Single mother's leave: additional leave and annual leave until age 14

To exercise the right to receive unpaid leave due to having many children, an employee must submit a corresponding application to the employee who maintains personnel records for the employer. Leave must be granted in the current year. It is not permitted to carry over such leave to the next year.

A parent with many children has the right to take leave separately, in parts or by adding it to the annual vacation.

Important! If the employer agrees to provide additional days of rest, he issues an order according to which the employee is considered to be on vacation. If, in addition, the vacation is paid, then the order contains information about the accrual of vacation pay.

Proof of the presence of children is documents of their birth or adoption. Copies of documents are placed in the employee’s personal file.

Not every woman with a dependent child and without a husband is a single mother. Official status and certificate that gives the right to

benefits can be obtained if:

  • the father is not listed on the birth certificate;
  • the child was born 300 or more days after the divorce;
  • if the woman independently registered the adoption of the baby;
  • in the case where paternity is challenged by a man in court.
  • The status is established on the basis of a certificate that will be issued by the registry office.
  • To confirm it, you must have a dash in the father column on the child’s birth certificate.
  • Single mothers can take additional unpaid time off at any time upon their written request.

At the same time, additional vacation does not have to coincide with the main one. A woman has the right to take these days at any time convenient for her.

To receive additional leave, you will need to write an application to the head of the organization. A single mother can take two weeks at her own expense only once a year, unless otherwise stated in the employment contract.

To receive additional rest time, you must provide a document confirming your right to the benefit.

It is a single mother's certificate (or a dash in the birth certificate), which can be obtained at the social security department on the basis of a certificate from the registry office where the birth certificate was received.

Additional paid leave for parents with many children

Vacation is one of the types of rest for an employee. It must be provided annually. Normal long-term leave is 28 days, including weekends and holidays. The law and local regulations of the employer may provide for extended vacations. For example, extended leave is provided to teachers, kindergarten teachers, and government employees.

The Labor Code of the Russian Federation does not provide for the provision of additional paid leave to parents with many children, that is, they have a standard rest of 28 days. The right to additional paid leave may, however, be provided for by a collective agreement in the organization.

Important! The employer may, on his own initiative, but is not obligated to provide days of additional rest and pay for them to employees who have the status of large families. He acts as financial and production capabilities allow.

This means that the paid leave provided for by the collective agreement for employees with many children is provided if the absence of such an employee from work during the leave period does not negatively affect the functioning of the organization.

The employer forms personnel, social and economic policies for himself and under his own responsibility.

He can direct funds to pay for vacations for people with many children, to provide them with material support, to organize leisure time for children from families of workers with many children, and so on.

But none of the clauses of the collective agreement that expand the rights of employees with many children are mandatory for the employer.

If a mother or father considered to have many children is not provided with additional paid leave, in addition to the regular paid leave, they do not have the right to demand it. The labor inspectorate and the court are on the employer’s side in this matter.

The criterion for having many children is not disclosed in the Labor Code; Article 263 mentions “two or more children”, but their parents are not called having many children.

The collective agreement of a particular employer may refer to persons with many children as having two, three, four, and so on children. The age of children is also determined by the collective agreement - 6, 8, 10, 14, 16, 18 years and even older.

Since labor law does not disclose this criterion, the employer discloses it at his own discretion.

Despite the fact that paid leave does not increase according to labor law, an employee with two or more children can receive leave without pay (at his own expense).

In this case, only children under 14 years of age are taken into account. If we are talking about a disabled child, then his parent gets the opportunity to go on vacation at his own expense until the disabled child turns 18 years old.

The duration of additional leave is 14 days.

We suggest you read: Signature in the work book upon dismissal

Article 263 of the Labor Code of the Russian Federation is devoted to this privilege. It provides the opportunity for additional rest for the employee, but does not oblige the employer to necessarily implement this opportunity.

An employee has the right to take advantage of additional days of rest if this is provided for in the employer’s collective agreement. This instruction is contained in the norm of the article itself.

Thus, labor legislation completely shifts the authority to organize rest for employees with family responsibilities to the employer, giving him freedom of action in this matter.

Important! Providing unpaid days of additional rest to those with many children is also the right, but not the obligation, of the employer.

