Sick leave to care for a disabled person of group 2

The procedure for granting sick leave to care for a sick relative

The social insurance system in the Russian Federation guarantees that an employee will retain his average earnings in the event of his own illness or the incapacity of his family members.
If an employee’s relative falls ill and the employee is forced to care for him, the medical institution issues a certificate of incapacity for work, which can be brought to work and received temporary disability benefits during absence from the workplace. The employer is not obliged to find out who the employee’s sick relative is (Part 5, Article 13 of Law No. 255-FZ of December 29, 2006). To indicate a family relationship on a sick leave for caring for a sick relative, there is a special field where the doctor enters one of the following codes:

38 - mother,

39 - father,

40 - guardian,

41 - trustee,

42 - another relative (clause 65 of the Procedure for issuing certificates of incapacity for work, order of the Ministry of Health dated September 1, 2020 No. 925n).

The legislation establishes a ban on paying sick leave to care for a sick relative in the following cases:

• if a chronic patient is in remission;
• if the employee is on maternity leave or to care for a child under three years old and does not work part-time. If an employee works from home or for several hours a day, then she is paid sick leave according to the general rules;
• if the employee was on study leave or leave at his own expense;
• if health problems with an employee’s family member arose during downtime.

Should I pay for sick leave to care for a sick child if the employee works remotely and can work despite the child’s illness? The answer to this question is in ConsultantPlus. If you don't already have access to the system, get a free trial online.

If a relative falls ill during an employee’s vacation, the vacation is not extended by the number of days of illness, except in cases where the extension is provided for by a local act of the employer. The benefit is paid for the period of sick leave that coincides with the days of vacation, but is not paid. Only days of illness of a relative falling on the days after the vacation are subject to payment (Article 124 of the Labor Code of the Russian Federation, letter of the Ministry of Labor of Russia dated October 26, 2018 No. 14-2 / ​​OOG-8536).

For more information about calculating disability benefits during vacation, read the article “How to extend vacation for sick leave during vacation.”

IMPORTANT! The benefit calculated for a full calendar month, calculated for periods of incapacity for work from 04/01/2020, cannot be lower than the minimum wage. For details, see the material “How to calculate sick leave under the new law.”

The doctor will issue sick leave to care for sick parents or other relatives for the entire period of their illness, but there is a limit on the number of days that must be paid.

How to apply for sick leave to care for a sick relative

If an employee's family member becomes seriously ill, he has 2 options for taking sick leave. Firstly, employees are allowed to take additional unpaid leave, explaining the need for it due to family or other valid reasons. It is enough to submit an application addressed to the employer.

Enterprise managers are not required to allow an employee to take additional leave, even if there are good reasons for doing so.

The time of vacation taken at your own expense is not fixed - the time will have to be set in agreement with the employer. Of course, no sick leave benefits will be paid in this case, and the vacation itself will not be compensated either.

The second option is to take sick leave, but this is only possible after receiving a certificate of incapacity for work from a medical institution and presenting it to the employer. In such a situation, the employer has no right to refuse, and the vacation will be paid from the Social Insurance Fund.

The maximum period of sick leave issued to care for a sick relative is 30 days. If a family member is disabled and cannot do without supervision and care from third parties all the time, sick leave is not issued.

It should be remembered that a certificate of incapacity for work to care for a relative is rarely issued - only under the following circumstances:

• if among family members and relatives there is no one who is on vacation or not working, so that he can care for the patient;
• if, for medical reasons, a relative cannot be sent to a hospital for treatment;
• if without supervision and good care a person may die or suffer complications from an illness.

In this case, the duration of such sick leave is not long - 3 days. The period of sick leave can be extended if the medical commission decides to extend the sick leave for the relative. If outpatient treatment is prescribed, the employee can care for a relative for no more than a week, no matter what the disease, but no more than a month in total.

The nuances of paying sick leave for child care

But providing sick leave for childcare has many nuances. First of all, the limit of paid days depends on the age of the child and his illness.

Important! Children are recognized as children of an employee (including non-relatives - stepsons and stepdaughters, as well as wards and adopted children), grandchildren, minor brothers and sisters.

If the child is under 7 years old, then the entire duration of illness is paid, but not more than 60 calendar days per year (90 days for some diseases).

To care for a child over 7 years old but under 15, 45 calendar days per year are given. Social insurance will not pay the employee for the following days. Each sick leave can be no more than 15 calendar days, unless the medical commission recognizes the need to treat the child longer.

For a child over 15 years of age, the following rules apply: 7 calendar days of illness are paid; the annual limit on paid days of incapacity is 30 calendar days.

