Small business gains momentum. More and more people register as individual entrepreneurs and do own business activities. There are many questions related to this, for example on the labor legislation. HQ of the State Labour Service of Ukraine in Lviv region answers the question whether a grandmother can take a maternity leave, if a child’s mother is an individual entrepreneur?
As it is known, three years’ maternity leave can be used fully or partially also by child’s father, a grandmother, a grandfather as well as other relatives, who actually care about the child, or a person, who adopted or took care for the child.
Three years maternity leave is given fully or partially upon the application of a woman or persons mentioned above, within the specified period and is issued by the order (provision) of the owner or body authorized by him/her.
Child’s father, grandparents, or other relatives who actually care for a child (except for those who adopted or took care of the child in accordance with the law, foster parents and parents-mentors), childcare leave is granted until the child reaches the age of three years on the basis of a certificate from the place of work (education, service) to the mother of the child that she went to work before the expiry of the period of the leave and the payment of care for the child was ceased for her (with an indication of the date).
Consequently, only if the certificate from the mother’s place of work is given in accordance with the requirements of the legislation, it is granted the right of the child’s father, a grandmother or other relatives who actually care for the child, for obtaining a leave of a certain length, while preserving the place of employment (position) and salary (assistance) during the leave.
Thus, the right to three years’ maternity leave of the child’s father, the grandmother, grandfather or other relatives who actually care for the child depends on the mother’s right to such a leave.
The right to leaves is given to the citizens of Ukraine who are in labor relations with enterprises, institutions, organizations irrespective of the forms of ownership, type of activity and branch affiliation, and also work under an employment contract for an individual.
At the same time, according to Art. 42 of the Commercial Code of Ukraine, entrepreneurship is an independent, initiative, systematic, at its own risk, economic activity carried out by economic entities (entrepreneurs) in order to achieve economic and social results and profit.
Since the child’s mother is not in labor relations with enterprises, institutions, organizations irrespective of the forms of ownership, type of activity and branch affiliation and does not work under an employment contract for an individual, the Law of Ukraine “On Leaves” does not apply to her. That is, the woman does not have the right to three years’ leave, and therefore the grandmother cannot take the mentioned leave.
