Features of leave for parents with many children under the Labor Code

The legislative framework

The main regulatory document establishing the right to benefits when taking leave for families with many children is the Labor Code of the Russian Federation . In Art. 263 establishes the right to additional leave for this category of citizens.

In this case, the following conditions must be met:

1. If the family has two or more young children (under 14 years old) or a minor with disabilities.
2. Vacation is at your own expense.
3. It cannot be transferred to the next year.

It should be taken into account that the rule of law for the employer is of a recommendatory rather than mandatory nature, and must be reflected in the collective agreement of the enterprise .

Art. 123 of the Labor Code of the Russian Federation classifies mothers of many children as citizens who have the right to choose the time of their vacation. However, this is possible if there are two or more children under 12 years of age in the family .

The right of employees with many children to additional days off is reflected in Russian Government Decree N1048 of October 13, 2014.

What types of benefits are available to fathers with many children?

A man is given the same rights as a mother of many children. Benefits for a father with many children are defined in Decree of the President of the Russian Federation dated May 5, 1992 No. 431 “On the criteria for public assistance to large families.”

Social

Social benefits are provided only after writing an application:

• housing;
• medical;
• transport.

Housing benefits for fathers with many children include improved living conditions and special mortgage programs. A person can receive the first compensation if the size of his living space does not exceed the minimum established.

The second privilege is exercised by issuing funds to pay the mortgage. Loan benefits are available if the bank has programs for such families.

Compensation for kindergarten fees is also provided. For one child a refund of 20% is provided, for two children - 50%, for three children a discount is given - 70%.

Medical

These compensations are given not to adults, but to children. These include free trips to sanatoriums, food at school, and medicines for children.

Tablets can only be obtained with a doctor’s prescription and only those that are included in a separate list by the Ministry of the Russian Federation. But there are times when benefits are provided to the father with many children (prosthetics, dental treatment, etc.).

Transport

Often men with three or more children cannot have a car due to financial constraints. But at the same time they can seek help from the authorities for free movement.

There are discounts for travel on public transport. Travel will be free on all types of transport, with the exception of taxis.

Tax

Paying taxes is mandatory for every citizen. But men raising more than three children have some concessions.

It is better for a man to apply not only for state assistance, but also for assistance from regional authorities.

Benefits are predetermined for men:

• tax deductions for children every month;
• preferential transport tax;
• tax amnesties;
• reduced tax rate (sometimes reaching zero);
• 25% refund on university tuition.

The authorities apply benefits to regulate economic and social relations. So such compensation is important both for people and for government agencies.

Labor

The category includes special working conditions under which the rights of workers are ensured. These include:

• part-time work;
• additional days off;
• providing payments to fathers who have lost the ability to work.

Labor compensation also includes pension payments, which can be state and labor.

Housing and communal services

A separate line is payment for housing and communal services. You can receive a 30% discount on utility bills.

In some regions of the country this figure reaches 50%. It is possible to compensate expenses when purchasing coal for heating a private home.

Who is entitled to it?

It is worth mentioning that a large family in the Russian Federation is one where three or more children are growing up under the age of 18 , provided that they study in general educational institutions. The age limit can increase up to 23 years if we are talking about full-time education on a budget.

The conditions for recognizing a family with many children may differ depending on the region of residence.

Both mothers and fathers of the family can take advantage of the benefits when taking vacations, provided they live together. The main condition for this is that only one of the parents enjoys this privilege , about which a corresponding document must be provided to the HR department.

What to do in case of refusal

Some employers often ignore direct legislative provisions regarding the provision of extraordinary leave. Usually they look for formal reasons to leave such applications of parents with many children without consideration. In this case, the procedure will be as follows:

Remember, you can file a complaint directly with any listed authority. Each of them is authorized to make decisions on the merits and can influence the employer. Ignoring them is fraught with legal liability (administrative, criminal).

Peculiarities

Thus, due to the extreme loyalty of the legislation to parents with many children, employees with this status have the right:

• Choose a time for your vacation, including summer – the most popular time of year in this regard.
• Increase annual paid leave by five days .
• Take advantage of the additional four days off every month.

It is necessary to take into account the upper age limits of children fixed in regulatory documents for receiving most vacation benefits. As a rule, this is 14 years.

The procedure for obtaining the status of a father of many children

Before obtaining the status of a father of many children, a special document must be drawn up. This is the certificate of a father with many children. To obtain this status, you need to choose how the application will be filled out:

• visit to the social protection authorities at the place of residence;
• visiting the MFC;
• submitting an application on the State Services website.

A person with many children can apply for a certificate for children from different marriages if they live with him.

List of documents

The full list is specified in the social protection department at the place of residence or in the place where the person will submit documents. Government agencies request:

• children's birth certificates;
• passport of the father and child, if he is fourteen years old;
• photo of father (3x4);
• marriage or divorce certificate;
• certificate of guardianship or guardianship;
• home addresses and proof of residence for children and adults;
• certificate from university, school;
• written consent with the ex-wife about the location of the children.
• other papers (certificates of criminal record, death, court decision, etc.).

