Day off for families with many children: extra for mother and father

Citizens with a large number of children are considered socially protected persons in the Russian Federation. They have various privileges in social and legal relations. There are also special benefits for people with many children at work.

The concept of having many children is not clearly regulated by federal domestic legislation. The only legal acts containing a reference to such a term are Presidential Decree No. 431 of May 5, 1992.

“On measures for social support of large families” and developed by the government to standardize and define concepts in the field of social services for the population GOST-R 52495-2005.

These legislative acts indicate that the formulation of the threshold determining large families falls within the competence of regional authorities.

Content
  1. Who is classified as having many children?
  2. What benefits are available to people with many children at work?
  3. Privileges of a mother of many children
  4. Labor benefits for fathers with many children
  5. Last changes
  6. Additional days off for parents with many children in Russia
  7. The concept of additional days off for parents with many children, conditions for receiving and regulations
  8. The procedure for providing additional days off to a parent with many children
  9. Features of providing leave to parents with many children in 2019
  10. Additional leave for parents with many children in 2019
  11. What does the legislation say?
  12. Vacation highlights
  13. Conditions for granting preferential leave
  14. Getting extra days off
  15. Is it possible to choose the time period of vacation?
  16. Vacation rules
  17. Sequencing
  18. Conclusion
  19. Additional day off for families with many children
  20. How is an additional day off per week provided to mothers with many children?
  21. Are there additional days of rest for families with many children?
  22. Additional day off for parents with many children
  23. Vacation for parents with many children in 2018
  24. What rights does a mother and father of many children have at work according to the labor code?
  25. Additional day off for parents with many children
  26. Labor Code of the Russian Federation – leave for parents with many children
  27. Providing leave to mothers of many children
  28. Benefits and rights of people with many children at work in 2018
  29. Additional day off for parents with many children
  30. On providing 1 paid day off per week for families with many children
  31. The right to a weekly paid day off for parents in large families
  32. 4 Additional Days Off for Parents with Many Children
  33. Additional day off for families with many children
  34. Additional leave for parents with many children in 2020: conditions and procedure for provision
  35. Additional day off for families with many children
  36. Additional leave for parents with many children
  37. Additional day off for parents with many children in Russia
  38. Features of leave for parents with many children under the Labor Code
  39. Providing additional leave for parents with many children
  40. Goodwill Help for families, children and single people

Who is classified as having many children?

These, as a general rule, include families (single parents) with at least three minor children. But the Program for Supporting Large Families in the Russian Federation for 2008-2015. states that in the constituent entities of the Russian Federation, where there is positive natural population growth, to acquire the status of large families, it is necessary that there are at least 4 such children in the family.

Similar standards are contained in the Program for 2010-2015. Large families are recognized:

  • for families with 3 or more children under 18 years of age - only for regions with a negative rate of natural population growth;
  • for families with 4 or more children under 18 years of age - for regions with positive demographic growth rates.

Important! Moreover, in the case of full-time education of children in institutions of secondary vocational and higher vocational education, the status of having many children is retained by the family until the child reaches 22 years of age. Download for viewing and printing:

Decree of the President of the Russian Federation of May 5, 1992 N 431 “On measures for social support of large families”

In any case, a family with many children according to regional standards can count on certain government support.

What benefits are available to people with many children at work?

According to general standards, families with at least three minor children are still considered to have many children. But in some regions the number of such children for the official status of a large family should reach four. However, this does not apply to the world of work. General rules apply here.

Privileges of a mother of many children

All available labor rights and benefits for mothers of many children at work are regulated by the norms of the Labor Code of the Russian Federation. There are no other federal benefits for working mothers of many children in the sphere of labor and at work.

It should be noted that the Labor Code of the Russian Federation also does not contain a separate section on the benefits and privileges of mothers of many children at work. There is only one article devoted to this - 261.

Moreover, it talks about the only breadwinner in the family. The second parent must not be in an employment relationship. Only in this situation is it not permitted to terminate an employment contract at the initiative of the employer with an employee raising 3 or more young children, one of whom must be no more than 3 years old.

Exception:

  • repeated failure by an employee to perform work duties without good reason, if he already has a disciplinary sanction;
  • a one-time gross violation by an employee of his work duties (absenteeism, divulging secrets, appearing at work under the influence of alcohol or drugs, etc.);
  • the employee commits guilty actions if his job duties involve servicing monetary or commodity assets;
  • the commission of an immoral act by an employee performing educational functions;
  • providing false documents to the employer when concluding an employment contract;
  • a single gross violation by the head of the organization or his deputy of his labor duties;
  • liquidation of the organization.

