Rights of a single mother: at work, for alimony, for vacation

Labor benefits for single mothers began to be provided relatively recently. For a long time, women raising a child without a husband were not supported by the state separately from others. However, over time, society changed its opinion about the phenomenon of single mothers.

This manifested itself not only on the edge of social relations, but also at the legislative level. Government officials have recognized the need for additional support for members of this group.

While every citizen of the Russian Federation is protected in their labor rights by relevant laws, the interests of a single mother are specifically stipulated by the legislator.

Citizens included in the category

Another legal document provides a list of persons who are classified as single mothers and are entitled to receive appropriate assistance from the state. Resolution number one of the Plenum of the Armed Forces of the Russian Federation, adopted at the end of January 2014, classifies women as single mothers when they are raising a child or several children who are under eighteen years of age. Moreover, she takes care of them and maintains them without the help of her husband, father or adoptive parent. A woman can be recognized as a single parent if:

• the father did not initially participate in the maintenance of the child, and his name does not appear in the corresponding column of the child’s birth document;
• the baby's father died;
• he is deprived of the rights of a parent or limited in them;
• the father was declared missing in court;
• there is a conclusion that a man cannot participate in raising a child because he is incompetent;
• the health condition does not allow the father to take part in the development and maintenance of the minor;
• the father was sentenced by the court to imprisonment;
• a man shies away from raising his child.

Thus, those who are popularly called single mothers are all women left without the help of a husband in the maintenance and development of a child, despite the fact that the father of the child cannot be forced to fulfill his duties. If, according to documents, there is a man in the family who can help raise a child, then the mother will not have additional benefits, even if the spouse is a non-working citizen.

The essence of state aid

Benefits provided to single mothers can be divided into two groups:

1. Help that residents of any region have the right to use.
2. Bonuses that apply only to women living in a certain subject of the Russian Federation.

All-Russian benefits include those that are enshrined at the federal level and are mandatory. These include:

• doubling the cash allowance paid through social protection authorities for the maintenance of a child;
• provision of housing without a waiting list when it is needed;
• ban on eviction without provision of other housing;
• changing the amount of the standard type tax deduction from three hundred to six hundred Russian rubles;
• mandatory payment for days spent on sick leave to care for a preschool child, regardless of the number of days when the woman was not present at work;
• payment for fifteen days of sick leave when caring for a schoolchild.

This is the set of privileges that a woman raising children without a husband will receive, regardless of where she lives.

In some regions of the country, additional assistance is expected in the form of benefits or extraordinary provision of services, which may become free or paid in some part for a single mother. For example, in some areas a woman with a child can count on:

• additional payments at the birth of a baby;
• receiving free or fifty percent discounted medications or baby food;
• providing the child with free school uniforms and necessary supplies;
• providing children with vouchers for sanatorium and camp recreation during the holidays or during the school year free of charge or with half pay;
• assistance in purchasing food products in the form of compensation;
• free breakfasts for schoolchildren.

Thus, regional governments strive to support women who are left without male help in raising and maintaining a minor. The social security service should inform you about what bonuses exist for single mothers in a particular region or republic.

Labor legislation

A mother raising a child alone usually has to go to work earlier than a married woman. There are often cases when she simultaneously works part-time in a second place. This is necessary to ensure a decent existence for yourself and your baby.

Given this situation of a single mother, the legislator tried to give her greater rights compared to other groups of workers. Therefore, clauses and subclauses appeared in the Labor Code of the Russian Federation regulating labor relations arising between an employer and a mother without a husband as an employee.

However, in general, these are the same benefits that are provided to any woman in connection with maternity.

The privileges of a single mother at work are not as wide as a woman may need, but she must be able to take advantage of them.

In order for a single mother raising a minor to be provided with all the labor benefits provided for her, she must notify the employer of her special social status.

To do this, you must submit, depending on the situation, the following documents:

1. Child birth certificate with a blank column about the father.
2. Death certificate of husband.
3. Certificate of incapacity of the child's father.
4. A paper confirming the man's presence in a correctional colony.

This can be any other document certifying that a woman is raising children alone, without the help of a father. Only in this case must the employer ensure the implementation of the benefits provided to a single mother. They provide assistance in several areas:

• organization of the work regime appropriate to the status of women;
• features in the provision of vacations and days off;
• a special regime in force in matters of reduction and dismissal.

Skillful use of her labor rights will allow a woman to create a harmonious environment for herself and her child.

Operating mode

The rights of a single mother at work involve providing her with such working conditions under which she can continue to further raise her child without outside help.

It is quite obvious that a woman who finds herself without anyone’s help in caring for her child cannot afford to go to work at night. However, many businesses operate without breaks, so employees work scheduled shifts.

In the case of a single mother, the employer is not allowed to assign late work hours to such a worker.

The Labor Code in Article 96 designated such a period from ten in the evening to six in the morning. It is possible to involve a single mother in professional activities during this period only if she gives her written consent.

In this case, the employer must have on hand a document indicating that the woman was made aware of the possibility of refusing to go to the enterprise at night.

