Can a husband take out such a certificate of incapacity for work and will they pay for it?
To answer the question, let us turn to the following legal acts:
- Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” (hereinafter referred to as the Federal Law).
- Order of the Ministry of Health and Social Development No. 624n of 2011.
In clause 2, part 1, art. 5 of the Federal Law states that the insured person has the right to receive temporary disability benefits if he has a need to care for a family member. Clause 35 of the Order contains a similar provision. Based on the above, we conclude that the father has the right to take out sick leave if the child gets sick. At the same time, there are a number of nuances that should be considered in detail.
If the wife is okay
Let us repeat: it has developed in our society that the bond between child and mother is stronger. Many fathers themselves believe that a woman’s job is to look after the children.
But that's not what this is about. The Family Code of the Russian Federation states that mother and father have equal rights to participate in the life of a minor , raise him, and care for him. Any restrictions in this area would be clearly illegal. The Federal Law does not say that only the mother can take sick leave to care for a child. The wording there is “general”: “insured person” and “care for a family member.”
Thus, if it is dad and not mom who issues sick leave, then it will be completely legal.
Mom is on maternity leave
Can dad take a sick leave certificate if mom is on maternity leave? Maternity leave is provided specifically so that a parent can care for a young child. Thus, there is no need for the second parent to obtain sick leave. This is, if you think logically.
In paragraph 40 of the Order, which was mentioned, it is stated in plain text that a certificate of incapacity for work is not issued if:
- maternity leave takes place;
- maternity leave for children up to 3 years old.
We are obviously talking about a mother who is on maternity leave.
However, if she is not entitled to sick leave, then even less so is her father.
Attention! The father has every right to take parental leave, provided that the mother works at this time.
When mother is in the hospital
Will the husband be given a certificate of incapacity for work if his wife is in the hospital? In part, the issue is debatable. But it seems that in this case the dad can leave the workplace legally.
After all, if he does not issue a sick leave, then the mother will probably have to take care of the minor.
But she will not be able to do this efficiently due to the state of her health.
If dad is not my own
The Federal Law indicates that it is possible to care for a sick family member. For whom exactly? All possible family members are listed in Article 2 of the RF IC:
- Spouses.
- Parents and children.
- Adoptive parents and adopted children.
- Other relatives, in cases provided for by law.
It follows from this: if the adoption procedure has not been implemented, guardianship or guardianship has not been established, then the man living with the mother is a stranger to the child. That is, such a person cannot care for a minor. Or rather, he will not be given sick leave. And they will do the right thing.
If it were otherwise, there would be a serious risk of abuse of law: it would be possible to care for all the neighboring children, citing the fact that there is some kind of relationship between the one who wants to take sick leave and the mothers of minors, which is usually called a “civil marriage” .
If a woman is on maternity leave for a child under 3 years old.
A sick leave certificate for the child’s father is not issued if the woman is on leave to care for a child who is under 1.5 or 3 years old.
If the mother falls ill during this period, she can interrupt her leave so that her husband or other relative can take it.
For this you will need:
- write an application to the HR department for early termination of vacation;
- obtain a certificate stating that the woman has returned to her workplace and payments have been stopped;
- write an application to the father’s place of work to apply for leave to care for a minor.
The man's employer must provide a copy of his birth certificate and a certificate stating that the mother does not receive benefits.
A man has the right to take leave even during maternity leave, which is issued to a woman. However, he will not receive benefits for this period.
After the end of the illness, the woman can write a petition addressed to the employer for re-granting leave to care for the baby, and the father can write a petition to return to the workplace.
Thus, whether dad is given sick leave depends on who is actually looking after the child during the illness.
If a woman is on maternity leave, then a certificate of incapacity for work is not issued to other relatives.
The exception is when the mother herself is ill and is being treated in a hospital. In case of long-term illnesses, it is advisable to take out parental leave for your spouse.
This will allow the woman to receive compensation for a certificate of incapacity for work, and the father to receive benefits for a minor up to 1.5 years.
On maternity leave for the father of a child: how to apply and what payments will be made.
In what cases will a certificate of incapacity for work be opened?
A certificate of incapacity for work can be obtained if:
- There is a family relationship between the sick person and the insured person.
- The child has not reached the age of 15 years. If the mark of one and a half decades has already been passed, then the minor must be treated outside of a hospital, or be disabled.
- The parent is not on leave (scheduled, without pay, on maternity leave, etc.).
That is, there must be a real need to leave the workplace and care for the sick.
