Annual leave for mothers of many children according to the labor code

The concept of a large family, features of the definition

If we turn to the current legislation in the field of guarantees for large families, we will see that the law does not contain a single definition of a large family. Each region of Russia independently establishes families called large families. This right is granted on the basis of the Decree of the President of the Russian Federation “On measures for social support of large families” dated May 5, 1992 No. 431. In most regions, a large family is recognized as a family in which three or more children are raised, including relatives, adopted children, until one child from the family reaches 18 years of age, as well as full-time students in educational institutions (until graduation) or serving in the army (up to 24 years).

IMPORTANT! The status of a large family is confirmed by a certificate that can be obtained from the social protection authority. The certificate is guaranteed to ensure and simplify the procedure for obtaining benefits when applying to government agencies.

For such families, at the federal and regional levels, benefits are provided in the social and tax sectors, guaranteeing state support for large families.

Does labor legislation provide prerogatives for parents with many children?

Vacation pay for parents with many children

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

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

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

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

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Annual leave for parents with many children, order of leave

Paid leave is provided annually to all categories of working citizens for a period of 28 days, including parents of large families (Articles 114,115,122 of the Labor Code of the Russian Federation).

You can learn about how to arrange basic leave, calculate and pay vacation pay, and what points a company accountant should pay attention to in the article “Annual paid leave under the Labor Code - nuances.”

In the manner established by Art. 123 of the Labor Code of the Russian Federation, the employer is required to determine the order of employee vacations with a schedule that must be drawn up no later than 2 weeks before the start of the calendar year, in coordination with the trade union. The employee must be notified of the start of vacation no later than 2 weeks before the start. It is important for the HR department to familiarize employees personally.

As of October 22, 2018, amendments were made to the labor legislation giving mothers and fathers of large families with children under 12 years of age the preferential right to take annual leave in the summer or at another time convenient for them. That is, parents with many children will be able to rest during the period agreed with the employer, just like other employees of the work team. Read more here.

Registration of leave for a father or mother of many children

Fathers with many children, along with mothers, receive benefits and other preferences in the work organization. In accordance with labor legislation, these include:

• paid leave during the time necessary for the father. This right is valid from October 22, 2020;
• extraordinary unpaid leave for 2 weeks, if such a norm is written into a local regulatory act (collective agreement);
• additional days off to care for a disabled child;
• written consent to a business trip and overtime or night work if the father has a disabled child or a child under 5 years old;
• priority in obtaining the desired vacancy during employment.

In other cases, a father with many children receives the same rights as other employees.

Having become a father of three children, many people wonder whether a father with many children can be fired from his job. Labor legislation provides guarantees for such workers. Dismissal is impossible if:

• a single father is raising a disabled minor child (under 18 years old) or a young child (under 14 years old) without a mother;
• the father is the sole breadwinner of a disabled child (under 18 years of age);
• in his family he has three or more young children, and among them there are children under 3 years old, and he is also the only breadwinner, and his mother does not work.

Dismissal of a father of many children at the initiative of the employer is permitted when:

• the organization in which the father of many children works is being liquidated;
• unlawful acts were committed by the employee during working hours;
• provided false information when concluding an employment contract;
• the employee refuses to perform certain job duties.

On October 11, 2020, President of the Russian Federation V.V. Putin signed Federal Law No. 360-FZ “On Amendments to the Labor Code of the Russian Federation,” which supplemented the right of parents with many children to go on vacation at a time convenient for them.

Before the adoption of the new law, only one parent or guardian raising a disabled minor child could exercise this right.

While the bill was being adopted, questions arose regarding the infringement of the rights of parents raising fewer children, including single parents. The task of enterprise managers is to take into account the needs of their employees in maintaining a prosperous family lifestyle, and to coordinate vacation periods taking into account the individual needs of other categories of employees.

In the meantime, legislative measures require that the most socially vulnerable category of persons responsible for the well-being of a large family be taken into account.

