An employer did not consider the need to improve the HIV-positive child’s health to be a sufficient reason for granting summer annual leave to his mother. He offered her to go to the sea… in October. Mother preferred legal resolution of the conflict.
Resident of Novoaydar in Luhansk region Maria* could have a rest with her son at the sea only in August - according to the social sanatorium voucher. No other period of time was acceptable. The HIV-positive minor boy’s mother was so much delighted at an opportunity to improve her child’s health that bought the train tickets in advance.
However, the director of the enterprise where Maria worked strongly refused to grant the leave in August, claiming that everyone wants to have a rest in the summer, so there is no one to work. Therefore, the woman could hardly count on the leave holidays earlier than in October, according to the approved schedule.
Maria addressed Novoaydarsky Community Law Center at NGO "Public Service of Legal Aid". Lawyer of the Center Anastasia Pavlova explained that the mother had the right to annual additional leave within 10 calendar days in summer or in any period of time, convenient for her.
“Also we helped to draw up the statement addressed to the director the enterprise, in which we referred to standards of Article 18 of the Law of Ukraine "About counteraction to spread of the diseases predetermined by the human immunodeficiency virus (HIV) and legal and social protection of people who are living with HIV" **. Also we called the administration of the enterprise and explained the claimant’s right”, the lawyer told.
“Legal illiteracy elimination program" worked: a couple of days later Maria called the Center and thanked for professional and efficient help: she and her son will have a rest at the sea during a summer time, but not when it rains.
*Name of person featured in publication is changed for ethical reason.
The law of Ukraine "About counteraction to spread of HIV/AIDS diseases and legal and social protection of people who are living with HIV".
Article 18. The rights of parents of HIV-positive children and children who suffer HIV/AIDS diseases.
1. Parents of HIV-positive children and children who suffer who suffer HIV/AIDS diseases and persons who substitute them have the right to:
1) Joint stay in stationary office of hospital with children aged till 14 years with the child care paid leave;
2) Receiving additional annual leave lasting 10 days in summer or another period of time convenient for them, before attaining by children the age of 18 years.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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