Important! There is no need to confirm having many children here. Birth certificates of children are sufficient. But a certificate or other documents indicating that the second parent is unemployed must be provided.

It is worth noting Article 262.2 of the Labor Code, which stipulates the right of employees with three or more children under the age of 12 to take annual paid leave at will at a time convenient for them.

All other norms of the Labor Code of the Russian Federation on family workers apply equally to all persons with children, without exception. Among them are the provisions that:

  • the mother of a child under 1.5 years of age is not given a probationary period for employment;
  • at the request of the mother of a young child or a disabled minor child, the employer must establish a part-time working day for her;
  • The mother of a child under 3 years of age is involved in night and overtime work, work on weekends and non-working holidays only with her written consent. The same rules apply to assignments on business trips.

It should be noted that all benefits provided to single mothers are equally applicable to single fathers and guardians (trustees) of minor children.

Labor benefits for fathers with many children

Also in the Labor Code of the Russian Federation there are benefits for a father with many children, provided to him at work. This is the norm that employees with 2 or more young children, if there are such provisions in the collective agreement, are granted 2 weeks of leave. At any suitable time in addition to the main one, but at your own expense.

However, if such conditions are not specified in the collective agreement, then the implementation of the right is impossible.

Attention! The list of labor privileges for workers with children is quite wide, but it only partially concerns the topic under consideration. Because it applies to all working people with children. And not designed personally for parents with many children.

Important! In October 2018

The Federation Council of the Russian Federation approved a law introducing additional labor benefits for parents of large families. According to the new norms, families with many children will be able to claim the right to priority in choosing when to grant vacations. But not all parents with many children will have such powers.

But only for those of them who are raising 3 or more children whose age does not reach 12 years.

In 2014, the Supreme Court of the Russian Federation expressed its unambiguous position on the labor issue of the rights granted by previously existing acts in the field of labor relations.

They have retained some of their power to this day. We were talking about the right to receive annual leave in the summer or other convenient period in the first place.

The Supreme Court of the Russian Federation confirmed by its act that clause “b” clause 3 of the joint Resolution No. 235 of the Council of Ministers of the USSR and the CPSU Central Committee of January 1981 on measures to strengthen state assistance to families with children does not conflict with the currently existing provisions of the Labor Code of the Russian Federation.

Namely: in terms of giving working mothers of 2 or more children under 12 years of age the right to choose exactly when (at what time of year) they need leave. Also, the Supreme Court of the Russian Federation refused to declare this paragraph of the Resolution invalid for the applicant.

On the same basis, there is no reason to believe that today the order of the Council of Ministers of the USSR No. 2275r dated October 30, 1985 is not in force. According to it, it is explained that the right discussed above also applies to working single fathers of 2 or more children under 12 years of age.

These rights are valid until the legal acts of the Soviet period are officially repealed. Or a federal law has not yet been adopted that addresses this issue differently.

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Last changes

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Video about what benefits a large family is entitled to.

Source: http://lgoty-vsem.ru/lgoty/lgoty-i-prava-mnogodetnyh-na-rabote.html

Additional days off for parents with many children in Russia

The Government of the Russian Federation strongly supports large families at the state level and provides them with a number of benefits. Additional days off for parents with many children is part of the preferences provided by law. We will talk about them in the material of this article. From it it will become clear who is entitled to them and how the procedure for their registration goes.

The concept of additional days off for parents with many children, conditions for receiving and regulations

Russia is a multinational state and in different parts of it, having three or more children is considered the norm. At the same time, the question of the mechanism for implementing social guarantees relating to large families becomes quite acute.

By the way, a large family is not just a collective concept. This is an official legal status specified in the Russian National Standard for Social Services to the Population, which can be obtained subject to certain conditions. The main one is the presence of three or more minor children in the family .

The status of a large family is lost if one of the children reaches 18 years of age or dies.

This standard, as well as a separate Presidential Decree, explains that benefits for large families may vary depending on the region of the country. Additional days off for parents with many children are not listed among the Labor Code of the Russian Federation, but there is an article.

263, which gives an employee raising two or more children the right to additional leave at his own expense.

In addition, special Decree of the Government of the Russian Federation No. 1048 regulates additional days off for parents of children with disabilities.

The above-mentioned articles are the main ones based on which you can get additional rest. In other cases, a mother or father with many children can receive the necessary days solely by the decision of the employer. This must be recorded in the labor and collective agreement of the enterprise.