General rules for filling out LN
Today there are general rules for filling out different types of BC. It doesn’t matter who the document is issued for, a child or an adult, but there are a number of points that require mandatory attention:
- when caring for a child, code “09” is indicated as the cause of disability;
- in the age line you need to mark how many full years the child is, except in cases where the baby is less than a year old;
- When designating family ties, the following codes are used: “38” - mother; “39” - father”, “40” - guardian; "41" - trustee; “42” - another relative;
- You will need to enter the details of the child (or children) who are being cared for.
All these points are very important for subsequent confirmation of a citizen’s absence from work and for calculating benefits.
How to apply?
Several issues need to be considered.
Where to go?
The right to issue sick leave certificates is vested in medical organizations that have a license to carry out the relevant activities. Simply put, you need to go to the doctor. As for the timing, everything is clear here: the child is sick - you need to seek help right away.
What documents should I collect?
To obtain a certificate of incapacity for work, you will need a passport, birth certificate and compulsory medical insurance policy. Meanwhile, the law says that only a family member can be cared for while claiming benefits.
Do I need to prove a relationship?
The doctor will not issue a sick leave in the name of a stranger. And he will be right. The father will need to confirm that he is the dad. If an authorized medical professional refuses to issue a document illegally, then you can complain about him:
- its leadership;
- to regulatory authorities: Roszdravnadzor and the Social Insurance Fund;
- to court.
Who is entitled to a ballot for a child?
First, let's talk about the fact that not only the mother or father, but also the closest relatives, for example, grandparents, have the right to care for the baby. Of course, this option is permitted by law, but it is important to follow a number of rules. In particular:
- the candidate must be employed;
- the relative is required to be listed as insured by the Social Insurance Fund.
Despite the fact that this right is reserved only for close relatives, blood ties with the child are not required to be confirmed. In addition, after receiving the BC, the document will need to be presented at the place of employment, together with an application for compensation payment.
Benefit payment procedure
Minimum and maximum dimensions
They depend, first of all, on the length of service of the insured person. If the experience is less than 5 years, then you can count on 50-60 percent of average earnings , depending on the circumstances. They don't pay less.
The maximum benefit amount is paid to those who have 8 years of experience or more (Article 7 of the Federal Law).
Conditions on which the amount of benefit depends
- Experience. It has already been discussed. We add that if the experience is 5-8 years, then the benefit will be 80% of average earnings. But only, as in other cases, for a certain period.
- Duration and conditions of treatment. If the conditions are outpatient, then the benefit is paid in an amount depending on the length of service - the first ten days. Next, the benefit amount is calculated as follows: average daily earnings * 50%. If treatment is carried out in a hospital, then the amount of the benefit directly depends on the length of service.
- Child's age. If the minor is under 7 years old, then the benefit is paid for the entire period of treatment, but no more than 60 days a year, in exceptional cases, in case of serious illness - for 90 days.
If the child is from 7 to 15 years old, then they are paid every 15 days for a specific case, no more than 45 days a year. If care is provided for a disabled person, HIV-infected or cancer patient, then the entire period of treatment is paid. In the case of disabled people - up to 120 days a year. There are no restrictions for others.
Read more about sick leave benefits for child care here.
Payment procedure
Unfortunately, it is not possible to derive a universal formula. The circumstances of the individual case must be taken into account. For example: a child aged 9 years was in outpatient treatment for 20 days. He was looked after by his father, who had 10 years of experience.
It turns out:
- Child aged 7 to 15 years – 15 days of sick leave are paid.
- Outpatient treatment - the first 10 days are paid based on length of service, the rest - in the amount of 50% of average earnings.
- 8 years of experience – 100% payment.
Let's say the average income is 900 rubles.
It turns out: 10*900+5*(900/2)=9000+2250=11250. Let's take into account the fact that 5 days remain unpaid. The parent loses 6,650 rubles. But, naturally, the child’s health is more important.
You can find out everything about how sick leave for child care is paid, including the amount of benefits and terms of receipt, here.
For how many days can a document be issued, taking into account the age of the baby?
Regardless of the treatment regimen for a child under 7 years of age, a bulletin is issued for the entire period of illness. Its duration can reach 60 ducks, but no more. The exception is diseases included in the special list of the Ministry of Health. In such circumstances, payment is subject to up to 90 days of illness.
For children 7-15 years old, without taking into account the method of treatment, the period of the bulletin for each case cannot exceed 15 days. In general terms, the period of illness is up to 45 days.
For teenagers over 15 years of age, sick leave is issued, but only for outpatient treatment and for a period of 3 days (up to 7 days by decision of the commission), but not more than a month in total. Special rules are established for children with disabilities. The ballot period for them is longer.
