What labor benefits can a single mother expect?

Many employers know that there are different categories of employees: "regular" employees, people with disabilities, underage employees, parents with young children, and others. Depending on which category an employee belongs to, he or she has rights and additional benefits enshrined in the Labor Code. In this article, we will tell you what labor benefits are provided for single mothers.

Who is considered a single mother?

As of today, there is no single procedure for assigning the status of a single mother. Depending on which benefit a woman is applying for, there will be different requirements for determining the status of a single mother.

For the purposes of labor law, one should rely on paragraph 9 of the Resolution of the Plenum of the Supreme Court of Ukraine "On the Practice of Consideration of Labor Disputes by the Courts" of November 06, 1992, No. 9. Based on this Plenum, the Supreme Court ruled in 2018 that a woman who meets the following criteria is considered a single mother:

• the woman is not married;
• the entry about the father in the child's birth certificate is missing or made according to the mother;
• raising a child without the father's involvement;
• provides for the child on his or her own, without the participation of the father.

If a woman receives child support, she can no longer count on receiving labor benefits as a single mother, since the requirement to provide for the child without the father's participation is not met.

What labor benefits are provided for a single mother?

If a woman meets the requirements listed above and is granted the status of a single mother by law, she can count on labor guarantees provided by the Labor Code:

1. It is prohibited to refuse to hire single mothers with a child under the age of 14 or a child with a disability. It is also prohibited to reduce the salary of such employees. (Article 184(1) of the Labor Code) In case of refusal to hire, the employer must give a written response with justification of the reasons. A single mother, in turn, may appeal such a refusal in court.
2. When hiring a single mother who has a child under the age of 14 or a child with a disability, the employer cannot set a probationary period for her. (Article 26(3) of the Labor Code).
3. It is difficult to dismiss a single mother with a child under the age of 14 or a child with a disability at the initiative of the employer. To do this, you need to take care, first, of her future employment. Secondly, there can be only two reasons for dismissal: liquidation of the company or expiration of a fixed-term employment contract. (Article 184(3) of the Labor Code) If the dismissal occurs after the expiration of a fixed-term employment contract, the employer is obliged to pay the average salary until the woman is employed. Payments must be limited to three months from the date of the contract's termination.

What vacation benefits are provided for a single mother?

Since there is no single definition of the status of a single mother, in order to receive vacation benefits, it is necessary to be guided by Article 10, Part 13, Clause 5 of the Law on Vacations. In this case, a single mother is a woman who raises a child without the father's participation, and it does not matter whether the child's father pays child support or not.

In order to receive preferential leave, the Ministry of Social Policy and the Ministry of Economic Development provided additional clarifications on who can be considered a single mother:

• the woman is unmarried and the child's birth certificate does not contain an entry about the father or is made according to the mother;
• a widow;
• a divorced woman who is raising a child without a father;
• a woman who gave birth to a child out of wedlock and the father recognized the child;
• a woman who has remarried, but her current husband has not adopted a child (under 18).

In order for a woman to confirm her status as a single mother, she needs to provide evidence that she is raising a child without the participation of a father. Documents that can confirm this:

• a court decision on deprivation of parental rights;
• a court decision or an investigator's order to search for a defendant in a case involving a claim for the recovery of alimony;
• an act of the social service, drawn up on the basis of the neighbors' statements that the father does not take part in the child's upbringing, etc.

A single mother can count on an annual additional social leave of 10 calendar days, excluding holidays and non-working days (Article 19 of the Law on Leaves). Such leave is granted at any time and is not tied to the time worked in the company.

If a woman has not previously used additional social leave, she can receive compensation for it upon dismissal or use it (this leave does not expire but is carried over to the next year) (Article 24 of the Law on Leaves).

A single mother is entitled to additional leave until her child reaches the age of 18.

If a single mother has grounds to take the leave provided for in Article 19 of the Law on Leaves, the total duration of additional social leave may not exceed 17 calendar days.

Can a single mother receive a tax social benefit?

In order to receive a tax social benefit (hereinafter referred to as the NSB), a single mother must confirm her status. Procedure No. 1227 defines single mothers as women who have a child under 18 and are not officially married.

For the purpose of receiving the NSL, it does not matter whether a woman receives child support or not. However, if a woman gets married, she will lose her right to the NSL (whether her husband adopts the child or not is irrelevant).

In 2021, the amount of the NSL for a single mother is UAH 1702.50 for each child under 18. The eligibility for the NSL is tied to the woman's salary. In 2021, the income limit is calculated: 3180 * number of children under 18.

To receive the NSL, a single mother must provide the following documents:

• a copy of the child's birth certificate;
• a copy of a marriage certificate and a death certificate (if a widow applies for the NSL);
• a copy of the passport.