Leave for parents with many children under the Labor Code of the Russian Federation in 2021: additional days

Family law > Large/low-income families > Additional leave for parents with many children

Families that have 3 or more minor children are considered to have many children..

On the other hand, a family automatically loses its status as a large family if the eldest child has become an adult, one of the children has died, or parents have been deprived of parental rights in relation to one or several children if no more than two children remain under parental care.

At the same time, the presence of consanguinity between children and parents does not matter: both natural and adopted children are taken into account equally.

In this article we will look at whether the law provides for any benefits when providing leave to parents with many children under the Labor Code of the Russian Federation in 2021?

The concept of a large family

The Labor Code of the Russian Federation stipulates that a family with three or more children under the age of 12 years should be considered large. It is important to take into account the following nuances:

if the number of children is larger, but some of them are over 12 years old, the family will be considered to have many children, but will not be able to use benefits;
the death or death of one of the children is the reason for the cancellation of the status of a large family and the loss of benefits;
deprivation of parental rights of one of the parents automatically prevents him from enjoying the benefits provided for a large family;
The norm applies not only to one’s own children, but also to adopted children under 12 years of age.

It is important to take into account that in case of loss of the status of a parent with many children, such workers can always take advantage of other benefits provided by law.

Remember, the Labor Code of the Russian Federation takes into account the presence of only three or more living children under the age of twelve when granting privileges. Anyone who is older, even if they have not reached the age of majority, when using the preferential procedure for providing rest, is excluded from the calculation.

Vacation highlights

Today, parents who are raising three or more children who have not reached adulthood are recognized as having many children. Benefits for having many children can only be provided if you meet the age requirements at the time of registration. The described official status is revoked as soon as the elder reaches full majority or the established age limit. Also, benefits are lost if a child dies, if one of the parents is deprived of rights, sometimes even to one of the children.

The factor of relationship between children and their parents is unimportant. When establishing the status of large families, born and officially adopted children are taken into account in an equal position.

It is worth noting that in different localities of the Russian Federation the criteria for determining the status of large families are somewhat different. For example, in one city children under 18 years of age are taken into account, in another up to 23 years of age, but only if they receive education at a university and strictly full-time. Sometimes only children under 14 years of age are taken into account; in certain regions this may include children under 16 years of age.

In most regions, official labor agreements take into account all born or adopted children under 14 years of age and/or disabled people under 18 years of age when requesting additional leave. This condition is spelled out in the modern Labor Code, in Article 263.

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The requirements of labor legislation are currently quite flexible. There are a huge number of additional branches. They can expand and supplement the general list of categories of persons who have a legal right to such benefits, all possible compensations and guarantees, and the variety of preferential offers themselves can also be slightly increased.

This suggests that the official employer has the legal right to consider a person with many children who has children from 16 to 18 years old, and in some situations even older, everything directly depends on his personal discretion and the characteristics of the enterprise. Often this category includes students who have reached the age of majority and are studying full-time at one of the universities.

Benefits and rights of people with many children at work

Let's consider the benefits due to citizens raising many children. It is important to take into account that when using a preferential labor break procedure, all children under 12 years of age are taken into account, while for other purposes (in particular during layoffs), the employer is forced to take into account all minors and disabled dependents.

According to today's laws, additional privileges have been established for families with a large number of minors:

the opportunity to relax with your family whenever you want. Here it is not necessary to adhere to the previously approved vacation schedule;
if desired, arrange an additional 14 days of paid break without pay in excess of all that is due;
preemptive right to occupy a vacant position in the organizational structure during downsizing or reorganization of the company. If a woman independently raises more than three children (inclusive), they have no right to lay her off;
restriction of night work, prohibition of overtime work. The norm applies to women with children no older than three years old;
absence of any probationary period during employment. This benefit will be available to the mother of a child who is under one and a half years old at the time of the interview;
other privileges provided for by the collective agreement. This usually includes, in addition to available weekends or vacation days, financial assistance at the expense of the company.

Remember, the status of a socially protected family obliges the employer to provide support for such an employee. At the same time, depending on the situation, different legislative norms of social protection may be applied.

Vacation pay

Payment of vacation days according to the Labor Code is mandatory if we are talking about regular or additional paid vacation. The employer is obliged not only to provide the scheduled vacation period in a timely manner, but also to pay for it before it begins. However, this order is maintained even when vacation days are taken outside of school hours, not according to schedule. By law, a person must receive compensation at least three days before the start of the vacation.

Calculation of compensation payments is made taking into account the average salary for one day and the total duration of rest time.

Average daily income is calculated based on the total amounts of payments received for 12 months. To do this, all accrued amounts for the year are taken, except for those that were paid in the form of financial assistance and those that were also calculated on the average - sick leave, vacation pay. The remaining income is divided by 12 months and then by 29.3, which corresponds to the average number of calendar days in a month. The figure obtained as a result of calculations is multiplied by the duration of the vacation period provided.

Providing additional leave for families with many children

The law provides that citizens with many children can apply exclusively for additional leave, which does not provide for monetary payment from the administration. The procedure for providing this type of vacation is as follows:

the employee selects the period when he needs to rest and writes an appeal addressed to the employer. This should be done in advance;
the employer signs such an application and submits it to the HR department for processing;
After signing the order and familiarizing the worker with it, the employee has every right to stay at home for this period.