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Employers do not always comply with labor laws. An employee with many children may be faced with a situation where an application for leave at a convenient time is submitted, but the employer refuses to provide leave. What should an employee do in such a situation?

First, try to clarify with the HR employee what the reason for the refusal is. Perhaps the employer is not yet aware of the new law on leave for parents with many children at any time, and not according to the schedule. Also, the reason for refusal may be the lack of documents confirming the presence of 3 or more children in the family of a large employee and their age. Make sure that the employer has birth certificates for children that would confirm the age of children under 12 years of age.

If even the presence of all the necessary documents did not help to get leave at a convenient time, then you need to file a complaint with the state labor inspectorate or the prosecutor's office.

Before contacting government agencies, check whether you have an application for leave that you submitted with an employer’s note on its acceptance (date of acceptance, signature, transcript and position of the employee who accepted the application). If it is not there, then you need to resubmit the application and get a second copy for yourself.

If before the date indicated in your application you were not familiarized with the leave order and the vacation pay was not paid, then you can write a complaint about a violation of the labor rights of a parent with many children to be granted leave at any time. Be sure to attach a copy of the leave application with the employer’s acceptance note to your complaint.

About the blog author

My name is Irina. I am a mother of many children of three wonderful boys, and part-time a lawyer and copywriter. I would like to share with readers information in the field of the rights of large families. I hope my experience will be useful to other families.

The right to maintain a job under Art. 261 of the Labor Code of the Russian Federation is provided:

• women with children under 3 years of age (one child or more);
• single mothers, as well as other persons (fathers, adoptive parents) who independently raise a child under 18 years of age;
• parents who are the sole breadwinner of a disabled child under 18 years of age;
• parents who are the sole breadwinners of a child under 3 years of age in a family with 3 or more children in the family.

Thus, an employer cannot unilaterally terminate the employment relationship with a parent with many children while simultaneously meeting the following conditions:

• the family is raising 3 or more young children (under 14 years old);
• one of the children is less than 3 years old;
• Only one of the parents is officially employed, who is recognized as the sole breadwinner.

We invite you to familiarize yourself with: Deadline for entering into inheritance according to the law of 2019
Paid leave is provided annually to all categories of working citizens for a period of 28 days, including parents of large families (Articles 114,115,122 of the Labor Code of the Russian Federation).

You can learn about how to arrange basic leave, calculate and pay vacation pay, and what points a company accountant should pay attention to in the article “Annual paid leave under the Labor Code - nuances.”

In the manner established by Art. 123 of the Labor Code of the Russian Federation, the employer is required to determine the order of employee vacations with a schedule that must be drawn up no later than 2 weeks before the start of the calendar year, in coordination with the trade union. The employee must be notified of the start of vacation no later than 2 weeks before the start. It is important for the HR department to familiarize employees personally.

As of October 22, 2018, amendments were made to the labor legislation giving mothers and fathers of large families with children under 12 years of age the preferential right to take annual leave in the summer or at another time convenient for them. That is, parents with many children will be able to rest during the period agreed with the employer, just like other employees of the work team. Read more here.

• birth rate in the territory of a specific subject of the Russian Federation;
• the total number of natural and adopted children in the family;
• age of children (usually children no older than 16 and 18 years are taken into account).

In most regions, a family with many children is recognized as having:

• parents live together with three or more children, support and educate them;
• there are both natural and adopted children, stepsons, stepdaughters;
• three or more children have not reached the age of 16 years, or 18 years if they are in school;
• Children under 23 years of age undergoing full-time education at a secondary secondary school or university are also taken into account.

So that a large family can exercise their right to benefits, payments and other privileges, they apply to the social protection authorities for a certificate of a large family - the document is issued one for everyone, a photo of each family member is pasted into it. But in the capital of Russia, the certificate is issued to the mother and father separately.