If an employee demands to be released without pay for a period of up to two weeks, and the employer does not have such an opportunity, then the employee does not have the right to challenge the refusal. He can, of course, go to the labor inspectorate and court, but the decision of the authorities will clearly not be in his favor.

For parents with many children and simply for employees with children, the scheme for calculating vacation pay and its amount does not change and is standard:

  • The billing period is determined.
  • The payments included in the calculation of the average salary are determined.
  • The premiums taken into account when calculating are determined.
  • Average earnings per day are calculated.
  • Vacation pay is calculated and accrued.
  • The amount of vacation pay is credited to the account or paid in person.

The employee receives vacation pay three days or earlier before the start of the main or additional vacation. The date is determined by the vacation schedule, but if the schedule has changed and been adjusted, you should rely on the order that made the changes.

The employer pays a fine for late crediting of vacation pay, even if the employee requests urgent leave for some reason, and the documents for this are drawn up in less than three days.

Privileges.

For women raising a child on their own, the following benefits are provided:

  • registration of part-time work;
  • refusal of business trips or additional workload outside working hours;
  • employment on night shifts is permitted with written consent;
  • annual leave for single mothers up to 14 years of age.
  1. Part-time work is established either immediately upon signing the employment contract, or after the employee begins her duties. The fact that the employee works in this mode, in her
  2. documents (work book) is not indicated.
  3. Women raising children on their own may be required to work at night only with their written consent. At the same time, it is prohibited to use their labor at this time if their condition does not allow
  4. health.
  • gross violation of one's labor duties;
  • bankruptcy of an enterprise;
  • if the employee has been repeatedly subject to disciplinary sanctions.

An employee who is a single mother is granted an additional 14 days of leave each year.

This right is established by labor legislation, but must also be contained in a collective agreement or other document regulating the relationship between employees and the employer.

Legislative acts.

Benefits provided to a single mother are regulated by the Labor Code of the Russian Federation. If an employer violates a woman’s rights, he may be subject to

fined by regulatory authorities.

Single mothers are granted leave at their own expense for two weeks each year. This time is allowed to be added to the main paid leave. Days are counted excluding holidays and weekends.

If additional leave is not used during the year, it is not carried over to the next period. This time cannot be compensated in monetary terms.

Benefits for certain categories in the field of relations with the employer are prescribed in the Collective Agreement or agreement signed upon hiring.

What to do if the employer does not provide vacation.

Additional days of rest are provided to the employee subject to the following conditions:

  • she has the official status of a single mother;
  • this year the employee did not use the right to additional days of rest.

We suggest you read: Before helping the mother, you need to conclude an agreement

If both of these conditions are met, but the manager denies the employee to obtain additional rights, then she can contact the labor protection department.

The organization’s specialists will conduct an inspection and issue appropriate recommendations to the employer on compliance with the requirements of labor legislation.

When filing an application for a hearing on labor disputes, payment of state fees is not provided. The judge must provide evidence that the woman asked for additional days of rest, but was denied.

As confirmation, it is allowed to provide a notarized copy of the vacation application. However, it must be marked with the number and date of incoming correspondence.

The rights of a single mother are reliably protected by labor legislation.

Among them, we can note an additional vacation lasting 2 weeks, which can be taken either together with the main one or at any other convenient time.

For these, the employer does not pay wages or other types of compensation.

If a woman does not use her vacation, it will not be carried over to the next year. The employer's responsibilities are controlled by the labor inspectorate.

Single mother's rights.

Features of parental leave

The duration of regular leave granted annually to parents with at least two children and to parents caring for disabled children does not exceed the minimum 28 days. None of the current legislative documents establishes the right of parents to use longer vacation time.

Decree of the Government of the Russian Federation dated October 13, 2014 No. 1048 states that in addition to vacation, parents of disabled children are entitled to four days off every month in excess of the labor norm, which will be paid.

I note that days off in excess of the legally established norm cannot be taken out by two parents at the same time and cannot overlap with leave issued annually, with administrative leave (without pay) and with leave to care for a child up to the age of three.

During the above holidays, additional preferential days off are not provided.

The second parent cannot be denied the right to use them. With an increase in the number of children in a family in need of enhanced additional care, the number of monthly preferential days off remains unchanged.

