Additional days off and vacation days for parents with many children according to the Labor Code of the Russian Federation 2021.

Citizens who are raising several children at once have the right to receive certain benefits regulated at the legislative level. The presence of privileges is due to the fact that the law classifies parents with many children as a socially protected category that needs additional support.

These benefits include the opportunity to receive privileges while working. The exact list of special conditions provided to parents with many children is established by regional authorities independently.

Providing additional leave to mothers with many children

Providing additional leave for a mother of many children occurs in the manner prescribed by Article 116 of the Labor Code of the Russian Federation. According to this regulatory act, vacation days can be provided in two ways:

1. Extension of regular leave;
2. Receiving additional cash payments.

At the same time, the normative act does not contain any precise references to the fact that mothers of many children belong to the category of beneficiaries who have the right to count on receiving additional vacation days. It is for this reason that many employers ignored such requests from their employees and did not allow them to take additional leave.

Procedure for granting leave

Let's look at the important points.

Articles on the topic (click to view)

• Federal Law 138 on State support for large families
• Refinancing mortgages for large families in 2021
• Expanding housing conditions for large families in 2021
• Rights and labor benefits for mothers of many children at work
• The right to early retirement for mothers of many children
• State assistance in repaying mortgages for large families in 2021.
• State assistance to large families when purchasing an apartment

Extension of vacation

Initially, any mother of many children has the right to receive annual paid leave, the minimum duration of which is 28 days within one year. This right is regulated by Article 114 of the Labor Code of the Russian Federation and applies to all working citizens.

By default, the law does not provide for any additional benefits, which gives the employer the right to refuse to provide an employee with another vacation or refuse to compensate for these days.

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Receiving and registering leave

On October 22, 2021, changes were made to the Labor Code of the Russian Federation, according to which parents with many children now have the right to receive their leave at any time convenient for them, regardless of the schedule adopted by the organization .

According to the changes, employees who are raising three or more children have the right to apply to their employer, provided that the eldest of them is under 12 years old (Article 262.2 of the Labor Code of the Russian Federation).

Important! After these innovations, the employer is obliged to provide each of his employees with many children leave at any time convenient for them, specified in the application, regardless of the vacation schedule adopted by the enterprise. This requirement must always be met in cases where the employee takes a vacation in full or divides it into parts.

However, if an employee has recently joined an organization, then the right to leave arises after 6 months of continuous work, and before the expiration of six months, the employee can go on paid leave only if an agreement is reached between the employer and the employee. The same rule applies to parents with many children (Letter of the Ministry of Labor of Russia No. 14-2 / ​​OOG-9211 dated November 20, 2018)

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

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What benefits are available to people with many children at work?

According to general standards, families with at least three minor children are still considered to have many children. But in some regions the number of such children for the official status of a large family should reach four. However, this does not apply to the world of work. General rules apply here.

Privileges of a mother of many children

All available labor rights and benefits for mothers of many children at work are regulated by the norms of the Labor Code of the Russian Federation.
There are no other federal benefits for working mothers of many children in the sphere of labor and at work. It should be noted that the Labor Code of the Russian Federation also does not contain a separate section on the benefits and privileges of mothers of many children at work. There is only one article devoted to this - 261.

Moreover, it talks about the only breadwinner in the family. The second parent must not be in an employment relationship. Only in this situation is it not permitted to terminate an employment contract at the initiative of the employer with an employee raising 3 or more young children, one of whom must be no more than 3 years old.

Exception:

• repeated failure by an employee to perform work duties without good reason, if he already has a disciplinary sanction;
• a one-time gross violation by an employee of his work duties (absenteeism, divulging secrets, appearing at work under the influence of alcohol or drugs, etc.);
• the employee commits guilty actions if his job duties involve servicing monetary or commodity assets;
• the commission of an immoral act by an employee performing educational functions;
• providing false documents to the employer when concluding an employment contract;
• a single gross violation by the head of the organization or his deputy of his labor duties;
• liquidation of the organization.

Important!
There is no need to confirm having many children here. Birth certificates of children are sufficient. But a certificate or other documents indicating that the second parent is unemployed must be provided. It is worth noting Article 262.2 of the Labor Code, which stipulates the right of employees with three or more children under the age of 12 to take annual paid leave at will at a time convenient for them.

All other norms of the Labor Code of the Russian Federation on family workers apply equally to all persons with children, without exception. Among them are the provisions that:

• the mother of a child under 1.5 years of age is not given a probationary period for employment;
• at the request of the mother of a young child or a disabled minor child, the employer must establish a part-time working day for her;
• The mother of a child under 3 years of age is involved in night and overtime work, work on weekends and non-working holidays only with her written consent. The same rules apply to assignments on business trips.

It should be noted that all benefits provided to single mothers are equally applicable to single fathers and guardians (trustees) of minor children.

Labor benefits for fathers with many children

Also in the Labor Code of the Russian Federation there are benefits for a father with many children, provided to him at work.
This is the norm that employees with 2 or more young children, if there are such provisions in the collective agreement, are granted 2 weeks of leave. At any suitable time in addition to the main one, but at your own expense. However, if such conditions are not specified in the collective agreement, then the implementation of the right is impossible.

