Providing leave for parents with many children

Parents of several minor children are forced to bear a lot of expenses and spend more time caring for their offspring. In order to simplify the current situation, the state provides additional benefits to categories of citizens. So, today mothers of many children can get leave. The benefit is provided in accordance with the provisions of the Labor Code of the Russian Federation. The duration of rest differs from the classical one. If a woman is raising 3 or more minor children, it is worth familiarizing yourself with the specifics of obtaining privileges in advance.

Labor Code of the Russian Federation

The rules for providing standard rest are fixed in Article 115 of the Labor Code of the Russian Federation. Mothers with many children can receive paid leave based on the above norm. Without maintenance and without maintaining a salary, women have the right to get time off. In this case, the circumstances specified in Article 116 of the Labor Code of the Russian Federation must be present. Child care may be grounds for granting time off.

Attention

The Labor Code does not oblige employers 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. The privilege of additional leave for mothers with many children is granted once a year.

Leave for parents with many children: Labor Code of the Russian Federation 2020

The emergence of a vacation privilege for parents with many children is associated with Federal Law No. 360-FZ, which was signed by the President of Russia on October 11, 2020. 10 days later, on October 22, the document came into force. This means that parents with many children can take leave in 2020 according to the new rules.

The essence of the innovation is as follows: Federal Law No. 360-FZ added Article 262.2 to the Labor Code of the Russian Federation. It states that the employer provides the next paid leave to parents raising 3 or more children at their request - at any time they specify. But there is one caveat regarding the age of children: they must be no older than 12 years.

According to the Labor Code of the Russian Federation, leave for employees with many children is granted at any time, regardless of who the employees are - father or mother. Both parents are entitled to the privilege. Also, the law does not say anything that if the father or mother used their right to leave at any time, then the second parent can no longer exercise it. The explanatory note to the bill, which later became a federal law, states that leave for parents with many children at any time will allow the father and mother to take it at the same time, organizing a full-fledged family vacation with their children.

The authors of the bill are T.V. Pletneva and O.N. Smolin - members of the Communist Party faction.

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. You can contact the employer if the employee has worked for at least 6 months. The head of the company has the right to let the citizen go on vacation in advance.

IMPORTANT

Mothers with many children have the right to take extra rest. There is no charge for the period. The specifics of its provision are enshrined in Article 263 of the Labor Code of the Russian Federation. The privilege can be used by citizens who are raising two or more children under the age of 14 or a disabled child under the age of 18.

The duration of rest can be up to 14 days. The term can be divided into several parts and used gradually. However, unused vacation days cannot be carried over to the next year. The rule is enshrined in Article 124 of the Labor Code of the Russian Federation. The head of the company will agree to release a mother of many children on the basis of a correctly drawn up application. The period can be added to the main rest.

Terms of use of leave by a parent with many children

In addition, when applying the norm of Art. 262.2 of the Labor Code of the Russian Federation, the question may arise about the possibility of an employee with many children taking leave at his request in the first six months after being hired.

As a general rule, an employee can only go on annual leave six months after being hired. The Ministry of Labor, in its letter dated November 20, 2018 N 14-2/OOG-9211, explained that this rule does not establish a special procedure for those who have three or more children under the age of twelve.

Thus, people with many children can take days of paid leave before the expiration of six months after starting work with a given employer only if the employer himself agrees to this.

But after the first six months of work, the employer is obliged to provide annual leave to people with many children at a time convenient for them.

Leave for mothers of many children with children under 14 years of age

If a person is raising minor children under the age of 14, he is entitled to receive benefits. The law obliges employers to provide mothers of many children included in this category with additional leave without pay.

Additional Information

The privilege can be used once a year. It is available to employees who are raising 2 or more children under the age of 14. The parent decides independently when he wants to take advantage of the benefit. The duration of paid vacation is 2 weeks. The period can be divided into several parts. However, they must be used before the end of the year.

What does the law say?

According to the norms of the Labor legislation of the Russian Federation (Article 123), the order of provision of paid vacations is determined annually in accordance with the vacation schedule, which is mandatory for both the employer and the employee. So how do the rules about mandatory vacation schedules for everyone relate to each other and the provision of vacations at any time convenient for a parent of three or more children?

In fact, this is where the first difficulties begin: when should and can a parent with many children exercise their right to leave “at will” - when drawing up a vacation schedule for the next year or even after that?

Of course, due to the “youth” of the provisions of Art. 262.2 of the Labor Code of the Russian Federation, there is still no trace of its application, but, fortunately, there are (and were previously) other types of beneficiaries who have the right to provide leave “at will”: donors, Chernobyl victims and others. I believe that their experience can also be applied to persons with children under 12 years of age.

Vacation benefits

In addition to the above, other benefits are not provided to mothers with many children. However, the employer has the right to independently support employees who have several minor children in their care. The law allows you to assign local benefits. The list of privileges will need to be reflected in the organization’s regulations.