What about leave for parents with children under 14 years of age? Employees responsible for two (or more) children under the age of 14, and those raising disabled children under 18 years of age, have the statutory opportunity to take advantage of additional unpaid leave of up to 2 weeks, which may join the main rest time (Article 263 of the Labor Code).

Read also: Mother’s abandonment of child: in favor of father, in maternity hospital, statement

Additional unpaid leave can be divided into several parts, but in case of non-use, under no circumstances can it be transferred to the next year (Article 124 of the Labor Code).

Registration of such additional leave for parents with many children, its fragmentation or addition to the employee’s main vacation time is carried out upon an application submitted in writing by the parent working at the enterprise.

Leave for parents raising several children

Now, let's talk about providing leave to parents with many children.

The Labor Code of the Russian Federation stipulates benefits for those parents who have children under 14 years of age.

Government documents from the times of the USSR consider children under 12 years of age to be minors (and requiring attention and care).

The Decree of the Central Committee of the CPSU and the Council of Ministers of the USSR dated January 22, 1981 N 235, which envisages the expansion of state assistance to families with children, which must be relied upon due to the absence of a more modern federal legislative document, refers to young children under 12 years of age (not up to 14).

The following information is required reading, as it contains useful recommendations on arranging additional days for vacation for parents with many children in each specific case:

  1. The duration of the main leave for parents with 2 or more young children is limited to 28 days

    , which corresponds to the above-mentioned Resolution and constitutes a guaranteed minimum vacation payable in our country (

    Article 115 of the Labor Code of the Russian Federation

    ). There are no benefits for obtaining longer vacation time.

  2. Leave for mothers with children under 14 years of age is issued at a time that they consider convenient or favorable, of course, with the coordination of vacation schedules. [

    Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated January 22, 1981 N 235 “On measures to strengthen state assistance to families with children” paragraph 3, subparagraph b, paragraph 3

Source: https://bank-k.ru/dopolnitelnyy-otpusk-nedeli-materyam/

When are parents of a minor child entitled to leave?

Being a professional and combining work and motherhood is not easy. Having a child, a woman cannot engage in work without harming the family. In order for both mother and baby to feel inner harmony and closeness, the Labor Code has developed a plan for providing rest time to parents of minors.

Under what conditions is preferential leave provided, and what requirements must be met in order to take advantage of the benefits? Read about this and other information in our article.

Leave for parents with children under 14 years of age

The leave scheme for employees with children is regulated by Article 262 of the Labor Code. According to the provisions of the law, mothers with a child under three years of age have the greatest number of benefits for providing rest time.

Having given birth, a woman has the right, after the end of maternity leave, to take leave to care for the baby for three years.

Also, for this period, she retains the right to interrupt it early and return to performing professional duties (this is regulated by Article 123 of the Labor Code of the Russian Federation).

Mothers who are raising a disabled child are also under the care of the state. They retain the right not only to annual calendar leave, but also to additional rest time at their own expense, if such a norm is prescribed in the collective agreement.

The free holiday period can be up to one calendar month. The mother, guardian, or custodian may take up to four additional paid days off per month.

Article 262 also mentions other categories of employees with minor children - they are their parents or have taken guardianship over them.

Depending on the child’s age, state of health, independent upbringing or other factors that imply advantages in taking a day off, parents can take leave under the following conditions:

  • In the summer, if there is a daughter or son aged 7 to 10 years, the mother has the right to take a vacation during the summer holidays. The vacation is regular, paid at the expense of the company, its duration is standard.
  • For a period of 3 days, if a future first-grader is being sent to school. Typically, employees take September 1 and the adjacent two days. However, this is leave without salary, but its provision is guaranteed by the Labor Code of the Russian Federation.
  • During the calendar year for a period of 14 days. This additional rest is available to mothers of two or more children under 14 years of age, as well as to single mothers and single fathers. Leave is additional to annual leave, but without pay.
  • If the family has a son or daughter under 7 years old, then the parent has the right to arrange a vacation at any convenient time.

Important! Additional rest periods for employees with minor children are designed to create comfortable rest conditions, therefore, transferring unused vacation days without saving your salary to the next year is unacceptable!

