Single mother leave under the labor code in 2021

11.09.2019

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The rights of single mothers under the Labor Code are given a certain priority in relation to other employees. This is expressed in the ability to choose a vacation period, accrue social benefits, receive protection and other government benefits. We will find out in the article what else women raising a child without a husband can claim and under what circumstances.

Shortened single mother's day labor code 2021

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.

How to get additional leave.

Single mothers can take additional unpaid time off at any time upon their written request.

The vacation schedule is drawn up in the organization at the end of the calendar year for the next period. All employees must familiarize themselves with the document and sign it.

At the same time, additional vacation does not have to coincide with the main one. A woman has the right to take these days at any time convenient for her.

To receive additional leave, you will need to write an application to the head of the organization.

A single mother can take two weeks at her own expense only once a year, unless otherwise stated in the employment contract.

To receive additional rest time, you must provide a document confirming your right to the benefit.

It is a single mother's certificate (or a dash in the birth certificate), which can be obtained at the social security department on the basis of a certificate from the registry office where the birth certificate was received.

Rights under labor law

The Labor Code provides for the rights of single mothers regarding working hours, workload, vacations and business trips. An employee can count on a reduced working day, additional leave and other benefits.

Night work and business trips

If it is necessary to involve an employee who is raising a child under 5 years old without a husband to work at night, the employer must obtain her written consent and a certificate of no contraindications from a doctor (96 Article of the Labor Code of the Russian Federation). He is obliged to inform the woman in writing about her right to refuse night work and cannot regard her refusal as a disciplinary violation - the rights of single mothers are protected under the labor code.

Similar rules apply to any overtime work on weekends and holidays, as well as business trips (Article 259 of the Labor Code of the Russian Federation).

Additional holidays and days off

The rights of a single mother at work include the possibility of receiving additional days off and auxiliary leave without pay. A woman raising a minor under 14 years of age has the right to repeated vacations, granted at a time appropriate to her upon application.

She can spend them at a time or in parts, but not transfer them to the next calendar year (263 Article of the Labor Code of the Russian Federation). The exception is the presence in the organization of a collective labor agreement, the terms of which do not provide for the provision of additional leave. Then a single mother has no right to demand it.

If a mother is raising a disabled child, she has the right to demand from the employer 4 paid days off per month in addition to the main ones, but does not have the right to accumulate days or transfer them to another month.

Half-holiday

The Labor Code determines what rights a single mother has in terms of work regulations. The employer must appoint a shortened working day at the request of a woman raising a minor under 14 years of age or a disabled person under 18 years of age. An employee can submit an application on the day she starts work or at any time during the performance of her duties for the required period.

Working part-time does not limit the other rights of a single mother. Every year she is provided with paid leave, the full time of work is counted in her work experience, bonuses are awarded, and the work is paid in accordance with the volumes actually completed (93 Article of the Labor Code of the Russian Federation).

Question about dismissal

A frequent question in legal consultations is whether a single mother who is caring for a child under 14 years of age or a disabled child under 18 years of age has the right to get a layoff? According to Article 261 of the Labor Code of the Russian Federation, the employing company cannot terminate the employment contract of its own free will. Exceptions:

• termination of the organization's activities;
• regular failure by the employee to fulfill official duties;
• gross failure to comply with work duties - absenteeism for no reason, showing up at the office under the influence of intoxicants, theft of valuables or established violation of labor safety standards with serious consequences;
• unlawful actions of an employee working with money or goods;
• committing an act after which it is impossible to continue working in the company.

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.

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.

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Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation. So, it is possible that you and your employer have an agreement to share the leave, which is why he only signed you up for 14 days.

Try talking to your boss again, explaining to him the reasons why you need a longer vacation at this time. Now in practice it happens that the rights of workers are not respected at all, and at the same time workers, for fear of losing their jobs, do not enter into discussions with their superiors.

If you have a similar situation, but want to spend more than 14 days at sea, I advise you to use another article of the Labor Code.