Otherwise, if any incident occurs between the employee and the employer, the latter will be in a losing situation.

If a woman refuses to go to the enterprise in the period from 22.00 to 6.00, this cannot be considered a violation of labor discipline. Accordingly, such behavior should not be grounds for a reprimand, fine or dismissal.

The Labor Code for single mothers provides for the possibility of part-time or part-time work. To do this, a woman must submit an application requesting the establishment of special working hours for her. This means that she will work during the period allotted to her and the duration of her activity at the workplace is less than eight hours. Wherein:

1. The woman retains the right to receive annual leave.
2. Subject to effective work on the part of a single mother, even with an incomplete schedule, she must be awarded bonuses on an equal basis with others.
3. A shortened day of work is counted as a full day of work.

In this case, wages are calculated depending on how much time is spent at the workplace, or on how much work is performed.

Another issue related to the work schedule of a single mother is being sent on business trips and working on weekends. In this regard, the following rules apply to all mothers caring for children under three years of age: if the woman does not provide her consent in a written document, then the employer cannot:

• oblige her to work overtime;
• force you to work on weekends or non-working holidays;
• sign an order to send the employee on a business trip.

The issue of weekends should be clarified here. According to Article 111 of the Labor Code of the Russian Federation, Sunday is considered a generally accepted day for rest. Provided that the organization operates a five-day work system, the second day off is assigned by management independently. Most often, Saturday or Monday is chosen as such a day, so that two days off are in a row. But this is not the employer's responsibility.

Many enterprises and organizations are forced to operate continuously. In this case, days off are provided to employees in turn on different days of the week, but without fail.

Additional vacation and days off

• add to paid leave;
• “take them for a walk” separately;
• break into several parts and use throughout the year.

Additional leave cannot be carried over to the next year. A single mother also needs to agree on the time of additional leave with her employer, and not leave on a convenient day without warning.

In x you can find statements that single mothers are entitled to additional days off. However, these opinions do not correspond to reality.

An increase in days off is guaranteed to those parents who are supporting a child recognized as disabled. In this case, the employer is obliged to provide the mother who has submitted an application of the appropriate type with four days a month in addition to the weekend.

However, he does not have the right to demand work off after such time off. Again, prior approval from management is required.

Dismissal and reduction

The most important question for a single mother is how to keep a job in her already difficult situation. Not every manager wants to have a mother and child at the enterprise, especially when there is no one to help her. Therefore, the question of dismissal often arises. However, this situation is clearly regulated by the legislator.

Article 261 of the Labor Code of the Russian Federation guarantees the rights of a single mother to retain her place at work with her child until he reaches fourteen years of age. If the child is disabled, the period increases until his eighteenth birthday.

It is also impossible to fire such a mother if she was hired for a probationary period and passed it. However, this rule does not apply to cases where:

• the organization is being liquidated, and management must take maximum care of the labor fate of such a mother;
• the woman violated her duties many times or did it once in a rude manner;
• a single mother was found derelict in her duties.

In this case, the employer has legal grounds to exclude such an employee from the workforce at his enterprise. The rights of a single mother when jobs are cut in an organization according to the Labor Code are that she cannot be fired in this case.

Conclusion

The rights granted to a single mother under the labor code belong to the group of preferential assistance provided by the state to the socially least protected categories of citizens. They apply to women who raise children independently and are able to document the lack of participation of the father in the child in its maintenance and development.

To obtain the appropriate status, the mother must collect the necessary documents and contact the social security service. There she will receive certain payments provided for this category of citizens.

Source: https://FamAdviser.ru/semejstvo/nesovershennyj-rod/trudovoj-kodeks-mat-odinochka.html

Labor benefits for single mothers in 2019 according to the labor code

Modern labor legislation today does not provide a clear description of the term “single mother”. However, Russian legislation has adopted many regulations that protect the rights of single working women raising children on their own. Therefore, the question of what labor benefits single mothers are entitled to remains relevant in 2019. Let's look at it in this article.

Single mother status

Often, women raising a child without a husband assume that they may have a special status and qualify for benefits. The requirements of the law indicate that a born or adopted child must bear the mother’s surname. In this case, in the document certifying the birth of the child, there must be a dash in the “father” column. The child can be given any middle name (at the discretion of the mother).

A special certificate (form 25), issued at the registry office, becomes the basis for a single woman to obtain single mother status. The rules of the Labor Code of the Russian Federation state that a number of benefits and privileges are provided for such mothers.

Are single mothers exempt from working at night?

Based on the Labor Code of the Russian Federation (Article 96), in 2019, a single mother (father) raising a child is exempt from night work. An employer can oblige a mother to work at night only with the written consent of the employee, provided that the child is not yet 5 years old. Also, the mother’s health must allow her to work at night.

Refusal of night activities on the part of the beneficiary mother cannot be regarded as failure to fulfill labor duties. When hiring such a worker, the employer is obliged to remind the woman of her right to refuse night work in writing.