Procedure for granting leave to a parent of a minor child

Regardless of what kind of vacation the employee takes - at his own expense or at the expense of the company, it is necessary to notify in advance of the intention to arrange a vacation period. The worker writes an application for leave (rest period and on what basis it is issued). After approval of the application by the employer, from the specified date the employee may be absent from the workplace.

Important! The application should be submitted at least one week before the date of departure - this will allow the accounting department to accrue vacation pay (if this is another annual leave), as well as find a replacement for the period of absence.

Leave benefits for parents of minor children

According to labor legislation, the following employees who have children have privileges and benefits in providing rest time:

  • Up to 3 years of age and those actually caring for them (mother, father or other relative who is entrusted with the responsibilities of caring for the baby).
  • Ages from seven to ten years.
  • Son or daughter under 7 years of age.
  • Raising a disabled child under 18 years of age.
  • They independently raise and raise children under 14 years of age (single mother, father who is raising a child without a mother).
  • Have two or more children under 14 years of age.
  • Getting a first grader ready for school.

Each of the listed categories has the right either to priority choice of rest time, or to the provision of additional days during the calendar year. Such guarantees are prescribed in Article 262 of the Labor Code of the Russian Federation.

Rights of parents of minor children to leave

The law guarantees parents and guardians of minors:

  • Choosing the time of rest (summer period or other convenient time).
  • Additional days off without pay for some categories.
  • Weekends due to important family events (September 1, the arrival of a newborn in the family).
  • Possibility to book a weekend at the right time.

In case of refusal to provide a rest period, the employer is held accountable for non-compliance with the Labor Code of the Russian Federation and violation of the rights of employees.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): (1

Source: https://legionfg.ru/kogda-polozhen-otpusk-roditelyam-nesovershennoletnego-rebenka/

Is a single mother entitled to leave in the summer?

Article 263 of the Labor Code An employee who has two or more children under the age of fourteen, an employee who has a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without mothers, the collective agreement may establish annual additional leave without pay at a time convenient for them for up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

Annual paid leave for single mothers

According to Articles 75 and 76 of the Labor Code of the Russian Federation, additional leave is provided to single mothers without taking into account holidays and weekends. Additional leave for single mothers Single mothers are entitled to leave according to the Labor Code.

According to the terms, it is provided for 14 days and is not paid for. But it is permissible to add it to the main vacation and then the money for it will be credited. As for transferring days to the next year to increase the duration of rest, this is impossible.

There is also no compensation provided. Unused days simply expire.

The procedure for granting the Rules for applying for leave in 2018 did not change and remained the same as before.

Is a single mother entitled to additional leave?

  • Is a single mother entitled to additional leave?
  • What rights do single mothers have under the labor legislation of the Russian Federation?
  • “subsidies mortgage agency of Ugra payments 2012”
  • Single mother's leave: a right provided by law
  • Benefits and privileges of single mothers in 2018
  • Benefits for single parents provided for by labor legislation
  • What benefits do single mothers have when receiving regular leave?
  • Benefits for single mothers when granted regular leave

Is a single mother entitled to additional leave? Ending. Read the beginning of the article in the magazine “Personnel Solutions” No. 2, 2008.

Does a single mother have the right to vacation in the summer?

If the weekends have not been used, they cannot be folded. Firing a single mother is also a special process.

The manager does not have the right to deprive an employee of her job just at his own request. According to Article 261 of the Labor Code of the Russian Federation, dismissal can be made only in several cases:

  • upon liquidation of the organization;
  • due to disciplinary sanctions;
  • due to serious breaches of duty.

Legislation The issue related to the provision of additional leave for a single mother is regulated by the Labor Code of the Russian Federation and is subject to mandatory execution by the employer.

Benefits for single mothers when granted regular leave

We need your help very urgently. Explain to the unreasonable mother my rights. I am raising two children alone - a 14-year-old daughter (she has a father who is simply written down in her certificate; we were not married) and a 4-year-old son (with him I am a single mother). I got a job on July 12, 2011.

Source: https://kvibro.ru/polozhen-li-otpusk-materi-odinochke-letom/

Leave for employees with two children

Article 122 of the Labor Code of our country guarantees working persons annual legal rest.

The standard vacation period in Russia corresponds to twenty-eight calendar days, but some categories of citizens have additional rights in the workplace. Among them are employees with minor children, as well as mothers and fathers who are raising children with disabilities.

