Are parents entitled to sick leave if their children have holidays due to quarantine? | All about coronavirus

The quarantine procedure is mandatory for all those persons who came to our state from other countries, even if they have not recorded an epidemiological situation due to the spread of COVID-19. How is quarantine ensured, in terms of registration and payment of sick leave?

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Mechanisms for sending employees to quarantine

On March 18, 2020, Decree of the Chief State Doctor No. 7 appeared, according to which persons who come from other states, even if they have not recorded cases of coronavirus, are required to undergo mandatory quarantine in order to exclude the possible spread of this viral disease.

In accordance with the rules currently in force, the employer has the right to use one of the following options for isolating those employees who have traveled abroad:

standard mechanism . When using it, the employee is issued a sick leave certificate indicating that he is in quarantine (code 03). In this case, the employer must be notified that a quarantine sick leave has been issued. If the sick leave is electronic, then it is enough to provide its number to the human resources department so that its employees can check the sick leave through the Social Insurance Fund. If the information is confirmed, the employee will be paid for this sick leave;
mechanism using forced downtime . It is used in companies that have suspended their work based on orders from the leaders of the federal subject in which they are located. This mechanism can only be used if the employee is not on quarantine sick leave due to returning from other countries. In this case, payment for such downtime will be made at the rate of 2/3 of the employee’s existing salary or rate;
remote (remote work) – the use of this mechanism can be carried out if the entire organization is closed for quarantine, but, from a technical point of view, it is possible to do without a complete temporary cessation of the organization’s functioning. Payment in this case will be made in the same way as in the case of office work. Registration of remote work occurs in the form of an additional agreement to the main employment contract.

If the employer has the opportunity to otherwise organize the work of his employees under quarantine conditions, he has the right to implement it, but in such a way that this does not entail a violation of the current rules of law.

How to apply for sick leave during quarantine in kindergarten

For registration of sick leave, medical the institution that serves the kindergarten must issue the parent a certificate from an epidemiologist. With this certificate you need to go to the clinic where the child is assigned. Based on the certificate of closure of the kindergarten for quarantine, the doctor supervising the child will issue a sick leave with code “03” for the parent who will be caring for the child.

Given the closure of kindergartens due to the coronavirus pandemic, the current procedure may be changed . Where kindergartens are closed en masse, by order of local authorities and regional laws, it may be possible to skip the stage of obtaining an individual certificate from an epidemiologist. However, we recommend that you check this with your clinic where you apply for sick leave.

IMPORTANT!

The kindergarten may be closed for quarantine, or it may be closed “due to the unfavorable epidemiological situation” regarding coronavirus. In the second case, if there is no official closure for quarantine, you will not be able ! In such cases, Rospotrebnadzor recommends contacting emergency kindergartens where there are groups for children of working parents.

Procedure for paying sick leave

On March 18, 2020, Decree of the Government of the Russian Federation No. 294 was issued, according to which the rules for paying sick leave for those persons who are in quarantine due to coronavirus are changed. This Resolution came into force on March 20, 2020 and will continue to be in force (tentatively) until July 1, 2020. However, M. Mishustin allowed the possibility of extending the validity of this Resolution.

In accordance with Appendix No. 1 to Decree of the Government of the Russian Federation No. 294, if a person comes from another country, he is obliged to issue himself a sick leave. It will be paid from the Social Insurance Fund.

The payment itself will be made as follows:

the first seven days of quarantine must be paid within one working day from the moment the sick leave was recorded in the electronic systems of the Social Insurance Fund. That is, as soon as the sick leave was received by the employer, he must process it and send it to the Social Insurance Fund through the available communication channels;
the second half of such sick leave (provided that the disease is not confirmed) must be paid within one working day from the moment such sick leave expires.

If the disease is confirmed, sick leave will be paid on the basis of the standard rules that apply to the payment of sick leave.

How is sick leave paid during quarantine?

Sick leave for quarantine

Update: April 14, 2020

The procedure for paying for sick leave issued during quarantine due to coronavirus depends on the basis for its issuance.

Sick leave for quarantine

For those workers returning from abroad, as of March 20, 2020, it became possible to take sick leave for quarantine. It is issued so that a person can remain in self-isolation for 2 weeks after arriving from countries where cases of coronavirus infection have been reported. In addition, such sick leave is issued to persons living together with people who arrived from unfavorable countries (clause 2 of the Temporary Rules for issuing certificates of incapacity for work, the appointment and payment of temporary disability benefits in the event of quarantine, approved by Government Resolution No. 294 of March 18, 2020).

The employee remotely receives electronic sick leave due to quarantine for 14 calendar days. You can receive a certificate of incapacity for work by sending an application through gosuslugi.ru, provided that the person has been identified in this system. Or you can send an application through the personal account of another person, for example an accountant of your organization. You can also obtain sick leave through a medical organization.

