In the leave to care for the child usually leaves the mother of the baby, since the actual care of it is carried out by her. But under certain family circumstances, a situation arises when the mother of the child does not have the opportunity to go on maternity leave. In this case, the family council decides who will take care of the child, for example, the grandmother. Then there are questions, whether the grandmother is to be dismissed from work, on what terms can she be on leave to care for her grandchild or grandchild?
So, according to the 13th article of the Federal Law "On State Benefits for Citizens Who Have Children", native fathers, guardians, other relatives who take care of the baby are provided with state social insurance. The listed categories have the equal right to receive a monthly allowance, as well as the mother, for the period of the child's care after reaching the age of one and a half years. Please note that the monthly allowance to the father, mother, guardian, other relative is charged at the place of work. According to the current legislation, there are no formal differences between the person actually caring for the child and the mother. The right to remain on leave for the care of a child, except the mother, can be the father of the baby, and another relative. This possibility is voiced in the Labor Code.
According to the law (article 256 of the TCRF), which describes the procedure for granting parental leave leave to the employee, in full or in part they can be used by the father, grandmother, grandfather, guardian and other relatives of the child who are actually caring for the baby. In this situation, when granting such leave to another person, the employer should not have any question or doubt about why the child can not be taken care of by the mother, whether she will continue to study, take up military service or work under a contract. She can dispose of this period of time on her own.
A leave granted for the care of a child that lasts until the age of three years of the baby begins on the date following the end of the maternity leave and maternity leave. If after the birth the mother can not take leave to care for the child, the law provides for the possibility to use it to another person, which is feasible at any time after the birth of the baby. This situation is envisaged in cases where the child is actually taken care of by the father or other relative. Use this holiday is possible only on an application principle. The right to leave for the care of the baby is realized by the grandmother only after her treatment with a written application to her employer. In addition to the application, the list of necessary documents includes:
- a birth certificate for a baby, which requires care for up to a year and a half;
- a certificate from the employer's office or the parents' parents that confirms that they are not on leave for the care of the baby and do not receive a monthly allowance;
- documents about a kinship with a child who requires care.
In this case, the grandmother can work, despite the fact that he is in such a vacation. Legislation also provides for the right to work, but with some restrictions: under conditions of underemployment or at home. In these cases, the grandmother retains the right to receive benefits (monthly) on the basis of state social insurance. This type of vacation can be interrupted, and the grandmother has the right to interrupt him at any time convenient for her and to go to work in his previous position. In the event that the employer refuses to grant the grandmother the same post on which she was before the leave, it is recommended to apply to the court, which will reinstate her at work.
It should also be noted that a vacation intended for the care of a child is necessarily included in the length of service. The employer counts this period in the general and uninterrupted length of service. In addition, leave to care for a child is included in the length of service in the specialty, except for early retirement pensions.