Like a single mother when she's supposed to be on vacation

The Labor Code of the Russian Federation establishes that certain categories of employees, in cases provided for by the Labor Code of the Russian Federation and other federal laws, are granted annual paid leave at their request at a time convenient for them.

However, neither the Labor Code of the Russian Federation nor other federal laws stipulate that single mothers with two children have the right to use it at a time convenient for them.

In the case under consideration, one of the children has already turned 14 years old, therefore, in this situation, a single mother does not have a preferential right to use the next one at a time convenient for her. Can they deny you leave if you are a single mother? In accordance with Art.

Labor benefits for single mothers (single mother labor code)

• 1 General information
• 2 Assignment of status
• 3 Benefits
• 4 Labor Code of the Russian Federation
• 5 Procedure for providing rest
• 6 Breaking the law

Additional leave for a single mother is her right, which is provided for by the current legislation of the Russian Federation.

In case of refusal to comply with the law, the employer may be held liable in the form of penalties. General information The employer's obligation to comply with all requirements provided for by the Labor Code of the Russian Federation and other legal acts regulating labor relations.

Only those women who have officially been assigned the status of a single mother, and have documentary evidence of this, can take advantage of additional leave.

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

A situation is possible when an employee receives only additional leave, for example, if she became a single mother after she was on the main leave. Let's assume that an employee of the enterprise wrote an application for granting her, from July 26, 2004, Additional leave and benefits for a single mother in Ukraine Compensation is provided only if a single mother is fired for all days of additional leave unused by her. Remember that if you did not use this vacation, it remains valid for the next one. That is, you can accumulate such vacation and use it later (in total for all years).

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: Order for compensation for unused vacation: sample 2021

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.

The rights of a single mother at work - what you should pay attention to

In labor legislation, they tried to take into account the life circumstances in which a mother finds herself raising a child without a spouse. However, sadly, it is worth noting that some guarantees can remain only on paper, so when hiring, the employer, having refused to employ the mother, can issue a written explanation about other reasons for the refusal to work, and prove that in fact the job is not took because of the presence of a child (children) it will be difficult.

As for vacations, additional vacation according to the law can only be provided for by the organization’s collective agreement, which in fact often does not exist. Therefore, this issue should be discussed with the employer in person in advance.

It is also worth remembering the right of a mother raising a child without a father to a standard tax deduction equal to 2,000 rubles each month until her total income reaches 280 thousand rubles.

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.

Why is there so often a dash in the paternity column?

Very often, when a single mother goes to the registry office to register her newborn baby, its employees advise putting a dash in place of the information about the actual father. Naturally, they give such recommendations, also pursuing their own interests, but nevertheless, a woman should take note of their words. This is due to a number of bureaucratic issues, for example:

• in case of traveling abroad with a child, the father’s permission will be required, but often his whereabouts are unknown - as a result, the mother will have to try to prove the fact of his legal absence;
• if it is necessary to register a child, housing workers may insist on the presence of the father, although this is not entirely legal, but is very important for the capital region;
• in the case of a dangerous operation associated with a great risk to the child’s life, doctors sometimes require both parents to sign permission - this is, of course, an exception, but life is unpredictable.

These are the reasons that force single mothers to put a dash in the paternity information column. But it is necessary to say about the disadvantages of such a decision regarding the right of inheritance. Indeed, according to the law, children who do not have official records of their actual father on their birth certificate are deprived of the opportunity to inherit his property. Therefore, the mother must weigh the pros and cons in both cases and rely only on her own choice to protect her and the child’s rights.

Vacation

Modern labor legislation does not reflect the right to grant the next leave at a time convenient for the employee if she alone is raising two children under the age of twelve.

This rule was in the regulations of the USSR, and has been unofficially preserved to this day.

In practice, employers accommodate single mothers and provide rest days at the most convenient time for them. However, it is important for girls to know that refusing such a request will be legal. None of the modern acts indicate a privilege in choosing the time of the main vacation outside the vacation schedule. But a woman has the right to request an additional unpaid fourteen days at any time.

