Additional Paid Leave for Parents of Two or More Children: Who Is Entitled and How to Get It
Do you have two or more children under the age of 15? Then one of the parents is entitled to additional paid leave of 10 calendar days every year. This right is expressly provided for by Ukrainian labour law.
Importantly, it does not have to be the mother.
The father can also take the additional leave
If the wife is not employed and the husband is formally employed, he can also exercise the right to this social leave. The law provides that it is granted to one of the parents who have two or more children under the age of 15.
The employer must be given confirmation that the other parent has not used this social leave for the relevant year. If the other parent is not employed, the confirmation should make it possible to establish reliably that such leave was not granted to them. As a general rule, the right to leave is linked to the person being in an employment relationship.
That is why a labour law consultation can be useful if the employer requests additional documents or if a question arises as to how exactly to confirm that the other parent has not used the leave.
What happens to unused leave on dismissal?
If an employee was entitled to such social leave but did not use it, the unused days do not disappear.
On dismissal, the employer must pay monetary compensation for all unused days of additional leave to employees with children. The compensation is paid regardless of the grounds for dismissal. The State Labour Service also explains that the law does not set a limitation period after which the right to unused social leave is lost.
If the employer refuses to grant the leave or does not include the unused days in the final settlement on dismissal, an employment lawyer can review the documents, determine the proper scope of the employee’s guarantees and help protect their rights.
What to remember
Additional social leave is granted not to “the mother of the children” but to one of the parents who meets the conditions set by law. It is therefore important for the employer to formalise the leave correctly, and for the employee to confirm that the other parent has not used this right.
For employers, legal support on leave matters helps to prepare HR documents correctly and to avoid disputes over employees’ social guarantees. This is one of the practical areas covered by employment law.
Legal basis
▪️ Article 19 of the Law of Ukraine “On Leave” — the right of one parent with two or more children under 15 to additional paid leave of 10 calendar days;
▪️ Article 24 of the Law of Ukraine “On Leave” — compensation for unused days of such leave on dismissal;
▪️ Article 182¹ of the Labour Code of Ukraine — additional leave for employees with children;
▪️ Article 83 of the Labour Code of Ukraine — monetary compensation for unused leave.