The largest number of benefits is provided to a mother with many children, if there is any other basis for obtaining labor privileges. For example, if a woman is raising a disabled child, she is entitled to an additional day off, she has the right to sick leave at any time of the year, she has the right to refuse to work at night, overtime, as well as on weekends and holidays, she cannot be sent on a business trip without written consent.

A mother of many children can also claim the benefits provided to all employees who are mothers with young children:

• the right to refuse night and overtime work without consequences or penalties (if the child is under 3 years old);
• the right to work part-time (if the child is under 14 years old, or if there is a disabled child under 18 years old);
• absence of a probationary period when hiring (if the child is less than 1.5 years old).

The fact of having many children gives the right to only four labor benefits, including:

• exemption from payment of state duty for registration of individual entrepreneurship;
• the ability to work flexible hours on a shorter work week;
• the possibility of taking additional leave;
• right to early preferential pension.

• They are involved in raising at least 5 natural or adopted children until each of them is 8 years old.
• A woman with 3 or more children has an insurance experience of 15 or more years.
• A mother of two or more minor children has been working in the Far North for at least 12 years.
• A mother of 2 or more children worked for at least 17 years in an area equated to the Far North.
• The woman worked in an industry recognized as harmful or dangerous to health, and when performing such work, early retirement is due.

• free land plot for individual housing construction (individual housing construction) or about 15 acres in a gardening partnership;
• payment of 100 thousand rubles when awarded the Order of Parental Glory for raising 7 or more children;
• when calculating the insurance period, taking into account periods of child care (1.5 years for each child raised up to 8 years of age);
• preservation of maternity benefits, child care benefits, and child care for disabled children for a mother with many children;
• compensation for the cost of school uniforms (or school and sports uniforms in kind);
• free hot meals in the school canteen;
• free travel on city and suburban public transport during the period of study at school, college or university;
• the right to admission to kindergartens on a first-come, first-served basis;
• free tickets to cultural events (theatres, museums, exhibitions);
• discounts on utility bills (from 30 to 100%, depending on the number of children);
• exemption from property tax;
• discounts on payment of land tax;
• transport tax discounts.

Conditions for providing additional leave to mothers and fathers of many children

Now let's see how things stand with additional vacations. Let's start with paid ones.

The Labor Code of the Russian Federation identifies categories of employees to whom the employer is obliged to provide such leave. These include production workers working in harmful and (or) dangerous working conditions, workers engaged in irregular working hours, in the Far North and equivalent areas.

It is obvious that parents of large families are not included in the circle of persons entitled to additional paid leave. But in some cases there is an opportunity to get it.

In addition to the obligation to provide additional permits to certain categories of citizens, Art. 116 of the Labor Code of the Russian Federation stipulates the right of the employer, taking into account certain financial and production issues, to provide additional paid leave for its employees, fixing the conditions and procedure for their use in a collective agreement or local regulations, taking into account the opinion of the trade union organization. Alternatively, this could include additional allowances for parents with many children.

If an employer cannot afford paid additional leave for parents of large families, he can send them on leave without pay. Again, if the collective agreement allows it. This follows from Art. 263 of the Labor Code of the Russian Federation, which provides that for employees with 2 or more children under the age of 14 years, a collective agreement may establish additional unpaid leaves of up to 14 calendar days. Such additional rest can be provided at a time convenient for the employee. If desired, it can be attached to the main paid one or used separately, in full or in parts. It is prohibited to transfer such leave to the next year.

ConsultantPlus experts explained how to properly arrange additional leave without pay for a parent with many children. Get trial access to the system and move on to the Ready-made solution.

IMPORTANT! When applying for a job or acquiring the status of a parent with many children, ask the employer whether there is a valid collective agreement or a local regulatory document providing for additional leave; only in this case will the leave be guaranteed.

How to conclude a collective agreement and where to register, what is important to include in the agreement, learn from the material “Collective agreement as a form of social partnership.”

In conclusion, we note that the legislator provides equal opportunities in terms of additional leave for both the father of many children and the mother of many children. The Labor Code of the Russian Federation uses the concept of “employee”, without limiting both parents, under the conditions established by the employer, to take advantage of additional rest.