Among the important points that are provided for in Art. 263 of the Labor Code of the Russian Federation regarding the provision of such breaks in work, it is necessary to highlight:

This privilege can be used by parents raising two or more children who are under 1 year old at the time of writing the vacation application;
The law does not prohibit parents from dividing this type of vacation into parts. The main thing is that its quantity does not exceed 14 calendar days;
the employee independently decides when to take this type of vacation. And the employer has no right to refuse him this;
such a break can be added to the planned (preferential) leave, provided at a time convenient for the worker.

Remember, parents with many children can only take additional vacations at their own expense. Moreover, such a vacation can be organized at any time convenient for them.

Getting extra days off

Parents with many children have the full right to receive an additional 4 days off during the reporting year. Such days, unlike the 14-day vacation, are officially provided by the employer and must be paid by him. You can get such days off under the following conditions:

Only one parent can be given days. If they are divorced, but have completely equal rights to the children, the allotted time is divided into two days off for one parent and two for the other;
Weekends of such a plan cannot be considered a vacation or in any way overlap with such a vacation;
If a person does not use the paid days off provided by the additional plan, no compensation is provided for them;
The number of such days off is strictly unchanged. The time period is not affected by the number of children born or adopted in one family.

Additional days off are provided to employees solely on the basis of an appropriate, well-written application.

Who can take leave: mother or father?

At the moment, the Labor Code of the Russian Federation in terms of the preferential mandatory 28-day break, as well as additional rest without pay, does not distinguish between these concepts between mother and father. The rules apply to employees. It follows from this that both the mother and father of the children can apply for a vacation period according to these rules. Regardless of whether they work in the same company or in different ones.

Leave for families with many children in the collective agreement

In order to support and stimulate their workers, many companies include additional norms for social support for large families in collective agreements. One of these norms is the employee’s right to take additional leave. In this case, it is necessary to take into account the following features:

The employer may establish in the collective agreement the employee’s right to additional paid or unpaid rest. The norm will be in force as established in the Labor Code of the Russian Federation.
In this case, vacation pay is paid at the expense of the company’s own funds.
The enterprise must have a provision that clearly defines who, under what conditions, and when has the right to take advantage of such a benefit.
The employer’s refusal for any reason to provide the rest specified in the collective agreement in excess of the normal duration will be regarded as a direct violation of labor legislation with all the ensuing legal consequences.
The norm applies to all employees of the company, regardless of whether they are members of a trade union or not.

Remember, if the employer has established additional leave for people with many children in the collective agreement, you will need to familiarize yourself with the internal local procedure for providing it, and only then write a corresponding application. Here it is necessary to refer to the clause of the collective agreement.

Sequencing

Registration of additional leave for parents with many children consists of the following sequence of actions:

Approximately two full weeks before the start of the required vacation, a request is written and given to personnel officers.
An official order is issued.

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At this point, the registration process is considered completely completed. Due to the fact that the leave is unpaid, you will not have to receive money from the accounting department according to the standard plan. The decision as to whether or not to grant an employee additional fully paid leave rests solely with the manager.

Conditions for granting preferential leave

Today, a citizen can legally interrupt his work activity and rest at the employer’s expense if he has the following documents:

According to the previously approved schedule . This document is formed at the end of the next year. Provides for an even distribution of rest periods to all company employees. The presence of such a schedule allows the employer not to take leave requests from the employee. A signature confirming familiarization with the schedule is sufficient. True, two weeks prior to the start date of the vacation, it is advisable to notify the worker in writing about the start of the legal vacation.
According to the statement . Usually it is issued when the break is unscheduled, preferential, without saving income. These rest periods cannot be scheduled. Therefore, to express his desire to take advantage of such a norm, the worker writes a statement. Here it is necessary to indicate the basis (article of the Labor Code of the Russian Federation) on which such a benefit should be accepted for consideration. Keep in mind that in the case of parents with many children, the norm of providing them with rest at a convenient time is mandatory.

Remember, in order to receive the desired preferential vacation, you must inform the employer about this in advance, indicating the article of the law that allows this.

Vacation rules

Providing an additional vacation period for parents with many children is simple. The main condition here is that the employee writes a corresponding statement. It is compiled in free form, by hand, on a sheet of A4 paper. The request contains such important information as:

Full name of the applicant;
Category of vacation provided and desired time of rest;
Legal grounds for the required leave;
List of documents that are attached to the request.

The written application will need to be accompanied by a certificate confirming that during the reporting period the other parent did not use the required benefit. This could be a regular certificate from your workplace. You will also need to provide documents for the children. If the vacation period is due to parents who are raising a disabled person, they must provide an appropriate medical certificate.

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:

Action	A comment
Make sure that your request for extraordinary leave is denied	It is advisable to clarify the reason for the refusal through the HR department. For example, if an employee has already taken his allotted vacation, there is no use in complaining anywhere. In other cases, the decision can be appealed and canceled.
Contact the trade union	An illegal decision by an employer can be appealed through the trade union organization of your enterprise. You will need to write a statement addressed to the head of the trade union and briefly outline the essence of your problem. The response to such a statement is provided in writing.
File a complaint with the labor inspectorate	The fact of violation of employee rights is considered here without fail. Based on the results of the review, an order is issued that is mandatory for the employer to comply with.
Write a statement to the prosecutor's office	It is also empowered to hear such cases and make binding decisions. In addition to the application, you will need evidence that you are right.
File a claim in court	Nobody prohibits a citizen from defending his rights in court. In this case, the decision will be final and binding. True, this may take some time.

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).