If the child is under fourteen years old, the parent can take additional days off. The procedure for providing them differs in each specific situation.

Important! Parents with children under twelve years of age can count on an annual paid vacation. This right of an employee is prescribed in Article 115 of the State Labor Code.

The length of the weekend for parents does not change upward. Moms and dads can rest for 28 days. The employer can stipulate additional holidays in the collective agreement.

  • Article 115 of the Labor Code of the Russian Federation. Duration of annual basic paid leave
  • Annual basic paid leave is provided to employees for 28 calendar days.
  • Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.
  • Until recently, domestic parents had such a right; in 2014, the Supreme Court of the Russian Federation recognized the decisions of the Soviet Union as valid and not contradicting modern legislative acts.

Let us recall that the order of the Council of Ministers of the USSR dated 1985 N 2275r established the right to choose the time of rest for single men raising children under twelve years of age, and the law “On measures to strengthen government support for families with children” dated 05.19.1995 N 81-FZ established a similar right for parents in two-parent families. The right of parents with two or more children under the age of 14 to additional administrative leave.

Article 263 of the Labor Code of the Russian Federation states that the right to additional leave is granted to the following categories of workers with children:

  1. Employees with two or more children under 14 years of age.
  2. Women and men with a disabled child under 18 years of age.
  3. Single mothers and fathers with a child under 14 years old.

Article 263 of the Labor Code of the Russian Federation. Additional unpaid leave for persons caring for children

An employee who has two or more children under the age of fourteen, an employee who has a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement annual additional leaves without pay may be established at a time convenient for them, lasting up to 14 calendar days.

The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

The above categories of citizens have the opportunity to receive additional time off, which does not provide for retention of salary, for up to fourteen days. Social guarantees are established by employer regulations or a collective agreement.

The employee makes a written application to take such time off. It can be added to an annual paid leave of 28 days (thus, an employee-parent can take one, partially paid leave, the amount of which is 42 days).

Additional administrative time off can be used in full or in parts. However, it is not allowed to carry it over to the next year. If a parent does not take advantage of the weekend, it is lost. In this case, we are not talking about the obligation of each employer, but about the right of the applicant. Therefore, no compensation is due for unused vacation.

In 2015, the government of the Russian Federation adopted Law No. 242, which provided for the introduction of a new provision into the Labor Code. For several years now, article 262.1 of the profile code of the Russian Federation, entitled “The order of granting annual paid leave to persons raising disabled children,” has been in force in our country.

Employees who are raising children with disabilities have the right to demand rest at a convenient time, regardless of the schedule drawn up by the employer.

Providing a period of rest to persons with a minor son or daughter is carried out on the basis of the norms of the Labor Code of the Russian Federation. The provisions that regulate this right and its features can be presented as follows:

  • The provision of this time to persons with children is carried out in accordance with the general procedure. That is, the usual basic duration each year is 28 days and can be increased depending on length of service, harmful working conditions and other factors;
  • rest also depends on their state of health. If a son or daughter is disabled, then the parents receive the opportunity for additional leave and priority in choosing the time for rest;
  • employees who have a son or daughter under the age of seven have the opportunity to go on vacation in the summer and take the time necessary to care for their children.

The law distinguishes several categories of parents with sons or daughters under twelve years of age. Depending on the category, there are specifics regarding vacations for these individuals. They should be specified in more detail:

  • Article 123 of the Labor Code establishes the right to receive a period of care for a minor son or daughter. This period covers the time after childbirth until the age of three;
  • employees who have minors under seven years of age;
  • workers raising children from seven to 10 years old.

These categories of workers have benefits for the provision of rest at a time convenient for them. And the employer has no right to refuse them this.

If we talk about the maternity period, then you can use this right at any time. This period covers the time until the minor reaches 3 years of age. Every parent has the right to take advantage of the opportunity to get leave. They can change and take the period they need.

Parents with minors under 7 years of age have the right to receive rest at any time. That is, they can contact the employer with an application to provide them with such time as they deem necessary. And the employer must satisfy such a request.

Another preferential category is parents with children from 7 to 10 years old. This category of workers has the right to rest during the summer holidays. This is a significant guarantee. It allows you to get time off with your son or daughter every year.

