There is a provision in Labor legislation that guarantees certain categories of workers the right to a shortened working day or working week. First of all, this applies to persons with children. In particular, a shortened working day is established for women with children under 14 years of age (Labor Code of the Russian Federation, Art. 63).
We’ll tell you how to correctly apply the standards established by Article 93 of the Labor Code of the Russian Federation “Part-time working hours in 2021. Those who have children under 14 years of age must know and use the provisions of this article.
How many days is a father entitled to according to the Labor Code?
According to Article 128 of the Labor Code of the Russian Federation, an employee can ask for days off without pay in the following cases:
- birth of a child;
- death of a relative;
- personal wedding;
- retirement age;
- other reasons specified in the employer’s local regulations.
The specified grounds are a legal basis for requesting time off; the manager cannot refuse in such cases.
In addition, such grounds as family circumstances are provided. This category includes all those reasons that are not mentioned in Article 128 of the Labor Code of the Russian Federation.
For example, the need to travel, attend a special event, visit a doctor, or otherwise.
For such reasons, the issue of granting time off is resolved by agreement.
An employee has the right to additional rest when working overtime, for donation, or working on weekends.
If a child is born in the employee’s family, then this is a legal right to demand up to 5 days of compensatory leave. The manager does not have the right to refuse rest, to provide days off - this is his duty under Article 128 of the Labor Code of the Russian Federation.
In this case, the employee independently decides whether he needs rest days or not.
If the father of a born child does not need additional days off due to the increase in the size of his family, then he has the right not to write an application.
The employer does not have the right to force him to rest.
This right to a weekend is not always used by the father of a newborn child.
Days off are not paid; when an employee goes on vacation, he loses part of his earnings, which is not always profitable or convenient.
The maximum duration of unpaid leave on this basis is 5 days. However, by agreement with management, this period can be increased.
Perhaps the organization has a collective agreement or other local act that stipulates a longer period of rest in the event of the birth of children in the families of employees. Before writing an application, you should clarify this point with the personnel department.
The employee has the right not only to ask for unpaid rest days, but also for unscheduled annual paid leave.
If the employer considers the reason valid, then paid vacation days can be provided upon the written request of the employee.
Indication of time off on the timesheet.
How to apply?
If the child’s father decides to take several unpaid days off to help the family at home with caring for the newborn, then he should write an application addressed to the manager.
The application text contains a request for days off without pay.
This is the correct formulation of rest days.
The concept of “time off” is not recommended, since such a definition is absent in the Labor Code of the Russian Federation and other labor laws.
The basis indicated is the birth of a child (full name, date of birth).
The employer is not obliged to ask the employee to confirm the fact of birth, but may do so. In this case, the employee must either provide a copy of the birth certificate, if available, or a copy of the certificate.
The text needs to explain exactly how many days off work the employee needs; it is not necessary to ask for all 5 guaranteed under the Labor Code of the Russian Federation; you can ask for a smaller number depending on the needs of the worker’s family.
Based on the received application, an order is issued instructing the personnel officer to provide days off - to draw up the necessary personnel documents and put marks on the report card.
The completed order is brought to the attention of the employee.
Only after personally familiarizing yourself with the contents of the order can you go to rest peacefully.
Until the applicant sees the order for his time off, he should not leave. Absenteeism from work without an order is regarded as absenteeism, and this is a gross violation of labor discipline, which can become grounds for dismissal.
Is it possible to refuse?
The employer does not have the right not to accept the application or refuse to satisfy the request. If the fact of refusal is recorded, the applicant should not despair.
It is necessary to record the fact of filing the application. For example, make two copies and keep one for yourself after putting a mark of acceptance on it.
Next, you need to file a complaint with the Labor Inspectorate, attaching a document confirming the fact that you have approached the employer with a similar request on the basis of Article 128 of the Labor Code of the Russian Federation.
The labor inspectorate will quickly resolve this issue in favor of the employee and impose a fine on the employer's organization.
Under what conditions can you apply for part-time work?
As a general rule, the employer and employee establish part-time working hours by agreement with each other.
You can immediately hire a part-time employee or enter into an additional agreement to the employment contract during the work process. But there are situations when the state intervenes in this process and obliges the employer to establish part-time working hours. Employees simply need to submit an application and indicate how they prefer to work. If the employer refuses to meet them halfway, the state will force him and at the same time punish him.
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The state does this because the family is more important than the interests of employers. The right to part-time work is granted to:
- Pregnant women.
- One of the parents, guardian or custodian of a child under 14 years of age.
- One of the parents, guardian or trustee of a disabled child under 18 years of age.
- Persons caring for a sick family member.
You have a child, he is 3 years old, which means that the employer must give you part-time work if you want it.
The law does not regulate how many hours the working day can be shortened to the maximum, how many days a week it is permissible to work, whether there are special features for remote workers, and so on. All this is established by the parties in the agreement.
The employee has the right:
- Submit an application to establish part-time work if the circumstances listed in Part 2 of Art. 93 Labor Code of the Russian Federation. You can submit an application at any time. If the employer decides to set any deadlines for this, the court will declare this illegal.
- Indicate the period for which part-time work is required: six months, three years, or until the child turns 14 years old.
- Express wishes regarding working hours and rest time: how much the employee wants to work per day, when to start and when to finish, when to go for lunch.
WORKER. Set me part-time working hours. EMPLOYER. Of course.WORKER. I want to work from 9:00 to 16:00. EMPLOYER. No, that will not do. You can work 4 days a week. WORKER. I feel so uncomfortable. EMPLOYER. I sympathize. Diverge ¯_(ツ)_/¯
The employer did not refuse to establish part-time work, but at the same time did not establish it. It is not right. An employee in such a situation needs to protect his rights.