Leave for single mothers with children under 14 years of age

Additional leave for single mothers, as well as for fathers who raise a child on their own, is provided exclusively until the minor is fourteen years old. According to the Labor Code of the Russian Federation, a citizen who has received a passport no longer requires special care.

Vacation if children are over 14 years old

All labor benefits and privileges for single mothers provided for by the Labor Code of the Russian Federation cease when their child reaches fourteen years of age. An exception is disabled children, for whom all benefits remain until adulthood.

Vacation at your own expense

It is up to the employee to decide whether or not to take leave at her own expense, which is provided for by law. Unlike the next paid one, the employer is not obliged to insist on it, nor can it be postponed to the next year.

In practice, many girls either add it to the main rest time, or break it down by day, receiving an additional fourteen days off per year. Both options are legal.

Should I put a dash in the Paternity column?

It's no secret that for a mother and child to travel abroad, a notarized permission from the father is required. If the father's place on the birth certificate is vacant, the mother will not need to prove to customs officers that the father entered in her words is not legally real.

The legislation provides for a huge number of situations when certain actions concerning a child cannot be performed without the permission of the other parent. Another example confirming the advantages of an empty column is registration at the place of residence. If the parents are registered at different addresses, then the father’s consent and an extract from the “father’s” house register are not required for the permanent registration of the child at the mother’s place of residence. Of course, the law clearly states that passport office employees are required to register a child with their mother if they have a birth certificate, the mother’s passport and her application, but this still has to be proven. It is especially difficult for Muscovites. Our capital, as you know, is not rubber, so the procedure for registering a newborn here is seriously complicated.

And most importantly, nowhere in the legislation does it say that medical intervention in a child’s body requires the consent of both parents; as a rule, one is enough. But there are cases when, during risky but necessary operations for a child, doctors demanded the permission of both parents.

So the main advantage of a dash in the “father” column is the absence of bureaucratic problems and the need to spend money on a notary every time. However, there is one nuance in this state of affairs. According to the civil code, children are considered first-priority heirs, so a child will not be able to inherit property from the actual father if there is no official record of paternity.

Does a single mother have priority when choosing annual leave?

Single mothers are legally entitled to additional leave, and under special conditions. 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. Leave is granted specifically to women who have, 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. If a woman is, 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;

Does a single mother have the right to vacation in the summer if she is raising two children?

Hello. I have 2 minor children.

My daughter is 12 years old (will be 13 in February) and my son is 3 years old. I'm a single mother. Tell me, do I have the right to vacation in the summer?

Last year, when drawing up the vacation schedule, my opinion was not asked.

This year I was given a vacation in the summer, having been warned that it would not be given at the same time next year. my eldest daughter will be 13 years old. I raise children alone, and there are no grandmothers either.

I am officially a single mother. Syktyvkar,

Does a single mother have the right to vacation in the summer?

However, neither the Labor Code of the Russian Federation nor other federal laws stipulate that single mothers with two children have the right to use it at a time convenient for them.

The employee must be notified by signature of the start time of the vacation no later than two weeks before its start. In accordance with Art.

124 of the Labor Code of the Russian Federation, it is prohibited not to provide annual paid leave for two years in a row, as well as failure to provide annual paid leave to employees under the age of eighteen and to employees engaged in work with harmful and (or) dangerous working conditions.

advant24.ru

The priority right to vacation during the summer period is granted to some employees of the Labor Code of the Russian Federation and other federal and regional regulations. From this material you will find out who can use it. Grounds for granting priority rights to summer vacation Who has the right to summer vacation on the basis of the Labor Code of the Russian Federation?

Which parents of minors can take priority vacation in the summer? Priority right to vacation for other categories of employees Implementation of priority right to summer vacation Subscribe to our channel in Yandex.Zen!

Subscribe to the channel Grounds for granting priority rights to summer vacation The Constitution of the Russian Federation in Art.

37 defined one of the fundamental human rights - the right to rest. As one of the guarantees of its implementation, the right to annual paid leave is indicated.

To do this, you should submit a complaint to the employer in order to resolve the issue pre-trial.

dtpstory.ru

— — How annual leave is provided to a single mother. These include labor:

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

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.

