How is annual leave granted to a single mother?

Single mothers are legally entitled to additional leave, and under special conditions.

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Every employer is required to comply with all legal requirements. If an employee is refused time off, the owner of the organization may be fined.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

Leave is granted specifically to women who have the status of a single mother, that is, a documented position.

Divorced people are not considered single and therefore cannot count on additional time off.

Also, women whose children have a father cannot count on this leave. This means that there is an entry on the certificate. And since the fact of paternity has been established, the woman is not recognized as a single mother. Even if he lives alone with the child.

General information

If a woman is a single mother, then she is entitled to benefits. Including labor ones. But who is a single mom and who isn't?

The status is assigned in the following cases:

• if a woman gave birth to a child out of wedlock and paternity is not officially recognized;
• if a woman independently took a child from an orphanage for the purpose of adoption or guardianship;
• if the entry about the father in the child’s document is made only on the basis of the words of the mother;
• if the fact of paternity is refuted in court.

It should be clarified that when a woman gives birth to a baby within 300 days after the divorce process or the death of her husband, the child is registered with the father indicated on the birth certificate.

The status is assigned based on a certificate from the registry office. The whole process is formalized at the social welfare department, and a certificate is necessarily issued.

Privileges

A single mother's status is entitled to a number of benefits. These include labor:

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

Expert opinion

Polyakov Pyotr Borisovich

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

According to the law, single mothers can be involved in night work only on the basis of shift consent. If the employee refuses, the employer does not have the right to impose a disciplinary sanction on her.

Women are sent on business trips only with their written consent. There is also the issue of difficulty on weekends and holidays.

In addition, in this case there is one more condition - the employee, even with written consent to go to work at night, cannot be involved in the event of serious health problems.

Additional leave is mandatory for all single mothers. But there is a nuance - this must be established by a collective agreement. The employee must provide an application for registration.

Additional leave is not paid. But it can be assigned to the main one, then the employer will pay for it.

If necessary, the employee may request part-time work.

In this case, the schedule can be set at any time - during the process of signing the contract or after the employee has begun to perform his duties. The fact that the employee works on a part-time schedule is not displayed anywhere.

Additional days off must also be provided upon the employee’s first request.

According to Article 262 of the Labor Code of the Russian Federation, each single mother is entitled to 4 additional days of rest per month. If the weekends have not been used, they cannot be folded.

Firing a single mother is also a special process. The manager does not have the right to deprive an employee of her job just at his own request.

According to Article 261 of the Labor Code of the Russian Federation, dismissal can be made only in several cases:

• upon liquidation of the organization;
• due to disciplinary sanctions;
• due to serious breaches of duty.

Half-holiday

Part-time work is available to women who are raising children under fourteen years of age or minors with disabilities. The main features of providing a schedule include:

1. Possibility of adjusting the work schedule after concluding an employment contract. Conclusion of an additional agreement to the employment contract on the establishment of part-time work.
2. Providing regular leave on an equal basis with other employees.
3. Lack of entries in the work book about part-time work and recording of length of service as for a whole shift.

Part-time working hours are established for a mother who is raising a child alone by order of the employer at the request of the employee. In this case, it is necessary to attach copies of supporting documents to the application (child’s birth certificate, medical certificate confirming the child’s health characteristics).

In accordance with the Labor Code of the Russian Federation, single mothers are provided with certain benefits for work, in particular a ban on dismissal due to reduction, additional unpaid days of rest and the possibility of part-time work. The provision of each privilege depends on the employee herself, that is, it occurs on an application basis.

Legislation

The issue related to the provision of additional leave for a single mother is regulated by the Labor Code of the Russian Federation and is subject to mandatory execution by the employer.

Labor Code

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

According to Articles 75 and 76 of the Labor Code of the Russian Federation, additional leave is provided to single mothers without taking into account holidays and weekends.

Does a single mother lose personal income tax benefits if she gets married? See here.

