Ukraine: New paid leave and other benefits for fathers

02/ 06/ 2021

Listen to online Stop   In brief Starting from 9 May 2021, a new paid leave and some other guarantees for fathers have been introduced by Law of Ukraine No. 1401-IX On Amendments to Certain Legislative Acts of Ukraine on Ensuring Equal Opportunities for Mather and Father in Childcare (Law No. 1401-IX). Key takeaways To ensure equal opportunities for mothers and fathers in combining work with family obligations, Law No. 1401-IX introduced certain amendments to eliminate legislative gaps and discriminatory provisions. In particular, it provides for the following: Establishing new paid paternity leave at the childs birth (Such leave is to be provided to the husband whose wife has given birth to a child, as well as to the childs father who is not married to the childs mother, provided that they live together and have a common household. Such leave may be granted for a period of up to 14 calendar days within the first three months following the childs birth.) Eliminating the discriminatory approach, according to which the fathers right to the childcare leave until the child reaches three years old was dependent on whether the mother wishes to exercise her right to such leave (From now on, the right to such leave is the equal right granted to one of the childs parents.) Establishing the right of a father of children under 14 years, or of a child with a disability, as well as the father who brings up a child without the mother, to reduced work hours at the expense of the employer Establishing the right of a farther of two or more children under 15 years, or of a child with a disability, or of an adopted child, to have additional paid annual vacation of 10 calendar days Recommended actions Take into account the new rights to additional vacations and other benefits of your male employees with children to avoid violation of these rights. Contacts: Lina Nemchenko Partner Baker McKenzie   Mariana Marchuk Counsel Baker McKenzie

In brief

Starting from 9 May 2021, a new paid leave and some other guarantees for fathers have been introduced by Law of Ukraine No. 1401-IX “On Amendments to Certain Legislative Acts of Ukraine on Ensuring Equal Opportunities for Mather and Father in Childcare” (“Law No. 1401-IX“).

Key takeaways

To ensure equal opportunities for mothers and fathers in combining work with family obligations, Law No. 1401-IX introduced certain amendments to eliminate legislative gaps and discriminatory provisions. In particular, it provides for the following:

• Establishing new paid paternity leave at the child’s birth (Such leave is to be provided to the husband whose wife has given birth to a child, as well as to the child’s father who is not married to the child’s mother, provided that they live together and have a common household. Such leave may be granted for a period of up to 14 calendar days within the first three months following the child’s birth.)
• Eliminating the discriminatory approach, according to which the father’s right to the childcare leave until the child reaches three years old was dependent on whether the mother wishes to exercise her right to such leave (From now on, the right to such leave is the equal right granted to one of the child’s parents.)
• Establishing the right of a father of children under 14 years, or of a child with a disability, as well as the father who brings up a child without the mother, to reduced work hours at the expense of the employer
• Establishing the right of a farther of two or more children under 15 years, or of a child with a disability, or of an adopted child, to have additional paid annual vacation of 10 calendar days

Recommended actions

• Take into account the new rights to additional vacations and other benefits of your male employees with children to avoid violation of these rights.

Contacts: