Will my husband be given sick leave while I’m in the maternity hospital? Question: How to get sick leave for childcare for your husband, see inside

Go to the hospital and go there, they will tell you and be sure to give your husband sick leave.

If you are on maternity leave, then you need to leave it and go on sick leave, and your husband should take maternity leave

You need to go to the clinic, they will give you sick leave to care for your child. This is prescribed by law, so they cannot refuse. SECTION 5. PROCEDURE FOR ISSUING A CERTIFICAT OF DISABILITY TO CARE FOR A SICK FAMILY MEMBER OR A HEALTHY CHILD UNDER 3 YEARS OLD 5.1. A certificate of incapacity for work for caring for a patient is issued by the attending physician to one of the family members (guardian) directly providing care. 5.2. A certificate of incapacity for work is issued for care: 5.2.1. For an adult family member and a sick teenager over 15 years of age receiving treatment in an outpatient setting for up to 3 days, by decision of the clinical expert commission - up to 7 days. 5.2.2. For a child under 7 years of age during outpatient treatment for the entire period of an acute illness or until remission occurs during an exacerbation of a chronic disease; for a child over 7 years old - for up to 15 days, unless a medical report requires a longer period. 5.2.3. For a child under 7 years of age during inpatient treatment for the entire period of treatment, over 7 years of age - after the conclusion of a clinical expert commission on the need for care. 5.2.4. For children under 15 years of age infected with the immunodeficiency virus, suffering from severe blood diseases, malignant neoplasms, burns - for the entire period of hospital stay. 5.2.5. In case of illness of a mother who is on leave to care for a child under 3 years of age, a certificate of incapacity for work is issued to the person actually caring for the child, by the institution where the mother is being treated, for a period of up to 5 days, by decision of the clinical expert commission - up to 10 days, and in exceptional cases - for a period during which she cannot provide care, but not more than 70 days. 5.2.6. For a child living in a resettlement zone and a residence zone with the right to resettlement, evacuated and resettled from exclusion zones, resettlement, residence with the right to resettlement, including those who were in a state of intrauterine development on the day of evacuation, as well as for children of the first and subsequent generations of citizens mentioned in paragraph 4.4. of this instruction, those born after radiation exposure of one of the parents for the entire duration of the illness (including the time spent with him in a sanatorium-resort institution). 5.3. If two or more people become ill at the same time, one certificate of incapacity for work is issued to care for them. 5.4. If two children become ill at the same time, a certificate of incapacity for work to care for another child is issued after the first document is closed, without counting the days that coincide with the days of release from work on the first certificate of incapacity for work. 5.5. If a child falls ill during a period that does not require the mother to be released from work (regular or additional leave, maternity leave, leave without pay, weekends or holidays etc.), a certificate of incapacity for work for caregiving is issued from the day when she must begin work, without taking into account the days from the onset of the child’s illness. 5.6. Certificates of incapacity for work are not issued for care: 5.6.1. For chronic patients during remission. 5.6.2. During regular leave and leave without pay. 5.6.3. During maternity leave. 5.6.4. During the period of partially paid parental leave. 5.6.5. For a disabled person of group 1.

You will take your sick leave, and he will take his, to care for the child... to the children's clinic, probably. but it's definitely possible.

If you work and have taken maternity leave, then you must go to work, register your leave and then take sick leave from that day on, and your husband can take parental leave at work during the period of sick leave. Then, after the hospital, you’ll turn in your sick leave and take vacation again. Health to you!

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Will my husband be given sick leave while I’m in the maternity hospital?

Share your experience, please. This is the problem. The eldest daughter is almost 2 years old. We don't go to kindergarten. The second birth is coming soon. My husband wanted to take leave during the birth, but due to specific circumstances he was not allowed to go. There is no one to sit with the child, because... all my relatives and my husband’s live 2500 km from us. Is it possible to provide my husband with sick leave for the first child while I am in the maternity hospital? And if possible, where to apply for this sick leave, in our clinic, or in the maternity hospital. If anyone has had a similar situation, please advise what to do. Thanks in advance, everyone will answer!