Rights of single mothers at work

• An employer should not refuse to hire a woman based solely on the fact that she has a child. This is directly enshrined in Part 3 of Article 64 of the Labor Code of the Russian Federation;
• An employer can only ask a woman who has a child under 5 years of age to go to work on a holiday or day off, but cannot force her - Article 113 of the Labor Code of the Russian Federation;
• Night work, overtime work and business trips are similarly regulated by Articles 95, 96, 259 of the Labor Code of the Russian Federation.
• a single mother can be fired only in cases directly enshrined in the code - Article 261 of the Labor Code of the Russian Federation;
• a woman who has the status of a single mother should be provided with additional vacation days - Article 263 of the Labor Code of the Russian Federation.

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 academic leave for family reasons: sample 2020

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.

Procedure for provision

Expert opinion

Polyakov Pyotr Borisovich

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

The rules for applying for vacation in 2020 have not changed and remain the same as they were before. In order to apply for extraordinary leave, you must write an application addressed to the manager.

In this case, you should indicate from what date to what date rest is required. But, it should be borne in mind that if additional leave is provided urgently, it will not be paid.

If you need to add vacation days to the main one, then you also need to write an application. In this case, payment will be made on a general basis.

Additional leave is provided only once a year.

Documentation

To be granted leave, you must confirm your status as a single mother. To do this, you must provide a certificate. It is issued by social security authorities.

It is this document that serves as the basis for receiving all types of benefits and allowances.

A sample certificate for Form 25 is here.

Denial of the right to receive benefits

When submitting documents, it is not always possible to receive a positive response.

If, after reviewing the documents, the answer is negative, then a notification will be sent in which the refusal will be clearly justified. Employees have no right to refuse without explanation. Such a decision, according to the legislation of the Russian Federation, can be appealed in court if there are grounds for this.

A woman’s status as a single mother can be removed in the following cases:

• when she got married and her new husband adopted her children;
• if the documentation that a single mother submitted to the social security authorities to apply for benefits contains false information.

What to do if they don’t give it?

There are certain conditions for granting leave:

• the woman officially has the status of a single mother;
• The employee has not taken additional leave over the past year.

If the 2 specified requirements are met, then the woman can count on additional admission.

But it happens that the employer refuses to provide rest, without any reason. In such a situation, you should go to court.

But an important point should be taken into account: no more than 3 months should pass. And the employer, on the basis of Article 62 of the Labor Code of the Russian Federation, will have to provide all the data that is necessary for the proceedings. According to Article 393 of the Labor Code of the Russian Federation, in labor disputes the plaintiff does not pay the state fee.

Are there social benefits for single mothers? Information here.

Do they have the right to fire a single mother from her job? Details in this article.

In court it will be necessary to prove that the request for leave actually took place.

A copy of the vacation application is suitable for this. But it is necessary that it be certified by a notary. If the outcome of the case is successful, the employee will be granted additional leave.

Video about payments

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What rights do single mothers have under the labor legislation of the Russian Federation?

“Single mother” is a stable phrase that appeared in the last century and was a popular designation for a woman who gave birth to a child without a legal husband.

Nowadays, this status has acquired legal significance and is used for the purpose of social and material support for mothers who decide to have a child without marriage.

There is no legislative concept of a single mother, so it is pointless to look for a legal definition of this term in laws and other regulations.

The only document that states by what criteria a woman can be classified as a recipient of this category is Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1.

In accordance with the explanations of the highest court, a woman can be recognized as such if she alone carries out the functions of a parent in the upbringing and development of children, without the participation of the father, as well as in cases of his death, deprivation of parental rights, recognition by the court as missing, incompetent, or stay in correctional institutions. in connection with imprisonment. However, the law does not distinguish between a natural and adopted child.

What rights does this category of citizens have?

A mother who has decided to raise and support her baby alone is a truly courageous woman and the state, taking into account demographic problems, strives to support her in this endeavor by providing a set of benefits in the form of:

• increased amount of benefits paid by social protection authorities. The amount to be paid exceeds the normal benefit by 100%;
• a double deduction from the tax base for each child, in contrast to the standard monthly amount; for single mothers it is 1,400 rubles;
• priority provision of housing, upon recognition of those in need of improved housing conditions. It is impossible to evict a single mother without providing another living space in return;
• payment of sick leave for child care, regardless of its duration, if the child is of preschool age. If he is already a schoolchild, then his mother can issue sick leave for 15 days.

