Sick leave to care for a sick relative: how it is paid, conditions

Issues discussed in the material:

In what cases can you arrange care for disabled parents?
What payments are due for caring for disabled parents?
How to arrange care for disabled parents

When older people develop serious health problems, their adult children take care of them. Disabled people are especially in need of care because their physical capabilities are reduced. It is very important not to abandon your loved ones, devote maximum time to them and try to provide them with everything they need, which will help partially compensate for the lost capacity. We will tell you how to properly arrange care for disabled parents.

Features of caring for disabled parents

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Caring for disabled parents involves several basic measures to improve the quality of their existence, regardless of the caregiver’s family ties:

sanitary and hygienic procedures;
purchasing necessary medications, issuing them to the patient and checking that medications are taken;
purchasing food and other necessary things;
cooking food;
feeding, if necessary;
cleaning the premises where a disabled person lives and solving other everyday problems;
carrying out the necessary procedures that do not require medical education, measuring blood pressure or temperature;
following all doctor's instructions.

There are three groups of disabilities, differing in the degree of loss of ability to work and the ability to care for oneself:

I - assigned to people with complete loss of ability to work, when a person needs constant care and assistance. The patient cannot walk independently and does not orient himself in time and space. The patient cannot control his behavior and communicate with other people.
II - this group is assigned when the ability to serve oneself is partially lost. A person can perform simple manipulations and move around with the help of special devices. The patient cannot work at all, or can work partially and needs special conditions, special organization of the workplace or outside help. A person cannot undergo training at all or can obtain knowledge in specialized institutions, under a simplified program or through home study. Orientation in space and time and control of behavior are satisfactory only with outside help. Communication with other people is possible only with the support of others or medical devices.
III - disabled people of the third group can care for themselves, but need additional devices. A person moves without assistance, but slowly and over short distances. The patient can study, but subject to a special regime and the help of others (not teachers). Disabled people of the third group cannot hold positions in their specialty, but cope well with less responsible tasks and a light workload. They can communicate with other people, but with difficulty. Such people learn, absorb and transmit information, but to a lesser extent.

Who can arrange care for disabled parents?

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Any person over the age of 15 who has no income can obtain permission to care for a disabled parent, namely, if he:

is not listed as employed or as a private entrepreneur;
is not in a preferential category and does not receive any social benefits;
does not appear on the registration lists at the employment center.

The caregiver can be a student (full-time or part-time), or a student receiving a scholarship (in this case, payments do not interfere with the registration of care).

People over 15 years of age do not require the consent of their legal representatives for the guardianship procedure. To register, caregivers under this age must obtain permission from the guardianship authorities to carry out work activities, like persons under the age of majority. Moreover, permission can be issued only in the presence of the parents of the minor guardian.

A stranger, officially registered in any locality of the Russian Federation, can provide care for a disabled person.

Regarding the latter, it is important to add that this is an indisputable rule for obtaining guardianship over a disabled parent. The caregiver is deprived of any benefits, pensions or income. The reason for this is the decree on compensation to the guardian of his labor earnings. If the trustee is already receiving payments, then double compensation will go from the budget, which is contrary to the law.

By law, the caregiver of a parent of a disabled person must inform the Pension Fund employees about his decision to go back to work or about the start of payments under the insurance pension. This must be done within five days; the main task of the guardian is to notify the relevant authorities in a timely manner and refuse social benefits for caring for the incapacitated person.

If the caregiver does not report his employment on time, he will be required to return the overpayment in full. If an able-bodied person refuses to return the money, the debt will be collected through compulsory legal proceedings.

Keep in mind that in addition to the amount of overpayment of benefits, a state fee and a bailiff's fee are added in the event of a court case; this will significantly increase the final amount of the fine.

Example of calculating sick leave (+ sample)

Sick leave for caring for a patient is calculated taking into account the following factors:

duration of work in the organization;
salary amount for the billing period;
availability of leave with a child under 3 years of age;
length of service in government agencies (if a civil servant).

if the employee has 6 months or less of experience, he receives 180 rubles. per day;
for up to 5 years of experience – 60% of the average salary is paid
if you have 5 years of experience or more, sick leave is paid in the amount of 80% of the average salary;
if you have more than 7 years of experience in government agencies, 100% of your salary is paid.