You can't reduce wages

Single mother's leave

1. Please tell me how many days of vacation a single mother is entitled to?
2. I am a single mother, my child is 12 years old, am I entitled to vacation in the summer?
3. Are single mothers working in the far north entitled to summer leave?
4. Based on what law is a single mother entitled to leave during the summer?
5. Is a single mother entitled to additional leave?
6. Is additional leave at your own expense allowed in the police or the Ministry of Emergency Situations for a single mother?
7. I am a single mother, whether I am entitled to summer leave or not.

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

Are single mothers working in the far north entitled to summer leave? 1.1.

Who has priority rights to vacation during the summer?

/ / April 1, 2021 1 The priority right to vacation during the summer period is granted to some employees of the Labor Code of the Russian Federation and other federal and regional regulations.

The order of granting vacations is determined by Art.

122 of the Labor Code, which also presupposes a special right of some employees to it even before reaching the standard 6-month work experience in the organization. For example, pregnant women and minors are recognized as such

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 social and material purposes when deciding to have a child without marriage.

There is no legislative concept, 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 raising and developing children,

Single mother's leave: additional leave and annual leave until age 14

Women raising a child on their own have a number of benefits, including in labor relations. Some of them are concerned about the question of whether single mothers are entitled to additional leave.

The legislation provides special rights for this category of persons. 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:

1. the child was born 300 or more days after the divorce;
2. if the woman independently registered the adoption of the baby;
3. the father is not listed on the birth certificate;
4. 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.

For women raising a child on their own, the following are provided:

Thus, on the basis of the Law “On Veterans” dated January 12, 1995 No. 5-FZ, the priority right to determine the appropriate time for vacation is for disabled people, participants and veterans of the Great Patriotic War or battles on the territory of other states.

Source: https://em-an.ru/imeet-li-mat-odinochka-prioritet-pri-vybore-ezhegodnogo-otpuska-70519/

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.

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Women raising a child on their own have a number of benefits, including in labor relations. Some of them are concerned about the question of whether single mothers are entitled to additional leave. The legislation provides special rights for this category of persons.

Who can get single mother status?

Who is considered a single mother in the Russian Federation? It can be called a woman whose father is not registered in the document about the birth of a child.

Other signs:

• the paternity of a particular citizen has not been established in court, on the basis of evidence, especially the results of DNA testing, that is, there is no judicial determination on this issue;
• more than 300 days have passed since the divorce between the spouses;
• there is no statement from both parents during the procedure for registering a newborn at the registry office;
• a woman who carried out the procedure for adopting a child, at this time, without being in a marital union;
• children appeared to a woman who, at the time of their birth, was not in a registered marriage union.

Attention! Many people mistakenly believe that if a woman divorced the father of her children, then she can legally be considered a single mother; this is not so. When she was left alone with the children as a result of a divorce, it means that a certain person is listed in the paternity section of the children’s birth documents

And this factor no longer gives the right to call her a single mother, even if the father, after the divorce, does not take part in raising the children.

When registering a child with the civil registry office, the woman is issued a certificate in form No. 25, which confirms that the mother is the only parent.

The surname of such children is assigned to the mother's, and in the father column, at the woman's request, a dash is entered or the information she provides is written down.

Important! If the certificate was not issued on the day the children were registered, the woman has the right to apply for it on any day. Employees, having received all documents, are required to issue a certificate even after the lapse of time

The procedure for sending on business trips

Labor benefits for single mothers provide for special features when sending this category of employees.

In particular, single mothers may refuse to travel, citing their status. In other words, in order for a manager to send such an employee on a business trip, he must obtain her consent.

This approach is quite logical, since in most cases a woman simply has no one to leave her child with. And if, during the normal duration of labor, the baby may be in a children's educational institution, then being sent to another area will limit the possibility of caring for the child.

The current regulations do not define the form of such consent. The only mandatory condition is to receive a positive response in writing.

There are several options you can use for this.

Firstly, you can formalize the consent on a separate paper, which the worker will draw up in her own hand. This option is the best.

