So, the employee brought you a certificate of temporary incapacity for work. It says that the person was caring for a sick relative. When checking the document, keep the following in mind.
The first point is that sick leave is open on a weekend or holiday. In this case, the Social Insurance Fund may refuse to reimburse the benefit. The fund believes that such a ballot was issued in violation. They say that a certificate of incapacity for work to care for a child (another family member) should be issued from the day the employee was supposed to start work. Of course, if at this time the relative still needs to be looked after. Social insurance auditors make this conclusion based on paragraph 41 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n (hereinafter referred to as Procedure No. 624n). Moreover, the judges support the FSS. In particular, this is evidenced by the resolution of the Federal Antimonopoly Service of the North-Western District dated September 26, 2011 No. A13-12289/2010. True, the court case examined a situation where the old procedure for registering sick leave was still in effect. And it clearly stated: if a child falls ill on a weekend or holiday, a bulletin will be issued from the first working day. Obviously, the fund continues to reason as before, although in Order No. 624n weekends and holidays are not directly mentioned. Therefore, it is most optimal to ask the employee to bring a new sick leave, opened on a working day.
The second point is that a certificate of incapacity for work will be issued to the person who actually takes care of the sick family member. Simply put, this is not necessarily the child’s father or mother. It could be an uncle or grandmother. The main thing is that the person works and is insured accordingly. This conclusion can be made by reading Section V of Order No. 624n.
The third point is that if necessary, the doctor can issue sick leave for child care alternately to different family members. This is provided for in paragraph 36 of Order No. 624n. The most striking example: first the mother sits with the baby, and then the father. But be careful: this rule does not apply if an adult is sick.
The fourth point is that several children fell ill at once. What matters here is exactly how many children get sick. If there are two of them, the doctor will issue one sick leave (clause 38 of Order No. 624n). When, for example, three or more children come down with the flu at the same time, two certificates of incapacity are issued.
Who has the right to receive certificates of incapacity for work?
According to Order No. 624n dated June 7, 2011 (clause 34) of the Ministry of Health and Social Development of the Russian Federation, the opportunity to obtain sick leave is provided to parents, guardians, trustees and other relatives of an ill family member if they make independent contributions to the Social Insurance Fund. At the same time, the law provides for the issuance of appropriate benefits not only to Russian citizens, but also to foreigners and stateless persons legally residing in our country.
Regulatory legal acts ambiguously interpret the concept of “family member”. Eg,
- in the Family Code of the Russian Federation, these are considered to be spouses, their parents and children (including adopted children),
- in the Housing Code - this is the owner himself, his spouse, as well as parents and children, with the possibility of recognizing other disabled dependents,
- In the federal law on the minimum wage in the Russian Federation, such persons include not only citizens related by family ties, but also those living together and running a household.
Due to this variation in wording, the key figure in determining the degree of relationship is the doctor who issues the sick leave.
What to consider when paying benefits
We have discussed the general rules. But there are still nuances that are not directly described in Law No. 255-FZ. They seem to be read between the lines.
When assigning benefits, it is important how many days an employee of your company cared for the sick relative during the year. That is, it does not matter how sick the child or other family member was. After all, not only your employee, but also another person could be with him. And it will have its own limit calculation.
The following situation is possible: for a year, a working mother (55 days) and father (35 days) looked after a sick child under seven years of age. As you can see, individually all these days do not exceed the limit of 60 days. It does not matter that the total may exceed the maximum.
Another trick is related to people who do not get a job from the beginning of the year. Find out how many days of family care the person has already used. That is, ask the new employee to bring a free-form certificate from his previous job stating how many days of care for relatives have been paid since the beginning of the calendar year.
By the way, the number of paid days is calculated according to the rules that were in force at the time of illness.
Let's explain with an example. Example
An employee’s child fell ill on May 6, 2013, and on May 12 he turned seven years old. The baby was sick for 12 days. By the time the child fell ill, the employee had already used 42 days of care for this baby. You need to pay for the entire period of illness. After all, at the time of the disease the child was still six years old. In addition, the limit of 60 calendar days has not been exceeded.
What to do if the employee cared for a child or other relative during his vacation? In such circumstances, the employee is not entitled to benefits at all. This is exactly what the FSS of the Russian Federation thinks, confirmation of this is letter dated August 9, 2007 No. 02-13/07-7422.
The procedure for issuing a certificate of incapacity for work
In the Russian Federation, sick leave is issued on the basis of relevant legislative acts. The basis for the corresponding procedure are Orders numbered 624-n and 347-n of the Ministry of Health and Social Development, which approve the form and forms of the document.
As a rule, sick leave is issued in a clinic where outpatient treatment of the patient is carried out. At the same time, according to Law No. 326 of the Russian Federation “On Compulsory Health Insurance”, insurance policy holders have the right to receive medical care anywhere in our state. At the same time, they have the right to independently choose a medical institution or attending physician.