Attention! Limits for sick days for children are calculated based on age at the time of illness.

For some diseases from the list of orders of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008 No. 84n, the number of paid days increases. Such diseases include malignant tumors, severe developmental disorders and diseases of the nervous system, asthma, tuberculosis, meningitis, serious limb injuries, burns and some other diseases. In such cases, sick leave for caring for a patient can be paid for all days of illness.

Attention! Care for disabled children until adulthood is paid in full for the entire period of illness, but not more than 120 days a year (Clause 5, Article 6 of Law No. 255-FZ of December 29, 2006).

What other payments are due to disabled people, read the material “Compensation payments under the social security system.”

To account for the number of paid days of incapacity for work of a relative, the company counts only those days when the patient was cared for by an employee of the company. That is, a child could be sick 90 days a year, of which 20 days he was cared for by his mother, a company employee, another 20 days by his father, who works in another organization, and the remaining 50 days by his retired grandmother. You take into account only 20 days of mother's sick leave.

You can also take care of a child during the mother’s leave to care for him - she herself does not have the right to receive payment for a certificate of incapacity for work, but the father caring for the child or any other relative can claim payment for sick leave.

The first 10 days of illness of a child (regardless of his age) during treatment at home are paid taking into account the insurance experience of the caring worker. Starting from the 11th day you need to pay 50% of average earnings. If a child is being treated in a hospital, then payment for all days is based on the insurance period (Part 3, Article 7 of Law No. 255-FZ).

If an employee has two children sick at the same time, one paper BC is issued to care for them. If there are more sick children, a second paper sick leave is issued. When two or more children fall ill, one electronic sick leave is generated at the same time. If the second (third) child falls ill during the illness of the first child, the BC previously issued for the first child is extended until all children recover without counting the days that coincided with the days of release from work to care for the first child (clauses 44, 45 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Finance dated September 1, 2020 No. 925n).

If you want to check whether you have correctly calculated the allowance for caring for a sick child, use the advice of ConsultantPlus experts. Go to the Ready Solution with a free trial access to the legal system.

Sick leave for caring for a sick relative: design features

If an employee manages to obtain sick leave to care for a family member, he is entitled to compensation for each day of such a period, financed by the Social Insurance Fund - the employer will not pay a single day of sick leave.

Friends, neighbors and acquaintances of a sick person cannot apply for a certificate of incapacity for work - they must be either a relative or a guardian.

If it happens that you need to care for a patient for all possible 30 days, sick leave will be paid exclusively for the first week. That is, the maximum period of sick leave is 1 month, but payment is made no more than 7 days in advance.

If the sick leave period has expired, and the employer does not want to provide additional leave at his own expense, you can try to take out annual leave ahead of time, outside the established vacation schedule. If the employer agrees, the agreement should be recorded by submitting an application for his signature, which would indicate the need to care for a loved one. The manager, in turn, orders by issuing an order to transfer vacation days in the vacation schedule by an employee of the HR department.

Annual leave will be issued on a general basis. Despite the fact that it is provided earlier than planned, days of rest will be paid in full. But it will not be possible to extend the main leave for the sake of continuing care for the sick - such leave is extended on the basis only of those sick leaves that were received due to the illness of the employee himself.

Is it possible for a grandmother to take sick leave to care for her grandson?

If a child becomes ill, in some circumstances there is no choice but to provide care with the help of the grandmother. This is allowed by law, and a grandmother should be provided with sick leave to care for her grandson if she works.

Sometimes employers require proof that they live at the same address. However, such a request is unlawful, since it is not legally defined and can be ignored.

Payment of sick leave to the grandmother is made in the usual manner on the basis of the norms contained in paragraph 5 of Art. 6 Federal Law dated December 29, 2006 No. 255-FZ.

Can they refuse to issue a sick leave certificate to care for a sick relative?

Sick leave intended to look after a sick family member will not be issued by the employer unless he is provided with a certificate of incapacity for work issued to a relative of the subordinate. The document will not be issued unless there is a legal basis for it. Thus, sick leave will not be issued:

• if the relative does not show signs of illness, poisoning, injury or other signs of disability;
• if a family member must undergo a medical examination after receiving a referral from the military commissariat;
• if a loved one is currently under arrest or in custody;
• if a relative is referred to prof. examination at the clinic;
• if a family member has a chronic disease and is not currently experiencing an exacerbation phase.