Secondly, consent can be reflected in the order of the head of the company to send the worker on a business trip.

Regardless of the method of response, the documents must indicate that the woman was informed of her right to refuse the trip. This must be documented without fail in order to avoid future complaints and litigation.

It should be noted that this opportunity can only be used by those workers whose children are under five years old, as well as those who are raising children with limited capabilities due to medical reports.

Pros and cons of acquiring single mother status

In addition to receiving benefits and benefits from the state, a woman who has registered the status of a single mother may notice the emergence of positive or negative aspects when making certain transactions or completing documentation.

This may concern both herself and her minor child.

Pros of becoming a single mother

• receiving benefits in many areas: labor relations, social;
• free movement of children. For example, there is no need to obtain permission from the father for the child to travel abroad. Such a problem always arises between parents, even despite the fact that the father, not wanting to participate in upbringing, simply does not allow him to go to another country, due to tense relations with his mother;
• if the mother’s new husband wants to adopt a child, the consent of the biological father will not be required;
• the father will have no rights to support his child in his old age.

Attention! This is a very controversial topic in the Russian Federation, but there are quite a lot of cases where a man made demands on his adult child regarding his maintenance. This cannot be called fair, since he himself did not take part in the upbringing and did not help his child with money

Negative aspects in acquiring status

• a woman does not have the right to sue for alimony until the man officially recognizes the child as his own. If this happens, the single mother’s status will be removed and she will no longer be able to qualify for payments from the state.
• children are deprived of the right to inherit property from their father and his close relatives.

Important! A single mother needs to think carefully about what will be more profitable and better in her case: receive benefits from the state and have full rights to her children, or wait for alimony from their father, which may never come.

Attention! In the Russian Federation in 2021, benefits and payments to single mothers, although not large, are available. A woman who has received single mother status can always apply for them

To do this, you need to fill out all the documents and receive a certificate certifying this fact.

Currently, in the Russian Federation the attitude towards single mothers is no longer the same as before. If previously it was believed that there would be at least some kind of father, now such opinions are becoming less and less common. The mother should always take into account the interests of the child, and obtaining single status will help when registering him for kindergarten and will make it easier to resolve other issues.

Citizens included in the category

The phrase “single mother” is not a legal term.
It is more often used in everyday speech. At the legislative level, the status of a single mother is not fixed in any way, and such a term cannot be found in regulatory documents. In the Labor Code of the Russian Federation, women who, without the participation and help of their father, are involved in the upbringing and maintenance of their own or adopted children, are called single mothers. At the same time, the labor code does not disclose who belongs to this category of citizens. Another legal document provides a list of persons who are classified as single mothers and are entitled to receive appropriate assistance from the state. Resolution number one of the Plenum of the Armed Forces of the Russian Federation, adopted at the end of January 2014, classifies women as single mothers when they are raising a child or several children who are under eighteen years of age. Moreover, she takes care of them and maintains them without the help of her husband, father or adoptive parent. A woman can be recognized as a single parent if:

• the father did not initially participate in the maintenance of the child, and his name does not appear in the corresponding column of the child’s birth document;
• the baby's father died;
• he is deprived of the rights of a parent or limited in them;
• the father was declared missing in court;
• there is a conclusion that a man cannot participate in raising a child because he is incompetent;
• the health condition does not allow the father to take part in the development and maintenance of the minor;
• the father was sentenced by the court to imprisonment;
• a man shies away from raising his child.

Thus, those who are popularly called single mothers are all women left without the help of a husband in the maintenance and development of a child, despite the fact that the father of the child cannot be forced to fulfill his duties. If, according to documents, there is a man in the family who can help raise a child, then the mother will not have additional benefits, even if the spouse is a non-working citizen.

What rights does a single mother have? Benefits for a single mother

Every citizen of Russia is protected in accordance with labor legislation. But the rights of a single mother under the Labor Code in Russia in 2021 have been somewhat expanded.

After all, a woman who is raising a child herself needs additional help both socially and in labor terms. What you need to know A single mother, in accordance with judicial practice, acts as a parent who is independently involved in the upbringing and maintenance of her child.