For your information

Providing additional vacation benefits is an employer's privilege, not an obligation. Mothers with many children cannot demand from the organization the opportunity to rest again.

The trade union takes part in the development of local regulations regulating the provision of privileges to mothers of large families. The rule must be followed if such a body exists in the organization.

Leave for parents with many children every year

Leave, which is paid, is given to all working citizens for 28 days, this amount also includes parents with many children. The boss must distribute the priority of vacations so that the schedule is completed no later than 14 days, having discussed this directly with the trade union.

The employee must find out about the start of his vacation no later than 14 days before it starts. The HR department must familiarize all personnel personally.

Unfortunately, the employer manages vacations as he pleases. Leave for fathers with many children is not always given at a time convenient for them, for example, in the summer.

Large family on vacation

Large families, along with their other colleagues, should discuss this issue with their boss.

Who is entitled to extra rest? You should start with paid ones. Labor law identifies certain workers to whom the employer must provide additional leave unconditionally. The following people should be included in this category:

• Manufacturers whose work involves hazardous and hazardous work
• Employees whose schedule exceeds the norm
• Residents of the Far North and similar territories

Obviously, this salary list does not include people with many children. However, despite this, it is still possible for fathers of many children to get leave from work. In addition, the employer must give additional rest to the categories above.

The employer also has the right, taking into account material and production issues, to make additional payments for his own workers. vacation. At the same time, he must create the procedure and conditions for their application in the document, taking into account the advice of the trade union. As an option, large families can receive these additional benefits. vacation.

If the boss does not have the opportunity to send parents with many children on vacation, he can do this without saving wages. The collective document allows for this step.

Can a mother of many children choose when to go on vacation?

Attention
The law does not allow mothers of many children to independently choose when to go on annual paid leave. The employer makes the decision. Rest is provided in accordance with the internal schedule of the organization.

An exception to the rule is rest without pay. It can be:

• use together with the main one;
• divide into several parts;
• use at a convenient time.

The woman determines the period for receiving the privilege independently. The basis for granting a period is the application of a mother with many children. An employer cannot refuse to provide benefits for additional leave.

Types of assistance for fathers with many children.

Despite the fact that benefits are most often determined at the regional level, the presidential decree contains provisions that must be complied with.

Here is a minimum list that fathers with many children in the regions can definitely apply for.

The Ministry is obliged to monitor the amount of assistance to fathers with many children and index it.

A father with many children is provided with the following benefits:

• special conditions for medical care,
• reimbursement of part of utilities,
• free travel around the city,
• priority enrollment of preschool children,
• free meals at school,
• provision of form,
• benefits for business development,
• labor benefits.

Let's look at some types in more detail:

Social benefits.

Benefits associated with preschool and school general education institutions. Take even such a benefit as free food. If a child in a large family has to pay for meals, not every family budget will be able to cope with this task. Especially when the father raises the children alone.

The same goes for buying a school uniform. The priority right to enrollment is necessary so that the father can quickly go to work and provide for his family.

The state has not forgotten about the cultural component. Benefits for a single father with many children come down not only to direct financial assistance, but also to indirect.

For example, he can:

• take your children to the museum for free (no more than once in 30 days),
• obtain a loan or mortgage on preferential terms,
• obtain a plot of land for individual housing construction or for farm development.

Application for issuance of a certificate for families with many children. [13.69 KB]

Medical benefits.

These include:

• providing their children with free medicines (as prescribed by a doctor),
• provision of medical care without waiting lists,
• providing free vouchers to health organizations or providing discounts on such vouchers. Discounts can be given not only for children’s vouchers, but also for father’s vouchers.

Tax benefits.

This includes:

• 100% tax reduction,
• reducing the tax rate on your business,
• compensation in the amount of 25%, provided as a deduction from the university education tax,
• the usual tax deduction for each child is in the amount of 1400-3000 rubles.

Housing and communal services benefits.

Dads can qualify for reduced utility costs. Utility reimbursement varies from 30 to 50% depending on the region.

Naturally, water, electricity and other services are consumed more in a family with children. This support will help reduce utility costs.

In addition, a father with many children living in a private house with his children can claim firewood and solid fuel, the amount of which is established at the regional level.

Labor benefits.

The next thing a father of many children is entitled to is benefits at work .

• They are obliged, first of all, to be provided with jobs, subject to certain qualifications and experience,
• fathers with many children can count on part-time work,
• they cannot be sent on business trips, assigned to work at night (without consent),
• if a father alone is raising a child under 5 years of age or a disabled child, he is entitled to 4 days off in 30 days in addition to the generally established ones (with salary retention),
• vacation at any time chosen by an employee with many children.

Day off for families with many children: extra for mother and father.

Transport benefits.