Such sick leave is paid in full by the Social Insurance Fund, that is, the employer does not transfer money for sick leave. And it doesn’t matter in which region the employer is located (clauses 3, 6, 10 of the Temporary Rules, approved by Government Resolution No. 294 of March 18, 2020). The only obligation of the employer in this situation is, within 2 working days from the date of receipt of the request from the Social Insurance Fund or after receiving the electronic sick leave number from the employee, to send to the Social Insurance Fund the documents necessary for the assignment of benefits (information on average earnings, employee experience) (clause 14 of the Temporary rules, approved by Government Decree No. 294 dated March 18, 2020).

Payments for sick leave are made as follows (clause 15 of the Temporary Rules, approved by Government Decree No. 294 of March 18, 2020):

for the first 7 days of incapacity, benefits are transferred within 1 working day from the date the Social Insurance Fund receives documents from the employer, but no later than the end of the 7th calendar day of incapacity;

for subsequent calendar days of incapacity for work - within 1 calendar day from the date of termination of incapacity for work.

The benefit is calculated in the general manner - depending on average earnings, the employee’s length of service and taking into account limits.

Sick leave during quarantine for workers over 65 years of age

If an employee is 65 years of age or older as of April 6, 2020, then he can take quarantine sick leave for the period from April 6 to April 19. Such sick leave is issued to a person so that he can be in self-isolation during the period from April 6 to April 19. Sick leave is paid entirely from the Social Insurance Fund, and the employer, again, will not have to pay anything. His task is to send to his FSS department a list of workers of the specified age who are observing the self-isolation regime, and a register of information necessary for the assignment of benefits (Government Decree No. 402 dated April 1, 2020). In such quarantine sick leave the code “03” will be indicated, that is, quarantine.

Other sick leave during quarantine

If an employee gets sick (no matter what), takes sick leave and then brings it to the employer for payment, then the benefit is generally paid to him by the employer (or the Social Insurance Fund, if the employer is located in the pilot region). Also, the general procedure applies to sick leave issued in connection with quarantine, for example, declared in a kindergarten, with the exception of the cases of quarantine specified above.

The procedure is as follows (Article 3 of Law No. 255-FZ dated December 29, 2006):

if the sick leave code is “01” (that is, a disease, including coronavirus), then the first 3 days are paid at the expense of the employer, the remaining days at the expense of the Social Insurance Fund;

if the sick leave code is “03” (that is, quarantine), all days of sick leave are paid for by the Social Insurance Fund.

The normal payment period for benefits is the nearest payday after the benefits are assigned. And the benefit must be assigned within 10 calendar days after receiving sick leave from the employee.

At the same time, there is a certain feature of payment for sick leave issued during the period from 04/01/2020 to 12/31/2020. Such benefits cannot be less than the federal minimum wage (RUB 12,130) for a full calendar month (Article 1 of Law No. 104-FZ dated April 1, 2020). That is, if, for example, there are 30 days in a month, then the daily allowance cannot be less than 404.33 rubles. (RUB 12,130 / 30). If an employee works part-time, the minimum benefit is calculated in proportion to the length of his working time. If a regional coefficient has been established in the region, then the minimum wage must be increased taking into account the coefficient.

List of persons who are sent for quarantine

In accordance with recently adopted regulations regarding restricting the movement of various categories of residents of our country, the following people should be subject to quarantine requirements:

all those who arrived from other countries, even if no cases of coronavirus outbreaks have been recorded in these countries;
people who have been in direct contact with people infected with coronavirus, if they are not under observation in medical institutions;
persons who were in direct contact with those arriving from other countries;
from March 26 to April 14, 2020, quarantine rules for coronavirus infection on the basis of the Decree of Moscow Mayor S. Sobyanin include all persons over sixty-five years of age, as well as those with diagnosed and confirmed chronic diseases (for example, bronchial asthma, diabetes mellitus and others that complicate the general health of such a person).

Symptoms of COVID-19. Source: Ministry of Health of the Russian Federation

Sick leave during quarantine for a child in kindergarten or school

But the parents of those children who attend kindergartens and schools, if such institutions were closed due to the announced quarantine for coronavirus infection, go on sick leave in the following order:

if quarantine is declared in a kindergarten, then the sick leave will be issued for the period for which the quarantine is declared (in the case of coronavirus, quarantine is introduced on the basis of a special order of the regional leadership, which determines the validity period of this sick leave);
If a school is subject to quarantine (and the child has reached the age of seven), then sick leave will not be issued, since after the child reaches the age of seven, quarantine sick leave is not issued.

