Single mother and part-time transfer

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The rights of single mothers under the Labor Code are given a certain priority in relation to other employees. This is expressed in the ability to choose a vacation period, accrue social benefits, receive protection and other government benefits. We will find out in the article what else women raising a child without a husband can claim and under what circumstances.

Rights of a single mother at work under the labor legislation of the Russian Federation

The Labor Code of the Russian Federation has very extensive benefits, increased, compared to ordinary workers, powers for women who independently raise a child.

The following areas should be highlighted here:

Remember, notification of your employer status will help you avoid problems with the administration, as well as fully enjoy the benefits provided by law. The application must be accompanied by relevant supporting documents.

Changing the work schedule of a single mother

Nobody warned me about this situation. Since I was on maternity leave, my staff position has not yet been reduced. Essentially, I was left alone from the entire department. They refused to take me to the new organization, where my entire former department is now. The time has come to return from maternity leave and now I have been notified that my position will be reduced in two months, as well as the entire service.

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Grounds for granting status

Not every young lady who takes care of children on her own is considered a loner. There are certain rules for granting status and a list of documents confirming it. A woman raising one or more children on her own will legally fall under this status if the following points are present:

1. The baby was born when the lady was not married.
2. More than 300 days have passed since the official end of the family.
3. The child was born in an official marriage, but the husband challenged the fact of paternity attributed to him in court.
4. The procedure for adopting a child was carried out outside of marriage.

How to obtain single mother status.

Not every woman with a dependent child and without a husband is a single mother.

Officially, status and a certificate that gives the right to benefits can be obtained if:

• the father is not listed on the birth certificate;
• the child was born 300 or more days after the divorce;
• if the woman independently registered the adoption of the baby;
• in the case where paternity is challenged by a man in court.

The status is established on the basis of a certificate that will be issued by the registry office.

To confirm it, you must have a dash in the father column on the child’s birth certificate.

Preferential labor regime

Preferential working hours should be understood as the establishment of reduced working hours during the performance of functional duties.

Can be implemented in several ways:

1. Part-time work. Here the woman reduces the length of the working day. This may be a later arrival or leaving the workplace earlier than the deadline established for everyone. Or using these positions simultaneously. To implement this, you need to write a statement to the employer, clearly stating the desired work schedule, as well as the period of its validity (it can be permanent, or it can be temporary). It is prohibited to refuse such a request.
2. Partial work week. Here it is not the time of a particular day that is reduced, but the number of days of work. Usually working women ask for an additional day off (several is possible). An application will be required. No one needs to explain or prove why you decided this way. And the employer is not authorized to demand this.

If a worker switches to a shorter work schedule, the only thing she loses is wages. You will be paid exclusively for hours worked. The length of service, the duration of the main and additional vacations remain the same.

Remember, the company cannot refuse a woman raising a baby alone to change her work schedule. The main thing is to submit an application clearly stating your desired work schedule.

Benefits for a single mother.

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

• registration of part-time work;
• refusal of business trips or additional workload outside working hours;
• employment on night shifts is permitted with written consent;
• annual leave for single mothers up to 14 years of age.

Part-time work is established either immediately upon signing the employment contract, or after the employee begins her duties. The fact that the employee works in this mode is not indicated in her documents (work book).

Women raising children on their own may be required to work at night only with their written consent. At the same time, it is prohibited to use their labor at this time if their health does not allow.

In order to terminate an employment contract with a single mother, the following grounds must exist:

• gross violation of one's labor duties;
• bankruptcy of an enterprise;
• if the employee has been repeatedly subject to disciplinary sanctions.

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

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

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

A woman should keep in mind that additional vacation days are not paid.

Special procedure for terminating an employment contract

The legislator has significantly limited the ability of employers to, on their own initiative, terminate employment relationships with employees who are independently raising minor dependents. But there are certain exceptions to this rule. An employer can terminate such a contract only under the following conditions:

• the company (entrepreneur’s activity) completely ceases to exist;
• the worker repeatedly violated labor discipline and was previously subject to disciplinary measures;
• if a one-time gross violation of labor legislation is properly recorded (absenteeism, theft of company property, going to work under the influence of alcohol or drugs, disclosure of information constituting state secrets, failure to comply with labor safety standards, if this caused serious consequences);
• loss of trust on the part of the administration (it will be necessary to prove the fact of such abuse, as well as the resulting consequences). Usually applied to women related to money or material values, as well as to managers.

Deprivation of parental rights

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

This is important to know: Order on granting maternity leave: sample 2021

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

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

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

State assistance to single mothers is described in the following video:

Benefits for military personnel and families with many children

When there is more than one dependent child, a single person may be given the status of a mother of many children. There is no need to be surprised here, because raising several children at the same time without the support of the head of the family is a rather complex and labor-intensive process that requires enormous moral and financial costs.

