For the sake of children: 7 additional guarantees for men to combine family and work responsibilities

"Children are equally in need of care and attention of both mother and father. Therefore, the provision of additional annual vacations by the legislator, as well as the establishment of incomplete and reduced working time for the father, should contribute to the harmonious development of the child”.

This opinion was expressed by Tetiana Borysenko, a lawyer at "Skliarenko, Sydorenko and Partners", in the commentary for the publication of “TODAY”. Journalists decided to figured out what would change for Ukrainian parents if the government accept draft Law No. 9045 of September 5, 2017 No. 9045 “On Amendments to Certain Legislative Acts of Ukraine Concerning the Provision of Additional Guarantees Related to Combining Family and Labor Responsibilities”.

“In families where both parents work, there is no choice, who is more comfortable, more profitable, taking into account the level of remuneration, or any other reason, to take a child from an educational or educational institution, to take to extracurricular sections, to early development classes, dancing, swimming pool and etc. - said the expert. “To share a holiday with a child, parents must synchronize their holidays, and the provision of additional annual leave only for the child’s mother makes it impossible for the family to share holidays during this period.

In Ukraine, since 2016, the Law “On ensuring equal rights and opportunities for women and men” has been in force. The article number 17 provides that the employer is obliged to provide women and men with equal opportunities to combine work with family responsibilities. But so far this provision is declarative in nature, since the Code of Labor Laws of Ukraine and the Law "On Leave" in the current edition of equal conditions is not provided.

The lawyer identified 7 key changes proposed by the project №9045, which will increase the dad's labor guarantees to the level of the mother's:

1. The prohibition of temporary transfer to another job of men who have a child with disabilities or a child under the age of six years, as well as persons under the age of eighteen years of age without their consent.

2. The ability to install reduced working hours for men with children under the age of fourteen or a child with a disability.

3. Establishment by an employer at the request of a father with a child under the age of fourteen years or a child with a disability, part-time or part-time working week.

4. Inability to attract to overtime work or travel assignments men who have children under the age of fourteen or disabled children, without their consent.

5. Providing leave to care for a child until he reaches the age of three at the request of a mother or father of the child, which is used by the parents according to their agreement and can be equally distributed between them.

6. Providing men partially paid leave and leave without pay to care for a child of a longer duration, as well as non-paid leave of up to 6 years if the child is in need of home care.

7. Providing the father with an additional annual paid leave of 10 calendar days excluding holidays and non-working days.

Special attention, according to the expert, also deserves the proposed project the right of temporary absence of the employee during the day (shift) at the workplace due to the occurrence of force majeure circumstances in the family. For example, some sudden event or accident requiring immediate and mandatory presence. Such absence from work will no longer be grounds for dismissal for absence.

In general, such a law, if adopted, in the proposed wording of its draft, should have a positive effect on ensuring equal rights and guarantees for men and women raising children. It can be predicted that the law would be a significant step to achieve such equality, - lawyer believes.

T. Borysenko notes that the changes proposed by the project cover almost all the essential guarantees of persons with children in the labor sphere, which previously only women had. The men at the same time were put on a par with their grandparents or other relatives.

Another question is whether employers are ready to ensure the project’s rights to additional annual leave, for a shorter working day. State and local governments usually comply with labor law regulations. Companies with foreign capital that value their reputation and set themselves high social standards also infrequently violate guarantees of the rights of their employees.

In order for socially oriented norms not to remain declarative, it would not be superfluous to increase responsibility for violating the rights of workers with children. As an example of the effectiveness of "sanctions" we can recall the strengthening of control and responsibility for the non-payment of alimony.