If we talk about payment, then in relation to parents who have issued certificates of incapacity for work due to quarantine in a child’s kindergarten, payment will be made based on the standard rules that apply to sick leave from the Social Insurance Fund:

if the parent has a total insurance period of less than five years, then he will be paid an amount of 60% of his average earnings for the last two years;
if the length of service is in the range from five to eight years, then 80% of the average earnings for the last two years are subject to payment;
if the employee has more than eight years of experience, he will be paid 100% of the average earnings for the last two years;
if the employee worked for less than six months, then sick pay will be calculated not on average earnings, but on the minimum wage.

Is sick leave paid for quarantine with a child?

There is a special procedure for providing funds to those people who have issued a certificate of temporary incapacity for work during the quarantine period due to illness. Those persons who become ill with coronavirus are entitled to a special treatment algorithm, removal from work and appropriate provision of funds, sick leave is issued with the code “03 - quarantine”. A sick leave issued due to quarantine in a kindergarten attended by an employee’s child, although it has similar issues with the previous case, is issued and paid in accordance with standard rules as sick leave for child care.

In particular, sick leave for quarantine in a kindergarten is issued only if the child is less than 7 years old and the kindergarten where the child goes is under quarantine in accordance with Federal Law No. 255 of December 29, 2006. However, the employer may offer special conditions for paying sick leave if it considers such a measure appropriate.

Since the calculation of the amount of sick leave benefits for a person caring for a young child during the quarantine period does not differ from the standard procedure, the calculation takes into account the average income of the person for the previous two years of work. The accountant calculates the benefit, taking into account a special coefficient commensurate with the person’s length of service. In particular, such increasing coefficients are:

60% if the employee has less than 5 years of experience;
80% if the person’s work experience is from 5 to 8 years;
100% when the employee has been working for more than 8 years in total.

Thus, the subject’s average earnings are indexed by the indicated percentage, and then multiplied by the number of days of quarantine. Under the conditions under consideration, this is a maximum of 14 days.

Registration of sick leave via the Internet

In order to minimize the number of contacts of people who either have coronavirus infection or may be potential carriers of it, today there are several ways, each of which does not involve a visit to the clinic and communication with a large number of people around.

The first of these methods is to access the official website of the Social Insurance Fund through your personal account. Here you can submit an application for sick leave for quarantine. You can log into your personal account through an account on the State Services website.

In order for the sick leave certificate to be issued as soon as possible, it is necessary to fill out the application correctly.

Moreover, if there is such a need, with the consent of another person, through your account, you can issue a sick leave certificate for such another person (for example, if we are talking about a person who, due to certain circumstances, cannot independently issue a certificate of incapacity for work).

If the application and the necessary attachments to it are completed correctly, the Social Insurance Fund will process it automatically and generate an electronic sick leave, the number of which will need to be transferred to the employer for further preparation of its payment.

If the employer does not work with electronic sick leave, then a certificate of incapacity for work will be brought home by a courier, who will need to present a Russian passport as an identification document, as well as evidence that the person is in mandatory quarantine (from among those provided to the Social Insurance Fund for registration of such sick leave).

Sick leave through the clinic

If for some reason it is not possible to use the Social Insurance Fund service for processing sick leave, you must contact the clinic at your place of residence. In order for a sick leave to be issued, a doctor will need to be called to your home . When visiting a therapist, you will need to provide documents confirming your stay in quarantine, including because you live with a person who is subject to quarantine measures due to suspicion or illness of COVID-19.

The therapist will issue a certificate of incapacity for work in the traditional form, which will be transferred to the Social Insurance Fund (its number should be provided to your employer).

What to do if the kindergarten is closed

To receive sick leave due to quarantine in a kindergarten, an employee must do the following.
Firstly, in the children's clinic that serves the kindergarten, you will have to get a certificate from an epidemiologist. In some cases, a certificate confirming quarantine can be obtained from SES epidemiologists. Having previously submitted a certificate of quarantine at school or kindergarten.

Secondly, based on the certificate received, you need to apply for a quarantine sick leave from a pediatrician in a children's clinic. If the clinic refuses to issue sick leave, the employee can contact the health department to which the children's clinic is subordinate, or the territorial body of Roszdravnadzor.

Issuance of sick leave during quarantine

Registration via hotline

If it is not possible to use the services of a clinic, then you can resort to another method of obtaining sick leave - by calling the Social Insurance Fund hotline in your region.

For Moscow the hotline number is –, for St. Petersburg –. For other regions, you can find out the hotline number on the official website of the Social Insurance Fund (on the main page in the section dedicated to hotlines for quarantine issues).

When calling, operators will need to inform when and from what country the person arrived, as well as for what purpose he needs this sick leave (since the registration codes will be different).