But the receipt of sick leave by a relative does not guarantee that the employee who would like to care for him will have such an opportunity. Leave will be issued to him only in the following cases:

• if none of the family members are no longer able to care for the relative;
• if the sick relative was not admitted to a hospital for some reason and is not under the supervision of doctors;
• if the patient's health deteriorates further without proper care, or if there is a risk of death.

How to apply for sick leave to care for a disabled person

When issuing and paying sick leave certificates to employees who need to care for a disabled person, the following rules apply:

• To care for a disabled child under 18 years of age (from 04/10/2018), sick leave can be issued for the full period of treatment, however, no more than 120 days in total per calendar year are subject to payment from the Social Insurance Fund. This period may include different types of treatment (outpatient and inpatient) and various types of diseases. Sick leave is paid according to the following scheme:
• for inpatient treatment, the average monthly salary is paid;
• for outpatients - 100% payment for the first 10 days of illness, 50% payment for all subsequent days.
• Caring for disabled adults is accompanied by sick leave issued for the same periods as sick leave for caring for a parent or caring for sick relatives - 7 calendar days for each disease. You cannot be on sick leave for more than 30 calendar days per year.

Features of obtaining and terms of sick leave for caring for a sick child or adult relative

The nuances of receiving sick leave, depending on the situation, are determined by the Labor Code of the Russian Federation and, in general terms, provide the opportunity to issue certificates of incapacity for work in the following cases:

• in case of illness of a child who has not reached the age of majority: it is possible to provide care both at home and during inpatient treatment up to a certain age (read more about sick leave for child care here);
• if the husband or wife is sick, and the form of the illness or the degree of its severity directly requires the presence of another person nearby;
• in case of illness of parents requiring the help of outsiders in care;
• for oncological diseases in children;
• when caring for a disabled minor.

Each of the described cases has its own specifics and limited time frame during which, when providing care, a worker can count on receiving a sick leave certificate:

1. When caring for parents, the following conditions or factors must be observed:

• patients must be over 80 years of age;
• if the parents are disabled and have lost their ability to work;
• if the illness itself is severe and the parents are not able to care for themselves.

Under such factors, the employee has the right to issue a certificate of incapacity for work, but for a period not exceeding two weeks. If you need to pay attention to the patient for a longer period of time, you can take leave (scheduled or unpaid).

1. When caring for a sick wife or husband, the longest period of sick leave can be 7 days - in this case, even the severity of the diagnosis of the husband or wife cannot change this limitation. The rest of the time you can also take unscheduled leave without pay.
2. If there is a need to register sick leave to care for a minor family member, the following rules are established:

• if the child is under 15 years of age and is disabled, then the total number of days during which he can be on sick leave can reach up to 120 within one year;
• If a child has a disease related to oncology, then sick leave can be granted for an unlimited number of days. How the employer will react to such an action is another matter, although by law he does not have the right to demand the dismissal of the employee in such a case;
• if the child is a carrier of HIV infection, the duration of the sick leave is also not limited.

1. If you need to care for a relative who, due to his condition, is a bedridden patient, then the maximum period for which sick leave will be issued cannot exceed 45 days.
2. If it is necessary to care for a child undergoing treatment in a hospital (hospital), the issuance of certificates of incapacity for work is regulated by the following rules:

• if the child is already 15 years old, then the document is not officially issued;
• if the child’s age does not exceed 7 years, the person caring for him/her can receive a document confirming absence from work for the entire period of the minor’s stay in the hospital;
• when caring for children aged 7 to 15 years, the sick leave period cannot be more than 15 days.

Results

Many companies are afraid to hire women with children because they believe that the cost of paying average wages during sick leave will fall on the employer - this is not the case. Payment for certificates of incapacity for work is reimbursed by the Social Insurance Fund. The state regularly reviews the rules for paying sick leave and expands the list of diseases for which days of incapacity for work are paid in full. In order not to miss important changes in the rules of social insurance for employees, read our “Salaries and Personnel” section.

Sources:

• Labor Code of the Russian Federation
• Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 N 255-FZ

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Is it possible for a grandmother to get sick leave to care for her grandson?

Grandmother is a close relative. If she is officially employed, she has the right to issue sick leave to care for her disabled grandson. The procedure for provision and payment does not differ from the procedure for issuing a document for a parent.

The grandmother does not have to confirm the fact of living together with the child. The doctor must issue sick leave, and the employer must accept and pay for it. There is also no need to confirm the fact of relationship.

Important! If an employer requires a certificate of joint residence of a grandmother and grandson, and documents confirming kinship, this is illegal. He also does not have the right to refuse payment for sick leave without these documents.

