Additional leave for parents with many children in 2021

According to the Labor Code, summer leave for parents with children under 14 years of age is provided only in 3 cases: if they are raising a disabled child, if they are a large family, or if they have adopted an infant.

Naturally, parents try to take vacations in the summer while schoolchildren are free from classes. But employers do not always allow subordinates to leave, explaining the refusal by production necessity or other reasons. However, for some, the boss is not a decree

. They are allowed to go on vacation at a convenient time by the Labor Code of the Russian Federation.

Duration of rest for parents with children under 14 years of age

As a general rule, working mothers and fathers have the right to count on 28 paid calendar days during the year. The presence of children, their number and their age does not matter in matters of the duration of annual paid rest: there is a single guarantee for all employees.

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.

Features for Caregivers

In Russian legislation, parents and guardians have equal rights. If there are 3 or more children under 12 years of age or if caring for a disabled child, the employee is given rest at a time convenient for him (outside the schedule). But its duration is standard - 28 calendar days.

Let's summarize: summer vacation for women with children under 14 years of age in the Russian Federation is provided:

Parent (one of two) disabled children.

Parents of 3 or more children under 12 years of age.

For those who adopted a baby under 3 months of age.

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.

Features for parents of disabled children

Such parents have the same rights as other employees. Plus, they are allowed by law to get leave in the summer if they have a child under 14 years old, or in the winter - as is convenient for them.

In addition, the law gives such employees a guarantee of 4 additional paid days off per month. They are allowed to be taken all at once or 1 day a week. But you won’t be able to accumulate such days; after a month they “burn out.” Another limitation is that these additional 4 days per month are provided for both parents. But there is no strict distribution: will the mother use them herself or share them with the father in a proportion beneficial to the family.

Termination of a contract when an employee is on vacation

In practice, dismissal to continue caring for a child is often carried out before the end of the leave issued before the child reaches 3 years of age. The employee can do one of the following:

Submit an application to interrupt your vacation and return to work.
Warn the employer about the upcoming dismissal during the vacation period. Vacation days are counted towards the 14 days required to notify the employer.

Parental leave until the child reaches 3 years of age is granted not only to the mother, but also to the father, grandmother (grandfather) or other caregiver. Leave is granted regardless of relationship or cohabitation.
GD of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1.

Do workers with children have the right to rest at a convenient time?

Some working fathers and mothers have the opportunity to choose when to rest. This rule applies to (not all categories are given):

workers who have three or more children under the age of 12 (Article 262.2 of the Labor Code of the Russian Federation);

workers who adopted a child under three months of age (Article 122 of the Labor Code of the Russian Federation);

one of the parents (guardian, trustee, adoptive person) raising a disabled person under 18 years of age (Article 262.1 of the Labor Code of the Russian Federation).

IMPORTANT! The Labor Code does not provide for summer leave for women with children under 14 years of age. But it can be provided by agreement with the employer.

Is it legal to recall an employee from leave for family reasons?

One of the categories of benefit employees working on an official basis are parents of disabled children. These also include guardians of such children.

The management of the organization in which these citizens work are obliged to provide them with a number of privileges. Among them there is additional leave, the procedure and rules for registration of which have a number of features.

The current Labor Legislation contains Article 262 of the Labor Code of the Russian Federation, which talks about providing 4 additional paid days in each month of work.

Employees who have and care for disabled children have the right to contact their employer to arrange the specified additional days off on a monthly basis. It is this period that is often considered additional paid leave.

Only one of the parents in a particular month can book these days off. Both the mother and the father of the baby or one of the guardians can use this right.

Important! If in a certain month, for example, the mother of a child took 4 days off, then his father can no longer take this leave in the same month.

If one of the parents used the weekend partially, the second parent can take the rest. For example, everyone can use 2 days of rest in one month.

Payment of monthly vacation days is carried out in a standard manner based on average earnings.

The employer does not have the right to refuse such a request from employees if all the necessary documents are provided. 4 monthly paid days off are considered a mandatory period of leave provided to parents of children with disabilities by law, if they have appropriate documentary justification. What documents are needed for registration, see the article below.

The rules for providing additional days off with pay and the list of required documents are enshrined in the Explanation of the Ministry of Labor of the Russian Federation and the Social Insurance Fund of the Russian Federation dated April 4, 2000 N 3/02-18/05-2256.

We also recommend reading: How many days of vacation are required if an employee has a disability?

In addition to 4 paid days off, which can be issued monthly, guardians of children with disabilities have the right to receive an unpaid additional vacation period, provided that this is stipulated in the collective agreement of the enterprise.

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The employee determines the vacation date independently. Its duration is 14 days. The provision of benefits of this nature is regulated by Article 263 of the Labor Code of the Russian Federation.

The additional unpaid leave period can be used by parents caring for a disabled child in several ways. Among these are the following situations:

adding the specified period to annual leave;
dividing the weekend into several parts;
one-time registration of the full period.

Important! Unpaid leave does not carry over to the next year. It can only be used in the current one.

Therefore, if it is not issued in the current year, the next year the employee can only claim 14 unpaid days. The rules listed above also apply to employees carrying out professional activities in 2 companies at once.

Moreover, all of the above applies under one important condition - the employer’s collective agreement stipulates the provision of unpaid leave of 14 or more days for employees who have and care for a disabled child. If this right is not specified in the LNA, then the employee cannot demand unpaid days off from the employer.

Before writing an application for these days off at your own expense, you should read the collective agreement.

