How a mother can apply for social leave for children if the father serves in the army
In case the father is serving in the military, to arrange additional social leave for children for the mother, it is necessary to confirm that the father has not used this right.
According to paragraph 19 of Article 10¹ of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families" No. 2011-XII, the provision of additional social leave for children to servicemen is suspended during a special period — from the moment of mobilization announcement until the introduction of martial law or the decision on demobilization, as well as during the martial law period.
Therefore, confirmation that the serviceman did not use the right to such leave may be a document about his release from work due to conscription for military service during mobilization. The employee may also indicate information about the father’s mobilization in the application.
In addition, sufficient confirmation may be:
- a certificate from the father's workplace stating that he did not use additional social leave for children;
- a certificate from the territorial recruitment and social support center (TRSSC) or military unit about the father's military service.
As previously written by the «Judicial and Legal Newspaper», an employer may refuse social leave for children without supporting documents confirming the right to receive it. The decision to grant the specified social leave is made by the employer taking into account the submitted documents. Since the legislation does not specify which exact documents the employee must submit to receive additional social leave, it is advisable to specify their list in the employer's local act (for example, internal labor regulations).
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