Child leave

After the end of leave due to pregnancy and childbirth, a woman has the opportunity, at her own request, to use the right to take care of a child until she reaches the age of three. However, not only mothers can receive this leave. In the future, we will consider the conditions and procedure for granting this leave in more detail.

Leave in connection with pregnancy and childbirth

Maternity leave is a period of temporary incapacity for work associated with the birth of a child. Lasts from 126 to 180 days. From November 2023, part of the maternity leave can be transferred to the postpartum period at the request of the mother. A certificate of temporary incapacity for work is required for registration, and the order and application are not always mandatory. The benefit is covered by the Social Insurance Fund from the first day, regardless of the form of the employment contract.

Who has the opportunity to take leave

Leave to take care of a child until it reaches the age of three is a social leave guaranteed to employees in accordance with the Labor Code and Law No. 504. This leave is available at the request of the child's mother or father, as well as other relatives or persons who actually care for the child, including grandparents, adoptive parents, foster parents and other caregivers. Employees can take advantage of this right both on a full-time basis and on a part-time basis, and can work part-time or at home during holidays.

Formalization of the leave granting process

When taking care leave for a child before the child reaches three years of age, the requirements of Part 3 of Article 20 of Law No. 504 should be followed. This means that the leave is granted at the request of the child’s mother, father or other persons specified in Part Three of Article 18 of this Law, in full or partly during the established period and issued by order (order) of the owner or the body authorized by him. To receive leave, one of the parents submits a leave application and a copy of the child's birth certificate to the employer.

Issuance of leave until the child turns 6 years old

After the child care leave ends, before the child reaches the age of three, you can apply for a child care leave until the child reaches the age of six. No salary is accrued during this leave. The leave can be issued by the mother or another person who actually provides care for the child. This type of leave is not taken into account in the insurance record and is provided in cases where the child needs additional home care. To apply for leave, you must have a medical report from a medical institution confirming the need for this measure (form No. 080-1/о).

Legal analysis of the situation

Parental leave is the right of the mother or other person who actually cares for the child. The legislation provides for the possibility of obtaining this leave before the child reaches the age of six. It is not included in the insurance experience and can be provided in the presence of a medical opinion on the need for additional care for the child. The leave registration procedure includes the submission of relevant documents to the place of primary or part-time employment, including a medical report.

For advice on the legal aspects of taking parental leave, you should usually consult a qualified lawyer. The price of the consultation may vary depending on the chosen lawyer and the complexity of the issue.

Family law attorney

The lawyers of the legal marketplace "Consultant" guarantee a high level of legal assistance and an individual approach to each client in matters related to obtaining parental leave. Our rights protection lawyers will be your reliable assistants in protecting your rights and interests.