Grandmother on sick leave with her grandchildren: how to pay, documents.

The legislator defines several types of certificates of incapacity for work. Namely:

• discharged upon diagnosis of the patient's illness;
• sick leave for caring for a sick relative.

Everything is clear with the first category of documents, but more questions arise when it is necessary to formalize care for relatives. But the norms of labor legislation and administrative documents of the Ministry of Health stipulate that all relatives can take care of a sick relative within the framework of issuing a certificate of temporary incapacity for work.

The degree of relationship is not specified, so if you doubt whether a grandmother can take an official sick leave to care for a sick child, there is no need to worry. Certificates of incapacity for work must be issued to all categories of relatives, including grandmothers to care for their grandchildren .

The document is issued on a general basis, but the execution of the document requires additional paperwork. In particular, for a grandmother to look after her grandchildren, it is necessary to confirm the degree of relationship. This can be avoided if at least one of the parents is also present when the child is admitted to sick leave.

Important! Not all relatives can receive a certificate of incapacity for work, which is determined by the individual characteristics of individuals.

Articles on the topic (click to view)

• Is sick leave considered income?
• What to do if you have extended sick leave for pregnancy and childbirth
• What to do if your employer does not accept electronic sick leave
• What to do if you are not given sick leave
• How many days does it take for sick leave to arrive from the Social Insurance Fund?
• What to do if the place of work is not indicated on the sick leave
• Are sick leave taken into account when calculating maternity leave?

Registration of sick leave for child care for a grandmother

The procedure for issuing sick leave is clearly regulated by such regulations as:

1. Order of the Ministry of Health and Social Development of the Russian Federation of 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work.”
2. Federal Law-255, art. 5 .
3. Order of the Ministry of Health and Social Development of the Russian Federation No. 84 of 2008.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Federal Law-255 allows any relative to take sick leave. So, if the father or mother cannot leave work, then the grandmother can take over the functions of caring for the child.

According to paragraph 34 of Order 624n, sick leave confirming the fact of incapacity for work due to caring for a child is received by his closest relative. These are not necessarily the child’s parents; sick leave can be issued to the person who plans to care for the child. Moreover, the corresponding order allows you to issue sick leave for several people at once.

Also, the grandmother must actually care for the child, and not continue to perform her work duties. This means that if the grandmother continues to go to work, she is not paid sick leave. She will receive money based on the results of her work not in the form of sick leave, but as a regular salary.

If there is a non-working family member at home, then sick leave is not issued for the grandmother . For example, if the child’s mother does not work, then the responsibility for caring for the baby falls on her.

This is important to know: Is sick leave considered income?

A sick leave is issued to a person who sees a doctor at home, visits a clinic with a child, or stays with him in a hospital for such treatment.

Sick leave is issued upon visiting a clinic or calling a doctor. So, if the child is sick, and the grandmother came with him to the appointment only the next day, then the sheet will be opened only from that day.

A sick leave is issued by a doctor at a polyclinic or private clinic or hospital where the grandmother and her child went. This could be a therapist or another highly specialized specialist: a pediatrician, dermatologist or surgeon.

How to apply for maternity leave for your grandmother

Article 256 of the Labor Code establishes the right of a mother to leave to care for a child up to 3 years old, or, in popular parlance, to maternity leave. Situations in which a new mother is unable to care for her child are common. In this case, the maternity leave can be issued for another family member.

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The relative or guardian must submit the completed package of documents to their place of work. The employer does not have the right to refuse the application, since this is a direct violation of labor legislation, entailing administrative liability (Part 3 of Article 268 of the Labor Code of the Russian Federation). In case of refusal, the employee can file a complaint with the labor inspectorate or court. Also, the employer does not have the right to fire an employee who has applied for parental leave.

For what period can sick leave be issued?

According to the decision of the Supreme Court made in 2020, sick leave for the care of a child under 7 years of age is issued by children's clinics to parents, caregivers and other relatives (in particular, grandmothers) for the full period necessary for treating the child at home or in a hospital.

The deadline for issuing sick leave for a child for a grandmother is the same as for other employees. Thus, the duration of sick leave can be influenced by the child’s age, the case of the disease and its severity.

Thus, for young children under 7 years of age, a bulletin can be issued for the entire period of illness . Over the course of a year, the period of time spent on paid sick leave is no more than 90 days in the presence of diseases in List No. 84n of 2008 or no more than 60 days in the general case. The list of such diseases includes, in particular, tuberculosis, malignant diseases, burns, developmental disorders, etc.