The Labor Code says that the regime of working time and rest time for part-time work is established in accordance with the wishes of the employee, taking into account the conditions of production (work) for a given employer. This means that the employee’s wishes come first.
An example about a shift schedule. The employee worked shifts at a trading house. During her pregnancy, she asked for part-time working hours: a five-day working week with working days from Monday to Friday, a six-hour working day from 10:00 to 17:00, a lunch break of an hour. The employer transferred her to a six-hour working day, but left her on a shift work schedule.
The employer's demands must be reasonable. He needs to justify why the schedule proposed by the employee is not suitable. “Inconvenient” is not an argument. It is necessary to explain why the employee will not be able to perform his job duties if he switches to the schedule that is convenient for him. And why can it if you choose the option offered by the employer?
But the employee must also make reasonable demands. If you ask for a job on conditions that are clearly inconvenient for the employer, the court may regard this as an abuse of right.
An example about a half-hour chart. A hospital employee who had a small child submitted an application to the head physician to establish part-time work. She wanted to work half an hour a week: Monday from 8:00 to 8:30. The head doctor refused and offered his own conditions: work 4 hours a day. The employee did not respond to this proposal and contacted the labor inspectorate.
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The inspector conducted an inspection and fined the hospital 35 thousand rubles. But the court did not agree that the employee’s rights were violated. In half an hour she would not have had time to complete her work duties. The head doctor wanted to find a compromise, but the employee did not react. The fine was canceled. The court, alas, did not say what operating mode should have been established.
There are four ways for an employee to protect his rights.
Sample documents
Download an application from the father for time off due to the birth of a child in the family - sample.
This is what the sample looks like:
Download an order for providing unpaid days off - sample.
This is what the sample looks like:
What to take with you on baby day?
Before visiting the clinic on baby day, you need to prepare well the day before so that everything you need is at hand. Of course, it’s good if someone accompanies you, as this will make going to the doctor much easier. You should not visit a doctor if your baby is not in the mood or is unwell. Often, a mother comes to the clinic with her baby alone, so you need to create the most comfortable conditions for yourself and the child. Here is a list of necessary things to take with you:
- two diapers, flannel and cotton. They are needed to examine the baby, to put it on the scales and measure the weight. A spare diaper is needed for an emergency;
- a set of spare clothes if the first one gets dirty or wet;
- diapers or nappies;
- spare pacifier;
- baby's favorite toy;
- water or tea in a bottle;
- medical record if you have it at home;
- compulsory medical insurance policy;
- moisturizing drops, for the prevention of acute viral infection, so there may be sick children in the clinic;
- wet wipes;
- a book with bright pictures for an older child;
- adapted mixture in a bottle
Many mothers place their baby in a portable chair and put on a small backpack. It is very convenient and comfortable. In children's clinics, there are several changing tables on each floor, so, if necessary, you can change the baby. Now clinics have special rooms where a nursing mother can feed her baby in a calm environment. The child's clothes must be practical so that they can be easily taken off and put on. These can be bodysuits, overalls with comfortable snaps and buttons. A nursing mother also needs to dress in comfortable clothes so that she can feed her baby if necessary.
Features of providing time off for overtime
Employers often deny employees any form of compensation on legal grounds, including additional payments. Some situations and main reasons for refusal of time off Explanations for the employee Time off was not used at the time of dismissal, and there is no opportunity to provide it The employer can pay compensation;
If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
when a lot of time off has been accumulated, upon dismissal the employee cannot always use it, and the employer may not be ready to pay all the money. A quitter has the right to defend his rights in court if he was not paid anything for overtime and was not given time off. Everything will depend on the court's decision.
Labor rights of women with children
If there is no need, then all specialist doctors will need to be examined only when the baby turns one year old, and then annually.
If you have problems with feeding, you will be given a ticket to be placed in the dairy kitchen. Every morning you will be able to receive an analogue of an adapted milk formula, and later cottage cheese and kefir. At the beginning of each month, or at the end of the previous one, preferably on baby's day, you need to take a referral from your doctor for this. Children receive such additional nutrition until they are three years old; with age, the norm increases. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
When you come home after the clinic, wipe all exposed areas of your baby’s body with saline solution. This will reduce the risk of possible infection. An older baby should definitely be praised for good behavior in a public place. This is stressful for a small child, so create the most comfortable and calm home environment for him on this day.
With a baby not on baby day
If for some reason you were unable to visit the clinic on your baby's day, then come at any convenient time. But it is worth considering that on other days there are many adult visitors in the institution and, therefore, the risk of infection increases. Take all necessary measures. Most often, young children are allowed to skip the line, but this depends on the individual. Your baby is by all rights not a priority on this day, so please be patient. You may have to wait in line to see all the doctors you need.
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What to expect on baby day?
The first trip to the clinic occurs when the baby turns one month old. It’s better to do this when the baby has a scheduled nap, so that waiting in line won’t be so tiring. Find out in advance the appointment schedule of the pediatrician and other specialists, as well as the reception phone numbers. After waiting your turn, you go into the office of the local pediatrician. As a rule, a nurse is also present at the reception; she keeps all the necessary records, issues certificates and coupons for the dairy kitchen. The doctor and nurse are already familiar to you, as they visited you at home. The pediatrician weighs the child, measures height, head and chest circumference, and checks the condition of the umbilical wound and fontanel. At the first appointment, the condition of the skin, mucous membranes, muscle tone is examined, and body temperature is measured. Very often, mom has a lot of questions, so write everything down in a notebook. If the need arises, the doctor will send you for a consultation with a neurologist, surgeon, orthopedist or otolaryngologist. On this day, the wait to see these specialists is not as long as on ordinary days.