Leave to care for a disabled person, group 2

There are different ways in which the state supports the disabled. Social support measures include leave to care for a disabled person.

Only an official representative of a disabled person can receive it; for this you need:

• submit an application to the social security authorities;
• written consent of the ward;
• If guardianship is arranged by a relative of the ward, then a power of attorney will be needed.

Fact: A person caring for close relatives from grades I and II is given additional days to the main vacation.

1 group

A person with 1 g. constant assistance from third parties is required. The employee has the right to submit a statement indicating the days that he asks to be provided with.

The employer, if there is a corresponding application, does not have the right to refuse to provide additional days off. The law establishes that the certificate of incapacity for caring for a bedridden patient is a maximum of 2 weeks.

2 groups

The second group is partially able to work. People of the second group also need help, but not as regularly as disabled people of the first. Therefore, it is not always possible to apply for leave to care for a disabled person, class II.

To apply for additional leave, you need to send the following package of documents to the social service:

• passport of a citizen of the Russian Federation;
• confirmation of relationship;
• statement;
• disability certificate;
• certificate from work.

For a disabled child

The law establishes five grounds for obtaining paid sick leave. This is the care:

• For minors up to seven years old. The paid part in this case is no more than two calendar months during the year. However, even if it lasts longer than the specified period, this will not become grounds for dismissal. An officially issued sick leave for child care is a valid reason. Payment will only be due for two months; the rest of the time will not be paid.
• For minors from 7 to 15 years. In this case, out of the entire period of care for a sick relative, only fifteen days are paid. If there is another sick leave during the billing period, then fifteen days of it will also be paid. A total of forty-five days can be paid in twelve months.
• In cases where a child has a disability since childhood, then the paid period is up to four months.
• If a child has oncology, then the temporary disability of the official representative is paid in full, regardless of the time spent on this leave.

Fact: In all of these cases, the child can undergo treatment both in a hospital and at home - payment will be made in accordance with current legislation.

• If a child is sick with the human immunodeficiency virus (HIV), then accrual is made only for the time spent in the hospital. If the patient is being treated at home, no payments will be made.

But it is worth considering that exceeding the established payment limits is not grounds for closing sick leave.

Payment amount

There are several types of government support for children with disabilities:

• social pension;
• monthly payments;
• monthly subsidies for carers of a disabled child;
• some free services.

All these payments and benefits are provided every month. In addition to these, various one-time assistance measures are provided:

• subsidy for accepting a child with a disability into a family - 124,930 rubles;
• tax deductions;
• regional and municipal benefits and benefits.

Amounts of federal payments for 2021:

If you add up all federal payments, then parents receive almost 20,000 rubles monthly for a child with a disability, and other persons receive almost 17,000 rubles.

Social pension

This payment is urgent. It is paid every month until the date established by the examination service or until the child’s eighteenth birthday. Subsidies are made from the Pension Fund. In the case of minor children, the concepts of “disability” and “work experience” do not apply.

For persons who have reached 18 years of age, the social pension is divided depending on the group and is paid under 2 conditions:

Source: https://oaosvrc.ru/drugoe/otpusk-po-uhodu-za-invalidom-1-gruppy-2.html

Leave to care for a disabled person of group 1

Situations may arise when an employee requires leave to care for a disabled person of group 1 or 2. And it doesn’t matter who turns out to be incapacitated, children, disabled parents or other close relatives. It is important to approach this issue competently and draw up the appropriate documents.

What are the conditions for parental leave?

The Labor Code of the Russian Federation does not provide for the concept of leave to care for a relative with a disability. Nevertheless, the employee has the right to receive leave on a general basis with filling out a certificate of incapacity for work to perform duties of caring for an incapacitated person or a seriously ill loved one. There are only a few options for going on vacation, including:

• going on paid leave;
• going on leave to care for a disabled person of group 1 with loss of wages for a specified period.

If the first case does not require any special explanation, because you just need to familiarize yourself with the schedule and, if necessary, show diplomatic skills when communicating with the employer, then the second needs a more detailed analysis.

In the second case, the duration of the vacation is determined in accordance with the medical report, but cannot exceed 30 days. In addition, every month parents of disabled children of groups 1, 2 and 3 are provided with 4 additional paid days off for care. This condition is regulated by Article 263 of the Labor Code of the Russian Federation.

Other conditions for receiving leave are the following circumstances, which can also be used:

• continuation of work after reaching retirement age - vacation up to 14 days per year;
• spouses and parents of people who died in the performance of military duties - up to 14 days per year;
• military duties - up to 14 days per year;
• working disabled people – up to 60 days a year;
• death, birth and wedding of relatives – up to 5 days.