Are unpaid days available?

Parents with many children are included in the category of citizens applying for additional unpaid leave of no more than 2 weeks (Article 263 of the Labor Code of the Russian Federation).
There are some conditions that must be met: raising at least 2 children until they reach 14 years of age or a disabled minor child.

Parents, when applying for additional rest, need to take into account some points:

• the worker may apply to add additional leave to the main leave;
• registration of additional leave is possible if there is a need (we are not talking about an obligation);
• a parent with many children cannot transfer the unused right to vacation to the next calendar year (Article 124 of the Labor Code of the Russian Federation);
• The vacation can be divided into several parts.

The benefit is provided to the employee only if the required application is sent to the employer.

What documents are needed for registration?

A parent with many children, when writing an application for additional leave, indicates the following information: the name and position of the head of the enterprise and the applicant, the type of leave and its duration, the basis for providing the benefit, a list of supporting documents.

The attached package of documents includes:

• birth or adoption certificate for each child;
• certificate from the place of registration;
• a document confirming the child’s disability (if any);
• a certificate confirming the absence of additional leave for the spouse from his place of employment.

The application is signed by the employee and submitted to the HR department of the enterprise.

How is it provided according to the Labor Code of the Russian Federation?

An application is submitted 2 weeks before the due holiday.
Upon receipt of a positive decision from the employer, a corresponding order is issued.

If the head of the company does not have production capabilities, the absence of an employee during the specified period of time is unacceptable, then the parent cannot challenge the employer’s refusal to provide additional leave.

There is a possibility of appealing to the Labor Inspectorate or the court, but, as practice shows, the decision of the authorities will be directed in favor of the employer.

How is it paid?

The Government of the Russian Federation, in its Resolution No. 1048 of October 13, 2014, identifies a special category of workers who have the right to 4 additional days of vacation in excess of the established norms. This category includes parents of one or more disabled children (minors).

Only 1 of the parents has the right to take additional days off; their number does not change in the event of the birth of a subsequent child.

This restriction does not apply to military personnel; each spouse can take advantage of the privilege.

Also, if the employer has decided to pay additional leave to a subordinate and has approved the necessary points in local regulations, then the leave will be paid in accordance with generally accepted standards (based on average earnings).

Can it be replaced with compensation?

Article 126 of the Labor Code of the Russian Federation indicates the possibility of replacing additional paid leave with monetary compensation, but the final decision is made by the head of the organization based on the request of a subordinate.

The employer can refuse this request and will be right if such a rule is not stipulated in the company’s local regulations when proving the status of having many children (by father or mother).

Results

So, the current legislation enshrines the right of parents of large families with children under 12 years of age to take annual leave at a time convenient for them. Parents with many children use their main leave in accordance with the general procedure in accordance with the Labor Code of the Russian Federation. Additional leave, with or without pay, can be established only at the will of the employer.

Sources:

• Decree of the President of the Russian Federation “On measures for social support of large families” dated 05/05/1992 No. 431
• Labor Code

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Required documents

To take advantage of the benefits, the employee must confirm his status, as well as his right to receive the privilege, using the following documents:

• birth/adoption/guardianship certificate for each child;
• medical report on child disability (if available);
• an extract from the house register about the number of residents;
• a certificate from the spouse’s HR department that he/she did not use the benefit (this document is needed to receive extra days off).

An alternative to the last paper from the list is a certificate from the labor exchange about the status of the unemployed second parent or a copy of the certificate of registration as an individual entrepreneur.

All applications - for vacation, additional days and paid days off - are written in a standard form. And the rest of the procedure does not differ from the standard one: an order is issued, vacation pay is paid (or not), the employee legally does not show up for work.

Vacation at a convenient time for families with many children has become another measure of government support. By the way, for those raising three or more children, the mortgage lending program at a preferential rate of 6% has been extended until 2024.