Employees raising disabled people are also provided with guarantees. They are entitled to enjoy the following benefits:

  • they have the opportunity to choose their own time. They have the right to apply to their employer to take a vacation at any month;
  • such employees may enjoy additional leave. It can be caused by a variety of reasons. The duration of this time is up to one month.

Thus, many guarantees and benefits have been established for this category of employees. In addition, they have other guarantees related to business trips and protection during staff reductions.

This group should be divided into two categories. If education is carried out in relation to a disabled person, then the additional period will be up to one month. And they can write a corresponding application for additional leave in any month at their discretion.

When parents are raising a son or daughter under 12 years of age, they can also take advantage of the extra time. But in this case, the duration will be two weeks.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

  • 7 (499) 350-88-72 — Moscow and region;
  • 7 (812) 309-46-73 — St. Petersburg and region;
  • 7 (800) 511-81-04 — all regions of the Russian Federation.

The Labor Code of the Russian Federation does not have a separate rule that would oblige the employer to provide parents of children under 18 years of leave at the desired time based only on the fact of parenthood, however, Art. 423 provides for the possibility of applying other legal acts, including resolutions and orders of the USSR Council of Ministers.

In particular, this is confirmed by the decision of the Supreme Court dated June 17, 2014 No. AKPI14-440, adopted on an application demanding invalidation of sub. 3 paragraph “b” of the said resolution, providing for leave at a selected time for mothers of 2 or more children under 12 years of age. The Supreme Court panel rejected the claim, not seeing in the ruling any signs of discrimination against childless workers.

Source: https://maksimovka.ru/otpuska-rabotnikam-imeyushchim-dvukh-detey/

Additional leave for a single mother – Human Rights

  • “Single mother” is a stable phrase that appeared in the last century and was a popular designation for a woman who gave birth to a child without a legal husband.
  • Nowadays, this status has acquired legal significance and is used for the purpose of social and material support for mothers who decide to have a child without marriage.
  • There is no legislative concept of a single mother, so it is pointless to look for a legal definition of this term in laws and other regulations.

The only document that states by what criteria a woman can be classified as a recipient of this category is Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1.

In accordance with the explanations of the highest court, a woman can be recognized as such if she alone carries out the functions of a parent in the upbringing and development of children, without the participation of the father, as well as in cases of his death, deprivation of parental rights, recognition by the court as missing, incompetent, or stay in correctional institutions. in connection with imprisonment. However, the law does not distinguish between a natural and adopted child.

A mother who has decided to raise and support her baby alone is a truly courageous woman and the state, taking into account demographic problems, strives to support her in this endeavor by providing a set of benefits in the form of:

  • increased amount of benefits paid by social protection authorities. The amount to be paid exceeds the normal benefit by 100%;
  • a double deduction from the tax base for each child, in contrast to the standard monthly amount; for single mothers it is 1,400 rubles;
  • priority provision of housing, upon recognition of those in need of improved housing conditions. It is impossible to evict a single mother without providing another living space in return;
  • payment of sick leave for child care, regardless of its duration, if the child is of preschool age. If he is already a schoolchild, then his mother can issue sick leave for 15 days.

Depending on the region of residence, local authorities provide the mother and her child with:

  • a one-time supplement to the benefit on the occasion of the birth of a baby;
  • compensation for the purchase of food;
  • free school meals;
  • reimbursement of part of the expenses for maintaining a child in kindergarten;
  • free or partially compensated trip to a sanatorium or health camp if there are medical indications;
  • 50% discount on essential medicines, in accordance with the list approved by the Government of the Russian Federation

Benefits according to the Labor Code of the Russian Federation

In most cases, a single mother returns to work from maternity leave early, since she has to rely only on herself; as a rule, she is often forced to work part-time in another place in order to provide for the child.

A single parent must notify her employer of her special status by presenting the child’s birth certificate with a dash in the “father” column, or other documents, such as a death certificate, a court decision recognizing the second parent as deceased, missing or incompetent.

If the father is in places that are not so remote, you will need to attach a court verdict and a certificate from the correctional institution stating that the convicted person is within its walls.

The provisions of the Labor legislation are aimed at protecting the labor of this category of women; a number of articles provide single workers with certain advantages and benefits, which consist of the following preferences.