All these conditions are regulated by Article 128 of the Labor Code of the Russian Federation.

Basic design rules

You can exercise the right to issue a certificate of incapacity for work not only if the employee himself or his minor children fall ill, but also incapacitated parents.

For example, an adult child can apply for sick leave to care for disabled parents. In this case, only an employee who has income from which insurance payments are made to the Social Insurance Fund will be able to receive compensation.

Whether a given sick leave is needed or not is decided by the doctor, based on the identified facts.

In addition, the employee may request leave at his own expense for family reasons. Its terms and duration must be agreed directly with the management of the enterprise. Art.

128 of the Labor Code of the Russian Federation indicates this possibility. However, it does not oblige the employer to issue unpaid leave for this reason.

To be granted leave, you need to write an application addressed to your employer and obtain his consent.

If you may be denied unpaid leave, then sick leave to care for sick relatives with disabilities of group 1 is a way out of the situation. The sick leave form is sent to the employer after it is issued. Of course, there are some rules regarding timing. For example, sick leave is initially issued for three days, but if necessary, it can be extended.

Is vacation paid?

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) has a separate article that establishes the right of a guardian of a disabled child to receive leave in the amount of four days a month, Art. 262 Labor Code of the Russian Federation. This type of leave is classified as social, so the employee must initiate its provision by contacting the organization’s management. 4 days is the period that will be paid.

This period is provided to one of the parents once a month. Persons caring for a disabled child have the right to raise the issue with their superiors about going to the OPI for 4 days every month.

Leave for parents of disabled children is granted:

• father and mother;
• persons who have adopted a foster child and are performing parental responsibilities;
• to guardians.

Father and mother can share their vacation days. For example, in a month a man will take two days, and a woman will take two. If one of the spouses did not use the allotted days, the right to apply for benefits on a residual basis remains with the second guardian.

In this case, vacation pay will be calculated according to the classic algorithm, where the average salary is taken as a basis.

This right is guaranteed to a person by the legislator as follows: the employer is not given the opportunity to decide whether to refuse or not. He must approve the subordinate’s request at a convenient moment, subject to the provision of the necessary papers. A period of four days is considered a minimum, which, of course, must be given and paid by the employer if the documentation is properly completed.

Parents of a disabled child should also remember that the effect of Art. 262 Labor Code applies to families where the child is under 18 years of age. After a person with a disability becomes an adult, his guardians cannot invoke the child's disability and receive such a benefit.

Sick leave to care for a disabled child

In 2021, sick leave to care for a disabled person of group 1 will be provided on the same basis as caring for a sick relative. But, as for the obligation to care for a disabled minor, additional features and benefits are provided. In particular, this applies to officially employed persons.

Benefits for able-bodied citizens

In order to receive benefits and payments, it is not enough to simply work and earn seniority. The employer is also obliged to make monthly deductions of insurance premiums for the employee, which affects the formation of the insurance period. In this case, the employee who is in the care of a disabled child will be able to receive the following types of benefits:

• additional days off;
• overtime leave;
• reduction of working hours (at your own request, but payment will be calculated based on the actual time worked);
• refusal of business trips and transfers to other locations.

If a child is raised by two parents, then the mother and father can receive benefits in turn. Simultaneous provision of preferences to both adults is not permitted.

Additional days off

According to the requirements of Labor legislation, an employed guardian (or biological parent) of a disabled child may receive up to four additional days off per month. Such days are provided upon personal application and are subject to payment in the amount of average daily income. An employer cannot refuse time off.

Additional leave

Along with annual leave, additional leave to care for a disabled child is also provided in the amount of 14 days of rest. They can be used as follows:

• two weeks at a time;
• in parts;
• together with the main rest.

This benefit is declarative and such leave is not subject to payment.

Is the period of retirement included in the length of service for granting a pension?

As mentioned above, there are two types of experience:

• labor (affects the date of retirement);
• insurance (the size of the pension benefit depends on it).

A parent of a disabled child who is on sick leave due to the need to care for his sick child can count on the following calculation of service life:

• length of service will be considered continuously (year after year);
• an increase in the pension coefficient is provided, which should increase by 1.8 indicators for every 365 days of sick leave;
• The insurance period is not considered due to the absence of payments from the employer at this time.

Timely submission of the disability form is a benefit, first of all, for the worker himself.
Since this document not only confirms the fact of the citizen’s legal absence from service, but is also a guarantee of receiving a cash benefit. [Total votes: 0 Average: 0/5]