During inpatient treatment of a child under 14 years of age (disabled child under 18 years of age), sick leave is issued and benefits are assigned to:
— for the entire period of stay with a child under 5 years of age in a healthcare organization;
- for the entire period of stay with a child aged 5 to 14 years (a disabled child under the age of 18) in a healthcare organization, during which he needed additional care.
The benefit in this case is assigned from the first day of incapacity for work.
Can grandparents take sick leave to care for a child?
If mom or dad work full time, but for personal reasons do not want to take sick leave, a certificate of incapacity for caring for a sick child aged 3 to 14 years can be issued to any person who cares for this child. That is, it could be a grandmother, grandfather or any other relative.
Photo source: pexels.com But if the mother is on maternity leave, other family members will not be given sick leave to care for the child. A relative can receive a certificate of temporary disability with release from work, but the employee is not entitled to payment for these days.
Sick leave for child care: who can get it and how?
Content
Tell me, if you had the opportunity to take sick leave to care for a child, would you really not take advantage of it? This is such a good way to get money without working. Unfortunately, often loving mothers who often go on sick leave risk being left without work, and therefore the question arises of who can care for the child during his illness.
We issue sick leave for child care
Now the law allows any relative caring for a child to receive sick leave, that is, in addition to the mother, it can be a father, a grandmother, and even an aunt, and even a great-niece. And it doesn’t matter how many relatives there are in the family, if the grandfather decided that he will treat the child, then so it will be. The man said it, the man did it!
To do this, it is not necessary to live together with a sick child and confirm the degree of relationship. What you cannot do without when receiving a sick leave certificate is a passport, and everything else is reflected in the certificate of incapacity for work according to the adult.
The only limitation is that this adult must be a working citizen (under an employment contract or individual entrepreneur) who makes contributions to the social insurance fund. Therefore, no one will pay sick leave for a retired grandmother or a student aunt; they simply will not issue it.
A sick leave for child care is issued if the child:
- under 7 years of age and he has an acute illness or an exacerbation of a chronic disease, he needs outpatient or inpatient treatment with a relative staying together, or he has been placed under quarantine - for the entire period;
- from 7 to 15 years in each case of the disease and he needs outpatient or inpatient treatment with the joint stay of a relative - for a maximum of 15 days;
- under 15 years of age and he is infected with the human immunodeficiency virus, or suffers from severe blood diseases, burns, malignant neoplasms, he needs inpatient treatment with a relative staying together - for the entire period;
- under 15 years of age and he has an illness associated with a post-vaccination complication, he needs outpatient or inpatient treatment with a relative staying together - for the entire period;
- under 15 years of age, he is disabled and has an acute illness or exacerbation of a chronic disease, he
outpatient or inpatient treatment with a relative staying together is required - for the entire period;
- over 15 years of age in each case of the disease and he needs outpatient treatment - for a maximum of 3 days, the medical commission can increase this period to 7 days;
- under 18 years of age and has a disease caused by radiation exposure of parents - for the entire period of the disease;
- under 18 years of age and he was evacuated and resettled from the exclusion zones, resettled, lives with the right to resettle, even if at the time of evacuation he was in the womb; lives in a resettlement zone or a residence zone with the right to resettle; is the first or subsequent generation of citizens who were born after radiation exposure of one of the parents - for the entire period of illness.
Moreover, now the sick leave must indicate that you are caring for a child, which will determine how many sick days a year you will be paid:
— for ordinary illnesses, if the child is under 7 years old, you will be paid for 60 calendar days;
— if the child is from 7 to 15 years old, they will pay for 45 calendar days;
– over 15 years – 30 calendar days;
- if the child is disabled under 15 years old - 120 days.
Everything above is at your own expense. If a child under 15 years of age is infected with HIV, has a malignant neoplasm, post-vaccination complications, or his illness is associated with radiation exposure of his parents, the entire period of the illness is paid.
Inpatient treatment is paid in full depending on length of service and salary, outpatient treatment is paid similarly only for the first 10 days of illness, then - at 50% of the amount.