Read also: Guardianship of an incapacitated person: payments, rights and obligations

Privileges regarding business travel, overtime, work on holidays and weekends

A single mother raising a child under 5 years of age may be required to travel for business, work overtime, and work on holidays only if the employer provides written consent to such conditions. When hiring such a mother, the employer is obliged to familiarize her with the possibility of refusing such activities.

What is known about the possibility of getting additional leave?

For a woman with the status of a single mother, legislation allows her to receive additional days of rest every year. But such a privilege applies only to the mother whose child is under 14 years old.

In this case, leave without pay is given only for 14 days. When submitting a written application, additional vacation days can be connected to the planned vacation, but they can also be taken in parts.

It will not be possible to postpone such a vacation to the next year (this is stated in the Labor Code of the Russian Federation in Article 259).

Attention! If the collective agreement does not provide for such a benefit, then you will not be able to get leave.

What is known about such a privilege in the work schedule as part-time work?

The employer is obliged to provide this privilege to a single mother who has a child under 14 years of age. If a child has a disability, then a mother raising a child up to 18 years of age can count on part-time work. Acceptance of preferential conditions can occur:

• when signing an employment contract;
• during the working period.

The period of validity of preferential terms can be specified at the request of the signatories.

Attention! Regardless of the presence of incomplete days worked, a single mother receives full annual leave and bonuses. In this case, the length of service is calculated for full working days (Labor Code of the Russian Federation, Article 93).

Privileges for receiving additional days off if you have a disabled child

Based on the Labor Code of the Russian Federation, Article 262, a woman with the status of a single mother raising a child with a disability has the right until her child reaches 18 years of age to receive four additional paid days off every month. Such days are provided to the employee upon written request on his part.

Important! Unclaimed days during the month are not transferred to another calendar month and are not added to the vacation.

Sample application for a single mother's certificate

On what grounds can a single mother be fired?

Based on the requirements of the Labor Code of the Russian Federation (Article 261), women in the status of a single mother raising a child under 14 years of age or a disabled person under 18 years of age cannot be dismissed from work. The exceptions are cases when:

1. The enterprise was liquidated or business activity was closed.
2. There are disciplinary penalties for failure to fulfill job duties.
3. There were one-time serious violations of duties:

• there was a missed shift (an entire working day), leaving the workplace for 4 hours without good reason;
• entered the workplace while intoxicated, under the influence of drugs or other toxic drugs;
• there was a recorded case of an employee disseminating information (official, state and other) classified as “secret”;
• personal data of other employees was disclosed;
• the fact of theft, damage, deliberate embezzlement, established during the official investigation, was recorded;
• there were violations of labor protection (violations recorded by the commission during the investigation), which led to serious consequences (catastrophe, accident, accident).

1. The offenses were committed by a person who has access to money and commodity values, as a result of which the employee lost confidence in the company management.
2. Immoral acts were committed while performing educational duties.
3. A one-time serious violation was committed while performing the duties of the head of an enterprise (company, branch).
4. An employee provided false papers to his employer when concluding an official employment agreement.
5. The teacher used such methods of education that were associated with mental or physical violence against the student/pupil.
6. The employment agreement has expired.

Is it legal to lay off a single mother who is raising a child under 14 years of age alone?

Part 3 of Article 261 of the Russian Labor Code states that an employer does not have the right to terminate an employment agreement with women who:

• have children under 3 years of age;
• are engaged in raising children who are under 14 years old;
• are engaged in raising disabled children who are not yet 18 years old.

Also, other persons who raise children without a mother cannot be laid off. But the employer has the right to dismiss these persons when these persons have committed the acts listed above. It is prohibited to dismiss the persons listed above even when it is decided to reduce the number of employees of a company or individual entrepreneur. This is stated in paragraph 2, article 81 of the Labor Code of Russia.

Tax breaks in 2019

The Tax Code in Article 218 establishes for single mothers taxation when calculating personal income tax, reduced by half. Tax calculation for benefit recipients is carried out according to a standard scheme (according to the same scheme as for all working citizens). In this situation, the tax deduction is not tied to the woman’s salary, but is determined by the number of children.

The law says that:

• the presence of the first two children entitles the mother to receive a deduction in the amount of 3,200 rubles for each;
• for the third and subsequent offspring a deduction of 7,200 rubles is given.

In different regions of Russia, this amount may differ slightly.

For your information! A single mother loses the right to double deduction when the child turns 18 and in the event of marriage.

How can you defend your benefits?

Of course, the benefits written down on paper read beautifully and are reassuring. However, in reality, employers often violate the rights of single mothers. What to do in such situations? First you need to carefully study the sections of the Labor Code that protect the beneficiary in the current situation. The next step is to contact the state labor inspectorate, court or prosecutor's office.

But before contacting government human rights bodies, a woman with the status of a single mother should submit a complaint to her employer indicating the violation that occurred.

If there is no reaction, then justice will have to be restored in law enforcement agencies, preferably in the state labor inspectorate.

Employees of this organization are obliged to study, confirm the violation, and then punish the violator.