For children aged 7 to 15 years, sick leave is issued for up to 15 days, depending on the actual case of illness, and up to 45 days per year.

For children over 15 years of age, sick leave is issued for the shortest possible period : up to 3 days for outpatient treatment and up to 7 days by decision of the medical commission.

In this case, a sick leave certificate is issued for the entire period of illness. The indicated periods only indicate the days of paid sick leave.

Will the grandmother be paid for sick leave due to her child’s illness?

a child under the age of 7 years: for outpatient treatment or the joint stay of one of the family members (guardian, trustee, other relative) with the child in a stationary medical institution - issued for the entire period of an acute illness or exacerbation of a chronic disease. In this case, the person caring for the patient is paid for no more than 60 calendar days of such sick leave per year for all cases of caring for such a child.

children under 15 years of age who are infected with HIV or have malignant neoplasms - for the entire period of outpatient treatment or joint stay with the child in an inpatient treatment facility. In this case, the entire period of care is paid for, without restrictions.

May 21, 2020 consurist 1866

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Registration and necessary documents

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

To obtain a sick leave certificate, your grandmother will need a passport (or other identification document) and an insurance policy. There is no need to confirm the relationship between the grandmother and the child.

A special form contains the child’s details, his return and other necessary information in coded form. So, in the column indicating the cause of incapacity, code “09” is written (since sick leave is opened due to the need for parental leave). The code for the type of relationship for grandmother is “42”. The child's full age or number of months is entered in the care field. If there are several children, then both are registered on sick leave . The lines “Benefit amount” and “At the expense of the employer” are not filled in, since this amount is compensated by the Social Insurance Fund.

To assign temporary disability benefits, the Social Insurance Fund must provide the employer with a certificate of incapacity for work, which was drawn up and issued in accordance with the procedure established by law. No more additional documents will be required from the grandmother.

If the employer requests additional documents, for example, confirmation of the fact that the grandmother lives together with the child, then his actions are illegal.

Does a grandmother have the right to take sick leave to care for her grandson?

When a small child is sick, it is always accompanied by fears and worries of the parents.

And not only because mom and dad are worried about how the baby is feeling, how quickly he will recover, whether there will be complications, but also because of what to say to the manager at work, because most employers do not welcome it when the mother goes on sick leave for child care.

In this case, many parents think that their grandmother can help them.

Can a grandmother take sick leave to care for her grandson in 2020 if the mother is at work, on a business trip, or is on sick leave herself?

How is it paid?

The payment amount depends on several indicators:

• grandmother's insurance experience;
• the amount of earnings for two years;
• age of the minor, place of treatment: at home or in hospital.

According to clause 3 of Art. 7 Federal Law - 255 benefits are calculated:

• When treating at home, they will pay for the first 10 days as a percentage of the length of service. Subsequent days are charged at 50%.
• When treated in a hospital, the grandmother will be paid a benefit as a percentage of the length of service for all days of the child’s illness.

How many days are paid?

The benefit is paid in the manner established by Federal Law - 255. First, the accountant determines the average daily earnings for 2 years. Then it multiplies it by the percentage prescribed by law and by the number of days of the certificate of incapacity for work.

Step-by-step procedure for calculating child benefit.

An example of calculating benefits for a sick grandchild

Initial data:

Kozlova V.P. presented a sick leave certificate for caring for her 5-year-old grandson at home for 12 days.

The employee’s experience is 10 years, her income for 2 years was 415 thousand rubles.

Calculation:

• First, average earnings are calculated = 415,000/730 = 568.49.
• The payment amount for the first 10 days is determined = 568.49 * 10 * 100% = 5684.90.
• The allowance for 2 days is calculated at the rate of 50% = 568.49 * 2 * 50% = 568.49.
• Total accrued according to the certificate of incapacity for work = 5684.90 + 568.49 = 6253.39 rubles.

What documents are needed for registration?

When applying for sick leave, the grandmother presents the doctor with her passport and insurance policy. The doctor issues a certificate of incapacity for work and indicates in it with a special code that the document was not issued to the parent.

At the place of work, in order to receive benefits, the baby’s grandmother must provide only a closed certificate of incapacity for work.

