LEGAL REGULATION OF CHILD-CARE LEAVE BY UKRAINE'S LEGISLATION: THEORETICAL AND PRACTICAL ISSUES
Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22
Abstract
Problem setting. The child-care leave in Ukrainian legislation is classified as social. The mentioned leave is important in the care, supporting and upbringing of the child in the family. Not always the provisions of labor legislation on the child-care leave can be applied to a particular life situation. Analysis of recent researches and publications. The scientific study of social leaves, in particular, the procedure for granting the child-care leave, took place in the works of A. M. Lushnikov, M. V. Lushnikova, Kashkina Yu.S., Garaschenko L. P., Gutsa S. F., Aeskulova V. D. etc. Target of research. The purpose of the article is a comprehensive study of the legal regulation of child-care leave. Article's main body. With the development of social production and the subsequent involvement of a large number of women in productive relations, there was an objective need to create conditions for them not only for work, but also for the upbringing of children. It is known that in the history of mankind development there was unable to create such social institute that would replace the family and assume the complexity and diversity of its functions. This is due to the birth, upbringing and retention of children in the family. And in order for it to be successful, families must be given a certain amount of time, including leaves. Such leaves in labor legislation is called social. Ukrainian legislation provides for certain types of social holidays: maternity leave, child-care leave until the child reaches the age of three, child-care leave and additional leave for workers with children or an adult child with disabilities since childhood, subgroup A of 1 group. The subject of this study is the legal regulation of child-care leave. Conclusions and prospects for the development. Studying of the legal mechanism for granting child-care leave on certain enterprises gives grounds to conclude that certain circumstances should be taken into account when applying certain provisions of regulatory acts: the place of residence of parents and other members of the family who actually cares for a child, the state of mother's health during the period of her being on child-care leave, the number of children in the family, and others. We believe that the proposals on the legal regulation of childcare leave will be directed at the harmonious combination of family members of participation in social production with the upbringing of children, as well as taking into account their personal needs and will have a positive impact on the fulfillment of their labor duties.
Authors and Affiliations
I. A. Vetuhova
Keywords
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- EP ID EP488395
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