Depending on the region of residence, local authorities provide the mother and her child with :

• a one-time supplement to the benefit on the occasion of the birth of a baby;
• compensation for the purchase of food;
• free school meals;
• reimbursement of part of the expenses for maintaining a child in kindergarten;
• free or partially compensated trip to a sanatorium or health camp if there are medical indications;
• 50% discount on essential medicines, in accordance with the list approved by the Government of the Russian Federation

What is required by law for a single mother?

Basic federal payments due to a single mother in accordance with the Federal Law “On State Benefits for Citizens with Children” No. 81 Federal Law:

• payment at the birth of a child;
• maternity benefits;
• child care allowance until the child is one and a half years old.

In addition to the main government ones, there are a number of compensation benefits that single mothers can count on:

• payments due to the increase in the cost of living for children under 16 years of age;
• benefits due to rising food prices for children under 3 years of age;
• additional allowance for a single mother to care for a disabled child.

Single mothers are also entitled to other benefits, which depend on the age of the child and the woman’s income.

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.

This is important to know: You can quit while on vacation without working

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.

Benefits in the labor sphere

Women raising children on their own can count on some privileges from their employer.

Attention! Labor benefits for single mothers in 2019-2020 are enshrined in the Labor Code. A woman can sue her boss if he systematically violates her rights prescribed in the legislation of the Russian Federation.

These rights include:

• if the staff in her organization is reduced, a woman raising a child under 14 years old alone cannot be fired;
• employers cannot refuse to hire a single mother, citing the fact that she has children;
• single mothers can take additional unpaid leave for at least 14 days;
• if the child is under 14 years old, then his mother can apply for part-time work;
• sending a woman on a business trip to raise a child without the help of his father is possible only after obtaining her consent in writing;
• Women raising a child under five years old cannot be recruited alone to work at night, on weekends and on holidays;
• If a single mother is dependent on a disabled child, she is entitled to 4 additional paid days off monthly according to a convenient schedule. It is prohibited to transfer holidays to subsequent months.

Payment for sick leave for a single mother is carried out in the same way as payment for sick leave for women in two-parent families. There are no additional privileges established at the federal level.

Benefits for single mothers in 2019-2020 in the housing industry provide for her receiving housing.

The receipt and use of maternity capital does not depend on whether the woman is a single mother or in a marital relationship. She, like any woman, has the right to spend her maternity capital on the needs provided for by the state.

Such needs include expanding your living space.

In order to get on the waiting list for expanded housing conditions, a woman must be under 35 years old, she must be recognized by the administration as in need of improved housing conditions, and have sufficient income to receive a loan to purchase housing.

To do this, single mothers need to prepare a package of documents. All documents are submitted for consideration to the housing commission, which is located in the administration at the applicant’s place of residence.

The list of documents includes:

• statement;
• passport of the applicant;
• single mother certificate;
• certificates of income and the value of property owned;
• documents confirming the family’s need for improved housing conditions;
• a document establishing the fact of the child’s birth;
• document confirming registration for 10 years;
• copies of SNILS.

This is a list of basic documents for participation in the program. In individual cases, department specialists may request additional documents from the applicant.

Benefits for military personnel and families with many children

It is very difficult for a single mother to raise and support children, and if she has several of them and she is given the status of a mother of many children, then support from the state should at least somehow cover and compensate for expenses.

For this purpose, a number of measures have been developed in the form of benefits and social guarantees for a mother who has more than 2 children and is raising them without a husband:

• for non-working mothers there is a fixed monetary amount of benefit, which is indexed annually, and for workers in the amount of 40% of earnings until the child reaches 1.5 years of age;
• regional assistance in the form of free 2 meals a day at school, free textbooks;
• benefits for utility bills in the form of a 30% discount;
• free travel on public transport, and if living in rural areas, the opportunity to use discounted intercity buses;
• provision of school and sports uniforms.

Another special category of mothers are military personnel , whose benefits and social guarantees are regulated by various Regulations on the procedure for military service.

In accordance with regulations in the military sphere, single mothers :

• cash and in-kind allowances are maintained for the period of maternity leave;
• the time spent on maternity leave is included in the length of service for calculating pension supplements;
• providing food and groceries through special stores until the child is 3 years old;
• cannot be recruited for guard and garrison duty.