Sample calculation:

Accountant Ivanova I.I. was on sick leave from April 12 to April 24, 2016. Ivanova I.I.’s insurance record. is 10 years. Calculation period – 2014 and 2020. The total amount of earnings was 300 thousand rubles.

This is important to know: Is leave without pay included in the length of service?

Since the experience is more than 8 years, the payment will be 100%, that is, 410 rubles. for every day. Since only 7 days are paid, she will receive 2870 rubles: 7 x 410 = 2870 rubles.

The average salary is calculated for the last two years and divided by the number of days in the billing period, that is, 730.

Where to apply for care documents

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You must contact the Pension Fund with an application for registration of care for an incapacitated person. The allowance for caring for a disabled parent is actually a supplement to the pension of an incapacitated person; it can be assigned by the department in which the patient’s pension file is located.

The principle of this bonus is that it is accrued along with the pension of an incapacitated citizen, but is intended for the caregiver for providing the necessary care for a disabled parent. The law gives a disabled person the right to decide to what extent to pay the caregiver for his services, to give all the remuneration or only part of it.

To submit an application for accrual of compensation payments to a disabled person, both the trustee and the disabled citizen must appear at the appropriate service.

Both applicants must leave their signatures confirming that they have been informed of the need to notify government authorities in the following cases:

employment;
business registration.

List of documents for appointment with a specialist:

passports of the caregiver and the disabled person;
a certificate stating that the trustee is undergoing training;
work books (if any).

The Pension Fund specialist is obliged to do:

electronic copies of documents and then return them;
check applicants' ability to earn income;
on the day of citizens’ visit, make all requests through interdepartmental communication;
help draw up applications.

The approximate time for processing a social allowance is about 30–40 minutes.

If a caregiver or disabled person is registered on the State Services website, you can submit an electronic application, which will help significantly save time for both the social worker and the applicants. The portal has all the necessary samples for filling out documents; it is important to find the ones you need and send them to a specialist.

In your personal account on the Pension Fund website, you need to select the column “Application from a disabled person for consent to provide care” to compose a message from the disabled person and the item “Assignment of compensation payment for the care of a disabled person” for the person caring for him.

When submitting an application electronically, applicants must receive a response letter warning them of the need to inform the authorities about changed circumstances or employment.

In this case, the disabled person and the guardian do not need to provide original documents; Pension Fund employees will independently check the data, including the fact of current unemployment, using state databases.

If civil servants do not have any additional questions requiring verification, the payment of the bonus will be assigned within 10 working days after submitting the application. The actual recipient of the bonus is the trustee, therefore, after the expiration of the specified period, he should receive a postal or electronic notification of a positive resolution of the issue.

There are several reasons why the state may refuse to pay an allowance for caring for disabled parents of group 1:

The certificate confirming disability was incorrectly drawn up, or there are doubts about its authenticity.
During the verification of the fact of employment, the fact of conducting a registered business activity, receiving benefits, wages or registration at the employment center was discovered.
Continuous work of the caregiver is confirmed.

Trustees often wonder how many disabled clients they can care for at one time. This interest is caused by the material side of the issue; the more incapacitated people they have under their care, the higher the material reward. And if there are two disabled parents in a family (both mother and father), and the child alone takes on the responsibilities of caring for them, then the question of the number of possible wards becomes much more important than the payment itself.

There are no legislative restrictions on this matter, therefore, no matter how many disabled people a caregiver serves, the state cannot refuse him.

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Benefit amount in 2020

In all cases when a disabled person is cared for by a stranger, the amount of the supplement is a fixed amount, which has not changed since 2007 and amounts to 1,200 rubles per month.

The amount of the supplement to the pension of a disabled child if one of the parents or a person who has the official status of a guardian of this child (according to a guardianship certificate) is taking care of him is 5,500 rubles per month.

The care allowance is paid simultaneously with the pension.

Accrual nuances

The pension fund will continue to pay an allowance for caring for a disabled person until circumstances arise that require confirmation of certain facts.

For example, if during the initial registration a student provides a certificate with the date of graduation, then when this date occurs, the payment of the bonus automatically stops. In this case, he should provide a new certificate and apply for continued care.

If study is terminated and the caregiver does not plan to find a job, care should be extended upon application, with confirmation that there is no actual work.

