Additional leave for employees who have children or an adult child with a disability

Additional leave for workers who have children or an adult child with a disability is one of the state’s social measures aimed at protecting the rights and interests of workers and their children. In order to understand the details of granting this leave, it is necessary to familiarize yourself with the regulatory framework that regulates this issue.

Regulatory framework

The regulatory framework governing the granting of additional leave to employees who have children or an adult child with a disability includes:

• The Constitution of Ukraine, which guarantees the right to work and social protection;
• The Code of Labor Laws of Ukraine, which defines the procedure for granting vacations and employees’ rights to social protection;
• The Family Code of Ukraine, which defines the rights of parents and children, and also establishes the procedure for paying alimony;
• The Law of Ukraine “On Vacations”, which defines the types of vacations and their duration, as well as the procedure for granting them;
• Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009 No. 1317 “Issues of medical and social examination”, which defines the procedure for conducting medical and social examination and establishes rules for providing assistance to persons with disabilities;
• Resolution of the Plenum of the Supreme Court of Ukraine dated November 6, 1992 No. 9 “On the practice of consideration of labor disputes by courts”, which contains recommendations for consideration of disputes related to the application of labor legislation and social protection of employees.

Also an important document is the Letter of the Ministry of Social Policy of Ukraine dated February 25, 2015 under No. 76/13/116-15 “Regarding the granting of social leave to employees who have children”, which contains recommendations and explanations regarding the procedure for granting additional leave to employees who have children or an adult child with a disability.

General information

Additional leave for children is a type of leave granted to employees who have children or an adult child with a disability. According to Article 25 of the Law of Ukraine “On Holidays”, the duration of additional leave for children is 14 calendar days per year.

Who is entitled to such leave?

According to Article 25 of the Law of Ukraine “On Holidays”, parents of children under the age of 14, as well as parents of adult children with disabilities, have the right to additional leave for children.

Concepts of “single mother” and “single father”

A single mother or a single father is a person who raises children without a husband or wife. According to Article 25 of the Law of Ukraine “On Leave”, a single mother or a single father has the right to extended additional leave for children in the amount of 14 additional calendar days.

Grounds for granting leave

The grounds for granting additional leave for children are:

• having children under the age of 14 or an adult child with a disability that requires constant care;

• pregnancy of a woman who has children under the age of 14 or an adult child with a disability that requires constant care;
• caring for a child with a disability who needs constant care;
• other cases provided for by law.

Duration of additional leave for children

According to Article 25 of the Law of Ukraine “On Vacations”, the duration of additional vacation
child passes are 14 calendar days per year. If there are two or more children who are entitled to additional leave for children, its duration is increased by 14 calendar days for each additional child.

Documentary confirmation of the right to additional leave

To receive additional leave for children, the employee must have documentary evidence of the right to it. These can be the following documents:

• child’s birth certificate;
• certificate about the child’s disability;
• medical certificate about the health of the child;
• certificate from the child’s place of study (in the absence of one of the parents).

Peculiarities of providing additional leave for children

If both parents have the right to additional leave for children, it can be divided between them. At the same time, one of the parents can take additional leave for the children with a six-month period. That is, if parents have two children, one of them can take additional leave for the first half of the year, and the other for the second.

It is also important to know that additional leave for children does not depend on the dismissal of the employee. This means that if an employee plans to quit his job, he still has the right to receive additional leave for children.

Legal, economic, cultural features of Ukrainians

In Ukraine, there are a number of legal, economic and cultural features that affect the receipt of additional leave for children. For example, the availability of maternity leave for women after the birth of a child can become an obstacle for a father to get additional leave to care for a child.

Also, economic factors can affect the receipt of additional leave for children. For example, companies may not have sufficient funds to pay for a replacement in the workplace during an employee’s leave, which may result in the denial of additional leave.

Cultural characteristics can also affect the receipt of additional leave for children. For example, in more conservative families, a question may be raised about appointing a husband to take leave to care for a child, instead of receiving additional leave.

Four funny judicial examples from the lives of clients

For example, one example tells of a father who wanted to take extra parental leave, but was fired from his job. He filed a complaint with the court, but it was rejected, saying that “he himself asked to be released.” This example shows that the right to additional leave does not depend on dismissal.

Another example tells of a father who went to court to get additional parental leave for his child. The court accepted his application and asked the city council to determine the number of children whose parents receive additional leave. However, the city council was unable to answer this question due to the poor quality of their databases. This example demonstrates that documenting the right to additional leave can be a problem due to the lack of accurate data.

The third example tells of a father who went to court to obtain additional leave to care for his child. The court agreed that he was entitled to leave, but was unable to decide who should pay for the replacement at the workplace during the employee’s leave. This example shows that
economic factors can affect the receipt of additional leave for children.

The latest example is about a father who went to court to get additional parental leave for his children. The court agreed that he was entitled to leave, but it was refused because his children were already adults and did not require care. This example shows that entitlement to additional leave for children depends on their age and care needs.

All these examples can be useful in explaining the legal and practical aspects of obtaining additional leave for children, and also demonstrate that the emergence of problems in this area can be caused by legal, economic and cultural factors.

During the war in Ukraine, additional leave for children became more relevant, as the number of families experiencing difficult life circumstances increased. In this regard, in 2015, the Letter of the Ministry of Social Policy of Ukraine dated February 25, 2015 under No. 76/13/116-15 “Regarding the provision of social leave to employees who have children” was adopted, which contains recommendations and explanations regarding the provision additional leave for children in difficult life circumstances, including war.

According to this Letter, during the anti-terrorist operation on the territory of Ukraine, which began in 2014, the grounds for granting additional leave for children may be the following circumstances:

• the father or mother of the child died or was killed in the area of the anti-terrorist operation;
• the father or mother of the child was temporarily absent in connection with the performance of military service duties, participation in an anti-terrorist operation, protection of the state border of Ukraine, etc.;
• the child was temporarily resettled with his parents, who were forced to leave their place of residence in connection with the anti-terrorist operation;
• the father or mother of the child was evacuated together with the children from their place of residence due to a threat to their life and health in connection with the anti-terrorist operation;
• the child was being treated due to the consequences received in the area of the anti-terrorist operation.

In such cases, subject to documentary confirmation, the employee may receive additional leave for children during the period specified in the document confirming such circumstances. The duration of vacation is determined at the level of at least 14 calendar days.

This Letter of the Ministry of Social Policy of Ukraine is an important document for the regulation of issues related to the provision of additional leave for children during the war in Ukraine. It contains detailed recommendations and explanations on the grounds and procedure for granting leave in such difficult life circumstances. This document may be useful for parents who are in a similar situation
and employees who provide them with legal assistance.

Conclusion

The provision of additional leave for children is an important issue that concerns many employees with children or adult children with disabilities. Knowledge of the regulatory framework and features of granting additional leave can be useful for parents who are entitled to such leave, as well as for employees who provide them with legal assistance.

If you have any questions regarding the provision of additional leave for children, I recommend referring to the relevant legal acts, in particular the Constitution of Ukraine, the Labor Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine “On Leave”, as well as the above-mentioned Letter of the Ministry of Social Affairs of the policy of Ukraine dated February 25, 2015 under No. 76/13/116-15.

I also advise you to contact professional lawyers who have experience with similar issues and can provide you with legal assistance. Make an appointment in advance with Despacho Internacional “Intereses legítimos”, which provides all services remotely to save the client’s time while respecting confidentiality. Get a sense of security, confidence in the future, stability in your life and your family.