What rights does a mother of many children have at work in 2020?

Pension preferences

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Rights of a mother of many children at work in the Labor Code in 2020

Child care may be grounds for granting time off. Attention, the Labor Code does not oblige the employer to provide additional paid leave to mothers with many children. However, heads of organizations have the right to independently assign the above benefit.

Article 263 of the Labor Code of the Russian Federation allows citizens with several children to rest without paying wages. The duration of the additional period can be up to 14 days. The benefit can be used at any convenient time.

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The privilege of additional leave for mothers with many children is granted once a year. The right of a mother of many children to leave Like any employee, a mother of many children has the right to receive annual paid leave. It is provided in accordance with Article 115 of the Labor Code of the Russian Federation. The duration of rest should not be less than 28 days per year.

If a woman was on maternity leave for 9 years at the birth of 3 children, then when applying for a pension, only 4.5 years will be taken into account. Common mistake Error 1. The employer believes that if one of the three children has reached at least 18 years of age, then the mother is not considered to have many children and deprives her of benefits for this category of employees. According to the law, the status changes when the child reaches 18 years of age or 23 years of age if he is studying full-time at an institute.

The man filed a complaint with the Labor Inspectorate.

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

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

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

• 1 Who can be classified as having many children?
• 2 What benefits can people with many children expect at work? 2.1 Benefits for mothers with many children
• 2.2 Benefits at work for a father with many children

Citizens who are raising several children at once are classified by the legislation of the Russian Federation as a socially protected category.

They are granted certain privileges in legal relations, including special benefits for parents with many children and at work. Russian federal law does not clearly regulate the concept of large families.

Only the presidential decree on social support for large families No. 431 of 1992 contains a reference to this term. It is noted there that regional authorities should be in charge of establishing criteria and defining terms that regulate this concept.

Families with a large number of children are protected by domestic authorities. They are provided with various preferences in the social and everyday sphere. Also, they have special rights from the employer.

There is no criterion in state legal acts to determine having many children. They indicate that the regional government has this right. Since 2018, large families include two-parent families or single parents who have at least 3 children under 18 years of age.

The privileges and rights of a mother of many children at work are outlined in the Labor Code of the Russian Federation (Federal Law N 197-FZ “Labor Code of the Russian Federation” (04/01/2019)):

• if a mother has a child whose age does not exceed 1.5 years, she does not have a probationary period when applying for a job;
• if necessary, the mother of a disabled child or a young child can be given a shortened working day;
• if the mother has a child whose age does not exceed 3 years, she can perform overtime or night work only with written consent;
• at her own expense, a mother of many children can receive an extraordinary leave of 2 weeks, if this is specified in the collective agreement;
• paid leave when needed. This right is valid from October 22, 2020.

In all other respects, a mother who is considered to have many children receives rights on an equal basis with other employees of the organization.

Article 261 of the Labor Code of the Russian Federation explains that the severance of labor relations at the request of the director of a company with an employee is prohibited if at least one of the conditions is met:

• she has children under three years old;
• she has three or more children;
• she is recognized as a single mother and is raising a disabled child (under 18 years old) or a young child (under 14 years old);
• she is pregnant.

An exception to this rule is the unlawful acts of a woman or the liquidation of a company.

Thus, answering the question whether it is possible to fire a mother of many children from work, the legislation gives a clear negative answer.

To confirm the status of having many children, you need to provide the accounting department with a copy of the certificate of the parent with many children. If such identification is not available, you can bring copies of birth certificates for all children, as well as a copy of the passport page on which these children are listed.

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.

We suggest you read: Should sick leave be paid after dismissal?

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.

Now both working parents who have three or more children under the age of 12 have the right to annual paid leave at any 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.

According to the Labor Code of the Russian Federation, parents with many children do not have such a right. However, when writing a letter of resignation, you can ask to be fired without working the required two weeks. It is advisable to provide a valid reason. But, unfortunately, it’s up to the employer to decide whether to allow them to not work for two weeks or not.

At the same time, if the mother or father cannot continue to work in case of enrollment in an educational institution, in case of retirement, and also if the employer violated labor laws or other labor rights, then they have the right to resign within the period specified in the application ( Article 80 of the Labor Code of the Russian Federation).