At the state level, in order to support women who are independently raising two or more minor dependents, additional benefits and assistance are provided. In particular, the state guarantees:

• payment to such mothers, if they do not work, of a fixed salary with annual indexation. For those women who work, assistance is provided in the amount of 40% of their earnings until the baby turns 1.5 years old;
• regional assistance, consisting of the provision of two free meals a day in schools, as well as the provision of textbooks at public expense;
• reduction of utility bills by 30%;
• the opportunity to travel for free on public transport. Those living in rural areas are additionally entitled to free travel on intercity buses;
• provision of free school and sports uniforms for children.

In addition to single mothers, the state also additionally supports female military personnel who independently raise young members of civil society. Such singles are entitled to:

1. Maintaining benefits in kind and in cash for the entire period of maternity leave.
2. The entire period of maternity leave is included in the preferential length of service, which affects bonuses and the establishment of a pension.
3. Receiving food and nutrition for the baby until he turns 3 years old.
4. Exemption from guard and garrison service.

Remember, additional benefits and compensation are regulated at the state level. The employer is not authorized to refuse to provide them to a woman, regardless of the circumstances.

Monthly payments

Please note: There is a separate detailed article on our website about monthly payments.

This type of assistance from the state is paid not once, but on an ongoing basis, until the condition giving the right to it disappears (the baby reaches the maximum age, the woman will be deprived of rights to it, etc.) Some options are paid not only for the only relative, but and for complete families . The subsidy is guaranteed at both the federal and local levels.

In some cases, financial assistance is assigned only to working women ; in others, those who are not employed have the right to apply for it.

Svetlana Anokhina

Family lawyer, website expert

Mothers with many children and low-income mothers are entitled to a larger list of types of assistance than all others. For example, they are entitled to increased monthly transfers, subsidies for food, accommodation, telephone, utilities, education in preschool educational institutions, and meals in educational institutions.

Among the temporary monthly types of support that were adopted this year and will exist until the financial consequences of the pandemic for families are eliminated, one can highlight assistance guaranteed for children under 3 years of age (until the child turns 3 years old).

The measure was recorded in Decree No. 249 of 04/07/20 and Resolution No. 474 of 04/09/20 (as amended on 05/11/20). Paid to both employed and unemployed people in the amount of 5,000 rubles. for each month from April to June.

Also, regardless of employment, support is paid for children 3-7 years old . It was established by Decree No. 199 of March 20, 2020 and Decree No. 384 of March 31, 2020, and applies to those women whose income is below the norm. The amount of assistance is 50% of the cost of living , current for the second quarter of the previous year, established in your region of residence.

Employed women

Single mothers who have a job are better protected and have the right to count on higher subsidies and approval at the federal or regional level. Among the most common are:

• Allowance for child care up to 1.5 years (Article 13 of Law No. 81-FZ of May 19, 1995). Guaranteed for all parents, including single parents. Depends on the mother’s level of earnings and amounts to 40% of her income for the last 2 years preceding the event (Article 11.2 of Regulation No. 255-FZ, Article 15 of Law No. 81-FZ). If there is a regional coefficient, the payment amount increases by this indicator.

The amount cannot be lower than the minimum accepted ( RUB 6,752 ), even if the mother’s income turns out to be small. He also does not have the right to exceed the maximum permissible value; for 2021 it is equal to 27,984.66 rubles .

• Temporary subsidies for children under 16 years of age caused by the pandemic.
• Regional subsidies for those who care for a daughter or son under one and a half (three) years old . Not available in all constituent entities of the Russian Federation.
• Subsidies and compensation guaranteed by local authorities once a month only for the third and subsequent children (usually equal to the subsistence level).

For non-working people

If a woman raising a child on her own does not work, she still retains some support options. For example, she is entitled to:

1. Allowance for child care up to 1.5 years (paragraph 7, article 13 of Regulatory Document No. 81-FZ of May 19, 1995). The amount does not depend on earnings , as happens in the general case, but is paid in a fixed version, and is the minimum possible (Article 15 of Law No. 81-FZ).

The amount of payments changes when the minimum wage increases, as well as by Government Decrees . Usually adjustments are made in February of each year, but this year this happened more than once. In 2021, the amount of payments is:

1. Temporary types of financial support for children under 16 years of age , introduced in connection with the coronavirus.
2. Regional types of assistance.
3. Financial support due to unemployment.

The last type of payment is from 03/01/2020 . installed in a larger size. Size is:

These standards are listed in Resolution No. 844 of June 10, 2020.

