Paternity Leave: What You Need to Know

Based on our long-term experience, the topic of parental leave for childcare being granted to the father is raised extremely rarely in enterprises; usually, social leaves are attributed to the mother. However, such situations can still arise, as our client encountered.

Client's question: An employee of the enterprise – the child's father – is going on childcare leave until the child reaches 3 years of age. What are the specifics and the procedure for documenting such leave? Can a bonus be paid to an employee who is on childcare leave until the child reaches 3 years of age?

 

1. Key aspects of regulating and formalizing this leave.

Typically, childcare leave is a continuation of another leave – maternity leave, which is granted to the child's mother (the birthing parent). Specifically, Part 1 of Article 18 of the Law of Ukraine "On Leaves" dated 15.11.1996 No. 504/96-ВР (hereinafter – the Law) stipulates that, at her request, a woman may be granted leave related to childcare until the child reaches three years of age, upon the expiration of the leave granted in connection with pregnancy and childbirth.

However, sometimes situations arise when childcare responsibilities for a newborn are placed on the father, who temporarily ceases to perform the role of a breadwinner. Ukrainian legislation provides freedom of choice for both the mother and the father regarding childcare leave. This is enshrined at the legislative level by the following regulatory legal documents:

• Labor Code of Ukraine dated 10.12.1971 No. 322-VIII – Part 7 of Article 179;
• The Law – Part 3 of Article 18.

According to the above regulatory framework, this leave can be used in full or in parts by the child's father, grandmother, grandfather, or other relatives who actually care for the child, or by a person who has adopted or taken custody of the child. It is worth noting that this leave is granted once, regardless of how many children under three years of age are in the family. Current legislation does not provide for the possibility of simultaneous leave for childcare for children under 3 years of age for both the mother and the father (or another relative) from the same family.

To formalize childcare leave until the child reaches 3 years of age (the procedure for formalization is defined by Articles 18, 20 of the Law), the employee of the enterprise must submit the following documents:

• a written application addressed to the owner or an authorized body;
• a copy of the child's birth certificate (to confirm the child's age);
• a certificate from the child's mother's place of work (service, study) stating that she has returned to work before the end of this leave (in case the leave is formalized in favor of the father or another person who will actually care for the child).

The approval of this leave at the enterprise is carried out by drawing up an order (directive) from the owner.

For the person who actually assumes childcare, such leave can be formalized either immediately after maternity leave or at any other time. Repeated interruptions of the leave with subsequent formalization are also possible – by a written application addressed to the owner specifying the term of the leave and an order (directive) from the owner, respectively.

 

2. Bonus payments to employees on childcare leave until the child reaches 3 years of age.

 

The payment of a bonus to an employee during their leave, in general, does not contradict the current legislation of Ukraine. Such a payment is considered a violation only if it does not comply with the established Bonus Regulations (hereinafter – the Regulations) and the terms of the Collective Agreement.

Therefore, for paying a bonus to an employee during leave, it is recommended to:

• amend the Regulations currently in force at the enterprise – specifically stating in a separate clause that the enterprise may pay bonuses to employees on leave.
• approve the relevant amendments and the Regulations as a whole.

Thus, considering the above, the child's father has the right to receive a social leave such as childcare leave until the child reaches 3 years of age. For this, the employee of the enterprise must submit the documents specified in Article 20 of the Law. From the enterprise's side, the leave is approved by a corresponding order.

In order to have grounds for paying a bonus to an employee caring for a child and to avoid contentious issues during inspections by regulatory bodies, it is necessary to define in the document confirming the existence of an employee bonus system at the enterprise (the Regulations) the possibility of providing such incentive payments to employees "on leave."

In case the enterprise management refuses to grant childcare leave until the child reaches 3 years of age, we advise you to contact lawyers; they will help you correctly draft the application and provide legal support in the dispute between the child's father and the employer.

Accountant
Marchenko Olena