The employer has no right to require any information confirming relationship.

In what case can a grandmother be given sick leave to care for a child?

Any family member, including grandmother, can receive a certificate of incapacity for work, provided that she is officially employed and deductions are made from her earnings to the Social Insurance Fund.

The main condition under which sick leave can be issued is actual child care. That is, if a grandmother takes out sick leave for herself, but continues to work, then this is unacceptable.

If she goes to work, the company’s accounting department will refuse to pay her sick leave. She will receive money for the time actually worked.

For how long can a grandmother be given “children’s” sick leave?

The period for issuing a certificate of incapacity for work for a grandmother to care for her grandson depends on the age of the child, as well as the type and severity of the disease:

• up to 7 years – sick leave is given for the entire period of illness;
• from 7 to 14 years – up to 15 days.

This is important to know: Is sick leave paid under an employment contract?

A certificate of incapacity for work can be issued for a full period, but sick leave will only be paid for the period that is permitted by law.

Is sick leave paid for a retired grandmother?

quoted1 > > A sick child should stay at home and receive treatment. But minors cannot be at home alone; they must be treated by an adult.

The law provides for the opportunity for parents to take sick leave, but some prefer to send grandmothers to stay at home with their daughter or son.

What is required by law? The legislation of the Russian Federation allows the mother, father, guardians or other relatives of the baby to leave work to care for a sick baby. Order of the Ministry of Health and Social Development of the Russian Federation N 624n “On approval of the Procedure for issuing certificates of incapacity for work,” paragraph 34 informs that documents on temporary incapacity for work can be obtained by any person who has family ties with the baby and plans to care for him.

To receive a sheet, you need to work and receive a white salary.

It will not be possible to issue a sick leave certificate for child care for a grandmother who is retired and not working. For how long can a grandmother be given “children’s” sick leave? The period for issuing a certificate of incapacity for work for a grandmother to care for her grandson depends on the age of the child, as well as the type and severity of the disease:

1. from 7 to 14 years – up to 15 days.
2. up to 7 years – sick leave is given for the entire period of illness;

A certificate of incapacity for work can be issued for a full period, but sick leave will only be paid for the period that is permitted by law.

How is sick leave paid for child care in 2020? The procedure for accruing sick leave to a grandmother caring for a sick grandson is regulated by Law No. 255 of 03/07/2018.

Another condition is that the woman must take care of the baby constantly, but she is not allowed to work at the same time.

Rules for issuing sick leave A certificate of incapacity for work is issued in the following organizations:

1. the inpatient department where the child was lying;
2. a clinic where a minor receives treatment, most often at his place of residence;
3. a private clinic with permission to carry out medical activities and issue documents.

How is sick leave paid for child care in 2020?

The procedure for accruing sick leave to a grandmother caring for a sick grandson is regulated by Law No. 255 of 03/07/2018.

So, according to him, the amount of sick leave for a grandmother depends on her length of work:

• For outpatient (home) care for a child under 14 years of age, the benefit amount is calculated as follows: for work experience of 8 years or more - 100% for the first 10 days, and 50% for subsequent days;
• from 5 to 8 years – for the first 10 days – 80%, for the next – 50%;
• up to 5 years - for the first 10 days - 60%, for subsequent days of sick leave - 50%.

Sick leave for a child is issued until the age of 14 (or up to 18 if the child is disabled).

Many people are concerned about the question: “Are grandmothers given sick leave to care for their grandson and do they need to confirm the fact of relationship?”

Yes, according to the laws of the Russian Federation, any family member can take sick leave for a child, while the attending physician is not obliged to require official confirmation of the relationship . True, he may still require a passport.

Payment of sick leave for grandmother and grandchildren.

In addition to mom and dad, a grandmother can go on sick leave with her grandson , if this is the most appropriate solution.

Legislative acts provide that disability benefits are assigned to all relatives on a general basis.

Payment depends on factors such as:

• the employee’s earnings for the last 2 years;
• insurance experience;
• way of caring for the patient (in a hospital or at home).

If the child and grandmother are in the hospital, then the sick leave certificate will be paid for all days as follows:

• with experience from 0.5 to 5 years - 60% of earnings;
• with experience from 5 to 8 years – 80%;
• over 8 years – 100%.

When treating at home, the first 10 days are calculated in a similar way. If the child is sick longer, then the entire subsequent period will be paid only in the amount of 50% of average earnings.

