How can a man go on maternity leave

Is it possible?

Yes, a husband can go on maternity leave instead of his wife.

Some consider that officially the decree is a short leave for a woman for 70 days before childbirth and 70 days after. In fact, the laws do not mention the word "decree" at all, and there are only two leaves: for pregnancy and childcare. Only the mother can go to the first, and the husband, any relative or legal guardian can go to the second.

In this article, we will consider the parental leave available to the husband as a decree.

Why would a man ever go on maternity leave?

There are situations in which it is more profitable to issue a decree not for the wife, but for the husband:

The wife earns more. When a person goes on maternity leave, he is paid 40% of the average salary over the past two years. If the wife receives more, her 60% loss will be more noticeable, so it is more profitable for her to stay at work, and for her husband to go on maternity leave.
At work, the husband is threatened with dismissal or salary cut. In this case, it is better to keep a stable 40% of your salary than to lose money completely. And if a good job turns up, the decree can be terminated or reissued to the mother.
The wife earns the same as the husband, but works for less than six months. In this case, she will receive a decree not on the basis of average income, but on the basis of the minimum wage. In 2019, it is equal to 11,280 rubles, which is 4,512 rubles in maternity leave per month. By the way, payments for the second child are higher - at least 6,284 rubles per month. With the same salary, a husband who has worked for at least six months will receive more money based on the average income.
The wife does not work, and the husband, after going on maternity leave, plans to earn money or work part-time. Then mom will look after the child, and dad will receive 40% of income plus money for part-time work.

What is needed for this?

There are two key conditions for the husband's departure on maternity leave:

The wife's maternity leave has already ended - 70 days have passed since the birth of the child. If twins or triplets were born, 110 days should pass, if the birth was difficult - 86 days. These days, the mother gets paid for sick leave, and the father remains at work.
None of the relatives have taken maternity leave or receive social security benefits if they are unemployed. There is an exception to this rule: if the mother is on maternity leave with the first child and the second is born, the husband can also issue a decree. Or if twins are born, you can go on vacation together: assign mom to one child, and dad to another.

The leave can be taken in turns, for example, the first year for the wife, then six months for the husband. The husband may be unemployed or an individual entrepreneur - in this case, he will receive 6,284 rubles a month not from the employer, but from the state.

If a man works in several jobs, you can only go on maternity leave with one. Better to do it where the pay is higher.

What documents are required?

Must be attributed to the employer:

Application for parental leave.
A copy of the birth certificate.
A certificate from the mother's work stating that she does not use parental leave for this particular child.
If the mother is unemployed - a certificate from social security that she is not paid benefits for this child.
If a man has been working at his job for less than two years - a certificate of income from the previous place of work to calculate the amount of maternity.

Is it possible to sit on maternity leave and work?

The law does not prohibit earning money during maternity leave. You can do a one-time job under a civil law contract, work from home or get a part-time job, and even to the employer from whom you took a vacation. The main condition is officially not to work more than 40 hours a week under the contract. If the working time is not fixed, you can take on as much work as you like.

If the wife does not work, and the husband is sure that he will find a part-time job, such a scheme is very convenient. As a result, the income will be 40% of the average earnings plus money for part-time jobs, and during part-time jobs the mother will be able to sit with the child. This is more profitable than issuing a maternity leave to your wife and receiving only 4 512 rubles a month.