The procedure for providing additional days off to a parent with many children

In most cases, employers take the position of an employee who has three or more dependent minor children and provide him with maximum preferences. However, like any personnel operation, the provision of additional days off to parents with many children must be properly formalized.

Before proceeding with the registration procedure, it is important to pay attention to the fact that the status of a large family requires documentary confirmation. The employee must have the original certificate of a parent with many children in his hands, otherwise there will be no grounds for granting days off.

Additional days off are provided to employees with many children based on a written application. It can be written either by hand or typed on a computer, but preference is given to the handwritten version.

The document is addressed to the first person of the enterprise, therefore his position, surname and initials should be reflected in the upper right part of the sheet. Below you need to reflect the details of the mother or father of the applicant with many children, namely full name, profession, and personnel number.

The text of the application must contain not only the employee’s desire to receive a day off, but also a link to the certificate of a large family, because this document will be the basis for granting an additional day off. A copy of it should be attached to the paper, while demonstrating to the personnel inspector the presence of the original.

If in a large family there are children with disabilities, then you must also remember to indicate this. In addition, a copy of the relevant certificate is attached to the application.

Mothers or fathers with many children are given an additional day off once a week. In total, there are four days off per month, to which both parents have the right, provided that they have not already been used by either of them at the time of filing the application. This fact should also be confirmed by a certificate from the second spouse’s place of work.

In addition to the certificate of a large family, you can attach to the application:

  • Certificate of marriage or divorce if the spouses are divorced;
  • Certificate of family composition;
  • Certificate from the social security authority;
  • If available, a current copy of the spouse’s work record.

Depending on the situation, the list of listed documents can be expanded if one of the spouses, for example, is convicted and is serving a sentence in a correctional institution. In this case, a copy of the court verdict will be required. If one of the parents is deprived of parental rights, then a court decision will also be required.

Having all the listed documents and having written an application, you can confidently submit the package of papers for consideration by the director. The more supporting documents, the less likely it is that the employee will be refused.

Touching upon the topic of refusal to provide additional days off to parents with many children, it is important to note that the employer may legally not provide them if the employee is deprived of parental rights. The fact that a child is on state support is also a good reason to refuse.

The statement signed by the parties serves as the basis for drawing up an order to grant days off. It is also important to familiarize an employee with many children with this document against signature.

Read also: How to get housing for a single mother in 2020?

Features of providing leave to parents with many children in 2019

As of today, there have been no changes in the country's legislation regarding the issue under consideration. However, depending on the region, there are certain differences in the status of large families.

For example, in the Republic of Ingushetia, a family with at least five children can be recognized as such. On average in Russia, the so-called “children’s threshold” is no less than three children. It is important for workers to pay attention to these factors and monitor updates to regional legislation.

If a child has reached the age of majority, his conscription into the army can extend the relevance of the status of a large family. This is possible, for example, in the Oryol region and the Jewish Autonomous Region.

One of the main features of receiving additional days off, as well as other benefits, is the need for family members to live in the territory of one subject of the Russian Federation. In addition, the father and mother must have Russian citizenship. Otherwise, benefits may not be provided.

The social security policy for families with a large number of children is being actively developed by the state, but in terms of labor legislation there are few opportunities to provide parents with days off. The main focus is on utility, tax and pension benefits, as well as assistance directly to children.

Summarizing the above, it should be noted that in Russia an additional day off is provided to parents with many children, however, in order to receive it, you need to have a number of documents confirming your status.

In addition, receipt largely depends on regional characteristics and the will of the enterprise administration. The employer may refuse to provide it. However, each refusal can be appealed in court.

The director of any company must understand this and enter into the position of any employee, especially representatives of preferential categories.

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Source: https://delatdelo.com/organizaciya-biznesa/dopolnitelnye-vyhodnye-dni-mnogodetnym-roditelyam.html

Additional leave for parents with many children in 2019

I am a young mother of three minor children and am officially employed at one of the largest enterprises in our city. Just a month ago I returned from maternity leave to care for my third child, and since I have the official status of a mother of many children, I decided to figure out what benefits I was entitled to.

Most of all I was interested in the question of whether parents with many children are entitled to additional leave in 2019, what the legislation says and what features accompany leave for parents with many children. I received answers to my questions from a lawyer of our organization and I hasten to share such useful information with you.

What does the legislation say?

Carefully analyzing the modern requirements of the Labor Code of the Russian Federation, the conclusion automatically comes that for modern officially employed parents of three or more children, there are some preferential vacation offers, which few people know about.