Types of care for disabled parents

If a person decides to provide care for a disabled parent, then he must give him maximum attention, effort, patience and free time. Therefore, guardianship of an incapacitated person is not suitable for those who are chasing easy money. Cash payments for caring for a bedridden patient are very small; they do not even cover the cost of food and the purchase of necessary medicines, not counting the payment of utility bills.

Elderly people and disabled people of the 1st group need round-the-clock care from loved ones or a professional nurse. Often they cannot take care of themselves, move around, eat, carry out hygiene procedures and relieve themselves. Constantly caring for a disabled parent who is completely bedridden is very hard work, not only physical, but also psychological. Not everyone can cope with the task.

There are two options for guardianship of a disabled person - patronage and full guardianship.

Full guardianship

Guardianship is the provision of ongoing assistance, representation and protection of the civil rights of incapacitated parents. The caregiver has the right to receive pension benefits instead of the disabled parent. The guardian will also be assigned a monetary payment for caring for the incapacitated person. Any written statements, documents, certificates from medical institutions must be sent to the social protection authorities.

Full guardianship is a decision made by the social protection authorities. It is issued in cases where the patient is assigned the 1st group of disability or when the patient is unable to care for himself independently, while being permanently bedridden, that is, he is officially recognized as incompetent. What is included in the definition of “incompetent” is described in the Civil Code of the Russian Federation (Article 29). Caring for incapacitated elderly persons is regulated by Federal Law No. 48 of April 24, 2008 “On guardianship and trusteeship.” In addition, Article 32 of the Civil Code of the Russian Federation defines the category of citizens who need guardianship, and Article 35 of the Civil Code of the Russian Federation specifies all the rights of people caring for disabled people.

Note! Full guardianship may be ordered by the court if the incapacitated parent has a mental disorder.

Patronage.

This is an option for guardianship of people over 60 years of age who have health problems and need outside help. The need for patronage is determined by the medical commission. An elderly pensioner must himself visit the institution of guardianship and trusteeship authorities, having a medical report in hand, and draw up an application, after which an appropriate decision will be made on the need for outside care and the calculation of a monetary supplement. A lonely elderly person who has no relatives living nearby also needs to contact the guardianship authorities, after which a social worker will be assigned to him. The appointed employee will regularly visit the ward and carry out all necessary activities - purchasing food, medicine, cleaning the premises.

If a pensioner is officially declared incompetent and is unable to come to the guardianship authorities, his relatives must take on this responsibility. It is necessary to submit a written application and a draft agreement to the guardianship authorities at the place of residence; on the basis of the submitted documents, the responsibilities and rights of the guardian, ward and social worker will be determined.

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Allowance for caring for disabled parents and benefits

The state provides cash payments to the caregiver for caring for disabled parents. But the person applying for the role of guardian must refuse any payments and fulfill certain requirements. You can apply for monetary compensation:

Able-bodied persons (not disabled).
In fact, constant care.
People without income and registered entrepreneurship.
In case of refusal of unemployment payments.
Not registered with the employment center.
People over 16 years of age.
Registered and living in the same locality as the ward.
Citizens without a criminal record.
Persons without addiction (drug addiction or alcoholism).
People who have refused any social benefits (pension, etc.).

Guardianship can only be obtained over a disabled person of group 1 or 2 with confirmed incapacity. Guardianship is also issued over an elderly person without a disability who needs constant care (according to the conclusion of a medical commission), or over a pensioner who has reached 80 years of age.

What is the amount of compensation for caring for a disabled person or an elderly citizen?

An amount of 1,200 rubles is assigned to the guardian of a disabled person of the first group, an elderly pensioner who needs daily care as prescribed by a medical commission.

An amount of 5,500 rubles is paid to the guardian of a disabled person of the 1st group, registered by him since childhood (valid for parents or relatives of an incapacitated person, an official guardian, but not a stranger).

No monetary compensation is paid for guardianship of an elderly person over 80 years of age. But during the period of guardianship, the trustee will accrue pension experience. When children take care of incapacitated parents, then for the entire period of assistance provided to them, special points will be calculated towards the insurance part of the old-age pension.

If a working person needs to take leave to care for disabled parents of the 1st or 2nd group (it does not matter who is declared incompetent, children, parents or close relatives), you need to rationally approach the solution of this problem and competently draw up the necessary documents.

