Features of the law
In accordance with Article 179 of the Labor Code of Ukraine and Article 18 of the Law of Ukraine «On leave» after the leave for pregnancy and childbirth at the request of the woman she is granted leave to care for a child under the age of three with paying help from state social insurance for these periods in accordance with the law. This is stated in the notice of the Union of Education and Science of Ukraine.
The care for a child under the age of three until 2008 is provided in accordance with paragraph 4 of Article 34 of the Law of Ukraine «On Mandatory State Social Insurance on temporary disability and expenses related to the birth and burial» from 18 January 2001 № 2240-III.
Law of Ukraine «On State Budget of Ukraine for 2008 and Amendments to Certain Legislative Acts of Ukraine» from 28.12.2007 №107 -VI excluded this provision from the Law #2240. Despite the decision of the Constitutional Court of Ukraine from 22.05.2008 № 10-rp/2008 on acceptance of amendments to Article 34 of the Law № 2240- III, the unconstitutional action of the legislature norms has not been restored.
The above benefits shall be paid, at the time, to the insured persons under the Law of Ukraine «On State Support to Families with Children» from 21.11.1992 № 2811 -XII. Terms to provide the support are defined in the Article 14 of the Act, under which aid is assigned basing on the extraction of the order of the employer to provide the person who actually cares for a child with a leave to care for a child under the age of three.
The amount of aid is determined based on the difference between the living minimum for working persons, and the average total family income in per capita over the last six months but not less than 130 UAH (Article 15 of the Law № 2811 -XII).
Aid is appointed and paid by the Social Welfare at the residence of the parents (guardians) from the State Budget of Ukraine through subventions to local budgets (Articles 4 and 5 of the Law № 2811 -XII).
The following documents should be submitted to the social protection service to receive the aid:
- A statement of the mother (father, adopter, guardian, grandparents or other relative who actually cares for child), under the form approved by the Ministry of Social Policy;
- A copy of or extract from the order of the employer to grant leave;
- A copy of the birth certificate of the child;
- Copy of a workbook of mother (father, adopter, guardian, grandparents or other relatives), who provide care for child;
- Certificate of education (for those who study);
- A certificate that they do not receive payment of unemployment benefit or material unemployment benefit (for unemployed persons who are registered at the employment agency);
Social security authorities are prohibited from requiring other documents.
