Publication date: 21.04.2024
active and purposeful military lawyer with more than 4 years of experience
Is the guardian of an adult child entitled to additional social leave?
Situation:
An employee (age ― 68 years old), who takes care of an adult child ― a person with disabilities since childhood of subgroup A and group (age 39 years old), applied for additional social leave. Does he have the right to such leave if his wife, who has also taken care of this child, is not working?
Decision:
First of all, it should be noted that the terms, procedure and types of vacations are regulated by the Law of Ukraine "On Vacations" dated November 15, 1996 No. 504/96-VR (hereinafter - Law No. 504).
According to the first part of Article 2 of Law No. 504, citizens of Ukraine who are in labor relations with enterprises, institutions, organizations regardless of the form of ownership, type of activity and industry affiliation, and also work under an employment contract with a natural person, have the right to vacations.
Pursuant to Article 19 of Law No. 504, to one of the parents who have two or more children under the age of 15, or a child with a disability, or who has adopted a child, the mother of a person with a disability from childhood of subgroup A of the I group, a single mother, the father of a child or a person with a disability since childhood of subgroup A of the I group, who brings them up without a mother (including in the case of a long-term stay of the mother in a medical institution), as well as a person who has taken into custody a child or a person with a disability since childhood of the subgroup A of I group, whether one of the adoptive parents is granted annual additional paid leave of 10 calendar days, excluding holidays and non-working days (Article 73 of the Labor Code of Ukraine).If there are several reasons for granting the specified vacation, its total duration cannot exceed 17 calendar days.
To receive additional social leave, the guardian must submit the following documents:
• statement;
• a copy of the passport (the document that replaces it) of a person with a disability since childhood of subgroup A of group I;
• a copy of the reference to the inspection report by the medical and social expert commission;
• a copy of the court decision on the appointment of a guardian.
According to the fourth part of Article 24 of Law No. 504, at the request of the employee, a part of the annual leave is replaced by monetary compensation. This norm does not apply to social leave provided for in Article 19 of Law No. 504.
It is worth paying attention that according to Article 24 of Law No. 504, in the event of dismissal of an employee, he is paid monetary compensation for all unused days of additional leave to employees who have children or an adult child - a person with a childhood disability of subgroup A of I group.
We would like to remind you that in accordance with the seventh part of Article 20 of Law No. 504, additional vacations are granted to employees who have children or an adult child — a person with a childhood disability of subgroup A of I group, in addition to the annual vacations provided for in Articles 6–8 of this Law, as well as in addition to the annual vacations established by other laws and regulations, and are transferred to another period or extended in the manner determined by Article 11 of the said Law.Thus, an employee who took care of an adult child - a person with a childhood disability of subgroup A and group - has the right to additional social leave of 10 calendar days, excluding holidays and non-working days.