At the request of a mother raising a child alone, the employer is obliged to establish a part-time working day or week for her. Wages under this working time schedule are paid in proportion to the amount worked or completed.

However, working in this mode does not affect the calculation of length of service or the duration of vacation. This procedure for labor relations is mainly used when the child is still very small or it is impossible to place him in kindergarten.

Under the terms of the law, it is impossible to fire a single mother before the child turns 14 years of age, except in the following cases:

  • liquidation of an enterprise or organization;
  • if she repeatedly fails to fulfill her job duties;
  • a single gross violation of labor discipline provided for in paragraph 6 of Article 81 of the Labor Code of the Russian Federation.

If a reduction in staff is planned at an enterprise, then a woman raising a child alone has an advantage over other employees in the matter of remaining at work.

Upon dismissal due to liquidation, the management of the enterprise must employ a single person in another place, in order to prevent loss of earnings, since such a family has the only source of income is the mother’s salary.

A single mother can take advantage of the right granted by the Labor Code of the Russian Federation and add another 14 unpaid days to her next vacation. It is only necessary to keep in mind that such a condition must be spelled out in the collective agreement.

Additional leave can be taken at any time at the request of the employee, once per calendar year. At the same time, a woman can use it both as a whole and in parts. The opportunity to rest for another two weeks is given to the mother until her child turns 14 years old.

An employer cannot force a single mother to work the night shift; the time from 10 p.m. to 6 a.m. is recognized as such.

A single mother must notify management in writing of her inability or unwillingness to go to work at night, and her refusal cannot be regarded as a violation of labor discipline.

Women raising a child in the absence of the father cannot be forced to work, also on holidays and weekends. The employer is obliged to inform the woman in writing of her right to refuse to go to work.

The legislation regulates legal relations related to business trips, such as a business trip to another city or locality. The management of an enterprise can send a single mother only with her written consent. As for work on a rotational basis, when the absence can be very long, the law prohibits sending single mothers there.

It is very difficult for a single mother to raise and support children, and if she has several of them and she is given the status of a mother of many children, then support from the state should at least somehow cover and compensate for expenses.

For this purpose, a number of measures have been developed in the form of benefits and social guarantees for a mother who has more than 2 children and is raising them without a husband:

  • for non-working mothers there is a fixed monetary amount of benefit, which is indexed annually, and for workers in the amount of 40% of earnings until the child reaches 1.5 years of age;
  • regional assistance in the form of free 2 meals a day at school, free textbooks;
  • benefits for utility bills in the form of a 30% discount;
  • free travel on public transport, and if living in rural areas, the opportunity to use discounted intercity buses;
  • provision of school and sports uniforms.
  1. Another special category of mothers is military personnel, whose benefits and social guarantees are regulated by various Regulations on the procedure for military service.
  2. In accordance with regulations in the military sphere, single mothers:
  • cash and in-kind allowances are maintained for the period of maternity leave;
  • the time spent on maternity leave is included in the length of service for calculating pension supplements;
  • providing food and groceries through special stores until the child is 3 years old;
  • cannot be recruited for guard and garrison duty.

Unfortunately, her status as a single mother does not give her any advantages in matters of deprivation of parental rights. According to the general rules of the Family Code, parental responsibilities can be terminated in relation to any person who neglects the upbringing and maintenance of a child.

Regardless of whether the mother is raising the child with or without her husband, the court may, at the request of interested parties, decide to deprive her of maternal rights if the woman:

  • avoids raising and maintaining the child;
  • is a chronic alcoholic or drug addict;
  • does not pick up the child from the maternity hospital or other educational institution;
  • abuses a child;
  • committed a criminal offense against her offspring.

We invite you to read: Can a woman work on maternity leave?

A woman who has made the decision to become a mother is already worthy of respect, and the one who wanted to have a child, despite the difficulties and absence of a father, is truly a heroine. Therefore, the state should strive to provide all possible assistance in raising her children and develop other methods of support and benefits.

Guarantees on the inadmissibility of dismissal of single mothers and their equivalents raising children under the age of fourteen (disabled children under eighteen) also apply to cases of dismissal at the initiative of the employer under clause 9 of Art.