It is important to take into account here that this provision applies both to a woman’s natural children and to adopted children. In this case, children have equal rights

There is no clear definition of a single mother in the law. Therefore, it is difficult to find provisions in legislative acts that would relate to the protection of this category of citizens. But there are regulations that determine possible options for assistance for such women.

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.

This is important to know: Application for one-time financial assistance for vacation: sample 2021

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:

Rights of a single mother: payments, benefits and benefits

Families with children growing up are well aware of how much effort, patience and resources are required to raise even one child. It is very good if both parents are equally involved in this labor-intensive process: dad earns money, mom takes care of the child and the house. As the baby grows up, responsibilities in the family are either redistributed or not, depending on the realities of life and the desires of family members. The whole point is that the difficult burden of raising children is shared between two people - father and mother. It is this kind of family that is considered traditional in the generally accepted sense.

However, in our difficult times, when changes and new trends have affected all spheres of life, and even the seemingly unshakable boundaries between the masculine and feminine principles have become transparent, a conscious choice to give birth to a child is becoming a frequent occurrence among representatives of the fair half of humanity. This happens even when living together with his potential father is either impossible for a number of reasons or is generally undesirable.

A similar position in our country a few decades ago was considered, if not nonsense, then at least quite rare. After all, the fact of having a child without a husband was perceived in society as a shame for a woman. Therefore, rarely did anyone consciously decide to take such a step. Basically, single mothers at that time considered the birth of their child a mistake of youth. It was not their conscious decision to conceive, but rather an accident, and the birth of the baby was dictated by circumstances, and not by a deliberate desire.

But recently the situation has changed: relationships between men and women have become more complex, the institution of family and marriage has lost its former weight, but the instinct of motherhood still lives in each of us. Therefore, questions about what rights the state provides for modern single mothers, how well their status is protected by law and what benefits are provided are especially relevant.

Benefits for military personnel and families with many children

When there is more than one dependent child, a single person may be given the status of a mother of many children. There is no need to be surprised here, because raising several children at the same time without the support of the head of the family is a rather complex and labor-intensive process that requires enormous moral and financial costs.

At the state level, in order to support women who are independently raising two or more minor dependents, additional benefits and assistance are provided. In particular, the state guarantees:

• payment to such mothers, if they do not work, of a fixed salary with annual indexation. For those women who work, assistance is provided in the amount of 40% of their earnings until the baby turns 1.5 years old;
• regional assistance, consisting of the provision of two free meals a day in schools, as well as the provision of textbooks at public expense;
• reduction of utility bills by 30%;
• the opportunity to travel for free on public transport. Those living in rural areas are additionally entitled to free travel on intercity buses;
• provision of free school and sports uniforms for children.

In addition to single mothers, the state also additionally supports female military personnel who independently raise young members of civil society. Such singles are entitled to:

1. Maintaining benefits in kind and in cash for the entire period of maternity leave.
2. The entire period of maternity leave is included in the preferential length of service, which affects bonuses and the establishment of a pension.
3. Receiving food and nutrition for the baby until he turns 3 years old.
4. Exemption from guard and garrison service.

Remember, additional benefits and compensation are regulated at the state level. The employer is not authorized to refuse to provide them to a woman, regardless of the circumstances.

Payments from the state in the provision of benefits or compensation for their use

For single mothers today, the state at the federal level has provided only one benefit - a benefit for a child under the age of eighteen. However, its payment can only be made to those women who were not only able to confirm their status as a single mother, but also prove that they belong to low-income people who need such help from the state.

The amount of this benefit varies depending on whether the child being raised by such a mother should be considered disabled or healthy. So, if a child suffers from any disease that, from a medical point of view, requires the assignment of one or another disability group, then the amount of the benefit will be about twelve to fifteen thousand rubles; if a medical disability group has not been assigned, then the amount of the benefit will not exceed six thousand rubles.