Such ignorance is unacceptable, since employees themselves are responsible for initiating the receipt of vacation benefits. The father or mother must provide the HR department with a request for the next scheduled vacation, copies of documents for born or adopted children and other necessary papers and certificates.

So, does modern legislation provide for additional vacation days for parents with many children? Speaking about ordinary paid legal leave, it can be noted that there is no provision for increasing its duration for such employees. For employees in this category, a different law applies, which needs to be studied in more detail.

Additional days of vacation as an extension of the required annual rest are not provided for by law.

Such an issue can only be resolved within the framework of a collective official labor agreement.

In other words, the manager himself decides the issue of assigning benefits in the form of several fully paid additional days for parents with many children working for him.

These persons, according to Article 263 of the modern Labor Code, fall under a special category of employees who have the right to take advantage of only unpaid additional vacation days.

The total legal duration of such rest does not exceed 14 full days.

If the decision regarding paid additional leave is made solely by the employer, then the manager does not have the right to deny his employees this type of leave.

Vacation highlights

Today, parents who are raising three or more children who have not reached adulthood are recognized as having many children. Benefits for having many children can only be provided if you meet the age requirements at the time of registration.

The described official status is revoked as soon as the elder reaches full majority or the established age limit. Also, benefits are lost if a child dies, if one of the parents is deprived of rights, sometimes even to one of the children.

The factor of relationship between children and their parents is unimportant. When establishing the status of large families, born and officially adopted children are taken into account in an equal position.

It is worth noting that in different localities of the Russian Federation the criteria for determining the status of large families are somewhat different.

For example, in one city children under 18 years of age are taken into account, in another up to 23 years of age, but only if they receive education at a university and strictly full-time. Sometimes only children under 14 years of age are taken into account; in certain regions this may include children under 16 years of age.

In most regions, official labor agreements take into account all born or adopted children under 14 years of age and/or disabled people under 18 years of age when requesting additional leave. This condition is spelled out in the modern Labor Code, in Article 263.

The requirements of labor legislation are currently quite flexible. There are a huge number of additional branches. They can expand and supplement the general list of categories of persons who have a legal right to such benefits, all possible compensations and guarantees, and the variety of preferential offers themselves can also be slightly increased.

This suggests that the official employer has the legal right to consider a person with many children who has children from 16 to 18 years old, and in some situations even older, everything directly depends on his personal discretion and the characteristics of the enterprise. Often this category includes students who have reached the age of majority and are studying full-time at one of the universities.

Conditions for granting preferential leave

Additional unpaid leave for parents classified as having many children can only be obtained if they have certain documents:

  1. An application from one of the parents with many children for the provision of the required leave benefits.
  2. Copies of documents for born/adopted children.

When providing these documents, the employee may request that the additional unpaid leave required by law be added to the regular paid annual rest period.

If desired, such additional preferential leave can be used only when the need arises.

Officially, every parent with many children has the right to divide the additional 14 days given to them into parts.

If a person does not take advantage of the additional leave provided during the entire reporting year, it cannot be automatically transferred to the next reporting period.

Getting extra days off

Parents with many children have the full right to receive an additional 4 days off during the reporting year. Such days, unlike the 14-day vacation, are officially provided by the employer and must be paid by him. You can get such days off under the following conditions:

  • Only one parent can be given days. If they are divorced, but have completely equal rights to the children, the allotted time is divided into two days off for one parent and two for the other;
  • Weekends of such a plan cannot be considered a vacation or in any way overlap with such a vacation;
  • If a person does not use the paid days off provided by the additional plan, no compensation is provided for them;
  • The number of such days off is strictly unchanged. The time period is not affected by the number of children born or adopted in one family.

Additional days off are provided to employees solely on the basis of an appropriate, well-written application.

Is it possible to choose the time period of vacation?

Modern legislation does not provide for the ability for employees to independently choose the period of their required vacation. The decision on rest time is made solely by the employer, who is based on the internal work schedule of the enterprise. The exception is going on vacation without the possibility of keeping your salary.

If such a decision is made, the allotted vacation days are automatically added to the main one, they can be used at any time convenient for you, and if you wish, you can divide the provided vacation into several parts.

Vacation rules

Providing an additional vacation period for parents with many children is simple. The main condition here is that the employee writes a corresponding statement. It is compiled in free form, by hand, on a sheet of A4 paper. The request contains such important information as:

  • Full name of the applicant;
  • Category of vacation provided and desired time of rest;
  • Legal grounds for the required leave;
  • List of documents that are attached to the request.