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By law, a husband cannot be denied leave while his wife is on maternity leave.
Article 123. The order of granting annual paid leave The order of granting paid leave is determined annually in accordance with the leave schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for adoption local regulations. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation by signature no later than two weeks before it starts .Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.
You can either try to negotiate peacefully with the employer, or contact the State Labor Inspectorate. Or taking sick leave is not entirely official. No one will officially provide it to you in this case.
By the way, also, up to 5 days while the wife is in the maternity hospital, at the request of the husband, they are required to provide unpaid leave.

The father will be able to exercise his right to paid parental leave only if the child’s mother interrupts such leave.

In accordance with Art. 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted leave to care for a child until he reaches the age of three years. Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.
Only one person can be on parental leave at a time. This follows from paragraph 50 and paragraph 51 of the Regulations, according to which the basis for the appointment and payment of monthly child care benefits is the employer’s decision to grant parental leave, for which, along with other documents, a certificate from the place of work must be submitted (study, service) of the child’s mother (father, both parents) that she (he, they) does not use the specified leave and does not receive benefits.
The Constitutional Court of the Russian Federation came to a similar conclusion in its Resolution No. 3-P dated February 6, 2009, in which it recognized that, based on the established practice of applying legal requirements for the provision of parental leave and the payment of benefits in connection with the provision of such leave At the moment, the father of a child whose mother is on parental leave, but has fallen ill and cannot therefore care for the child, will not be able to exercise his right to parental leave if the child’s mother has not interrupted such leave.
Earlier, attention was also drawn to this in the order of the Ministry of Health and Social Development of Russia and the Social Insurance Fund of the Russian Federation dated December 22, 2008 N 749n/286 “On approval of the clarification on the procedure for assigning and paying a monthly child care benefit in the event of a mother’s illness for the period when she cannot provide care for a child or another family member" (hereinafter referred to as Order No. 749n/286).
Thus, an ill mother (or a mother who is in a family situation) who is on maternity leave must:
- contact your employer with a request to terminate your vacation;
- on the basis of this application, an appropriate order to terminate the vacation must be issued;
- the mother of the child must be issued a certificate confirming the fact of termination of leave.
As explained in Order No. 749n/286, if for health reasons or other reasons a woman cannot submit this application in person, it can be accepted from another family member upon presentation of a copy of an identity document.
In order to apply for parental leave and exercise his right to receive benefits, the child’s father must provide the following documents at his place of work:
- application for parental leave;
- application for granting benefits;
- a copy of the birth certificate of the child who will be cared for;
- a certificate from the place of work of the child’s mother stating that she does not use the specified leave and does not receive benefits (Article 256 of the Labor Code of the Russian Federation, clause 50 of the Regulations).
Note:
While on parental leave, the father of this child can work part-time or at home while maintaining the right to receive state social insurance benefits (part three of Article 256 of the Labor Code of the Russian Federation, part two of Article 13 of Law No. 81- Federal Law).

Firstly, you can take work leave or part of it during your wife’s birth.
Secondly, as the National Insurance Service explains, “the father of a child has the right to replace his spouse during the period of child care and receive payment for postnatal leave. The total length of maternity leave to which they are both entitled cannot be greater than the period of leave that the mother would have received if her husband had not replaced her.
The child's father has the right to replace his spouse if he and his spouse have worked and accumulated sufficient insurance coverage to cover 14 weeks of maternity leave and if the child's mother agrees to have her spouse replace her. The father of a child may replace his wife after she has been on maternity leave for six consecutive weeks if his leave is at least 21 days long.”

Father's right to receive maternity leave provided for in Article 6 of the Women's Labor Law.

I rolled this up from here.