Current questions and answers

Question No. 1: Does a single mother have any preferences when she takes sick leave to care for a sick child? Answer: The Labor Code of the Russian Federation establishes the following standards for single women raising children:

• if the child is of preschool age, then sick leave of any duration is paid 100%;
• if the child is of school age (7 – 15 years), then only 15 days of sick leave are paid;
• if a child is treated on an outpatient basis, then 100% payment is given for 10 days, the remaining funds are paid in the amount of 50% of earnings.

Question No. 2: What documents are needed to obtain a single mother’s certificate? Answer: The social service provides:

• statement;
• single mother passport;
• certificates confirming the birth of offspring;
• paper from the house management indicating the joint place of residence of the children and their mother;
• a document from the tax service (2-NDFL) about the availability of income and payment of taxes;
• certificate from the registry office F-25.

Question No. 3: In what cases are they not given a certificate for the status of a single mother? Answer: A woman raising a child on her own cannot always receive this status.

The reason for refusal to obtain a certificate may be circumstances such as: receipt of alimony payments after a divorce; the child was born after a divorce within 300 days (this indicates the presence of a father); the father of the offspring confirmed paternity, but the spouses do not live together; the baby was born after the death of his father within 300 days; the son's father lost his paternal rights by court decision. The basis for refusal to assign the status of a single mother is the marking of the father’s initials in the child’s birth document.

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Source: https://SocLgoty.ru/lgoty/materi-odinochke/trudovye-lgoty.html

Single mother status or alimony: which is more profitable and reliable?

The status of a single mother in our country will no longer surprise anyone. This is a special status designed to provide women raising their children on their own with good living conditions and guarantee social rights given by the Constitution of the Russian Federation. With this status, you can receive special privileges and social benefits, in addition, single mothers receive child benefits. But still some women decide to establish paternity. Today we will talk about what is more profitable: leaving the status of a single mother or alimony is more profitable?

The status of a single mother is automatically removed after paternity is established and the “father” column is filled out in the child’s birth certificate. At the same time, she receives the right to file for alimony.

Who can get single mother status?

Contrary to public opinion, a single mother is not a woman who divorced her child's father.

Grounds for a woman to become a single mother:

1. Birth of a child:
   1. Outside of legal marriage;
   2. After 300 days from the date of divorce.
2. Refusal of the child's father to acknowledge his paternity;
3. Obtaining a child’s birth certificate without indicating his father (a dash or indicating one name);
4. Failure to establish paternity;
5. Sole adoption of a child;
6. Refuting paternity in court.

In other words, it is possible to obtain the status of a single mother only if there is no information about the child’s father. In addition, if a woman points to one man, but he does not confirm his paternity, then she also receives the status of a single mother.

Who can't get single mother status?

It is not always the case that a mother raising a child on her own can receive benefits from the state. So, women cannot obtain single mother status:

• Mothers who are in divorce proceedings or have recently filed for divorce;
• If the child's father was deprived of parental rights, this does not give the right to the status of a single mother;
• Mothers who gave birth to their child in a legal marriage;
• Women who gave birth within 300 days after:
  • After divorce;
  • After the death of the legal husband;
  • Recognition of marriage as invalid.
• Unmarried women whose child’s birth certificate has the father column filled in, even if the child’s father:
  • Avoids alimony;
  • Lives separately;
  • I don’t know my child;
  • Recognizes his paternity, but does not participate in the educational process.
• The mother of a child who voluntarily refused the help of a man recognized as the blood father:
  • By the voluntary consent of the man;
  • Legally;
  • Judicially.

The legal husband is automatically considered the biological father of the wife's child. If he has evidence that the child is not his own, he can refute paternity in court.

Advantages of being a single mother: benefits, payments and allowances

Single mothers need special social protection from the state; it is for this reason that, according to Russian legislation, they have the right to special federal benefits, benefits and payments after the birth of a child.

The most important benefits they receive relate to the Labor and Tax Code, as well as a number of social benefits. The main ones include:

1. Social benefits and payments:
   1. Compensation for the increase in the cost of living if the child is under 16 years old (for full-time education up to 18 years old) – 300 rubles. monthly;
   2. Compensation for food if the father evades child support or the child’s mother is single, for children under three years old - 675 rubles. monthly;
   3. Allowance for caring for a disabled child of group 1 or 1 until he reaches the age of 18 (except for up to 23 years if the child cannot work) - 6,000 rubles. per month;
   4. Benefit for single mothers whose total monthly income is less than the minimum subsistence level established in the region of residence;
2. Monthly allowance for single mothers to ensure the child’s standard of living:
   1. For children from 9 to 1.5 years old – 2,500 rubles. per month;
   2. For children from 1.5 to 3 years – 4,500 rubles. per month;
   3. For children from 3 to 18 years old – 2,500 rubles. per month.

To receive benefits for single mothers, you need to contact the territorial department of social protection with a certificate of income for the previous 3 months. As a rule, the application is submitted after leaving maternity leave, so that maternity payments do not fall into income.