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For a single mother, there is another option for calculating child benefits, namely for those families whose income is below the subsistence level. For such families, the payment per child is fifteen thousand per month if the child has not reached the age of three, and six thousand if the child has crossed the border of three years of age, but has not reached eighteen years.

Since the cost of food is constantly rising, in some regions another type of payment is provided for single mothers - monthly compensation for the increase in food costs in the amount of six hundred seventy-five rubles.

For Moscow and the Moscow region, another compensation has also been established at the level of adopted regulations, which is paid to reduce the gap in the growth of the total cost of living. Every month such compensation is about seven hundred and fifty rubles for those women who receive benefits for children under eighteen years of age, and about three hundred rubles for those women who do not receive such benefits.

Among the benefits provided to single mothers, one more category should also be taken into account, namely tax benefits. They are provided to those single mothers whose total earnings over the last year exceeded three hundred and fifty thousand rubles (that is, the average monthly earnings should be approximately thirty thousand rubles).

In this case, a single mother has the right to apply for a double tax deduction, which is retained by such an employee until the child reaches the age of eighteen, and if he is a full-time student at a higher educational institution, then until the child reaches the age of twenty-four. This means that part of the mother’s income, namely in the amount of one thousand four hundred rubles for the first and second child and in the amount of three thousand rubles for the third and subsequent ones, will not be subject to income tax, which is mandatory for deduction.

If regional legislation has established an appropriate mechanism for the payment of compensation for the use of additional education institutions, then in addition to other payments, a single mother has the right to receive compensation in the amount of up to thirty percent for her child’s attendance at various clubs. But such a payment is not due to all children, but only to those for whom the status of his mother has been established as raising her child alone.

The same mechanism is used to pay for kindergarten. However, in most cases, such women use a discount of fifty percent instead of possibly receiving compensation.

If a child being raised by a single mother needs medications, the woman can purchase such medications from the recommended list of the Ministry of Health at a discount of up to fifty percent.

If the discount was not provided for some reason (for example, a given pharmacy or pharmacy chain has run out of quotas for the purchase of medicines), the woman has the right to expect to receive compensation from the state based on the documents provided to the social protection authorities. But the purchase of such medicines must be confirmed from the point of view of medical necessity (that is, the state will not pay any compensation for the simple purchase of medicines “just to have it”).

The essence of state aid

Benefits provided to single mothers can be divided into two groups:

1. Help that residents of any region have the right to use.
2. Bonuses that apply only to women living in a certain subject of the Russian Federation.

All-Russian benefits include those that are enshrined at the federal level and are mandatory. These include:

• doubling the cash allowance paid through social protection authorities for the maintenance of a child;
• provision of housing without a waiting list when it is needed;
• ban on eviction without provision of other housing;
• changing the amount of the standard type tax deduction from three hundred to six hundred Russian rubles;
• mandatory payment for days spent on sick leave to care for a preschool child, regardless of the number of days when the woman was not present at work;
• payment for fifteen days of sick leave when caring for a schoolchild.

This is the set of privileges that a woman raising children without a husband will receive, regardless of where she lives. In some regions of the country, additional assistance is expected in the form of benefits or extraordinary provision of services, which may become free or paid in some part for a single mother. For example, in some areas a woman with a child can count on:

• additional payments at the birth of a baby;
• receiving free or fifty percent discounted medications or baby food;
• providing the child with free school uniforms and necessary supplies;
• providing children with vouchers for sanatorium and camp recreation during the holidays or during the school year free of charge or with half pay;
• assistance in purchasing food products in the form of compensation;
• free breakfasts for schoolchildren.

Thus, regional governments strive to support women who are left without male help in raising and maintaining a minor. The social security service should inform you about what bonuses exist for single mothers in a particular region or republic.

Rights of a single mother under the labor code in 2021

A woman who has the status of a single mother has the right to receive all benefits and assistance under the Labor Code and SK, which are associated with the birth of a child and are paid to other mothers. These include all federal payments, as well as subsidies and benefits under the Labor Code. In 2021, benefits will be awarded only if:

• a single woman took out guardianship for her children;
• paternity was not certified by the registry office and was not registered through the judicial authorities;
• the fact of paternity was refuted in court.