The written application will need to be accompanied by a certificate confirming that during the reporting period the other parent did not use the required benefit. This could be a regular certificate from your workplace. You will also need to provide documents for the children. If the vacation period is due to parents who are raising a disabled person, they must provide an appropriate medical certificate.

Sequencing

Registration of additional leave for parents with many children consists of the following sequence of actions:

  1. Approximately two full weeks before the start of the required vacation, a request is written and given to personnel officers.
  2. An official order is issued.

At this point, the registration process is considered completely completed. Due to the fact that the leave is unpaid, you will not have to receive money from the accounting department according to the standard plan. The decision as to whether or not to grant an employee additional fully paid leave rests solely with the manager.

Conclusion

In order for parents with many children to take advantage of the vacation benefits entitled to them by law, they must carefully study their rights. Modern employers are usually in no hurry to officially voice such opportunities and offer something. Additional days of rest are provided strictly at the request of the employees themselves.

Source: https://grazhdaninu.com/trud/otpusk/dopolnitelnyiy-mnogodetnyim-roditelyam.html

Additional day off for families with many children

These include the possibility of postponing annual leave and the right to additional leave during the year. What are the features of vacations for parents with many children in Russia? Which employees of organizations can be considered parents of many children? Labor legislation considers as such persons who have two or more children under the age of 14 (for disabled children - 18 years). If we conduct a general assessment of the labor legislation of the Russian Federation, we can find that it does have certain benefits for parents with many children. Moreover, the latter may not even suspect their existence. At the same time, the employee himself must initiate the receipt of benefits, who submits copies of the children’s birth certificates to the HR department of the employing enterprise. It is advisable to consider the right to benefits for each type of leave.

Read also: Termination of an agreement to pay alimony: sample, judicial practice

How is an additional day off per week provided to mothers with many children?

All other norms of the Labor Code regarding family employees apply equally to all employees raising children. Here are the main points:

  • a mother raising a child under one and a half years old cannot be assigned a probationary period when hiring her;
  • at the written request of the mother of minor children or a child with disabilities, the employer is obliged to provide her with the opportunity to work on a reduced schedule;
  • A mother raising a child under three years of age may be required to work overtime and night work only with her written consent.

Also, a mother with many children can count on an extraordinary two-week vacation, but at her own expense. Otherwise, she has the same rights as other employees.

Are there additional days of rest for families with many children?

Attention: Rest is provided in accordance with the internal schedule of the organization. An exception to the rule is rest without pay. It can be:

  • use together with the main one;
  • divide into several parts;
  • use at a convenient time.

The woman determines the period for receiving the privilege independently.

Important The basis for granting a period is the application of a mother with many children. An employer cannot refuse to provide benefits for additional leave. Design Features To receive the required privileges, a mother of many children must contact the employer. To do this you will need to do the following:

  1. Select a suitable date if the person decides to take advantage of the benefit provided on the basis of Article 263 of the Labor Code of the Russian Federation, or wait until the deadline established in accordance with the schedule.
  2. To write an application.

Additional day off for parents with many children

Download for viewing and printing: Decree of the President of the Russian Federation of May 5, 1992

N 431 “On measures for social support of large families” In any case, a family with many children according to regional standards can count on certain state support.

What benefits are available to people with many children at work? According to general standards, families with more than three minor children are still considered to have many children.

There are no other federal benefits for working mothers of many children in the sphere of labor and at work.

Vacation for parents with many children in 2018

At the same time, the employee himself has the right to use all 4 days off, some of them, or even refuse this right. Additional days off should not be confused with additional vacation.

the latter, although it is an employee’s right, is not paid and can last up to 14 days a year. Peculiarities of registration of leave for mothers of many children Holidays are provided in accordance with the internal schedule of the organization.

An exception to the rule is rest without pay. It can be:

  • use together with the main one;
  • divide into several parts;
  • use at a convenient time.

The woman determines the period for receiving the privilege independently. The basis for granting a period is the application of a mother with many children. An employer cannot refuse to provide benefits for additional leave.

What rights does a mother and father of many children have at work according to the labor code?

Labor Code of the Russian Federation);

  • 14 days of additional leave for parents with many children, which is provided without pay;
  • 4 additional days off per month if employees have one or more disabled children.

It is worth especially emphasizing the fact that mothers and fathers with two or more children can use their annual paid and additional leave at a time convenient for them.

To resolve this issue, they will need to submit an application to the HR department before the start of the vacation schedule.

