Regulations.

The issuance of a certificate of incapacity for work in connection with the illness of a minor and the calculation of benefits for it are regulated by the following regulations:

• Law No. 255-FZ;
• Order of the Ministry of Health and Social Development No. 84 of February 20, 2008;
• Order No. 624n dated June 29, 2011.

In accordance with the documents, any of the baby’s close relatives who will be caring for him can receive a sick leave from the children’s clinic.

Only an officially working parent or grandmother can draw up the document if all contributions to the Social Insurance Fund have been paid on time.

If the child is under 7 years of age, sick leave is issued for the entire duration of treatment, regardless of whether it occurs at home or in a hospital.

When are grandparents given sick leave to care for a child? Registration and payment of the newsletter

Family Law {amp}gt;
Minor children {amp}gt; Does a grandmother have the right to take sick leave to care for her grandson? When a small child is sick, it is always accompanied by fears and worries of the parents.

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

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

Can a grandmother take sick leave to care for her grandson in 2019 if the mother is at work, on a business trip, or is on sick leave herself?

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

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

According to Federal Law 255-FZ, any family member, including a working grandmother, can take sick leave to care for a child.

If mom and dad cannot leave work, then the grandmother can take on the responsibility for treating the child.

Retired grandmothers are not issued sick leave for childcare.

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

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

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

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

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

1. For outpatient (home) care of a child under 14 years of age, the benefit amount is calculated as follows:

• with work experience of 8 years or more - 100% for the first 10 days, and 50% for subsequent days;
• from 5 to 8 years – for the first 10 days – 80%, for the next – 50%;
• up to 5 years - for the first 10 days - 60%, for subsequent days of sick leave - 50%.

• For inpatient care (if the grandmother is in hospital with a sick child under 15 years of age), sick leave is calculated in the same way as the outpatient treatment scheme:
• with experience of 8 years or more - 100% for the first 10 days, and then - 50%;
• from 5 to 8 years – 80% for the first 10 days and 50% for the remaining days;
• up to 5 years of experience - 60% - for the first 10 days and for the remaining days - 50%.

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

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

If two children in a family fall ill at the same time, then the grandmother is issued a certificate of incapacity for work in one copy.

If the first child is recovering, and the second only gets sick, then the grandmother’s sick leave is extended, but the second one is not issued.

The sick leave certificate itself then indicates the start and end dates of the illness, as well as the names, names and ages of the children who were sick.

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

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

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

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

note

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

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

Will a grandmother be given sick leave if she lives separately from her grandson? According to the order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, sick leave for caring for a sick child is issued in a medical institution to one of the family members, including the grandmother.

We suggest you read: If an employee refuses to go on vacation

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

Will my grandmother be given sick leave to care for her child, and will she be paid for it if she lives in another city? The issue of issuing a certificate of incapacity for work to a grandmother who lives in another city is decided in a medical institution.

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

It is not always possible for a mother or father to take sick leave to care for their child. Can a grandmother or grandfather come to the rescue, do they have the right to sit with their grandson or granddaughter, are they given a child care certificate?

How is the registration process different and is such sick leave paid? We will talk about this and much more below.

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Article 5 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability” (hereinafter referred to as the Federal Law) establishes that insured persons are provided with appropriate benefits in case of caring for family members.

The order of the Ministry of Health and Social Development “On the procedure for issuing certificates of incapacity for work” speaks about the situation in more detail. Clause 34 states that a certificate of incapacity for work can be issued to a family member who is actually caring for his relative. Who exactly?

1. A family member, by which the Family Code of the Russian Federation means: parents, children, brothers, sisters, adoptive parents.
2. Guardian or trustee.
3. To another relative.

It follows that the grandmother may well issue a sick leave certificate. But there are some nuances:

• If grandparents work. There are no problems. These are those persons who contribute certain funds to the Social Insurance Fund and, accordingly, have the right to go on sick leave if an illness has overcome their minor relative: grandson or granddaughter.
• If your grandmother or grandfather is retired. In this case, there is no right to receive benefits. And not only because people who have retired do not make contributions to the Social Insurance Fund. The legislator is guided by simple logic: a person receives a pension and does not work, therefore, he has time to care for his grandchildren and money to satisfy his current needs.
• If you have no experience. A working pensioner or grandparent who has gone on sick leave to care for a child will be paid a benefit in any case. The only question is its size. In most cases, the amount due depends on how many years the person has worked and how much experience he or she has. Thus, according to the Federal Law and the Order, if the length of service is 8 years or more, then at least the first 10 days of sick leave are paid in the amount of 100% of average earnings . If, for example, the experience is 4 years, then they will pay only 60% of the average.