1. Labor benefits and guarantees:
   1. Has the right to work part-time at his own discretion until the child reaches 14 years of age;
   2. If the child is under 14 years old, then a single mother cannot be fired unless she has a series of disciplinary violations:
      1. To reduce the number of employees at the enterprise;
      2. When there is a change in management;

• Due to inconsistency with the qualifications of the position held.

1. If the employer decides to liquidate the company and reduce staff, the single mother will definitely get another job;
2. Benefit for caring for a sick child:
   1. For inpatient treatment, the amount is calculated based on the work experience of a single mother;
   2. For outpatient treatment, a single mother will receive 100% of the salary in the first 10 days of illness, and 50% will be paid for the remaining time.

• Payment of sick leave without restrictions, if the child is under 7 years old, if older, then payment is only 15 days.

1. The right to leave at your own expense for up to two weeks at any time, at the request of a single mother;
2. Single mother will not work:
   1. Overtime;
   2. At night time;

• On holidays and weekends.

1. Tax benefits for single mothers:
   1. Double deduction in connection with the maintenance of minor children;
   2. A double deduction can be maintained if the child is a full-time student (up to 24 years old).

Read also: Genetic examination for paternity: through the court, price Moscow and St. Petersburg

In addition, a single mother can claim additional benefits from the law to improve the living conditions of herself and her children. Additional benefits for single mothers who do not receive child support include:

• Free baby underwear for newborn baby;
• Removal of the obligation to pay for the removal of food and household waste, as well as cleaning the common area of ​​an apartment building, until the child reaches 1.5 years of age;
• Free baby food in the dairy kitchen (milk, cottage cheese, etc.) - up to 2 years;
• Discount on the purchase of medicines and children's medicines with a discount of up to 50%;
• Free use and visits to children's doctors and massage rooms in a children's clinic at the place of residence;
• Two free meals a day for children studying in general education institutions;
• Discount (30%) on fees for additional educational institutions, clubs, sections, art and music schools, etc.

In addition, children of single mothers have benefits when entering kindergartens: no waiting list for enrollment and a 50% discount on fees. Some regions, in turn, are trying to provide single mothers with the right to receive a free sanatorium voucher to a Russian sanatorium or resort annually, as well as to a children's away camp.

How to get child support for a single mother?

Despite all the above benefits and benefits, which are designed to simplify the life of single women. It is for this reason that many of them, knowing the biological father of the child, are faced with the choice of what is more profitable: a single mother or alimony. And how to get child support from the child's father.

If a single mother receives child support, she will automatically be deprived of the status and social benefits for single mothers and other social and labor guarantees.

First of all, in order for a single mother to receive alimony, she needs to prove the paternity of the child's alleged father. This is a mandatory item for alimony registration. In addition, to receive alimony from a common-law husband, you will also have to establish the relationship between the man and the child.

So, you can establish paternity and receive alimony for a child born out of wedlock:

• Voluntarily, with the consent of the child’s father to include his name in the child’s birth certificate;
• In court, by filing a claim to establish the paternity of the child's alleged biological father.

If the plaintiff provides insufficient evidence of the man’s biological paternity, the judge will refuse to receive alimony, and if she has already received alimony, the payer will be able to issue a refund of the amounts paid.

What is more profitable: a single mother or child support?

We will not touch upon psychological analysis of questions about what a woman should choose. Single mother status or alimony have the same goal - to protect the interests of the child and his right to receive financial assistance from both parents. The only difference: with the status of a single mother, instead of help from the child’s father, she receives help from the state.

The main advantages of being a mother of a child:

1. Guaranteed support from the state;
2. Often, payments for a child are greater than child support from the child’s father (unemployed, disabled, hiding real income, etc.);
3. A man who pays child support will be able, upon receipt of incapacity for work, to demand alimony for his support from his already grown son or daughter.

In addition, a single mother is deprived of labor, tax and social benefits, but at the same time she cannot be insured against evasion of the payer, loss of his job, as well as a reduction in alimony through the court and other changes for the worse.

However, one cannot fail to note the advantages of child support:

1. The amount of child benefit and other government payments per child is often small and hardly covers the cost of feeding the child;
2. If the child’s father has a stable, high income, then child support will be significantly higher than child benefit;
3. Often, maintaining a job during liquidation of an enterprise is more important for the mother of a child than receiving alimony.

How to establish paternity and receive child support?

If, when choosing: a single mother or alimony, a woman decides to collect payments for the child, then she needs to file an application to establish paternity with the court at the place of registration of herself or the alleged father of the child.

The application must indicate the following information:

1. Full name of the court, address of its location and full name of the judge;
2. Personal information about the parties to the case (plaintiff and defendant):
   1. Full name, date of birth;
   2. Registration address.
3. Name of the document – ​​Statement of claim to establish paternity and collect alimony for a minor child;
4. Abstract description of the case:
   1. Relationship with the defendant;
   2. Child's full name, date of birth;
   3. Evidence of joint residence and ownership of property and other circumstances.
5. List of evidence of biological paternity of the defendant;
6. The requirement is to establish paternity and establish payment of child support;
7. List of attached documents:
   1. Applicant's passport;
   2. Child's birth certificate;
   3. The result of a medical genetic examination to establish paternity;
   4. Other evidence of paternity;
   5. Certificate of income and statement of employment for both parties;
   6. Receipt for payment of state duty.
8. Date and signature of the applicant.