Attention! The list of labor privileges for workers with children is quite wide, but it only partially concerns the topic under consideration. Because it applies to all working people with children. And not designed personally for parents with many children.

Important! In October 2021, the Federation Council of the Russian Federation approved a law introducing additional labor benefits for parents of large families. According to the new norms, families with many children will be able to claim the right to priority in choosing when to grant vacations. But not all parents with many children will have such powers. But only for those of them who are raising 3 or more children whose age does not reach 12 years.

Additional leave for parents with many children in 2021: conditions and procedure for provision

I am a young mother of three minor children and am officially employed at one of the largest enterprises in our city. Just a month ago I returned from maternity leave to care for my third child, and since I have the official status of a mother of many children, I decided to figure out what benefits I was entitled to.

Most of all I was interested in the question of whether parents with many children are entitled to additional leave in 2021, what the legislation says and what features accompany leave for parents with many children. I received answers to my questions from a lawyer of our organization and I hasten to share such useful information with you.

What does the legislation say?

Carefully analyzing the modern requirements of the Labor Code of the Russian Federation, the conclusion automatically comes that for modern officially employed parents of three or more children, there are some preferential vacation offers, which few people know about.

Such ignorance is unacceptable, since employees themselves are responsible for initiating the receipt of vacation benefits. The father or mother must provide the HR department with a request for the next scheduled vacation, copies of documents for born or adopted children and other necessary papers and certificates.

So, does modern legislation provide for additional vacation days for parents with many children? Speaking about ordinary paid legal leave, it can be noted that there is no provision for increasing its duration for such employees. For employees in this category, a different law applies, which needs to be studied in more detail.

Additional days of vacation as an extension of the required annual rest are not provided for by law. Such an issue can only be resolved within the framework of a collective official labor agreement. In other words, the manager himself decides the issue of assigning benefits in the form of several fully paid additional days for parents with many children working for him.

These persons, according to Article 263 of the modern Labor Code, fall under a special category of employees who have the right to take advantage of only unpaid additional vacation days. The total legal duration of such rest does not exceed 14 full days. If the decision regarding paid additional leave is made solely by the employer, then the manager does not have the right to deny his employees this type of leave.

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.

Features of providing leave to large families

In Russian legal acts there is no clear definition of a parent with many children. Traditionally, if a family has 3 or more children, it is considered to have many children. But not always. Regions have established their own criteria for recognizing families in this capacity. For example, in Ingushetia, parents with three children are not considered to have many children. This should be taken into account when assigning and applying for benefits.

Employees of firms and enterprises with the status of large families accepted the innovation without understanding the issue a little. As a result, requests addressed to the employer to provide leave to parents with many children have become more frequent before the expiration of 6 months from the date of employment. Lawmakers had to explain themselves. As before, the rule is that rest is granted six months after hiring. Nothing new in Art. 122 of the Labor Code of the Russian Federation was not added. The demands of parents to grant them leave for parents with many children under the Labor Code for up to 6 months are unlawful.

The father or mother of a large family chooses a time of rest that is convenient for the legal representatives, but in the presence of a condition that determines the benefit. This is the age of children - up to 12 years.

Note: the new provision, according to the legislator, will allow legal representatives to spend more time with their children, for example, choose the period of their holidays. It’s not bad when the state takes care of benefits for parents with many children. But it is not clear how families with two or even one child differ from them. Parents also want to spend time with their offspring. But they are not given this right.

Annual paid vacation

According to Art. 115 of the law, the duration of vacation is 28 days. According to the Labor Code of the Russian Federation, leave for a mother with the status of having many children is not increased. The legislator does not oblige employers to offer additional paid days. But it doesn’t prohibit you from doing it.

The issue of leave for families with many children can be resolved in collective agreements. Therefore, when hiring, you should pay attention to this fact, as well as the existence of a collective agreement establishing additional guarantees for employees.

Rights of parents with many children at work

But mom and dad who have three or more children, according to Art. 263 of the Labor Code of the Russian Federation, they can take 2 weeks of additional rest. This is their right. Vacation is not paid for by the employer, and he does not have the right to refuse the request of those with many children. The parent submits an application. Children under 14 years of age are taken into account, as well as the presence of a child with a disability under 18 years of age. In addition, only one of the legal representatives can receive the benefit in question at work.

Since parents were given the right to choose the period of leave, the question arises of how this will be implemented in practice. Experts in the field of labor law offer some advice to parents who are planning to take advantage of the newly proposed benefit:

1. To prevent the law on leave for families with many children from causing trouble for the employer, it is better to arrange the time for going on vacation in advance. For example, until mid-December, families with many children can decide when a vacation is convenient for them. Although if family circumstances change, they can change dates, but, according to experts, this will lead to conflicts.
2. The employee can also choose a period during the year. He agrees to the schedule, but decides, for example, that he will go on vacation not in May, but in June. Since we are not talking about additional leave for large families, but about basic leave, the boss cannot refuse. But in practice, it does. In this situation, judicial practice is on the side of the victims. The court proceeds from the opinion that the law allows and grants benefits and rights to people with many children at work. The boss cannot but agree with the requirements of the regulatory legal acts, in particular, with the provisions of the Labor Code of the Russian Federation. It is logical that the employer does not want to change the vacation plans of the rest of the employees and listen to their dissatisfaction about the unannounced departure of a colleague for a well-deserved rest.

