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According to the Labor Code, summer leave for parents with children under 14 years of age is provided only in 3 cases: if they are raising a disabled child, if they are a large family, or if they have adopted an infant.

Naturally, parents try to take vacations in the summer while schoolchildren are free from classes. But employers do not always allow subordinates to leave, explaining the refusal by production necessity or other reasons. However, for some, the boss is not a decree

. They are allowed to go on vacation at a convenient time by the Labor Code of the Russian Federation.

Duration of rest for parents with children under 14 years of age

As a general rule, working mothers and fathers have the right to count on 28 paid calendar days during the year. The presence of children, their number and their age does not matter in matters of the duration of annual paid rest: there is a single guarantee for all employees.

Some employees are provided with additional paid days. The reasons for increasing rest are different, including:

work in hazardous conditions (Article 117 of the Labor Code of the Russian Federation);

special nature of the work (Article 118 of the Labor Code of the Russian Federation);

irregular working hours (Article 119 of the Labor Code of the Russian Federation);

work in the Far North and equivalent areas;

presence of disability;

participation in liquidation of consequences at the Chernobyl nuclear power plant.

In addition, athletes and coaches (they are entitled to at least 4 additional days), teachers and doctors (they are given up to 35 additional days), judges, officials and employees of internal affairs bodies (they are entitled to rest 1-15 days longer) have certain prerogatives. .

But we are interested in how the Labor Code of the Russian Federation regulates the vacation of workers with children during the summer period, do they have a chance to defend their right to rest during the school summer holidays?

How is leave arranged for parents with children under 14 years of age?

The procedure for granting is the same for any type of leave: paid and unpaid. It is required to notify the employer in advance of your intention to go on vacation, indicating its duration and start date. The usual notice period is 1 week. This period is required to accrue and calculate vacation pay and to find a replacement employee. If the manager makes a positive decision, then the employee can begin rest from the date specified in the application.

Recipients of benefits

The following categories of employees with children are entitled to benefits when choosing a vacation time:

up to 3 years old who care for the child (this can be the father, mother, any other relative);
under 7 years old;
first graders;
aged 7 to 10 years;
disabled people under 18 years of age;
under 14 years of age, provided that the parent is raising the child alone;
under 14 years of age if there are more than 2 children in the family.

Such employees have the right to choose the vacation period at their own discretion, as well as receive additional vacation during the year (Article 262 of the Labor Code of the Russian Federation).

What is required for registration

To confirm the right to preferential leave, parents or guardians provide:

certificate of residence (children and their parents);
children's birth certificates;
certificate of adoption or establishment of guardianship (if necessary);
a certificate from the place of permanent work of the second parent or guardian stating that he did not receive or partially took advantage of additional paid days for the required period or that no applications for additional days were received from him;
a certificate confirming the disability group if the child is disabled.

This is important to know: How to revoke child support in case of reconciliation

The employer is obliged to take into account the wishes of his employees before drawing up a vacation schedule, and not only to maintain a favorable atmosphere in the team, but also in order not to break the law. In this case, of course, the operating conditions of the enterprise and production needs are taken into account.

Guardians and their rights

Legislation provides equal rights to all parents, regardless of whether the child is raised in the family or adopted. The guardian enjoys all the benefits granted to the parent of a minor child.

The guardian of a child under 3 years of age has the right to maternity leave and subsequent parental leave (Article 256, Part 2 of the Labor Code of the Russian Federation). At the same time, he is guaranteed to retain his job and work experience. The guardian can interrupt the vacation at any time and return to the workplace at his own discretion.

In practice, few parents know that they have any special rights when receiving leave; accordingly, most workers do not use their legal rights. The employer does not have the right to prevent parents of minors from exercising their legal rights to leave at any time. If such a fact occurs, the citizen has the right to apply to the labor inspectorate or court with a statement of claim.

The video below will tell you about the right of parents of disabled children to receive paid leave at a time convenient for them:

Legal Aid Center We provide free legal assistance to the population

Features for Caregivers

In Russian legislation, parents and guardians have equal rights. If there are 3 or more children under 12 years of age or if caring for a disabled child, the employee is given rest at a time convenient for him (outside the schedule). But its duration is standard - 28 calendar days.

Let's summarize: summer vacation for women with children under 14 years of age in the Russian Federation is provided:

Parent (one of two) disabled children.

Parents of 3 or more children under 12 years of age.

For those who adopted a baby under 3 months of age.

Features for parents of disabled children

Such parents have the same rights as other employees. Plus, they are allowed by law to get leave in the summer if they have a child under 14 years old, or in the winter - as is convenient for them.

In addition, the law gives such employees a guarantee of 4 additional paid days off per month. They are allowed to be taken all at once or 1 day a week. But you won’t be able to accumulate such days; after a month they “burn out.” Another limitation is that these additional 4 days per month are provided for both parents. But there is no strict distribution: will the mother use them herself or share them with the father in a proportion beneficial to the family.

Do workers with children have the right to rest at a convenient time?

Some working fathers and mothers have the opportunity to choose when to rest. This rule applies to (not all categories are given):

workers who have three or more children under the age of 12 (Article 262.2 of the Labor Code of the Russian Federation);

workers who adopted a child under three months of age (Article 122 of the Labor Code of the Russian Federation);

one of the parents (guardian, trustee, adoptive person) raising a disabled person under 18 years of age (Article 262.1 of the Labor Code of the Russian Federation).

IMPORTANT! The Labor Code does not provide for summer leave for women with children under 14 years of age. But it can be provided by agreement with the employer.

When are parents of a minor child entitled to leave?

If we talk about the maternity period, then you can use this right at any time. This period covers the time until the minor reaches 3 years of age. Every parent has the right to take advantage of the opportunity to get leave. They can change and take the period they need.

Parents with minors under 7 years of age have the right to receive rest at any time. That is, they can contact the employer with an application to provide them with such time as they deem necessary. And the employer must satisfy such a request.

Another preferential category is parents with children from 7 to 10 years old. This category of workers has the right to rest during the summer holidays. This is a significant guarantee. It allows you to get time off with your son or daughter every year.

This is important to know: Is it possible to officially refuse child support after a court decision?

Providing leave for parents with disabled minor children

Employees raising disabled people are also provided with guarantees. They are entitled to enjoy the following benefits:

they have the opportunity to choose their own time. They have the right to apply to their employer to take a vacation at any month;
such employees may enjoy additional leave. It can be caused by a variety of reasons. The duration of this time is up to one month.

Thus, many guarantees and benefits have been established for this category of employees. In addition, they have other guarantees related to business trips and protection during staff reductions.

Additional leave for parents with minor children

This group should be divided into two categories. If education is carried out in relation to a disabled person, then the additional period will be up to one month. And they can write a corresponding application for additional leave in any month at their discretion.

When parents are raising a son or daughter under 12 years of age, they can also take advantage of the extra time. But in this case, the duration will be two weeks.

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When is it legal to take vacation?

The law requires that each organization approve a vacation schedule 2 weeks before the new year. This document determines the sequence of granting vacations to employees over the next year.

Since the schedule takes into account the wishes of employees, in some companies employees participate in its formation. But such interaction does not always work out, especially if the organization has many employees and it is not possible to take into account everyone’s wishes, or if the person has not yet decided when to go on vacation. In addition, employers provide vacations in proportion to the time worked, and not in advance, and this also affects which month you can go on vacation.

Despite the presence of a schedule, both childless employees and families have the opportunity to choose a suitable period for rest. But for this you need to come to an agreement with your superiors. In principle, the employer is not obliged to agree, but many make concessions.

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