Both mother and father with two or more children have the primary right to distribute vacations within the framework of schedules drawn up at the enterprise.

In other words, HR employees add them to the list as a matter of priority, taking into account the vacation time that employees requested in their applications.

Additional day off for parents with many children

Child care may be grounds for granting time off. Attention, the Labor Code does not oblige the employer to provide additional paid leave to mothers with many children.

However, heads of organizations have the right to independently assign the above benefit. Article 263 of the Labor Code of the Russian Federation allows citizens with several children to rest without paying wages.

The duration of the additional period can be up to 14 days. The benefit can be used at any convenient time.

The privilege of additional leave for mothers with many children is granted once a year. The right of a mother of many children to leave Like any employee, a mother of many children has the right to receive annual paid leave. It is provided in accordance with Article 115 of the Labor Code of the Russian Federation.

The duration of rest should not be less than 28 days per year.

Labor Code of the Russian Federation – leave for parents with many children

As a general rule, these include families (single parents) with at least three minor children. But the Program for Supporting Large Families in the Russian Federation for 2008-2015.

states that in the constituent entities of the Russian Federation, where there is a favorable demographic situation, in order to acquire the status of having many children, it is necessary that there be at least 4 such children in the family.

Similar standards are contained in the Program for 2010-2018. Large families are recognized:

  • for families with 3 or more children under 18 years of age - only for regions with a negative indicator of biological population growth;
  • for families with 4 or more children under 18 years of age - for regions with positive demographic growth rates.

Important! Moreover, in the case of full-time education of children in institutions of secondary vocational and higher vocational education, the status of having many children is retained by the family until the child reaches 22 years of age.

Providing leave to mothers of many children

Also, in accordance with the norms of the Russian Labor Code, fathers at work may be provided with the following types of benefits:

  • vacation at a time convenient for the employee, especially if he needs to care for a disabled child who has not reached the age of majority;
  • two-week vacation, provided that this condition is in the local acts of the organization;
  • at least four additional days off per month, provided that the employee is raising a disabled child;
  • A father with many children can be sent on a business trip or involved in overtime work only with his direct consent, formalized in writing, and he must have children under five years of age or a disabled child in his care.

Otherwise, the privileges will not differ from those provided for mothers of many children.

Benefits and rights of people with many children at work in 2018

However, according to the Program for Support of Large Families in effect in the Russian Federation, if there is demographic growth in the region, then to obtain this status it is necessary to have more than four children in the family. Families with many children are recognized as:

  • with more than three children under age - only in regions where overall population growth is negative;
  • with the presence of more than four children under the age of majority - in regions where the demographic rate of population growth is constantly growing.

It should be noted that if children are enrolled in full-time education in educational institutions of secondary vocational education or at a university, in this case the family will be considered large until the child turns 22 years old.

Additional day off for parents with many children

Their consideration together with the legislative documents of the Russian Federation allows us to form a general picture of vacations for employees with two or more children.

It is important to point out the fact that citizens under the age of 14 are considered children, since at this age they still need the attention and care of their parents.

If a child (children) is disabled, then it is considered that he needs active guardianship from his parents for 18 years (until reaching adulthood). In general, workers with two or more children in Russia can count on the following types of leave:

  • 28 days of annual paid leave (Art.

Source: https://departamentsud.ru/dopolnitelnyj-vyhodnoj-den-dlya-mnogodetnyh/

On providing 1 paid day off per week for families with many children

Girls, are there any lawyers among you, the question is the following, I found an article on the internet that one of the parents with many children is given 1 paid day off per week, does this law apply in Moscow and the Moscow region? Here is the article

The right to a weekly paid day off for parents in large families

Parents with many children have the right to one paid free day per week if they are raising three or more children under the age of sixteen.[∗]

In this case, the following conditions must be met:[∗]

  • the employee must be employed at work for 5 or 6 working days with a weekly working time of at least 40 hours (in this case, the paid day off itself is included in the working time);
  • the other parent in a two-parent family must also work (engage in other activities to be considered employed) or have limited ability to work;

In a two-parent family, the right to a free day per week can be used by the mother or father, or can be divided between them.[∗]

The specific day of the week on which the day off will be provided is chosen by the employee and agreed with the employer.[∗]

  • Documents for receiving additional paid time off

To receive additional paid time off, you must provide the following documents at your place of work:[∗]

  • an application in the prescribed form indicating the selected day of the week and the period(s) of the calendar year in which the employee wishes to exercise the right to a free day per week;
  • birth certificate of the child(ren);
  • certificate of residence and family composition;