You can download a sample claim to establish paternity at this address.

Parents should consider drawing up a document confirming the transfer of child support money. According to Art. 808 of the Civil Code of the Russian Federation, receipt - confirmation of the transfer of money or material assets in a certain quantity. Also, in accordance with the Resolution of the Federal Arbitration Court of the North-Western District dated August 11, 2010 on office work No. A56-69901/2009, the receipt is the appropriate evidence to confirm the fact of the transfer of funds and the absence of debt. Therefore, the execution of the document is a guarantee of protecting the interests of participants in possible legal proceedings.

Conclusion

So, when deciding for yourself what is more profitable: single mother status or alimony, you need to carefully:

• calculate total government assistance;
• compare it with the estimated amount of alimony.

In addition, do not forget that according to the Family Code, the alimony payer is provided with many legal ways to reduce alimony.

Therefore, many women, choosing “single mother or alimony” in the question, decide to remain in a preferential position with the state, rather than indulge themselves with illusions about huge, but unrealistic child support.

Moreover, the father cannot guarantee benefits upon admission, while the state helps with education, medical care and payment for medicines and food for the newborn.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

Source: https://rualimenty.ru/mat-odinochka-ili-alimenty/

Benefits, benefits and alimony payments to single mothers in 2019

The current legislation of the Russian Federation includes rules according to which a single mother can receive money to support her child.

The concept of “Alimony” implies financial assistance, which is paid once a month (per quarter, per year). It is worth noting that alimony is a mandatory payment that one spouse provides to the other, most often a husband to his wife.

In most cases, child support is paid until the child reaches the age of majority (18 years old). Not only in our country, but also in many countries around the world, it is generally accepted that the father is responsible for alimony, and in very rare cases the mother pays alimony.

In this article we will look at whether a single mother can receive alimony from her ex-husband, and what if the child does not have a father according to documents?

How to get single mother status

A single mother is a woman whose child does not have information about the father on the birth certificate. That is, the mother carried and gave birth to her baby, however, she was unable or did not want to create a family for him - paternity is not recorded:

• the parents did not submit a paternity application to the registry office;
• there is no court decision to confirm paternity.

A single mother is a woman who:

• the children were not born during marriage, or were born no later than 300 days after the date of divorce;
• whose child was officially registered in the documents of her ex-husband, but there is a resolution that the ex-husband is not the father of this child.

Who is NOT a single mother?

It is equally important to find out which category of women does not belong to single mothers.

• women who are divorced (or divorce proceedings have just begun). That is, at the moment the mother is not raising the child in a complete family, and she is unable to receive alimony from her husband.
• women for whom the birth of a baby occurred during the official validity of the marriage or no later than 300 days after the date of divorce, recognition of the marriage as invalid or the death of the husband.
• the child is registered in the name of the ex-husband, even if he is not his biological father.
• single mothers who have not entered into a marriage, raising children themselves, who are in a “civil marriage”. The paternity of the children was not supported by documents voluntarily.
• a woman whose child's father was deprived of parental rights in court.

Payments and benefits

This category of citizens has the right to receive child benefits in accordance with the legislation of the Russian Federation. It is worth noting: the list of payments and benefits in this case is extensive.

Based on the labor, housing, family and tax codes of the Russian Federation, single mothers have the right to receive benefits and certain social guarantees.

As for additional benefits, their amount is regulated by the local authorities of the region where the citizen lives.

Labor benefits

Let's consider labor benefits and payments for single mothers.

• If a woman works in a company and has a teenage child under the age of 14, the director cannot fire her (the composition of the management may change, and this will still not be grounds for dismissal). Proof of inadequacy of qualifications is also not an argument for dismissal. There is only one exception - if a citizen does not comply with the requirements and rules of the company where she works, that is, she grossly violates them, she may be fired.
• If the company where the single mother works is liquidated, management is obliged to find a new place of work and, possibly, a new position for the employee.
• If her child gets sick, the mother is entitled to benefits for the period of care (sick leave payments). In the case of inpatient treatment of a child, the calculation of labor benefits is made taking into account the length of service. For outpatient treatment of a child, the benefit is given in full for the first 10 days, and in the following days - in the amount of 50% of the salary.
• If a single mother is caring for a sick child under 7 years of age, payments for his care are made in full. If the child is over 7 years old, a single mother has the right to receive 15 calendar days of leave.
• According to the labor legislation of the Russian Federation, an employer cannot give single mothers: night shifts, overtime work, on holidays and weekends (in such a situation, her voluntary consent is required).

Single mothers have many labor benefits even when applying for a job, but when hiring, an employer cannot provide them due to the presence of children.

Tax deduction for single mothers

A tax deduction is a reduction in the income tax base for social deductions. This deduction allows you to reduce tax payments.

If a mother raises children without the help of her husband, she has the right to receive a tax deduction for the maintenance of children until they reach the age of majority (18 years).