The courier will deliver the document and ask you to provide documentary evidence of the need to issue a certificate of incapacity for work.

Application for sick leave and annex to it

Both the sick leave, which is issued through the official website, and the one that will be generated by a doctor from the clinic, and the one that can be ordered on the website, can be issued only after the person who needs it fills out an application for issue and provides evidence of such necessary.

The application, despite the existence of electronic (on the FSS website) and paper (in other cases) forms, looks the same and contains the following information:

information about the territorial division of the Social Insurance Fund where the application is made;
information about the residential address of the person who needs sick leave;
compulsory medical insurance policy number;
assigned TIN;
the date from which release from work should occur;
information about the document that identifies the applicant;
number and date of issue of the international passport;
an indication of the country from which the person returned;
the date of crossing the border of the Russian Federation and the method that was used for this;
flight or train number;
the method in accordance with which funds should be transferred to the person (MIR payment system card number, bank account number with BIC and bank name, or postal transfer to the specified address).

The following must be attached as attachments:

a scanned copy of the title page (with photo) of the international passport and the page where there is a border crossing mark;
a scanned copy of the ticket or an electronic ticket, which confirms the fact of leaving the Russian Federation and returning to its territory;
if sick leave is issued on the basis of living with a person in quarantine, it is necessary to provide documents about such joint residence.

How to prevent COVID-19. Source: Ministry of Health of the Russian Federation

Contact your employer

As soon as the sick leave has been received, it is necessary to contact the employer in one of the available ways in order to inform him of information about the issued certificate of incapacity for work and indicate the reason for issuing such a certificate.

If the employer asks, and the employee has the opportunity to send an electronic scanned copy of his sick leave, it is necessary to do this as soon as possible due to the fact that the sooner the sick leave is received by the employer and processed for transfer to the Social Insurance Fund, the Payment for the first half of such sick leave will be made faster.

Who can apply for a certificate of incapacity for work?

A certificate of incapacity for work is issued by a pediatrician at the district clinic at the place of registration or place of residence of the child.

Based on Part 6 of Article 6 of Federal Law No. 255-FZ of December 29, 2006, it follows that sick leave for the duration of quarantine can be taken by:

legal representatives, i.e. father, mother, guardians;
other relatives.

A prerequisite is that these persons must be employed and registered with the Social Insurance Fund.

It is important that if a sick leave is issued by a relative other than the parents, the medical institution does not have the right to take into account the degree of relationship and the fact of joint or separate residence with the child. The main thing is that he is the one who supervises the child while he is away from the kindergarten, and he is the one who opens and closes the sick leave.

It is also important that sick leave can be opened initially by one person, and then another person will provide care. For example, first mom, then dad. In this case, two sick leaves will be issued, one for the mother, the other for the father. The second will be a continuation and will contain the data of the first sheet.

Women who are on maternity leave with a child under 3 years old and work part-time can also take sick leave due to the introduction of quarantine.

Dismissal due to quarantine: is it legal?

Some unscrupulous employers want to take advantage of the fact that a person is on quarantine sick leave and fire such an employee.

In this case, the actions of such an employer will be considered illegal and may be challenged in court. This is because people quarantined due to coronavirus are subject to the same rules regarding sick leave as other people who have sick leave for other reasons. In particular, Article 81 of the Labor Code states that an employee cannot be dismissed during his sick leave at the initiative of the employer.

Since staying in quarantine due to a coronavirus infection is regarded as a temporary disability, dismissal at the initiative of an employee today will be considered an illegal action.

FAQ

1. I wanted to apply for sick leave to care for my child, since the kindergarten is closed due to self-isolation, but the doctor told me that we don’t have quarantine and he doesn’t know anything, who’s right? Is there quarantine or not? Can I take sick leave?

Unscheduled paid days off have been announced from March 28 to April 30. Unfortunately, until the state declares a special regime and introduces quarantine in the country. Citizens cannot receive paid sick leave due to quarantine due to the 2019-nCoV coronavirus.

2. Is it possible to issue sick leave for quarantine and caring for a child under 7 years old?

This can be done only after the state declares a quarantine throughout the country; currently it has only announced weekends for self-isolation.

Is it possible to avoid quarantine?

In accordance with the orders of the World Health Organization, as well as the highest governing bodies of the Russian Federation, quarantine cannot be avoided by any of those persons who are obliged to comply with it due to their classification into one of the categories of persons that I indicated at the beginning of the article.

If a person has flown in from another country and concealed the fact of his stay in that country, he may be subjected to forced isolation in special centers or medical institutions operating in the region of his residence, and for the very fact of concealing such information, a fine may be imposed on the person. punishment up to criminal liability in the form of imprisonment for a term of up to five years.