There is no direct reference to such a right in the Labor Code. But, according to Article 262, such an additional paid day off once a week is given to one of the parents (guardians) of a disabled child. It turns out that if there is a disabled child in a large family, then the mother or father can count on such a day (or 4 days off per month).

Yes, if the mother has no children under three years of age. Yes, if the father has no children under five years of age. Otherwise, only with her/his written consent (Article 259 of the Labor Code of the Russian Federation).

But, if the mother is pregnant, then definitely no, she cannot.

By the way, this prohibition applies not only to night work, but also to overtime work, as well as to work on weekends and holidays and to going on business trips.

I hope that in this article I have answered most of the questions of parents with many children regarding their labor rights. By the way, I also learned a lot of new things for myself when studying the Labor Code. Therefore, I advise you to study it in more detail.

I look forward to your questions in the comments below the article. I will be grateful for likes and reposts.

Sincerely, Vitaly Kolesnikov, father of many children,

author of the website for parents of many children MnogoDetey.ru

General provisions

Citizens who are raising several children at once are classified by the legislation of the Russian Federation as a socially protected category. They are granted certain privileges in legal relations, including special benefits for parents with many children and at work.

General provisions

How to book a vacation

To receive additional leave, a mother of many children is required to write a corresponding application submitted to the head of the organization in which she works.

A period of rest at your own expense is possible:

• combine with annual paid;
• divide over several days;
• take days at any convenient time.

An employer cannot refuse leave for any reason.

Maternity leave consists of two periods - rest in connection with pregnancy and after childbirth, as well as for raising a dependent. The right to leave accrues within 3 years, regardless of the number of children. In this regard, labor rights are granted under the same regime.

The limitation of the law is being on maternity leave at the same time to care for 2 children at once. To open a new period, the previous period must be interrupted. To do this, submit an application to the employer. However, double payment is also not provided.

We invite you to familiarize yourself with: The procedure for registering a work book when applying for a job

To receive additional leave, a mother of many children is required to write a corresponding application submitted to the head of the organization in which she works. The document indicates the reason for the leave and its duration. The design assumes the following order:

1. The application is drawn up in a certain form and submitted to the manager’s secretary. This must be done at least three days before your vacation.
2. The application indicates the date of termination of work and subsequent entry into labor duties.
3. If the woman has any supporting documents, they should be attached to the application. This could be a copy of the book of a large family, birth certificates of minors, etc.
4. After reviewing the submitted documents, the manager is obliged to endorse the application. After this, a corresponding decree is issued, regarding which a specific employee is granted unpaid leave on certain grounds.
5. The employee reads the order and signs.

Since we are talking about unpaid leave, the order must subsequently be transferred to the institution’s accountant. He enters the received data into the timesheet.

A mother with many children retains the right to go to work early. To do this, she only needs to submit the appropriate petition.

The law on pensions has a clause regarding the mother’s early retirement. This right was granted to women back in the USSR. Today, it operates on the basis of a federal law, which states that a mother of many children is able to apply for an early pension if:

1. She is raising more than five minor children.
2. The woman’s work experience is more than 15 years.
3. If we are talking about work in the Far North, then a mother with many children can qualify for a pension after 12 years of work. In this case, it is enough to have two minors.
4. If the region is equal in its working conditions to the Far North, then the work experience must be at least 17 years.

If a woman has fewer than five children or has not worked under difficult conditions, then she retires on a general basis. But even in this case, she may qualify for certain benefits.

If a mother of many children plans to retire early, then she should collect a package of certain documents for this. And here there are two options for submitting papers:

1. If the mother plans to continue working, the pension is processed by an accountant or secretary of the organization of which she is an employee.
2. If a woman decides to deal with this issue on her own, then she will have to contact the territorial office of the Pension Fund where she underwent passport registration.

You will need to provide the following documents:

• a completed application for early retirement;
• papers confirming work experience;
• original and copy of work book;
• birth certificate of each child;
• certificate of income of the mother and father (regarding the filing period, you should consult with an employee of the Pension Fund);
• document confirming marriage or divorce.

The right to early retirement at 50 years instead of 55 is granted to mothers of children who (at least one of the following conditions must be met):

• 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.

If a woman is raising at least 2 children under the age of 14, the employer is obliged to allow the employee to take additional underpaid leave, which can be granted once a year. However, this benefit must certainly be spelled out in the collective agreement of the enterprise, otherwise it will hardly be possible to exercise your right - the employer has the right to refuse to issue additional vacation days.