REFERENCE: the law allows people with many children to change their plans. They should not worry what the employer and colleagues think about this, since the law is on the side of the beneficiaries. Moreover, they cannot be fired because they went on vacation outside of the schedule.

Additional days off

Upon application, one of the parents can receive days off (additionally). This is dad or mom. They can also divide them: they are supposed to have 4 days off, 2 are taken by mom, and 2 by dad.

Weekends are not included in vacation. If a parent with many children does not write an application for a day off, this means that he does not need it. The number of days off does not depend on how many children there are in the family: 4 or 5.

Are parents with many children given additional leave?

Parents with 3 or more children can count on 14 additional days, which are not paid by their boss. Dad or mom writes a statement asking for such leave. This takes into account that the family is raising children under 14 years of age, and is also supporting a disabled child. His parents raise him until he is 18 years old. In this case, they have the right to write an application for additional days.

The employee has the right to request that 14 days be added to paid vacation days. If the application has not been written, then the vacation “burns out.” It cannot be transferred to the next year of work.

Additional days can not only be attached to the main and paid periods, but also divided among themselves (for example, an employee takes 7 days in one period, the next week in another).

Conditions for granting preferential leave

Additional unpaid leave for parents classified as having many children can only be obtained if they have certain documents:

1. An application from one of the parents with many children for the provision of the required leave benefits.
2. Copies of documents for born/adopted children.

When providing these documents, the employee may request that the additional unpaid leave required by law be added to the regular paid annual rest period. If desired, such additional preferential leave can be used only when the need arises. Officially, every parent with many children has the right to divide the additional 14 days given to them into parts.

If a person does not take advantage of the additional leave provided during the entire reporting year, it cannot be automatically transferred to the next reporting period.

Cash compensation instead of additional rest

As for compensation, no monetary payment is provided for unused days of optional rest. If an employee (parent of many children) has not taken advantage of his privilege for longer leave, then it will not be possible to transfer it to future periods.

To avoid potential disputes, it is better to clarify all issues when signing a work contract and display them in the text of the agreement. An employee can be sure that he will be able to take advantage of his vacation preferences only if this right is stated in the employment contract, as well as in the local regulatory documents of the enterprise.

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.

Can they refuse to provide additional leave?

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

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

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

Recommended reading: How to write a vacation application?

Is it possible to choose the time period of vacation?

Modern legislation does not provide for the ability for employees to independently choose the period of their required vacation. The decision on rest time is made solely by the employer, who is based on the internal work schedule of the enterprise. The exception is going on vacation without the possibility of keeping your salary.

If such a decision is made, the allotted vacation days are automatically added to the main one, they can be used at any time convenient for you, and if you wish, you can divide the provided vacation into several parts.

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.

Rules for applying for additional leave

Features of registration of main and additional leave:

ATTENTION! You can divide the additional vacation, like the main time, into the desired parts. The first vacation period cannot be less than two weeks, and the citizen chooses the duration of each subsequent one independently.

Sequencing

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

1. Approximately two full weeks before the start of the required vacation, a request is written and given to personnel officers.
2. 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.

Leave for parents with many children and its problems

From 2021, annual leave for parents with many children is provided at their request at a convenient time of year. The preferential right to choose the time of rest is established by Article 262.2 of the Labor Code of the Russian Federation.

Starting from the new year, employers, when drawing up a vacation schedule, are required to take into account the wishes of employees who have three or more dependent children. An employee can independently choose any time of annual leave convenient for him, and the employer does not have the right to refuse him this if:

1. The family has three or more children.
2. Each child is under 12 years of age.

Additional days off for parents with many children

Another labor benefit that employed parents of large families can count on is receiving monthly days off (except for mandatory ones), during which full wages are retained.

ATTENTION! Every month, in addition to the mandatory days of rest, the parent claims four more days off.

In practice, the following features of the use of privileges must be taken into account:

• the benefit is available only to the mother or only to the father (if both spouses wish to take advantage of the preferences, then each will be able to claim only two additional days off);
• unused days off are not compensated and are not transferred to other months;
• Optional days off cannot be assigned during vacation.

To record the desired day as a day off and avoid punishment for absenteeism, the worker must submit a handwritten application addressed to the employer. The company administration cannot refuse to provide preferences.

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Why do parents with many children need leave at any time?

According to deputies, the innovation will solve the problem of mismatched vacations for working parents, which will allow them to spend time with their children more often. Thus, the dispute about who should have a summer vacation will remain a thing of the past for parents with many children, because they will have undeniable priority. Previously, vacations for this category of citizens were provided according to the general paid vacation schedule approved by the trade union.

According to Natalya Karpovich, president of the RPO “Association of Large Families of the City of Moscow,” this age threshold for children is completely justified, and the idea of ​​prioritizing the issue of vacations for large families is not innovative, since such a rule has proven itself well back in Soviet times.