which the mother of the baby may decide to go to work. The solution is simple - you can reissue the decree for the grandmother of the child.

AT this case the mother needs to obtain a certificate on the termination of child benefit payments, and after that, the grandmother should apply to her management with an application for reissuing the decree.

When several children appear in the family at the same time, then several people can look after them. The only thing is that for one child there should not be more than one person caring for him and, accordingly, receiving payments. This means that in a family where twins appeared, both mother and grandmother can receive payments. To draw up such a decree, one person needs to make a certificate stating which particular child he is caring for, and the second, respectively, will receive payments for the second child.

Conclusion

Summing up, I would like to note the following facts: of course, not only his mother, but also any other close relatives can go on maternity leave and look after the baby. Often, young people choose to provide parental leave to their grandmother in a difficult financial situation, or when the amount of payments and benefits is disproportionately less than income at the place of work.

This problem is most acute if the mother of the child has an unofficial job and, accordingly, an unofficial income, and she can also study at the full-time department of a university. Undoubtedly, it is important to spend more time with your child, but sometimes life makes its own adjustments, and the mother has to return to work early. It's nice that the state allows the grandmother to take care of the baby, thereby helping her children.

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, then social payment child care is required 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 of social benefits 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 the mother does not work, then they will refuse to apply for maternity leave for the grandmother, since 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 amount of the benefit is 40% of the average wages 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

It is important to note that adoptive parents have the same right to state social payments and services as the parents of their own child, including.

In addition, the granting of leave during the adoption process helps to save the secret of adoption in accordance with the approved procedure. As is often the case, adoptive parents may decide not to reveal this secret to others and the child. For this reason, the guardianship and guardianship authorities, at the request of the adoptive mother, can assist in obtaining a certificate of incapacity for work (the same as that issued to puerperas) in order to apply on its basis not for leave to care for an adopted child, but for.

This is allowed by the Labor Code at the request of a woman for the period from the day she adopts a child and until he reaches the age of 70 calendar days (110 when adopting two or more children), if adopted newborn.

It should also be noted that in this case the new mother of the baby is also entitled to, the payment of which will be made for the entire period of the issued maternity leave.

Registration of maternity leave for grandmother

Working according to the official employment contract grandmother has the right to go on maternity leave until the age of 3 years. In her name, a monthly social payment can also be issued in the form of, paid from social insurance contributions in proportion (in the amount of 40%) to the average earnings.

If grandmother does not work or is an old-age pensioner, then she can take care of the child and the entitlements only if the mother and / or father of the child:

• declared dead or missing;
• limited in parental rights or deprived of them;
• are incapacitated (with limited capacity) or for health reasons cannot personally raise and support a child;
• are serving sentences in places of deprivation of liberty or are being held in custody as suspects;
• refrain from raising children.

In these cases, registration and payment monthly allowance up to 1.5 years in the minimum amount in the Departments of Social Protection of the Population (USZN) at the place of residence.

Making a decree for the husband (father of the child)

In order to officially register the father of the baby and the husband of his mother, you need to collect and submit the following documents to the employer:

• a statement written in any form;
• baby's birth certificate (copy);
• a certificate confirming that the mother did not go on maternity leave at her place of work and does not claim benefits (or a document that confirms the mother's unemployment).

It must be remembered that registration of maternity payments for the father of the child instead of the mother is possible only if he is granted parental leave.

After that, the father has the right, at his own request, to switch to part-time employment and continue to work at his former place, while on maternity leave. This can be beneficial if the mother is unemployed and needs to apply for benefits for her husband, who has a high official salary. At the same time, the father is subject to the rule on the impossibility of terminating labor relations with him during the period under review at the initiative of the employer.

Child care by grandmother while mother continues to work part-time

It is important to know that while on parental leave, the mother, as well as other relatives or guardians, have the right to work at home or on a part-time basis. At the same time, they cannot be deprived of the right to receive payments from the Social Insurance Fund (FSS) at the place of work.

Often, in practice, such a scheme is used in cases where the non-working grandmother of the child on the father's or mother's side takes the actual care of the child at home, and the parents (or one of them) continue to work while retaining the right to, set at 40% of average earnings.

Conclusion

Thus, all members of the family of the born child, as well as guardians and adoptive parents, can take care of the baby and go on maternity leave up to 3 years. To do this, it is necessary to provide an appropriate application to the employer or to the department of social protection of the population, as well as certificates from the places of work of the parents or another adoptive parent stating that they did not go on maternity leave and did not apply for payments.

Advice from an Expert - Job and Career Consultant

Related photo

Often there are situations when a newborn child cannot be looked after by mom or dad because it is impossible to leave work even for a while. In this case, paid maternity leave to care for a child up to one and a half years and unpaid leave to care for up to three years can be issued by a grandmother or other close relative (Article 256 of the Labor Code of the Russian Federation, Article 15 the federal law No. 81-F3). Just follow these simple step by step advice and you will be on the right track in your work and career.

What you need to have- statement;
- birth certificate;
- a certificate from the place of work of the parents;
- medical certificate (if parents are ill);
- certificate of income from all places of work.

Quick step by step guide

So, let's get down to action, tuning in to a positive result.

Step - 1
To apply for parental leave for a grandmother, contact the employer with a statement. Indicate the start and end dates of the vacation, bring a certificate from the place of work of the child's parents that they do not use this species holidays, birth certificate. If the mother of the child is ill and therefore cannot use parental leave, present a medical certificate. Having done this, we move on to the next steps.

Step - 2
If you plan to use unpaid parental leave up to the age of three, you will need a separate application. If the mother or father of the child has already started using the vacation, but is forced to interrupt it, then you can contact the employer at any time and write a statement about the need to take care of a small child. Having done this, we move on to the next steps.

Step - 3
In accordance with the law, the employer does not have the right to refuse you, regardless of the form of ownership of your enterprise. Having done this, we move on to the next steps.

Step - 4
Parental leave is paid at the rate of 40% of the average earnings for 24 months. If the grandmother works for several employers, an application for leave must be written at all enterprises. The allowance can be received at the main place of work, but it is calculated on the basis of all income for 24 months, therefore, to calculate it, receive a certificate of income form 2-NDFL from all places of work and present it to the accounting department at the main place of work. Having done this, we move on to the next steps.

Step - 5
The minimum allowance is 2,194.33 rubles for one child and 4,388.67 rubles for the care of a second or two children. The maximum benefit amount is 13,833.33 rubles. Having done this, we move on to the next steps.

Step - 6
Child care allowance up to three years of age is not paid, but a bill to extend paid leave is under consideration. Having done this, we move on to the next steps.

Step - 7
If the employer refuses to provide you with parental leave, you can contact the labor inspectorate or the labor office, since the refusal is a direct violation of Russian law and this is done by the authorized bodies.
We hope the answer to the question - How to arrange maternity leave for your grandmother - contained useful information for you. Good luck in your work and career! To find the answer to your question, use the form -

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 in the last 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).