There are several conditions:

1. Grandparents are officially working. As noted, people who are retired are not paid benefits.
2. Parents should not be on vacation. If mom or dad are temporarily not working, then they should have time to care for their sick child.
3. The grandmother (grandfather) must take care of the child while on sick leave. The certificate of incapacity for work will not be paid if the grandmother works while the minor is sick.
4. The grandmother must be a relative of the child. You cannot invite an outsider who will take sick leave and take care of someone else’s boy or girl.
5. The grandmother must live in the same city where the child lives. However, the point is controversial. Rather, the grandmother (grandfather) and grandson (granddaughter) should live together during the period of the child's illness. Otherwise, it will simply not be possible to provide care.

Otherwise, there are no special requirements or restrictions. If the mother gets sick, then according to the current legislation, the grandmother is given a sick leave.

The legislator’s logic is as follows: a sick mother, most likely, will not be able to provide quality care for the child, and in some cases will not be able to constantly be near her son or daughter. For example, if the parent required surgery.

The procedure cannot be called complicated. But there are some steps you need to take.

When people get sick, they go to the doctor, who issues a certificate of incapacity for work. The main thing is to contact a competent specialist, an organization that has all the necessary licenses.

This must be done as quickly as possible, as soon as certain symptoms indicating the occurrence of the disease are identified.

Collection of documents

The grandmother must provide compulsory medical insurance, a passport and the child’s birth certificate.

The question of whether it is necessary to prove a family connection remains controversial. Practice shows that doctors do not require any additional papers. On the other hand, the law states that a certificate of incapacity for work is issued to a family member or other relative.

If we rely on what is stated in the previous sentence, we can draw the following conclusion: the doctor may require documents from the grandmother or grandfather indicating the presence of a family connection with the child. What kind of papers could these be?

1. Child's birth certificate.
2. Birth certificate of the minor's parent.
3. Documents confirming the fact of change of surname. For example, a marriage certificate.
4. Grandparent's passport.

We invite you to read: Sick leave for a work injury: how to correctly calculate and pay

Sick leave for grandma.

Thus, a grandmother can be on sick leave with her grandson if she is officially employed, and the child’s parents do not have the opportunity to temporarily stop performing work duties.

Pensioners, as well as students or temporarily unemployed people, are not issued a certificate of incapacity for caring for a relative.

The grandmother can draw up the document even if she does not live with the baby.

The main requirement in this situation is that the child will be cared for by the relative who received the certificate of incapacity for work.

The bulletin is issued by the medical institution; the employer’s opinion is not taken into account when issuing it.

When are grandparents given sick leave to care for a child? Registration and payment of the newsletter

A child’s illness is always accompanied by parents’ anxiety and desire for his speedy recovery. There are enough worries.

Knowing about the possibility of issuing a sick leave certificate for the duration of a child’s illness removes a considerable burden from one’s shoulders.

This year there have been significant changes in the rules for issuing, processing and paying for sick leave for the period of a child’s illness.

When filling out sick leave for a grandmother to care for her grandson, it is necessary to take into account that she must be employed under an employment contract.

The main condition is that the sick leave be issued to a family member who is actually caring for a sick child: sick leave for a child issued to the mother is not allowed to be paid if she continues to work.

https://www.youtube.com/watch?v=channelUCiUiv6I0488274ftKKisnQQfeatured

A sick leave can be issued for several people sequentially within the permitted period.

Important

At the employee Petrova P.P. My six-year-old son Anton fell ill. She issued a sick leave certificate. But at the same time, out of operational necessity, she continued to go to work. In fact, the grandmother was caring for the sick child.

For this reason, the accounting department of Petrova’s company refused to pay for sick leave. The employee received only payment for the time actually worked.

The following factors greatly influence the duration of the newsletter:

• How old is the child;
• the type and severity of the disease in each specific case.

The sick leave must be issued for the full period necessary for treatment, but only the period permitted by law will be accepted for payment.

Order of the Ministry of Health and Social Development dated February 20, 2008 No. 84n

First, you need to present the passport and insurance policy of the person for whom the sick leave will be opened.