If the family is complete you will also need to submit:

  • marriage certificate;
  • document confirming the employment of the second parent (if the second parent is employed):
      • a certificate of place of work, service and position, indicating information about the provision (non-provision) of a free day per week to him (her) (if the second parent works under an employment contract);
      • a certificate of being on parental leave until the child reaches the age of 3 years (if the second parent is on such leave);
      • a certificate about the amount of child benefit and the period of its payment, indicating information about the person caring for a child under 3 years of age (if the second parent does not work and is caring for a child under 3 years of age);
      • civil contract (if the second parent works under such a contract);
      • certificate of state registration of an individual entrepreneur (if the second parent is an individual entrepreneur);
      • a document confirming payment of the fee for activities in the field of agroecotourism or craft activities (if the second parent is engaged in agroecotourism or craft activities);
      • certificate of a notary or lawyer (if the second parent is a notary or lawyer);
      • an employment agreement (contract) or a civil contract (in Russian or Belarusian) (if the second parent works abroad or in a foreign representative office);
      • a certificate of place of work, service and position held (if the second parent is serving);
      • a certificate stating that the citizen is a student (if the second parent is a full-time student and receives vocational, specialized secondary, higher or postgraduate education);
      • a certificate of the amount of the assigned benefit for caring for a group I disabled person or a person who has reached the age of 80, a certificate of the amount of child benefit and the period of its payment (if the second parent receives an allowance while caring for a group I disabled person or a person who has reached the age of 80, a disabled child under 18 years of age or a child under 18 years of age infected with the human immunodeficiency virus);
      • an extract (copy) from the work record book or other document confirming completion of training in clinical residency (if the second parent is undergoing such training);
      • certificate of a disabled person or the conclusion of a medical rehabilitation expert commission (if the second parent is recognized as disabled);
      • information about receipt of monthly insurance payment against accidents at work and occupational diseases (if the second parent receives such payment).

Read also: Poor Rostov region: benefits, payments, targeted assistance in 2020-2021

If the family is single-parent, you will also need to submit:

  • documents confirming the category of single-parent family.

If children are students you will also need to submit:

  • a certificate from an educational institution stating that the citizen is a student;

If children live with one of the parents, you will also need to submit one of the documents:

  • a copy of the court decision on divorce, which determines the parent in whose care the child (children) remains, a copy of the court decision on deprivation of the parental rights of the second parent or on the removal of the child without deprivation of parental rights, a copy of the court decision, a ruling on a court order for the collection of alimony, agreement on children, death certificate of the second parent or other documents confirming the fact of raising the child (children) in the family of one of the parents.

Guardians and trustees will also need to submit:

  • a copy of the decision of the executive committee to establish guardianship (trusteeship).

An order to provide an additional free day must be issued within 3 working days.[∗]

On the day a free day is granted, the employee retains his average daily earnings.[∗]

Source: https://www.BabyBlog.ru/community/post/Mnogodet/3191603

4 Additional Days Off for Parents with Many Children

If a new child is born while the woman is still receiving maternity benefits, double payment will not be provided. A mother of many children will need to make a choice. Leave for parents with many children under the Labor Code of the Russian Federation in 2020 She loses her status if:

  • the employee has the right to apply for additional leave to be added to the paid leave;
  • An employee can use additional leave only when there is a need for it (in other words, this is not an obligation, but a right);
  • if a parent with many children has not taken advantage of additional leave during the year, it cannot be transferred to the next year (Article 124 of the Labor Code of the Russian Federation);
  • An employee with many children can split the additional leave into several parts.

Additional day off for families with many children

Additional information Additional benefits in the form of leave for mothers of many children can be established by local authorities. To clarify the list of privileges, you should contact your local administration or social protection authorities with a request. Their representatives will provide the applicant with a list of entitlement benefits and payments.

263 of the Labor Code of the Russian Federation An employee who is a parent (guardian, trustee) of a disabled child under 18 years old. At the employee’s request, a part-time working day (shift) or a part-time working week is established with payment in proportion to the time worked or the amount of work.

Additional leave for parents with many children in 2020: conditions and procedure for provision

Additional days of vacation as an extension of the required annual rest are not provided for by law.

Such an issue can only be resolved within the framework of a collective official labor agreement.

In other words, the manager himself decides the issue of assigning benefits in the form of several fully paid additional days for parents with many children working for him.

I am a young mother of three minor children and am officially employed at one of the largest enterprises in our city. Just a month ago I returned from maternity leave to care for my third child, and since I have the official status of a mother of many children, I decided to figure out what benefits I was entitled to.