Sick leave for child care is NOT issued:
— during inpatient treatment of a child over 15 years old;
- in case of chronic disease during the remission period;
- during periods when the relative caring for the child, most often the mother, does not need to be released from work:
1) vacation at your own expense;
2) annual vacation;
3) maternity leave;
4) leave to care for a child until he reaches 3 years of age.
If these periods end and the child continues to be ill, sick leave is issued from the day the mother must go to work.
If two children get sick, then there is only one sick leave. If the second (third, etc.) child fell ill during the period when the first one had not yet recovered, then there is also one sick leave, but it is issued on the date when the first child began to get sick, and is closed when everyone has recovered. It contains the names and ages of all children. In the presence of certain circumstances (long-term illness), sick leave can be issued to different family members alternately.
Counter-situations.
But in life there are cases that go beyond reason, what to do then? Let's look at a few examples:
1)
The mother was taking her annual leave, during which the child fell ill. Everything is clear here, no one will give her sick leave. But suddenly she herself fell ill, and it turns out that, say, the father, who does not yet have a vacation in sight, began to look after the child.
Since the mother herself is on sick leave (for which reason she was issued a sick leave), her leave should be extended or postponed by the number of days of illness. Dad, in turn, receives sick leave for child care from the day the mother fell ill.
2)
Mom is on leave to care for her child and suddenly ends up in the hospital. The child is healthy at this time. Can another relative caring for the child during this period, say a grandmother, then apply for sick leave based on the mother’s certificate issued by the hospital? The situation is very common, but difficult to resolve.
To do this, instead of the sick mother, the grandmother must go on maternity leave. That is, the mother must write a statement to the employer about interrupting leave to care for the child. Any family member who can document their relationship with the mother or child can submit an application. The employer, in turn, must issue a certificate stating that child care leave has been interrupted and monthly benefits are not paid.
Thus, the mother will receive the right to receive temporary disability benefits, and the grandmother, based on the certificate, will be able to go on parental leave. After recovery, the mother can again resume her maternity leave.
Considering that it is quite difficult to carry out all these manipulations, and no one needs it, it turns out to be easier to take a vacation at your own expense or another vacation, and all relatives take turns.
3)
A mother on leave to care for her child ends up in the hospital, the child also gets sick. Can another family member stay on sick leave with the child?
Maybe only if the mother interrupts her maternity leave and takes regular sick leave. Then another relative will be able to receive children's sick leave. Nobody will pay you two benefits for one child.
4)
The mother is on leave to care for the child and at the same time works from home or part-time. Can she take sick leave if her child is sick?
Perhaps such sick leave will be paid even though child care benefits are paid. After all, mom works, which means she pays taxes and social security contributions.
5)
Let me remind you that if an employee falls ill within 30 days after dismissal, the employer is obliged to pay sick leave. If an employee’s child falls ill during this period after dismissal, then do not expect payment for sick leave to care for the child.
Well, and lastly. If you are denied a sick leave certificate to care for a child, you must
immediately contact the head of the department or the chief physician of the medical institution, and at the same time notify the insurance company. Check that the doctor has recorded all the information regarding the patient’s condition: complaints, symptoms, tests. You can appeal the refusal to issue sick leave to Roszdravnadzor, the Social Insurance Fund and the court.
Do you have anything to say on this issue? I'm waiting for you in the comments to the article. If the material was useful to you, share it on social networks using social buttons.
Health to you and your children, your lawyer.
PS
The material is based on the standards of the Order of the Ministry of Health of the Russian Federation dated June 29, 2011 No. 624n “On approval of the procedure for issuing sick leave certificates”, Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n “On approval of the procedure and conditions for the assignment and payment of state benefits to citizens with children” , Federal Law dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, Order of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008 No. 84n “On approval of the list of diseases for children aged 7 and over years, upon the occurrence of which the payment of temporary disability benefits for the period of caring for a child is carried out for no more than 90 calendar days per year for all cases of caring for this child om in connection with these diseases”, Resolution of the Constitutional Court No. 3-P dated 02/06/09 G.
If a child gets sick, and so does the mother. What should I do?
If a mother on maternity leave cannot care for the child, a certificate of incapacity for work can be issued to another relative who will care for the baby during the illness.