The check will last a month, after which the father will be called to the MFC or social support authority. If no deficiencies are identified, the status of a father with many children will be assigned.

Types of vacation

Summarizing the above, let's consider different types of vacation in relation to large families:

1. Annual compulsory leave. Increasing it for employees with many children depends entirely on the employer. As a rule, it is provided for by the collective agreement of the organization, if such a measure is possible without damaging the functioning of the enterprise.
2. Additional unpaid leave. The period of provision is 14 days, which can be added to the main leave or divided into parts at the request of the employee. As mentioned above, this type of leave is for those who have two or more children under 14 or a disabled child under 18 years of age.
3. Additional days off . They can be provided to both parents, but only in such a way that one parent takes two days, and the other takes two days. The total number of days per month is four.

Can they refuse to provide additional leave?

As noted above, the possibility of obtaining an additional period of rest for parents with many children is provided for, but not guaranteed. That is, the employer himself, based on the characteristics of the production process and the financial well-being of the company, determines whether the employee can qualify for rest. In practice, the most common reasons for refusal of longer leave are:

• lack of money to compensate for more paid time off;
• the right to receive such preferences is not provided for by local documents or an employment contract;
• violation of the efficiency of the enterprise in the absence of an employee.

Receipt of a refusal by the employer cannot be contested by the employee.

Recommended reading: How to write a vacation application?

Payment

According to the Labor Code of the Russian Federation, the following must be paid:

• Extra days off.
• Annual leave and an additional five days by which it can be increased.

The additional fourteen days' leave is unpaid.

An important nuance: if additional days of rest are not used, they are not compensated in any way and are not transferred to the next time period.

Unlike additional days, you can still receive compensation for unused vacation. Read about it here.

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.

Collective agreement

Heads of organizations and enterprises are not required to provide vacation benefits to employees with many children. They make the final decision independently, based on considerations of expediency. The decision made is enshrined in the local regulatory legal act of the enterprise - a collective agreement.

The same act fixes the age of children for recognition of a large family, which has rather blurred boundaries according to the law.

Paid and unpaid leave

Leave for parents with many children, according to the articles of the Labor Code, is granted on a general basis. That is, a working citizen has the right to choose independently in which month he wants to rest. The minimum duration of rest cannot be less than 28 days per full calendar year worked.

Paid additional leave for a parent with many children is not provided for by law: regardless of the number of minor children, paid days will not be provided. The standard duration of annual vacation will be 28 days. But there are exceptions to this rule. Namely:

1. Will of the employer. The company administration can independently assign additional days to vacation for large couples. Such a decision does not contradict the legislation and must necessarily be reflected in local regulations. As a rule, such a privilege applies to enterprises with high income, the budget of which can cover compensation for paid vacations.
2. Active participation of the trade union. Almost every company has a trade union organization, elected by the workers of a particular company and protecting their interests. Trade union representatives can enter into an agreement with the company's management to provide such benefits to employees.
3. Production conditions. This means that employees for whom such a right is directly guaranteed by the Labor Code can apply for more vacation time. These include teachers, kindergarten teachers, military personnel, as well as persons employed in hazardous and harmful production. This also applies to parents with many children.

ATTENTION! If additional leave for a mother and father of many children is issued at the request of the employer or at the request of the trade union committee, then the peculiarities of the production process are also taken into account. If the employee’s absence does not affect the company’s activities, the application for leave will be granted.

The vacation schedule, according to the general rule, is formed at the end of each calendar year. Taking into account the wishes of employees, the order in which vacation days are received is determined. Mothers and fathers from large families first of all choose the months when they want to retire. But this schedule only includes periods of compulsory leave. At the same time, there are categories of persons who may qualify for more leave without pay. These include:

• mother and father raising two or more children under 14 years of age;
• parents of a minor child with a disability.

You may be interested in: Can unused vacation days be lost and how to take them off?

According to the provisions of the Labor Code, the employer is not obliged to provide the citizen with the specified two weeks of rest. It all depends on the workload of the production process and the potential consequences of the employee's absence from the workplace.

Maternity leave for mothers of many children

Maternity leave consists of two periods - maternity leave and rest to care for a child. A woman has the right to rest until a minor citizen reaches the age of 3 years. It is identical no matter which time a girl becomes a mother. Calculation of maternity leave benefits for mothers with many children is also carried out in accordance with the general procedure.

IMPORTANT

When planning to have children, women prefer not to take a long break between them. However, the law does not allow you to be on 2 maternity leave at once. To get a new rest period, you will need to interrupt the previous one. To do this, you need to write a statement to the employer. If a new child is born while the woman is still receiving maternity benefits, double payment will not be provided. A mother of many children will need to make a choice.

Since 2014, there has been a change in the calculation even for calculating pensions. Previously, only 3 years of maternity leave were taken into account. Today the period has been extended to 4.5 years. So, if a woman has 3 children, due to the birth of which she spent a total of 9 years on maternity leave, only 4.5 years will be taken into account when calculating the pension.

Maternity leave is provided on the basis of sick leave. If it is absent, a mother with many children will not be able to take advantage of the privilege.