81 of the Labor Code of the Russian Federation (making an unjustified decision by the head of an organization, branch, representative office, his deputy and chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property).

This ground for dismissal (clause 9 of Article 81 of the Labor Code of the Russian Federation) is guilty (clause 52 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004) names it among other disciplinary grounds for dismissal.

In this case, one should support the legislator, who excluded clause 9 of Art. in this situation.

Ending. Read the beginning of the article in the magazine “Personnel Solutions” No. 2, 2008.

In the previous issue, we examined such categories of benefits for single parents as provided for by labor legislation, such as hiring, overtime, work on weekends and non-working holidays, night time and part-time work. In this article we continue our review of the benefits mentioned above.

Business trips. Often, labor functions are performed by employees outside their place of permanent work. This is a so-called business trip. It always entails the employee leaving home for a more or less long period. In accordance with Art.

  • Annual paid leave for single mothers
  • Does a single mother raising two children aged 8 and 14 have the right to another annual paid leave at a time convenient for her?
  • Can they deny you leave if you are a single mother?
  • How are vacation pay calculated?
  • What benefits does a single mother have and for how long?
  • Benefits for single mothers
  • Single mother's vacation
  • Are single mothers entitled to additional leave?
  • Is a mother with children under 14 entitled to annual paid leave in the summer?
  • Let's start with getting a job. If, say, an unemployed woman is referred to a specific organization by the Employment Center, then the employer does not have the right to refuse her a job because she has children. In fact, this is often what happens. As soon as a potential boss finds out about the presence of small children, who, if something happens, will have no one to leave with, then the attractiveness of a single mother as a good employee rapidly decreases in his eyes. But according to the law, he cannot justify his refusal by having children. Only the lack of necessary qualifications or mandatory work experience can be a significant reason for refusal. In this situation, the rights of single mothers under the Labor Code of the Russian Federation are defended by Article 64 of the Labor Code of the Russian Federation, namely part 3 of this article.
  • Direct work process. Single mothers do not have the right to be forced to work at night (from 22-00 to 6-00), to work overtime, to work both on weekends and on holidays. Also, a single mother cannot be forced to go on business trips and be sent to work on a rotational basis. A woman can agree to all these types of work only of her own free will, and she must give her written consent, which will indicate that the worker is familiar with Article 96 and Article 298 of the Labor Code of the Russian Federation and knows that she has the right to refuse these types of work. Remember that these rules are legal for single mothers raising children under 5 years of age.
  • Vacation. If a woman is raising children under 14 years of age alone, she is granted additional leave. Its duration is 14 calendar days. Don't forget that this is unpaid leave. In addition, the right to it must be secured in the collective agreement of the organization or enterprise. If a single mother is in the care of a disabled child, then in addition to her vacation, she is entitled to 4 more days off each month. These are already paid days, but they must be taken off in a specific month; they cannot be saved or transferred to the next month.
  • Part time. A single mother raising a child under the age of 14 (if the child is disabled, the age limit is raised to 18 years) has the right to demand that she be provided with a preferential labor regime, consisting of reducing the working hours or working part-time. These conditions are negotiated when concluding an employment contract. Their validity period can be specifically determined. There should be no entry in the work book about these benefits. The next paid leave must be provided in full. Bonuses are also awarded on a general basis.
  • Sick leaves. When caring for a sick preschool child, the rights of single mothers under the labor code in 2019 are as follows: a single mother receives 100% payment for sick leave of any duration. For mothers of schoolchildren from 7 to 15 years old, the paid period is 15 calendar days. If the child is undergoing outpatient treatment, then the first 10 days are fully paid, followed by 50% hospital payment.
  • Dismissal from work. A single woman raising one or more minor children cannot be fired for the following reasons:
  1. professional inadequacy for her position
  2. reduction in the total number of employees
  3. change of owner of the enterprise

Like a single mother when she's supposed to be on vacation

Ending. Read the beginning of the article in the magazine “Personnel Solutions” No. 2, 2008. In the previous issue we examined such categories of benefits for single parents provided for by labor legislation as hiring, overtime, work on weekends and non-working holidays, night time and part-time work.

Source: https://neddom.ru/otpusk-mame-odinochke/

Rating
(No ratings yet)
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]