When caring for a preschooler under 7 years of age, regardless of the type of treatment, the benefit is paid in full, depending on the woman’s insurance coverage.

A grandmother, like a mother, may be denied a sick leave certificate and its payment in the following situations:

• a child over 14 years of age needs only outpatient treatment;
• with a chronic illness of a minor in remission.

If a child is assigned disability status, he can be cared for on an outpatient basis until he is 18 years old with the right to issue a certificate of incapacity for work and pay for it.

The regulatory legal act of the Ministry of Health and Social Development No. 84 dated February 20, 2008 approved a list of diseases for which the number of days of full accrual of benefits can be extended.

It includes diseases such as tuberculosis, oncology, injuries, etc.

Children in the hospital with their parents: up to what age according to the law.

Rules for obtaining sick leave for a grandmother caring for her grandson

The local pediatrician issues sick leave only to the relative who sits with the child and visits the clinic on the appointed day of examination.

Therefore, if the grandmother takes sick leave, then she must take on all the responsibilities for treating the child: sit with him at home, treat him as prescribed by the doctor, go with the child to the doctor or see him at home.

If the grandmother decides to go on sick leave to care for her child, then she must come with him to the clinic for an appointment with the doctor. On the same day, the doctor gives her a sick leave certificate.

If the child is sick, but the grandmother did not visit the clinic with him on the same day, but came the next, then the sick leave will be opened upon arrival at the medical institution.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A sick leave certificate is issued by the attending physician of a clinic, private clinic or hospital . At the same time, if the child is in the hospital, then the grandmother should also be with him.

If a child is being treated at a day hospital, then the grandmother must come there with him every day for the entire period of treatment.

A sick leave can be issued by any doctor (pediatrician, surgeon, dermatologist, etc.) depending on what disease the patient presented with.

The grandmother is given a sick leave certificate upon her first visit to the doctor . At subsequent appointments, she will need to constantly take with her a document to extend or close the sick leave.

FAQ

Can a grandmother take sick leave to care for a child if the mother is on vacation?

No, sick leave is not issued if there is a non-working family member at home. If the mother is on vacation, then the grandmother cannot take sick leave, since there is actually someone to care for the sick child.

Does a grandmother have the right to sit with a sick child (officially) if the mother herself is sick?

If the child’s mother herself is on sick leave and it doesn’t matter whether she is being treated at home or in the hospital, then the grandmother can also sit with the child

. In this case, she must open a certificate of incapacity for child care.

It should be issued by the attending physician (pediatrician, family doctor or other specialist) based on the mother’s words. Sick leave at the grandmother's place of work is paid at 100% (the first 10 days).

In the same way, a grandmother can take sick leave if the child’s mother is in the hospital, but she is actually on maternity leave. In this case, there is no one to care for the child (the father works), so the grandmother must be given sick leave at her request.

Will a grandmother be given sick leave if she lives separately from her grandson?

According to the order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, sick leave for caring for a sick child is issued in a medical institution to one of the family members, including the grandmother.

The order does not stipulate that she must live with her grandson.

If the grandmother does not live with the child, then in order to receive sick leave she will need to obtain permission from the chief physician of the children's clinic.

Will my grandmother be given sick leave to care for her child, and will she be paid for it if she lives in another city?

The issue of issuing a certificate of incapacity for work to a grandmother who lives in another city is decided in a medical institution.

This is important to know: Is it possible to restore sick leave?

The doctor independently decides which family member to issue sick leave, taking into account the situation in the family, as well as the interests of the child.

A doctor can issue a sick leave to a grandmother who lives in another city for one reason - if the child’s mother is sick and cannot care for her sick daughter (son).

The employer is obliged to make calculations for sick leave based on the grandmother’s submission of sick leave to the company’s accounting department. She does not need to provide any documents other than sick leave.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Some employers require employees who plan to go on sick leave to care for their grandchildren to confirm that they live together with the sick child.

Keep in mind that such demands from the employer are illegal; the laws do not stipulate anywhere that the grandmother must live with her grandson in order to be given sick leave.

When a mother or father’s career has just taken off, but it is overshadowed by the frequent illnesses of children, then instead of giving up work, a grandmother can help the young family. Often it’s easier for her to take sick leave on herself.

At the same time, by law, a working grandmother must be paid for sick leave to care for a child if she provides the accounting department with a completed temporary disability sheet.