Transport benefits include the following:

• free travel on all transport within the city, with the exception of taxis,
• free travel on intercity trains,
• exemption from transport tax for one car.

Application for the provision of land for large families. [38.50 KB]

Design features

To receive the required privileges, a mother of many children must contact her employer. To do this you will need to do the following:

1. Select a suitable date if the person decides to take advantage of the benefit provided on the basis of Article 263 of the Labor Code of the Russian Federation, or wait until the deadline established in accordance with the schedule.
2. To write an application. The document must be drawn up in accordance with established requirements. You must provide the paper 2 weeks before the planned date.
3. Wait until the employer issues an order. The document indicates the exact period during which the person may not work. If a citizen is entitled to a payment, it will be accrued on the basis of an order from the head of the organization.
4. Receive payments if they are due. Funds must be credited 3 days before the start of the holiday. Exceeding the period is a violation. The employee has the right to receive compensation for each day of delay.
5. Rest for the prescribed period.

Making an application on your own is not always easy. To avoid mistakes, experts recommend that mothers of many children use a ready-made vacation application form.

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.

Features of providing benefits to fathers with many children.

Above was a basic list of benefits for dads raising more than 3 children. In fact, it can be much wider. This depends on the specific region in which the family lives.

And also on the status of the father. For example, if the father is a military man, the children must be registered in an apartment provided by the military unit. They must also be transferred to a university at their father’s new place of service.

If children were born in different marriages.

In the search bar of the browser, the query “ father of many children, children from different marriages, benefits ” is often entered.

Everything is clear here. Dad is interested in what he can claim in this case. The fact is that benefits are provided by the state with the aim of easing the financial costs of the father so that he can better provide for his children.

That is, raising more than 3 children is not enough to receive benefits. It is also necessary that the father live with them in the same living space.

Leave at your own expense for mothers of many children

In accordance with Article 263 of the Labor Code of the Russian Federation, a number of employees have the right to receive additional unpaid leave. It is provided if a woman is caring for two or more children under the age of 14 or a disabled child under 18 years of age.

For your information

The duration of the vacation at your own expense is 14 days. The period can be used in conjunction with the main vacation, divided into several parts, or independently choose a convenient rest period, regardless of the main schedule. The last rule applies only to additional unpaid leave for a mother with many children and does not apply to the main leave.

The benefit must be used before the end of the year. Additional unpaid leave is not carried over to the next period.

Conditions for receiving an additional day off.

So, if you are a parent of many children and are raising one child with a disability, you must provide documentary evidence.
To do this, contact the social security authorities. There, based on a number of documents, they receive a certificate for a large family.

Let us clarify that not every employee can count on this benefit:

• The employee must have official employment.
• Work at least forty hours. The period is calculated per working week.
• Both mom and dad must be officially employed: according to a work book or contract.
• All minors must be under 14 years of age or studying at an educational institution. Exceptions include children with disabilities under 18 years of age.

If two parents are raising children, and among them there are children with disabilities, then one parent often stays at home and quits work.

In this case, the second parent cannot count on the benefit, since one adult is always with the children.

This benefit is provided to those families where both parents work. So that one or both of them can periodically spend more time with children, the state introduced this type of benefit.

There are a number of exceptional circumstances. For example, if there is a disabled person among the children of a large family, one parent must be officially registered at the workplace.

And the second parent meets one of three conditions:

1. Provides full-time care for a disabled child. The need for constant presence must be documented.
2. Additional days off for a father with many children is provided if his wife is pregnant or on maternity leave.
3. If the second parent works in the Far North, or other difficult working conditions equivalent to them.

A day off for a mother with many children raising disabled children alone is granted, regardless of the above factors.

Father of many children: what are the benefits at work, vacation, transportation.

How are vacation pay calculated in 2020?

Accrual of vacation pay for mothers of many children in 2020 is carried out on a standard basis. Initially, the amount of funds within which the accrual will be carried out is determined. The income received for one year is taken into account. When calculating it, we took into account bonuses accrued in accordance with local regulations, as well as funds provided for the work performed by a mother of many children. The amount due is calculated according to the following scheme:

1. The period within which funds will be accrued is determined.
2. The amount of wages received by the citizen within the prescribed period is revealed. Additionally, bonuses provided in accordance with the standards established in the local acts of the organization are taken into account.
3. The average daily income is calculated. Based on the obtained indicators, the amount of vacation pay is determined.
4. Cash is being accrued. The amount is paid to the woman’s account or given in person.

Funds must be issued within 3 days. If the schedule has been adjusted, you need to rely on the provisions of the order regulating the changes. If payment is not made on time, a fine is imposed on the employer. The rule applies even in a situation where an employee requests leave ahead of schedule, and the paperwork is completed less than 3 days before the start of the period. Therefore, the period should be agreed upon in advance.

For your information

Additional leave for mothers with many children is not paid