The legal father of the child is considered to be the man whose details are listed in the marriage certificate or document issued after the birth of the baby.

What benefits is a single mother entitled to?

Single mothers are provided with the following assistance:

• free underwear for newly born children;
• benefits for children's sanatorium vouchers for health improvement;
• deferments in payment of fees for waste disposal and maintenance of a multi-storey building;
• discount of 25% or more on visits to preschool institutions, clubs and sections;
• preferential milk nutrition for children under two years of age;
• discounts on medicines;
• benefits according to the current Labor Code;
• benefits for meals in educational institutions;
• benefits for baby massage sessions for medical reasons.

What rights does a single mother have at work?

Some single women are concerned about the question of whether they have the right to fire a single mother from work? Qualified lawyers argue that this category of women, according to the Labor Code of the Russian Federation, is prohibited from being dismissed from their positions. Even in the event of liquidation of an enterprise, a woman must be provided with a workplace upon her dismissal. According to the Labor Code, work on holidays, after school hours, and business trips are carried out only with the written consent of the mother.

At the same time, if there is a child under 14 years of age, a woman under the Labor Code has the opportunity to work part-time while maintaining her earnings. Also, for this category of citizens, according to the Labor Code, the institution must provide the opportunity to take an additional leave of 14 working days at any time.

Can a single mother get housing?

Today, the question of whether a single mother has the right to receive housing is addressed to lawyers very often. In almost any region of Russia, a single mother and her child have the right to a significant list of benefits, including the opportunity to receive free housing. To take advantage of such benefits, you need to collect documents and, together with the corresponding application, send them to the housing commission at your place of residence. The package of documents includes:

• single mother certificate;
• Russian passport;
• registration certificate;
• baby's birth certificate;
• certificate of the value of property subject to tax deductions;
• living space inspection report;
• certificate of income of family members.

For some reasons, as well as to clarify individual circumstances, the applicant, in accordance with the Labor Code and the Insurance Code, may be required to provide other documents.

Does a single mother have the right to file for child support?

Many single women with children wonder if the father is deprived of parental rights and whether the mother is considered single. According to the RF IC, mothers who are independently raising children from a former spouse and those who were not married, but paternity was recognized voluntarily in court, are not entitled to single status. A woman raising a child on her own has the right to apply for alimony. In this case, it will be necessary, voluntarily or forcibly, to establish paternity. The mother will lose her single status, as well as the assistance provided under the Labor Code and the Insurance Code. Thus, you should first evaluate all the advantages and disadvantages of establishing paternity and only then file a petition for alimony.

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.

Benefits for single mothers for kindergarten and school

Children of single mothers can receive two free school meals (breakfast and lunch).

There are discounts on tuition fees in children's art schools (music, art, sports and others), subordinate to the Moscow Committee for Culture. The tuition fee for children of a single mother is 30% lower than the usual fee. The benefit applies to children under 18 years of age.

Children of single mothers are primarily admitted to preschool educational institutions and fees for their maintenance in preschool institutions are reduced by 50% (In accordance with Decree of the Government of the Russian Federation No. 677 “On approval of the standard regulations on preschool educational institutions”).

Benefits and privileges of single mothers in 2020

Important! Labor legislation fully protects the rights of single mothers. If employers violate the rights of a single mother, before going to court, she can write a complaint to the Labor Inspectorate of her city. Specialists of this organization are obliged to conduct an inspection and take measures to prevent violations.

• upon liquidation of an enterprise;
• if an employee does not fulfill his job duties, there must be documentary evidence, for example, an official penalty);
• violation of labor discipline and job responsibilities (absenteeism, tardiness, disclosure of official information);
• providing false information during employment.

Annual paid leave for single mothers

The calendar “standard” one, on which vacation funds are accrued, is called annual because it is due only once a year. True, employees have the right to break it into parts: two, three or more, but it cannot be less than two weeks in a row within one calendar year.

1. Termination of an employment contract with a single mother raising a disabled child under the age of eighteen or a young child under the age of fourteen on the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code).