Additional day off for families with many children

Download for viewing and printing: Decree of the President of the Russian Federation of May 5, 1992

N 431 “On measures for social support of large families” In any case, a family with many children according to regional standards can count on certain state support.

What benefits are available to people with many children at work? According to general standards, families with more than three minor children are still considered to have many children.

We recommend reading: What benefits do single mothers receive in 2020

These include the possibility of postponing annual leave and the right to additional leave during the year.

What are the features of vacations for parents with many children in Russia? Which employees of organizations can be considered parents of many children? Labor legislation considers as such persons who have two or more children under the age of 14 (for disabled children - 18 years).

If we conduct a general assessment of the labor legislation of the Russian Federation, we can find that it does have certain benefits for parents with many children. Moreover, the latter may not even suspect their existence.

At the same time, the employee himself must initiate the receipt of benefits, who submits copies of the children’s birth certificates to the HR department of the employing enterprise. It is advisable to consider the right to benefits for each type of leave.

Additional leave for parents with many children

On the other hand, a family automatically loses its status as a large family if the eldest child has become an adult, one of the children has died, or parents have been deprived of parental rights in relation to one or several children if no more than two children remain under parental care.

  • the employee has the right to apply for additional leave to be added to the paid leave;
  • An employee can use additional leave only when there is a need for it (in other words, this is not an obligation, but a right);
  • if a parent with many children has not taken advantage of additional leave during the year, it cannot be transferred to the next year (Article 124 of the Labor Code of the Russian Federation);
  • An employee with many children can split the additional leave into several parts.
  • Additional day off for parents with many children in Russia

    • wife's pregnancy;
    • work of a parent in the Far North or equivalent territories (but only until they turn 16);
    • the presence of sick children (if the doctor has determined the presence of a corresponding disease that requires the continuous attention of parents).

    Without submitting an application, the additional day off will not be assigned. The legislation does not have a unified form of written application, so the application is written in free form - by hand or on a computer. But it must contain the following information:

    Features of leave for parents with many children under the Labor Code

    Heads of organizations and enterprises are not required to provide vacation benefits to employees with many children. They make the final decision independently, based on considerations of expediency. The decision made is enshrined in the local regulatory legal act of the enterprise - a collective agreement.

    Both mothers and fathers of the family can take advantage of the benefits when taking vacations, provided they live together. The main condition for this is that only one of the parents enjoys this privilege , about which a corresponding document must be provided to the HR department.

    Number of minor children in a large family Personal income tax benefits (rate, %) From 3 7 From 5 5 Payment of vacation pay for regular and additional leave with pay The prescribed regular vacation period for parents with many children, or rather, its order, as for all other workers, determined by the schedule. It is formed in advance, in the current year, but no later than 2 weeks before the new year. An HR department employee is required to personally notify each employee of the start of the vacation period no later than 2 weeks in advance. Parents with many children, like everyone else, are given money no later than 3 days before the start of the main (or additional paid) vacation. The day depends on the vacation schedule. It can change, then the order is taken as a basis, which includes all the changes made.

    The nuances of providing additional leave to parents with many children Child care may become the basis for granting time off. Attention, the Labor Code does not oblige the employer to provide additional paid leave to mothers with many children. Attention The duration of the additional period can be up to 14 days.

    Providing additional leave for parents with many children

    • cohabitation of parents and children (registration at the same address);
    • raising at least three children who have not reached the age of 18 (the age of children is extended to 23 if they are undergoing full-time studies at universities or military service);
    • presence of biological or legal relationship.

    The legislation of the Russian Federation provides for an extensive list of privileges that employees who have received the status of a large family can claim. To use benefits at the place of official employment, parents from such families will have to contact the employer with documents confirming the right to preferences (certificate).

    Benefits are not automatically provided.

    Goodwill Help for families, children and single people

    Please note that additional days off are provided only upon written application according to the established form .

    If you did not follow the procedure and applied orally, then the administration refused you on legal grounds. Please do everything as stated in the instructions.

    If you are still refused, then let us know and we will write to you about what to do next.

    Note: This issue is also regulated by Resolution of the Council of Ministers No. 1729 (now repealed) and Resolution of the Ministry of Labor No. 34. The resolutions contain a number of restrictions on the provision of an additional day of rest, so there may be nuances in practical application . If you are refused, write, we will be happy to help.

    Source: https://truejurist.ru/kompensatsii/4-dopolnitelnyh-vyhodnyh-dnya-mnogodetnym-roditelyam

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