May 20 2008, 07:40 PM

Hello.
A situation has arisen that while I am on maternity leave, I am forced to go to the hospital. My husband remains at home with the child. Accordingly, this period that he is at home and not at work needs to be formalized somehow.
Tell me how?
I found out at the hospital, they said they could only give me a certificate that I was being treated by them at that time.
Where to go with this certificate?
Does my husband need to take out sick leave or how to do all this?

May 20 2008, 09:15 PM

Well, the easiest way, but it involves a loss of money, is to take a vacation without pay. They will have to give it to dad! Or just another one. But in order for money to flow at work and to stay at home with the children, you need to look at the legislative framework. I won’t tell you right away, I’ll look for the regulations tomorrow.

May 20 2008, 09:44 PM

The fact of the matter is that dad is the only breadwinner, if without support we won’t be able to live on what to live on... we don’t want another one either (although of course we are considering it as an option...) It’s just that this case can probably be settled somehow by law...
I will be very grateful if you look

May 21 2008, 09:35 AM

Unfortunately, parental leave up to 1.5 years is provided only to one of the parents. You took advantage of this right. Therefore, dad can no longer arrange such a vacation. He can stay at home with the child only either on regular leave or without pay. Alas! Maybe you should think about a nanny for this period? Perhaps it will be less costly for the family. And let dad work as before.

Jun 5 2008, 04:55 PM

The answer received from the doctor at the maternity hospital:
If you are admitted to a hospital, then, provided that the child is less than 3 years old, in the hospital at your request draw up sick leave to my husband during your hospital stay.
To do this, you need to give the doctors the child’s birth certificate and your husband’s passport + indicate his place of work.
Good luck!

Knowledge is power.

Jul 1 2008, 08:35 PM

Jul 2 2008, 01:15 AM

Jul 2 2008, 10:26 AM

Jul 2 2008, 11:47 AM

Well, what can you say... I don’t think that this was such an exception especially for me. Mom says that at our enterprise (more than 3 thousand people), grandmothers often come in sick and sit with their grandchildren while their daughters are being treated.
You need to ask your lawyers and accountants. Or ask a lawyer here on the form. Because there are definitely precedents, and my case is no exception!!!

Jul 2 2008, 04:21 PM

http://www.portalik.biz/news/24429.html

Jul 2 2008, 04:31 PM

We have a similar situation. I don’t threaten to go to the hospital, because... My husband works and there is no one to leave the baby with, I can’t trust someone else’s aunt with him yet, and my husband works in shifts - often at night.

The hospital said that they couldn’t help, either take a leave of absence, or somehow negotiate with the authorities, saying that these are our problems.

Please clarify what you are referring to in your statements? Is this legal? Because according to the law, since I am on maternity leave (up to 3 years old) and receive benefits, no one will just give my husband sick leave...

On personal experience- when she was in confinement, and her husband was caring for the child, the doctor in the hospital (she was with her second pregnancy) herself said - does your husband need sick leave? Let him bring his position/place of work and his passport, and the child’s birth certificate (that the child is under 3 years old) - and then instead of my sick leave, they will issue a sick leave for him (or another relative who was caring for the child) for those days. (I’m also on maternity leave for up to 3 years)

I didn’t do that, because my husband was released from work normally, without any damage to his salary. But the fact that it was not the “aunt from the street” who told me this, but a doctor in the hospital, probably indicates something?

My husband definitely has such a right to sick leave. It’s a pity, I found out about this after the hospital, so a year ago my husband stopped caring for his entire vacation with his daughter.

Jul 2 2008, 05:35 PM

The question is controversial.

New rules for issuing sick leave

The Ministry of Health signed a law with new rules for issuing sick leave, which come into force on November 28, 2007. When issuing a sick leave certificate, the date and time of its discharge will be indicated, accurate to the minute.

It was also prohibited to issue sick leave to care for a healthy child under 1.5 years of age.

For example, if a mother on maternity leave falls ill, her husband will not be given a sick leave to care for the child - the parents will have to take leave at their own expense or hire a nurse to look after the child.