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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 13, 2014 No. 1048

About procedure for provision of additional paid holidays of days for care of handicapped children

According to article 262 of the Labor Code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of provision of additional paid holidays of days for care of handicapped children.

2. To make to the Ministry of Labour and Social Protection of the Russian Federation in coordination with the Ministry of Finance of the Russian Federation explanations on application of the Rules approved by this resolution.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of October 13, 2014 No. 1048

Rules of provision of additional paid holidays of days for care of handicapped children

1. These rules determine procedure for provision according to article 262 of the Labor Code of the Russian Federation of additional paid holidays of days to one of parents (the guardian, the custodian) for care of handicapped children (further - additional paid holidays days).

2. 4 additional paid holidays of day in calendar month who are drawn up by the order (order) of the employer are provided to one of parents (the guardian, the custodian) according to its statement. The application form about provision of additional paid holidays of days (further - the statement) affirms the Ministry of Labour and Social Protection of the Russian Federation.

Frequency of filing of application (monthly, once in quarter, once a year, in process of the address or other) is determined by the parent (the guardian, the custodian) in coordination with the employer depending on need of use of additional paid holidays of days.

3. For provision of additional paid holidays of days the parent (the guardian, the custodian) submits the following documents or their copies (the reference specified in the subitem "g" of this Item is submitted in the original):

a) the reference confirming the disability establishment fact, issued to bureau (the main bureau, Federal bureau) of medico-social examination;

b) the documents confirming the residence (stay or the actual accommodation) the handicapped child;

c) the certificate of birth (adoption) of the child or the document confirming establishment of guardianship, guardianship over the handicapped child;

d) the reference of other parent (the guardian, the custodian) that at the time of the address additional paid holidays days in the same calendar month are not used or used by it partially, or the reference of other parent (the guardian, the custodian) that from this parent (the guardian, the custodian) the statement for provision to it in the same calendar month of additional paid holidays of days did not arrive. Such reference is not required in the cases specified in Item 5 of these rules.

4. Provision to the employer of the reference confirming the fact of establishment of disability of the child is performed according to disability establishment terms (once, once a year, once in 2 years, once in 5 years).

The documents specified in subitems "b" and "v" of Item 3 of these rules are represented once, the reference specified in the subitem "g" of Item 3 of these rules - in case of each address with the statement.

If one of parents (guardians, custodians) does not consist in employment relationships or is the individual entrepreneur, the lawyer, the notary who is engaged in private practice, or the other person who is engaged in the procedure established by the legislation of the Russian Federation in private practice, the member of the family (patrimonial) units of indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation registered in accordance with the established procedure, the parent (the guardian, the custodian) consisting in employment relationships submits to the employer documents (their copy) confirming the specified facts in case of each address with the statement.

5. If there is documentary confirmation of the fact of death of other parent (the guardian, the custodian), its recognitions is unknown absent, deprivations (restriction) of the parent rights, imprisonments, its stay in official journey over one calendar month or other circumstances testimonial of the fact that other parent (the guardian, the custodian) cannot perform care of the handicapped child and also if one of parents (guardians, custodians) evades from education of the handicapped child, the reference specified in the subitem "g" of Item 3 of these rules is not submitted.

6. If additional paid holidays days in calendar month are used by one of parents (the guardian, the custodian) partially, the remained additional paid holidays are provided days to other parent (the guardian, the custodian) in the same calendar month.

7. Additional paid holidays are not provided days to the parent (the guardian, the custodian) during its another annual paid leave, leave non-paid, child care leaves before achievement of age of 3 years by it. At the same time at other parent (the guardian, the custodian) the right to 4 additional paid holidays of day remains.

8. In the presence in family more than one handicapped child the quantity of the additional paid holidays of days provided in calendar month does not increase.

9. Additional paid holidays the days provided, but not used in calendar month by the parent (the guardian, the custodian) in connection with its temporary disability are provided to it in the same calendar month (on condition of the termination of temporary disability in the specified calendar month and presentations of leaf of disability).

10. Additional paid holidays the days which are not used in calendar month are not postponed to other calendar month.

11. In case of the summed-up accounting of working hours additional paid holidays days are provided at the rate of the total number of working hours a day at the normal duration of the working hours increased by 4 times.

12. Payment of each additional paid holiday of day is made in the amount of average earnings of the parent (the guardian, the custodian).

13. The parent (the guardian, the custodian) bears responsibility for reliability of the data provided to them based on which additional paid holidays are provided days.

14. The parent (the guardian, the custodian) shall inform the employer on approach of the circumstances attracting loss of the right to additional paid holidays of days.

 

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