Then a special form is drawn up in which all the necessary information is entered using codes:

• Code 09 (caring for a sick child) is noted in the column “Cause of disability.”
• Code 42 means that it is not issued to the parents. To register a child's sick leave for a close relative, there is no need to prove the degree of relationship with the sick child.

In the empty fields, the attending physician enters the missing information, including the child’s age.

Payment Features

Calculation of the benefit amount depends on several factors:

• from the insurance experience of a relative of a sick child;
• from the amount of wages for two full years;
• treatment is carried out at home or in a hospital.

If a child is treated at home (or inpatient), the first ten days of sick leave are paid based on the insurance period.

The remaining days are calculated in an amount not exceeding fifty percent of average earnings.

Payment for sick leave for the treatment of a child in a hospital is made in full, taking into account only the insurance period of the person who issued the child’s sick leave.

Quite often, grandmothers help raise children and provide actual care for them during illness. The legislation allows the issuance of a certificate of incapacity for work not only for one’s own illness, but also for caring for a sick family member.

Therefore, people are often interested in whether a grandmother can count on paid sick leave and, accordingly, release from work during the period of her grandson’s illness.

This law does not limit the degree of relationship; it lists: guardian, trustee and other relative. Therefore, even a grandmother has the right to take sick leave.

How to issue a certificate if a child has a disability?

If the mother works

It's no secret that employers are annoyed by frequent sick leave from employees.

Since young children get sick very often, many families set their own order for applying for sick leave.

https://www.youtube.com/watch?v=ytcopyrightru

The law allows the issuance of sick leave for caring for a family member. Therefore, not only the father, but also the baby’s grandmother has the right to stay at home with the child when the mother needs to work.

To issue a sick leave certificate, she must be released from work. If the grandmother is not officially employed, is on regular leave or without pay, she will not be able to count on benefits.

note

According to paragraph 41 of Order No. 624 - N, sick leave will not be issued for a child over 15 years old when he is being treated in a hospital. Under such circumstances, even the mother will not receive the sheet, since at this age children are placed in a medical institution without adult accompaniment.

Until what age is sick leave granted for a child?

If mom is sick

It all depends on whether the mother is on sick leave or on maternity leave:

• If the mother has already returned to work and is sick, the grandmother can apply for a certificate of incapacity for work to care for a sick child. The main thing is that she is officially employed and not on vacation.
• According to Art. 40 of Order No. 624 - N you cannot receive sick leave during maternity leave or caring for a child under 3 years of age.

We invite you to familiarize yourself with: Sample agreement between an agent and a third party

If the mother is on maternity leave and receives benefits from social insurance, then in order to receive benefits for the grandmother, the mother must interrupt maternity leave for the period of illness.

Two benefits for one child cannot be paid simultaneously from social insurance.

Payment of sick leave for grandmother and grandchildren.

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

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

Payment depends on factors such as:

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

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

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

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

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

Refusal of sick leave.

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

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

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

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

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

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

Deadlines for issuing sick leave to grandmother

The validity period may depend on several factors. According to the law, the deadlines may be affected by:

• age group of the minor;
• the disease and its characteristics, including severity and possible consequences.

Read also: ​​What to do if your wife does not allow you to see your child?

For those under 7 years of age, a ballot will be issued for the entire period within a year:

• in general cases the limits are 60 days;
• if the disease is included in the list of order No., then the period increases to 90 days.

At the age of 7-15 years, the actual illness lasts for 15 days. For a year, the general limit is set at 45 days.

If the minor is over 15 years old, then outpatient treatment has a limit of 3 days, but it is also possible to extend it to 7 days if a special decision has been made by the medical commission. Payment is only possible per calendar month for the entire year.

Only the period prescribed by law is paid, regardless of the duration of the document itself.

There are also several special cases. For example, if a minor under 15 years of age is disabled, then the duration of the document is not limited. It turns out that the period corresponds to the entire time of care during an exacerbation of the disease. Payment in this case is limited to 120 days per year.

If the child is under 15 years old and has HIV or a malignant neoplasm, then the entire vacation will be paid, which is not limited in duration, since documents are issued for the entire period of treatment. The same point has been recorded for persons who have diseases associated with radiation exposure on them or their parents.

How many days is sick leave for care given?

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

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

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

This is important to know: How sick leave is paid at an enterprise and what the payments depend on

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

FAQ

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

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

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

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

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

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

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

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

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

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

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

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

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

This is important to know: How is the average salary for sick leave calculated?

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

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

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

Expert opinion

Novikov Oleg Tarasovich

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

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

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

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

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

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