Of course, she will be obliged to visit the clinic (hospital) with the child and always be with him for the entire period of his illness.

Design rules

Steps to obtain a certificate of incapacity for caring for a patient:

1. We write an application addressed to the employer about the desire to receive sick leave. Next, we wait for the employer’s response. If he approves and signs the application, you can move on to the next stage. If the employer refuses, then there is only one option left - to go on vacation at your own expense.

2. 
   After waiting for the employer’s consent, we go to a medical institution and receive a referral for treatment. This can be either inpatient or outpatient (at home).

3. Having received the referral, we issue a sick leave certificate based on it. To do this, the passports of the applicant and the patient will be required to prove the relationship. The form filled out by the doctor is the only one required for payment of benefits. It contains all the important information, so no other documents are needed.
4. The doctor will ask questions as you fill out the form. It is necessary to provide reliable information, in particular about work experience.
5. We receive the completed sheet and take it to work in the accounting department. It must be kept there so that after the end of the sick leave you can receive benefits.

Reference! Most often, doctors are satisfied with verbal assurance of the relationship between the applicant and the patient. But sometimes you come across principled doctors, so it’s worth taking your passports or other supporting document with you.

Next, in the photo you can see what a sick leave sheet for caring for a relative looks like.

Normative base

Receiving a newsletter and benefits related to a child’s illness is strictly regulated by the requirements of the law, namely:

Guided by Order of the Ministry of Health and Social Development of the Russian Federation N 624n “On approval of the Procedure for issuing certificates of incapacity for work”, paragraph 34, a document confirming the fact of incapacity for work in connection with caring for a sick baby is, as a rule, received by the closest relative from the family of the sick person. But definitely the one who plans to care for the sick.

A certificate of incapacity for work is issued to any of the closest relatives (taking into account the requirement that this person actually supervises the sick person). The main condition for issuing this document, in addition to the requirement to have a source of official wages, is the official payment of all necessary contributions from earnings - especially to social funds (meaning the Social Insurance Fund).

Accordingly, if there is a need for a grandmother to take care of her grandson on a child’s sick leave, then the law determines that she must be officially employed, i.e. with registration of labor relations.

For students, retired citizens, students, and other categories of non-workers, issuing a sick leave certificate is illegal.

One of the main factors for receiving a ballot is that such a grandmother (like any relative in this situation) is required to actually care for the baby, and not continue to perform her work duties.

Clause 36 of Order of the Ministry of Health and Social Development No. 624n. allows several people to be included on the certificate of incapacity for child care - but with mandatory observance of the required deadlines provided for in paragraphs 11, 12, 13 and 35.

Deadlines for issuing sick leave to grandmother

In accordance with the law, the length of time for issuing a sick leave certificate to a grandmother can be influenced by several factors:

1. age of the sick child;
2. a specific case of disease and its severity.

Age of the child and period of sick leave that can be paid:

• Up to 7 years - a bulletin is issued for the entire period of illness. For one year, the period cannot be higher than: 90 days - in case of treatment of diseases included in the list of order No. 84n dated February 20, 2008.
• 60 days - in general.

In this case, a sick leave certificate is issued for the entire period of illness, but only the period allowed by law will be paid.

Deadlines for issuing medical documents

Sick leave for caring for a sick family member. Issued by the doctor treating the patient if the lack of care threatens to complicate the patient’s health and it is impossible to hospitalize him, and there is no one in the family who could care for the patient (a domestic worker is not considered a family member). In such cases, sick leave is issued for a period of no more than 3 days.

A certificate of incapacity for caring for a sick family member is issued in accordance with paragraphs 11, 12, 13 and 35 of this Procedure.

It says that in the case of caring for a sick child aged 7 to 15 years, temporary disability benefits are paid for a period of up to 15 calendar days for each case of outpatient treatment.

If necessary, a certificate of incapacity for caring for a sick child can be issued alternately to different family members within the time limits established by paragraphs 11, 12, 13 and 35 of this Procedure.

For inpatient treatment, the benefit is determined as a percentage of average earnings only depending on the employee’s insurance coverage; there is no limit to 50%. In this case, all days of incapacity for work are paid, but subject to a general limit of 60 (90) days for one year.

The legislation of the Russian Federation allows the mother, father, guardians or other relatives of the baby to leave work to care for a sick baby.