When applying for additional leave, you must remember the following points regulated by law:

• the duration of the vacation can be no more than 2 weeks;
• Additional vacation can be taken all at once or divided into parts;
• additional days of vacation can be added to annual leave with pay;
• if a woman has not taken advantage of the right to additional leave in the current year, she cannot transfer it (either partially or completely) to the next year.

Question No. 1: I must accompany my minor son to another region, since he was enrolled in a university and was given a place in a dormitory. Can an employer refuse to provide me with additional leave at his own expense{q}

Answer: No, in this case the employer does not have the right to refuse to grant the child’s mother unpaid additional leave.

Question No. 2: Can a mother of many children apply for a position in a budget institution without going through a competition{q}

Answer: This possibility was repeatedly discussed in the Government, however, specific instructions were never included in federal legislation.

Documents for early retirement

If a mother raising three or more children decides to receive a pension early, then for this she will need to collect a certain package of documents, which can be done in two ways:

• If the specified citizen wishes to continue working, then the process of registering a pension will be handled by an accounting employee or secretary of the enterprise where she works.
• If a woman decides to independently resolve this issue, she will have to contact the territorial branch of the Pension Fund of the Russian Federation at her place of registration. To do this, she will need to provide the following documentation to the competent authorities:
• Application for early retirement, drawn up in the form prescribed by law;
• Information about the duration and type of work activity;
• Work book;
• Documentation confirming the birth of each child (certificate);
• Documented data on the level of income received by her and her husband (if the applicant is married);

Severance pay issued to mothers raising more than two children can be issued on a general basis. So, in the event of dismissal from a previous place of work, such a privilege is subject to accrual on the last working day and only if the employee is laid off. Severance pay is paid in the amount of one month's salary for two months.

Other employment benefits

In addition to these preferences, labor legislation provides other guarantees; for parents raising more than two children, for example, dismissal is prohibited if the following circumstances exist.

• The employee is raising a child who is under three years old;
• The family includes more than two minor children whose age does not exceed thirteen years;
• The mother's work is the only source of income in the family.

Also, a probationary period cannot be established for a woman who gets a job and has a child whose age does not exceed one and a half years. This rule also applies to other persons raising a child of the above age, if there is no mother in such a family.

In addition, assignment of part-time work may be feasible for the following persons:

• Women who are pregnant;
• One of the parents in whose care there is a child under fourteen years of age, or a disabled minor child.

Where to contact?

Today in the Russian Federation, the functions of assigning preferences for mothers of large families are assigned to the social protection authorities. A document certifying the status of a large family can also be issued by the mentioned department. For this purpose, interested parties must collect the following documentation:

• Identification documents of the mother or both parents. The differences in requirements in this case depend on the standards established by regional legislation;
• Birth documents of all existing children (certificate);
• Certificate of marriage or divorce;
• Photograph of the applicant measuring 30 x 40 mm;
• A certificate containing information about the composition of the family;
• An agreement confirming the legality of adult children living with one of the parents (if the couple is divorced).

According to current practice, verification of all provided documentation by the competent authorities takes no more than thirty days, after which an appropriate decision is made. In some cases, when a child has reached the age of sixteen, but continues to study, a mother of many children will additionally need to provide information confirming the fact of the child’s further education.

Who falls under the category of mothers of many children?

There is no clear concept of a large family in federal legislative acts. The President of Russia authorized regional authorities to determine the grounds for receiving state and local support measures. The authorities grant families the status of large families based on the following data:

• 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.

FAQ

Question: Can a single mother raising four children be fired, given that the only source of income in the family is her salary.

Answer: No. The law prohibits dismissals under such conditions. A rare exception may be inappropriate and immoral behavior of such a woman at her workplace.

Question: In what cases can a mother of many children apply for a pension before the deadline established by law?

Answer: An interested citizen can receive a pension early only if she has more than five children, four of whom were raised before the age of eight, and fifteen years of work experience.

LJ magazine

You cannot demand a shortened working time: Article 92. Shortened working hours The shortened working hours are established: for workers under the age of sixteen - no more than 24 hours a week;
for workers aged sixteen to eighteen years - no more than 35 hours per week; for workers who are disabled people of group I or II - no more than 35 hours per week; for workers employed in work with harmful and (or) dangerous working conditions , - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The length of working time for students of educational institutions under the age of eighteen, who work during the academic year in their free time from school, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.