In this case, the certificate of incapacity for work issues:
— the mother’s attending physician if she is unable to care for the child due to illness, injury or childbirth;
- the child’s attending physician if the mother cannot care for him because she is with another child in a hospital, sanatorium-resort organization, medical or medical-social rehabilitation center.
A document is issued in the name of the person who, according to the mother, will care for the child under 3 years of age. The benefit for such sick leave is assigned for the entire period, except for days that fall during the period of the employee’s labor or social leave.
Concept of maternity leave
Maternity leave should be understood as a woman's paid leave for pregnancy and childbirth.
In an expanded sense, this term also applies to the rules for registering parental leave.
In turn, the designated vacation is legally and actually divided into 2 periods :
- Leave paid from insurance subsidies until the newborn is one and a half years old.
- An unpaid period that allows caring for a child until he is three years old.
As a rule, this leave is granted to the mother of the child after the end of sick leave for pregnancy and childbirth, Article 255 of the Labor Code of the Russian Federation. The basis for its opening is:
- baby's birth certificate;
- application for paid leave for up to one and a half years;
- a certificate from the father’s place of work confirming that he has no claims for care benefits.
Registration takes place in the personnel department at the place of work of the woman who gave birth to the child. A copy is made of the certificate and provided together with the original.
The original is returned after verification and certification of the copy. The HR specialist enters information about the newborn into the relevant documents that are required to cancel subsequent deductions from the employee’s income.
When the baby reaches the age of one and a half years, the employee will need to write a new application for leave to care for a child up to three years old, with the wording “without pay . This time, the provision of documents will not be required, since they have already been transferred to the HR department.
The same registration procedure will be valid if, at the discretion of the parents, the child’s father takes leave to care for the child. In this case, the certificate from the father’s place of work must be replaced with a certificate from their HR department at the mother’s place of work.
It requires indicating that the employee did not take advantage of the right to take this leave , and such benefits are not accrued or provided.
The certificate is certified by the chief accountant and the head of the company (enterprise).
Sometimes grandmothers look after the child.
For working people, proof of relationship with the baby will be required, as well as a certificate from the place of work of the mother and father about not providing them with appropriate leave.
REFERENCE: Unemployed women have the right to apply for benefits for up to one and a half years at the social security department, at the place of registration or residence.
Obtaining sick leave - step-by-step instructions
You can receive sick leave in case of illness of a child on the basis of the current law. To do this you need to do the following:
Step 1. Call a doctor at home. He must make sure that the child is really sick. After that, he will make a diagnosis and prescribe a treatment plan.
Calling a doctor to your home
Step 2. Provide the necessary documents for issuing a certificate of incapacity for work (the main ones are a medical insurance policy and a passport).
A list of documents can be obtained from a municipal or private clinic
Step 3. Close the sick leave certificate at the clinic after the child is discharged.
Closing of the sick leave is carried out immediately after the child’s recovery
Step 4. Submit your ballot to your employer and receive compensation.
After the accounting department makes the calculations, the parent will be given financial compensation
Important . Today, electronic ballots are being actively introduced in Russia. They allow you to quickly provide all the necessary information to the employer. In this case, the possibility of forgery of sick leave is completely eliminated. The employer himself must be registered on the FSS website and ensure that the doctor has the appropriate material and technical base for data entry.
In this case, document management is simplified, since there is no need to store information in paper form.
Registration of sick leave
There are two options for receiving sick leave.
The first option includes leave without pay (Article 128 of the Labor Code of the Russian Federation).
To do this, you should fill out an application addressed to the manager in free form, indicating the basis for granting leave.
The duration of absence is established by agreement of the parties. The disadvantage of this method is that it is not paid, and wages are not saved.
In the second option, for care, you need to take a sick leave from a medical institution and provide it to the employer of the relative who will provide care.
At a medical institution, it is enough for a relative to document his relationship. For example, provide a birth or marriage certificate.
The Ministry of Health has developed relationship codes. When drawing up a certificate of incapacity for work, the medical worker, according to the instructions, enters the appropriate code in the column provided for this: mother (38), father (39), guardian (40), trustee (41), other relative (42).