For a second child

When a second baby appears, a woman raising him on her own is paid benefits in the same amount as full families. For example, she is entitled to maternity capital. The right is enshrined in Art. 3 of Law No. 256-FZ of December 29, 2006. Its size will be:

Mothers of many children

If a woman raises three or more children , she is considered to have many children. For this category of citizens, in addition to the basic support options established for all single parents, a number of special regional payments are determined.

Svetlana Anokhina

Family lawyer, website expert

For example, a woman is assigned an allowance for her third or subsequent children in the amount of the local subsistence minimum (based on clause 2 of Decree No. 606 of 05/07/12). Its amount differs depending on the region of registration and is approved by the authorities of the subject.

Also locally, one of the following monthly payments may be present:

• Compensation for rising prices for food and accommodation.
• Repayment of part of the costs for housing and communal services and communication services.
• Allocating an amount for the purchase of children's goods.
• Subsidy support for those with 10 or more children.

Payments to the poor

Some payments are provided if a single-parent family has an income below the established minimum for living in the region. The requirements for family composition and the procedure for calculating financial income for assigning low-income status are enshrined in Federal Decree No. 44-FZ of 04/05/03 and No. 512 of 08/20/03.

If a single mother has received the status of needy, she is paid additional support options. However, the size is fixed not by federal, but by regional authorities. Therefore, the registration procedure and the specific amount can be found out at the local social security authority. For example, for Moscow it is 6336 or 15840 rubles , depending on the age of the children.

In addition, for the poor, compensation may be paid once a month to cover the difference in the price of food and accommodation that arose due to inflation.

Does your family have low-income (poor) status?

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Voted: 1754

Single mother in the military

In accordance with paragraph 3 “b” of Order of the Ministry of Health and Social Development No. 1012n dated December 23, 2009, female military personnel serving under contract are entitled to receive the following types of support:

1. For pregnancy, one-time, 140 (156) days.
2. For registration in the early stages of pregnancy, a one-time fee.
3. Baby care, every month.
4. In connection with the appearance of a newborn, one-time, the size is established in accordance with Art. 15 of Law No. 81-FZ.

The amount of benefits for military personnel is no different from the payments due to civilians.

Right to additional leave

Single workers raising minor dependents can annually take additional leave equal to 14 days of rest. Of the main nuances of this type of recreation, it is worth highlighting the following:

• this type of vacation is defined by law and there is no need to issue any additional documents to provide it;
• mother's leave is not planned, but is provided at a time convenient for the employee upon her request;
• can be issued in whole or in parts at the request of the applicant;
• the employee has the right to add this leave to her main leave, regardless of its duration;
• It is prohibited to transfer this type of holiday to another year. Must be provided in full this year. If the worker did not want to use it, the vacation is not transferred and does not increase the number of days of rest next year.

Remember, to receive an additional 14 days of rest as a single mother, a woman must simply submit an application to her employer. The legislation does not require any explanation or approval to include this period in the vacation schedule.

Additional leave for single mothers

Single mothers are entitled to leave under the Labor Code. According to the terms, it is provided for 14 days and is not paid for. But it is permissible to add it to the main vacation and then the money for it will be credited.

This is important to know: Application for unpaid leave: sample 2021

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.

How to refuse business trips, night work, and weekend work

The law has rules according to which a single worker can refuse to do work at night, on weekends, or go on a business trip. But he does not prohibit the administration from hiring female employees to perform such functions. In fact, there is a simple unspoken rule - if there is no refusal, it means you agree to comply.

At the same time, the law provides that such a refusal cannot be regarded by the employer as a failure to fulfill labor duties. In other words, he must comply with the request without any sanctions. Regardless of the possible consequences of this decision.

To use this mechanism, you will need to go through a few simple steps:

1. Inform the administration about the current status. This is done through the HR department. The birth certificate of the child being supported is submitted, where there is a dash in the “father” column;
2. Prepare an application with the wording to exempt you from night work, work on weekends, long business trips for a specific period or until the dependent (the youngest of them) turns 14 years old.
3. Officially register the application in the office. Wait for the administration to issue the appropriate order, which the worker must be familiarized with and signed.

If the work of the woman who prepared such an application is directly related to such obligations, the employer is obliged to transfer her to another area of ​​work while maintaining the level of wages for the entire period of validity of such a transfer. An employer is prohibited from initiating termination of an employment agreement due to refusal to work shifts or go on business trips.

Remember, refusing to work on weekends, at night, or on business trips is the right, not the responsibility of a single person. If she does not show any desire, it will not be a violation to involve her in this type of activity.

Benefits according to the Labor Code of the Russian Federation

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

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

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

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

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

Preferential labor regime

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

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

Special procedure for terminating an employment contract

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

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

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

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

Right to additional leave

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

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

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

Refusal to work at night

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

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

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

The procedure for sending on a business trip and to work on a rotational basis

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