This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers).

BUT! You have the right to demand a part-time working day/week: Article 93. Part-time working time By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently.

The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working on a part-time basis, the employee’s remuneration is made in proportion to the time worked or depending on the amount of work performed. Working on a part-time basis does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor right

Employment benefits

If a mother of many children applies to the Employment Center for the purpose of employment, then she is granted some privileges, namely:

1. To change qualifications and professions, it is possible to undergo free training.
2. Employment in accordance with personal preferences.
3. Choice of form of employment: full-time and part-time, work from home, part-time, etc.

For large families, the state provides various forms of assistance. Motherhood is supported in every possible way in the form of material and non-material support options.

Dismissal at the initiative of the employer

In some cases, an employer, on its own initiative, has the right to terminate an employment contract with a mother of many children. Such conditions include the following:

1. The qualifications do not correspond to the position held. Dismissal is possible after certification. It is impossible to independently determine the insufficient level.
2. Avoidance of official duties.
3. Absenteeism and absence from work without a valid reason for more than four hours in a row.
4. Being in a state of drug or alcohol intoxication at the workplace (the fact is determined by a doctor).
5. Violation of company trade secrets.
6. Violation of safety standards, which led to an emergency situation, injuries and disability of workers.
7. Committing theft of property in the workplace or intentional damage to company property.
8. Providing false documents.

The legislative framework

Find out how pensions are assigned to mothers of many children in the article:

pension for mothers of many children

.

If you are interested in how the pension of a mother of three children is calculated at the age of 50, read here.

If you want to know what benefits mothers of many children are entitled to when retiring, look here.

The rights of a mother of many children at work are guaranteed by the labor legislation of the Russian Federation. They are similar to the rights that all parents of young children under one and a half, three or 14 years old have.

A mother with many children may be granted the right to early retirement, but for this certain requirements must be met.

Attention!

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Work upon dismissal

According to the Labor Code of the Russian Federation, an employee is obliged to inform the employer of his intention to resign two weeks in advance. During this period, a new employee is selected and trained for upcoming tasks. In this case, benefits for mothers of many children according to the Labor Code are not provided for mothers of many children.

If there is a valid reason requiring urgent dismissal, it is possible to sign an application without working out. Legislation does not establish valid reasons. This issue is completely resolved by the employer.

Along with the privileges for mothers of many children, there are also benefits for fathers with many children raising more than three children. Especially if the man is the only breadwinner in the family.

Getting status

There is no criterion in state legal acts to determine having many children. They indicate that the regional government has this right. Since 2020, large families include two-parent families or single parents who have at least 3 children under 18 years of age.

The state is taking steps to support mothers with many children.

It is important to understand that raising three or more children requires serious financial investments and takes a lot of time.

In most cases, women with many children do not have the opportunity to work full-time and bring money to the family.

Therefore, the state provides benefits and a number of benefits that a mother with many children can claim. Benefits directly depend on the region and may vary in different regions of the Russian Federation.

But in any case, to receive them it is necessary to officially register the status of a mother of many children. Without such a step, it will be impossible to receive help from the state.

A document that indicates the existence of such status is a certificate of a mother of many children. Payments to mothers of many children are made on the basis of this document.

All issues related to the social protection of the country's citizens, including the granting of the status of a woman with many children, are resolved by employees of the social protection authority. Regional offices are located in all regions of the country.

Before contacting this authority, you must first prepare a certain package of documents. The specific list directly depends on the region of circulation.

As an example, here is a list of documents that are required to obtain the status of a mother of many children in Moscow. So, to obtain a certificate, a woman must provide:

1. Application (a sample can be obtained from the MFC).
2. Resident passport of the Russian Federation.
3. Documents for children. In this case, the provision of their birth certificates is required. Moreover, the corresponding document must be submitted for each child. Along with the original certificates, copies must also be provided.
4. Photos of the woman applying for status (size – 3 x 4).
5. Documents that indicate the conclusion of a marriage. If the woman is unmarried, she must provide a certificate of divorce (if any).
6. Papers indicating the place of residence of the applicant and children.

If the paternity of the children has been established in court, you will also need to provide a copy of the relevant court decision. In the event that the father of the minors has died, a certificate of his death must be submitted.