Only those parents who have officially confirmed that their child has a disability have the right to apply for additional vacation days.

To do this, they must provide the employer with a number of other documents. The final package of documentation required for granting leave includes the following documents:

an application from an employee for leave indicating the reason - caring for a disabled minor;
a medical report confirming the child’s disability;
a certificate identifying the child’s place of residence;
birth certificate (or guardianship certificate).

In addition, to receive 4 paid days off monthly, the employee must receive:

a certificate from social security, which clearly states the child’s disability and the fact that he is not being held in a special institution on full state support (please note that if this note is not on the certificate, then there will be no basis for granting days off)
a certificate obtained at the place of official employment of the second parent. It must contain information that the employee did not apply for a similar leave for the disabled person being raised, and he did not apply to the employer to receive it in the same month;
if the second parent of a child with a disability is unemployed or an individual entrepreneur, then a copy of the work record book or other document that confirms this.

It is enough to take a certificate from social security once a year; documents from the second parent are presented each time the employee submits an application.

The technology for registering an additional leave period in connection with caring for a disabled minor is specified in Resolution No. 1048, which came into force in October 2014. In accordance with the specified documentation, the procedure for granting days off includes several organizational issues.

Drawing up a corresponding application by one of the parents and submitting it to the management of the company.
Collection of necessary documentation confirming the right to leave.
The employer draws up an order to provide additional leave. For this purpose, a proprietary template developed by the company or a unified T-6 filling form is used.
Familiarization of the employee with the information specified in the order. If there are no complaints, the latter leaves a personal signature on it.
Pay calculation for paid days off.

In the application, the parent must indicate the exact date of leave, which he can first agree with the head of the structural unit.

Payment rules

Payment for additional days taken to care for a disabled child should be made in the standard manner in the amount of average earnings.
The procedure for calculating compensation, as well as the procedure for applying for leave, is regulated by decree.
In accordance with the legislation of the Russian Federation, an employee must receive an amount equal to his average daily earnings for each paid day off provided.
For example, the daily average income of an employee is 1200 rubles. Therefore, you can determine the amount of vacation pay as follows:
1200 x 4 (number of paid days off) = 4800.

Part-time employees with disabled children may qualify for holiday pay from both places of official employment.

Previously, it was stated that the management of the company in which the parent of a child with a disability works must provide appropriate leave upon the employee’s first request. The employer does not have the right to refuse this category of employees to receive such a benefit.

In case of refusal, the citizen can turn to the labor inspectorate for help. If a violation of the norms of the Labor Code of the Russian Federation is confirmed, the specialists of this organization hold the employer accountable. A fine may be imposed, the amount of which varies from 30,000 to 50,000 rubles.

In other situations, the manager’s actions are considered illegal.

As for unpaid leave of 14 days, it is not always provided. The law allows an employer to refuse an employee with disabled children if the collective agreement does not mention the need to provide days off at his own expense.

If the LNA contains this condition, then the employer is obliged to provide as many days as indicated by the employer.

In Russia, more than 600 thousand children are disabled. Our article will help you understand what guarantees and benefits are provided to parents of disabled people in order to act competently in any situation.

The Labor Code directly prohibits an employer from refusing to hire women for reasons related to the presence of children, regardless of whether they are disabled or not (part three of Article 64 of the Labor Code of the Russian Federation).

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This rule also applies to fathers raising children without a mother, guardians and trustees of minors (Article 264 of the Labor Code of the Russian Federation).

When hiring, an employee is required to present a number of mandatory documents to the employer, and he is not obliged to inform the company about the health status of his child (Article 65 of the Labor Code of the Russian Federation).

Labor legislation provides for a number of benefits and guarantees for employees raising disabled children.

In order to use them, the employee must present the child’s birth certificate and documents confirming his disability.

Depending on the degree of impairment of body functions and limitations in life activity, children under 18 years of age are assigned the category “disabled child” (Part 3 of Article 1 of Federal Law No. 181-FZ of November 24, 1995, hereinafter referred to as Law No. 181-FZ)

To confirm the child’s disability, the employee must provide the employer with a certificate of the established form with the decision of the medical and social examination - MSE (Appendix No. 1 to the order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n).

When is it legal to take vacation?

The law requires that each organization approve a vacation schedule 2 weeks before the new year. This document determines the sequence of granting vacations to employees over the next year.

Since the schedule takes into account the wishes of employees, in some companies employees participate in its formation. But such interaction does not always work out, especially if the organization has many employees and it is not possible to take into account everyone’s wishes, or if the person has not yet decided when to go on vacation. In addition, employers provide vacations in proportion to the time worked, and not in advance, and this also affects which month you can go on vacation.

Despite the presence of a schedule, both childless employees and families have the opportunity to choose a suitable period for rest. But for this you need to come to an agreement with your superiors. In principle, the employer is not obliged to agree, but many make concessions.

Example of dismissal while on vacation

Employee M. of a commercial enterprise was on maternity leave until September 15, 2017. For the period of absence and until M. returned to work, employee P. was employed. After the vacation expired and returned to work, on September 15, 2017, employee M. submits a notice of dismissal to the employer. In connection with the employee’s actions, unnecessary operations were carried out - the dismissal of temporary employee P. and his hiring after the dismissal of M. If employee M. had warned about dismissal during vacation, there would not have been a need to dismiss P., and the employer had only drawn up an additional agreement to the temporary agreement.

Sequencing

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

Approximately two full weeks before the start of the required vacation, a request is written and given to personnel officers.
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.

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.