A man is considered missing: does the wife have the right to an additional 10 days of paid leave
A woman who is married but whose husband is considered missing does not lose the right to additional labor guarantees provided by law. If she is raising a child alone because the father has been legally declared missing, such an employee can use the additional annual paid leave as a worker with children. This right is provided by the Law of Ukraine "On Leaves."
Does a woman whose husband is missing have the right to leave?
A woman who is married and has one child, whose husband has been considered missing since last year, asks if she has the right to additional paid leave as a worker with children.
The answer is yes, she does.
Who has the right to additional paid leave
According to the Law of Ukraine "On Leaves," a single mother, as well as a father raising a child without a mother (including in cases where the mother is in a medical institution for a long time), is granted an additional paid leave of 10 calendar days annually.
Who is considered a single mother
The law defines a single mother as:
- a mother whose child’s birth certificate contains information about the father entered at her request in the prescribed manner;
- a mother whose child’s father has died;
- a mother whose child’s father has been deprived of parental rights by court decision;
- a mother whose child’s father has been declared missing;
- a mother whose child’s father has been declared deceased, if the child has not been adopted by another man.
Conclusion
Thus, if the child’s father has been legally declared missing, the woman has the right to an additional annual paid leave of 10 calendar days as an employee with children. The mere fact of being married does not deprive her of this right if the legal grounds exist.