If the child is a university student, you can count on using the deduction until the age of 24. This means that some income will not be subject to income tax.

Social benefits

For single mothers, the state has provided the following social benefits:

• A woman has the right to receive free underwear for her newborn.
• A single mother may refuse to pay for waste removal and cleaning in the area where she lives (if her child

Source: https://pravsam.ru/razvod/vidy/vyplaty-po-alimentam-materyam-odinochkam.html

How is annual leave granted to a single mother?

These include labor:

• restrictions on working hours at night;
• assignments on business trips, additional workload for hours, involvement in work on non-working days and holidays;
• additional leave;
• the possibility of providing a preferential labor regime - part-time work;
• provision of additional days off for the purpose of caring for disabled children;
• special cases of dismissal.

According to the law, single mothers can be involved in night work only on the basis of shift consent. If the employee refuses, the employer does not have the right to impose a disciplinary sanction on her. Women are sent on business trips only with their written consent. There is also the issue of difficulty on weekends and holidays.

Read also: Power of attorney to pick up a child from kindergarten: sample

You cannot reduce the salary of a single mother with a child under 14 years old You cannot refuse to hire (in case of refusal, the employer must provide the reason for the refusal in writing and such refusal can be appealed in court) You cannot fire a single mother with a child under 14 years old (except in the case of liquidation of an enterprise) It is impossible to send a single mother with a child under 14 years of age on a business trip without consent. In taxation, single mothers are provided with benefits in the form of a reduction in the amount of the total monthly taxable income by the amount of the tax social benefit. Is a single mother entitled to additional leave? It is provided in addition to the main one and is not paid for. These additional free days are provided upon request and upon request. Moreover, she has the right to take her vacation at any time convenient for her, for example, to add these 14 days to her main vacation.

Providing regular leave for a single mother

Important

According to the Labor Code of the Russian Federation, leave is granted to every employee, regardless of gender, age and social status. How leave is provided to single mothers in Part Four of Art.

123 of the Labor Code of the Russian Federation establishes that certain categories of workers, in cases provided for by the Labor Code of the Russian Federation and other federal laws, are provided with an annual salary at their request at a time convenient for them.

However, neither the Labor Code of the Russian Federation nor other federal laws stipulate that single mothers with two children have the right to use vacation at a time convenient for them.

At the same time, the right of a woman with two or more children under the age of 12 to receive annual leave in the summer or other time convenient for them was established in paragraphs. How to fire a single mother The Labor Code of the Russian Federation does not have a clear definition of the concept of “single mother”.

How leave is granted to single mothers

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. But this is only if the collective agreement provides for a guarantee of additional annual leave without pay.

Right to leave for a single mother

Attention

To receive such additional leave, a woman who is raising a child alone must provide to the accounting department of the enterprise where she will receive such additional leave, a certificate from the registry office stating that she is not married or is a widow, a certificate from the Ministry of Internal Affairs that her husband is considered missing, etc.

In most cases, additional leave is provided along with the main one, but at the request of the employee, all such leave (including additional) can be “broken” into parts. 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? In accordance with Art.

122, 123 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually in accordance with the vacation schedule. Part 4 of Art.

Labor Code Article 263 of the Labor Code of the Russian Federation determines the procedure and rules for registering leave. It also regulates the issue of payment and the number of days. 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.

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 2017 did not change and remained the same as before.

Code). The leave noted in part one of this article is granted in addition to the annual leave provided for in Articles 75 and 76 of this Code, as well as in addition to the annual leave established by other laws and regulations 1. Leave for children. Legislation.

According to Article 19 of the Leave Law, additional leave is provided to employees with children.

A woman who works and has two or more children under the age of 15, or a disabled child, or who has adopted a child, a single mother, a father who is raising a child without a mother (including in the case of a long stay of the mother in a medical institution) , as well as the person who has taken custody of the child is granted an annual additional paid leave of 10 calendar days, excluding holidays and non-working days. For example, a child was born on December 31, 2009.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months (as amended by Federal Law dated June 30.

2006 N 90-FZ) Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it; employees under the age of eighteen; employees who have adopted a child (children) aged up to three months; in other cases provided for by federal laws. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer. Article 123.
To receive additional social leave, a single mother, that is, a woman who is not married and whose child’s birth certificate does not contain an entry about the child’s father or whose entry about the father was made in the prescribed manner at the direction of the mother, provides the employer with a copy of the birth certificate the child and a certificate from the civil registry office on the grounds for entering information about the child’s father into the birth register; a woman who is a widow - a copy of the child’s birth certificate and a copy of the husband’s death certificate. Consequently, if a woman really is a single mother, she confirms this with a certificate from the civil registration authorities.

Source: https://dtpstory.ru/kak-predostavlyaetsya-ezhegodnyj-otpusk-materi-odinochke/

Rights of a single mother: what kind of help can you expect from the state and at work?

The number of families in Russia in 2017, according to statistics, was more than 17 million. Of these, more than 5 million are single-parent families of single mothers and children.