The right to register a disability is available not only in the event of illness of the employee or his young child, but also in the event of the incapacity of the parents. For example, an adult may request leave to care for bedridden parents. In such a situation, an employee whose income contributes funds for insurance to the Social Insurance Fund can apply for compensation in such a situation. The need for sick leave is determined only by the doctor after assessing the patient’s condition.

But an employee can take leave at his own expense due to existing family circumstances. It is necessary to agree on its terms and duration with your boss. This right is specified in Article 128 of the Labor Code of the Russian Federation. But management has the right to refuse the employee in this matter. To allow unpaid leave, you must submit an application to the director or company and obtain his consent.

The legal right to take family leave does not affect an employer's decision to take it. But if you receive a refusal, there is always a backup option - sick leave to care for a parent with a disability of the 1st group. The sick leave will be transferred to management immediately after it is signed. It is important to understand that there are rules regarding timing, for example, first you will be issued sick leave for three days, and then you will need to extend it, if necessary.

Payments are accrued from the beginning of the month in which actual assistance to the incapacitated person was started and the application was submitted. The amount of compensation is added to the pension of the disabled person being cared for. Money is credited to:

savings account;
to a bank card.

Funds can also be collected at the post office.

The amount of cash benefits is subject to indexation. In some regions with a special climate, the amount of compensation will be greater due to regional coefficients.

If the guardian's circumstances change, he will not lose the right to receive cash benefits, but is required to report all changes to the Pension Fund within five days.

Why payments may be stopped:

the trustee renews his or her seniority;
the guardian begins to receive social benefits of any nature;
the ward's disability is removed;
in the event of the death of a disabled person;
The trustee himself refuses to provide assistance to disabled parents.

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Consequences of not caring for disabled parents

The Criminal Code of the Russian Federation provides for the protection of the rights of elderly parents. In Art. 157 of the Criminal Code of the Russian Federation specifies punishment for failure to fulfill financial responsibilities for caring for disabled parents and children.

The first chapter of the article talks about protecting the rights of minors and disabled children who have reached the age of 18. If parents evade payment of alimony prescribed by the court, they face punishment in the form of correctional labor for a year (or less) or arrest for a period specified by the court; persistent violators can be imprisoned for up to a year.

The law provides for similar obligations for adult children in relation to disabled parents. In case of violation of the rights of an incapacitated parent or evasion of child support payments, similar sanctions are imposed on an adult child.

The Family Code of the Russian Federation also regulates the relationship between adult children and their elderly incapacitated parents. Article 87 of the RF IC provides for the obligation of an adult child to provide assistance to disabled parents, look after them and provide them financially.

In the absence of an agreement on the payment of alimony by adult able-bodied children, a disabled parent has the right to contact the relevant authorities and file an application to begin legal proceedings demanding the recovery of funds, provided that the disabled person needs money.

The court takes into account the financial capabilities of the plaintiff and defendant, and sometimes other parties, and makes a decision in the form of a monthly payment of a fixed amount (alimony).

The court has the right to hold all adult able-bodied children accountable for the payment of alimony, even if the applicant indicated only one in the lawsuit.

The law provides grounds for failure by children to fulfill obligations to elderly disabled parents on the financial side, for example, if the parents at one time did not fulfill direct responsibilities to their children and were deprived of parental rights. In all other situations, this exception is invalid, and the disabled parent has the right to insist on the payment of child support in his favor through judicial proceedings.

In addition, Article 88 of the Family Code of the Russian Federation states that able-bodied children must provide additional financial assistance to an elderly parent, in addition to alimony ordered by the court.

The court may impose obligations to pay or reimburse expenses in special cases. For example, serious illnesses or injuries, the need to pay for outside help from a third party, or other situations where able-bodied children avoid or do not take care of incapacitated parents at all.

The amount and payments of monetary compensation, as with respect to alimony, are determined by the court after assessing the financial capabilities of both parties and other circumstances (family status, number of children).

The assigned amount can be established by agreement of the parties in the event of a peaceful agreement.

What documents are needed for sick leave?

To obtain a patient care certificate, you must provide the following documents:

passport (for residents of the Russian Federation), certificate of registration in the territory of the Russian Federation (for non-residents);
an extract from the medical history certified by the head physician of the medical organization;
marriage or birth certificate (confirmation of relationship);
application for leave according to the established template.

If all of the above is presented, the company has no reason to refuse the employee. In cases of unlawful refusal, the organization may be fined in accordance with the Code of Administrative Offenses.