Benefits and payments to single mothers

What benefits and payments are available to a single mother? All women with one, two and three children are entitled to a standard list of maternity benefits.

A complete list of benefits with payment amounts and the procedure for receiving them can be found here.

You also have the right to receive additional payments from the state intended to meet all the necessary needs of you and your child until the period specified by law.

• Single mothers are entitled to Child Benefit under 16 years of age (low-income) - depends on the region.
• Additional payments for the third and subsequent children aged 36 months (low-income) are equal to the child's subsistence level in the region.
• Compensation benefit for a woman caring for a child independently. It is paid only until the child turns 3 years old. The amount of benefit for a single mother is 50 rubles. per month (if there is one child). Of course, they promised to raise it tenfold, but for now the favorable initiative is on standby.
• What other benefits do single mothers receive? Payments from maternity capital in the amount of the subsistence minimum in a particular region for a child under 1.5 years old.

In order for you to exercise your right to receive individual benefits, you must definitely prepare all the documents listed below and take them to the social protection department or multifunctional class=”aligncenter” width=”646″ height=”187″[/img]Benefit payments for single mothers are made without a hitch, but it must be borne in mind that they alone are not enough for a comfortable life, and it will be very difficult for a non-working woman to provide for her family. Therefore, pay attention to our list of part-time jobs while on maternity leave that can be implemented without special education.

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.

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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:

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.

Shortened single mother's day labor code 2020

Important

When they can refuse It should be remembered that raising children independently is not always the basis for assigning the status of a single mother. Not a single mother:

• a woman who does not receive alimony after a divorce;
• a woman who had a child within 300 days after the divorce - in this case, the father (by default) is considered to be the ex-husband.

In addition, the request for status assignment will be rejected:

• if paternity was established by the father, but for various reasons the spouses do not live together;
• if the child was born 300 days after the death of the spouse;
• if the spouse is deprived of paternal rights based on a court decision.

As a rule, the biggest obstacle to obtaining the status of a single mother is the entry on the child’s birth certificate indicating the presence of a father.

Info

But for a schoolchild, a woman has the right to issue such a document for 15 days. These are general benefits that are entitled to all single women, regardless of where they are in the Russian Federation. In some regions, such mothers may be provided with:

1. Compensation for expenses associated with the purchase of food.

Sometimes we talk about the food basket as a whole, but from time to time baby food is given out specifically. Reducing the cost of essential medicines by 50%. We are talking about drugs from a special list, which is approved by the Government of the Russian Federation. Reimbursement of expenses that go to kindergarten. Meals at school are free.

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.

Tax benefits and privileges

A single parent raising a minor child can reduce their tax deduction from their monthly earnings by exactly half. To obtain such a right, you need to contact the accounting department of the enterprise with a certain package of documents.

The package of documents includes:

• child's birth document;
• a document containing information about divorce or marriage;
• a certificate from the educational institution stating that the child is a full-time student, if he is a student;
• if less than a year has passed since starting a new job, then a Form 2-NDFL certificate from the previous organization where the woman worked will be required;
• If the child is disabled, then you need to submit a certificate of disability.

We invite you to read: Subrogation claim - advice from lawyers and lawyers

Single mothers have the right to apply in person to the tax office at their place of residence, with a certificate in form 3-NDFL and other documents. This can be done when the employer for some reason cannot issue a tax refund.

If a single mother remarries, the right to double tax deduction is lost.

Legislative acts.

Benefits provided to a single mother are regulated by the Labor Code of the Russian Federation. If an employer violates a woman’s rights, he may be fined by regulatory authorities.

In Art. 262 establishes the manager’s obligation to provide employees raising a child on their own with 4 additional days off every month.

These days are not paid and are not cumulative. If you do not use them within a month, the weekends “burn out” and no compensation is provided for them.

Single mothers are granted leave at their own expense for two weeks each year. This time is allowed to be added to the main paid leave. Days are counted excluding holidays and weekends.

If additional leave is not used during the year, it is not carried over to the next period. This time cannot be compensated in monetary terms.

The provision of additional leave to a single mother and its duration is also regulated by Art. 75 and 76 of the Labor Code.

Benefits for certain categories in the field of relations with the employer are prescribed in the Collective Agreement or agreement signed upon hiring.