Basically, such families are formed as a result of divorce or death of a spouse. Also, single-parent families are replenished with mothers giving birth to children without getting married.

What rights do single mothers have? What support measures can single mothers expect from the state?

Who gets single mother status?

At the legislative level, the definition of the status of a single mother is not established.

In the generally accepted understanding, a single mother is a woman who has given birth to a child outside of marriage, whose paternity has not been officially registered.

The birth document contains no information about the child's father. The mother writes it down under her last name, and the middle name can be any. The status is valid until the children reach adulthood.

What rights and benefits does a single mother have in Russia?

A single mother has the same rights and privileges as families with children. At the federal level, special rights and benefits for single mothers are not established. However, as well as women raising children in single-parent families and who do not have the status of single mothers.

The exceptions are the provisions of the Tax Code and Labor Code. Also, measures to provide assistance to single parents are provided for by regional legislation and social protection authorities.

According to the Labor and Tax Code

The Labor Code establishes restrictions on the dismissal of single mothers and assignment to work outside the approved schedule. The right to additional days of rest is provided.

An employer cannot call single mothers to work at odd hours without their personal consent. You will need to obtain the mother's written consent to work under the following circumstances:

• night shift work if the only parent has children under five years of age;
• additional work on a day off or beyond the established working hours of the company if the employee has a child under three years of age;
• sending a mother on business trips who has a child no older than three years of age.

The mother of a child under 14 years of age or a disabled person under 18 years of age has the right to apply to management with a request to establish a shorter working day for her and choose a convenient schedule. In this case, wages will be calculated for hours worked or at piece rates for work performed.

If an employee has a disabled child, she is entitled to four more days of rest with pay at the average salary. Rural workers have the right to an additional day off.

Dismissal of women raising minor children is permitted in accordance with the provisions of the Labor Code. Grounds for dismissal:

• Liquidation of company;
• regular failure to fulfill one's duties;
• imposition of disciplinary sanctions;
• submission of invalid documents when applying for a job.

Tax law provides for the right to double standard deductions for single parents when calculating income taxes for children under eighteen years of age, and for full-time education - up to twenty-four years of age. Standard deductions are provided in the following amounts:

• for two children – 2,800 rubles;
• for the next child – 6,000 rubles;
• for a disabled child – 24,000 rubles.

When setting up and attending children’s kindergarten, school, clubs and sections

The establishment of benefits, compensation for fees for supervision and care, and the procedure for admitting children to preschool and educational organizations is provided to the constituent entities of the Russian Federation. Some regions have introduced benefits for priority admission of children from single-parent families to kindergartens (Moscow, Irkutsk region).

Reimbursement of fees for visiting preschool institutions is provided in the following amount:

• 25 percent per child;
• 50 – on the second
• 70 – for the third and other children.

The detailed procedure for processing compensation and the list of documents can be clarified at local social security offices.

Currently, nursery groups in preschool institutions are reopening in many cities of Russia. This will help solve financial problems for single parents. Two months after the birth of the child, the mother will be able to go to work and improve her financial situation.

Regional programs provide annual assistance to such families when purchasing school supplies. In addition, children are paid for meals at school.

When receiving medical services

Mothers have the opportunity to receive medications prescribed by the pediatrician free of charge. The benefit is provided in the following cases:

• treatment of children under three years of age;
• treatment of a child not older than six years of age in a large family;
• recognition of a low-income family.

Mothers are paid benefits for incapacity for work related to caring for a sick child. For the year, payment is limited to periods exceeding:

• 90 days - for a child under seven years of age for diseases defined in a special list, and 60 days - in other cases;
• 45 days – for a child from seven to fifteen years old;
• 120 days - when caring for a disabled person no older than eighteen years.

The accrual of benefits is calculated based on the average level of earnings and insurance coverage of the mother. The ratios are set to the following values:

• up to 5 years – 60 percent;
• from 5 to 8 years – 80 percent;
• 8 years or more – 100 percent.

Also, when calculating benefits, the method of treatment is taken into account. The payment procedure is:

• for outpatient treatment, payment is made for the first 10 calendar days based on the insurance period, for the remaining days - at a rate of 50 percent;
• Inpatient treatment is paid according to the insurance period.

When solving housing problems

To solve housing problems, the state has created social programs. These include:

• maternity capital paid for the second (or subsequent) child upon his birth no earlier than 2007;
• housing projects “Young Family” and “Housing for the Russian Family”;
• preferential mortgage at 6 percent.

Social benefits for children of single mothers

To assist parents from single-parent and single-parent families, special payments and benefits are provided. The list includes:

• benefits for pregnant women who registered early;
• payment for maternity leave;
• childbirth benefit;
• child care allowance;
• monthly payments to low-income families for the first child;
• monthly payments from MSC for the second child;
• regional maternal capital at the birth of children.

In addition, social protection institutions in the regions provide additional assistance to single mothers in the form of benefits. More information about current assistance measures in the region can be found in the local social security office.

Source: https://SemPravorf.ru/posobiya/prava-materi-odinochki.html