The issuance of certificates of incapacity for work, in addition to the attending physicians, may in some cases, in agreement with the ministry or local executive authorities, also be carried out by:
- dentists, paramedics and other workers with appropriate specialized medical education;
- attending physicians at clinics of specialized medical research institutes.
After referring a patient for treatment on an outpatient basis, it is necessary to provide official documents on family ties to this medical institution. These can be an identity card, as well as birth or marriage certificates.
In some cases, it may be necessary to provide additional documents, but in practice there are often cases when a local doctor, who is well acquainted with the patient’s family and based on his interests, issues a sick leave certificate even to a person who is not related to him by blood.
Attention! The right to issue sick leave is granted only to clinics that have a state license.
The above-mentioned Orders also clearly indicate medical structures that do not have the right to issue sick leave. They are, in particular, forensic experts, emergency physicians, and their colleagues from emergency departments of hospitals, health resorts, or disaster medicine centers.
Benefit for disabled children
How much do disabled children get paid? They are entitled to monthly cash payments in the amount of 2,919.02 rubles. The basis for receiving benefits is the Federal Law of November 24, 1995 No. 181-FZ and the Law of the Russian Federation of May 15, 1991 No. 1244-1.
Note. The amount of EDV is valid from February 1, 2021 (indexation coefficient 1.049%).
Separately, citizens are entitled to one-time payments when adopting children. For example, in Moscow they give 6,023 rubles for the first child, 15,879 for the second.
Disabled people from childhood, groups 1 and 2 are also entitled to a tax deduction. Its size is 12,000 rubles. for parents and 6,000 rub. for guardians (Article 218 of the Tax Code of the Russian Federation).
How can I challenge a refusal to issue a sick leave certificate?
If a citizen is denied a “ballot”, he can call for help from the company that issued the corresponding policy by writing a statement in its name. If the refusal was motivated by medical indications that exclude the presence of a disease, the patient can turn to another physician. His conclusion, along with the results of tests and other examinations, must be submitted to the district clinic at the patient’s place of residence or placement. All this data must be taken into account when rendering a second verdict.
The next stage of appeal, if necessary, is the regional health authorities, which are obliged to consider the complaints received and carefully check all the facts presented in them.
Benefits for disabled people of group 1
Benefits for disabled people of the first group:
- Disability pension.
- Payments for disabled children.
- Monthly allowance for a disabled child of group 1.
- Monthly compensation payments for the loss of a breadwinner.
- Compensation payments in connection with increased food prices.
- Special conditions for studying at school.
- Special working conditions for guardians.
On a note! Disability pensions are not provided to children.
The list of additional benefits and social payments depends on the region of residence of the person (disabled person, guardian).
For how long is sick leave provided?
This document is issued for three days, which can be extended for the same period if a medical examination reveals such a need. Outpatient therapy for one disease requires issuing a sick leave certificate for no more than 7 days. The total duration should not exceed one calendar decade. In special cases, the extension of sick leave and, accordingly, the number of days paid to the guardian may increase to one month - such a decision is within the competence of a special commission.
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.
How is sick leave calculated?
Benefits at the place of work of a relative (guardian) can be accrued only after a sick leave certificate has been issued.
When paying, in addition to the duration of sick leave, two components are taken into account:
- employee's work experience;
- average daily earnings.
In this case, the employee’s labor income for two years for which insurance contributions were calculated is taken into account, but also taking into account the minimum and maximum amount of income. These restrictions are established by the Law “On Compulsory Social Insurance in Case of Temporary Disability” No. 255-FZ of December 29, 2006.
The same regulatory act establishes the percentage of the daily benefit based on the insurance period. If the latter does not exceed 5 years, this figure is 60% of the standard value, from 5 to 8 years - 80%, and if the insurance period is more than 8 years, the payment is made in full in an amount equal to the average salary of the employee. If his length of service is less than six months, the employee is paid a maximum of one all-Russian minimum wage.
NOTE! The calculation is carried out by the company's accountant - ten days are allocated for this after the sick leave is granted, and the payment is made in his next salary.
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.
Deadline for announcement of the decision
Registration of guardianship takes about 14 days. The guardianship authority is given 10 days to conduct a survey of housing conditions and three days to draw up a report. Usually during this time a conclusion is prepared on the possibility (impossibility) of being a guardian.
Package of documents for guardianship
List of documents for registration of guardianship:
- Application from the applicant.
- Brief autobiography.
- Consent of the ward to receive help from a third party.
- A certificate from the Pension Fund stating that the applicant is not receiving a pension.
- Evidence of non-payment of unemployment benefits.
- Medical report (form No. 164/у).
- Passport of the future guardian.
- Certificate of income from employment for 12 months.
- Consent of all family members to accept someone else's child.
- Marriage registration certificate.
The package of documents depends on who is receiving guardianship (child or adult). Immediately after registration of guardianship, you can apply to the Pension Fund for payment of benefits.
How many days do they give?
A certificate of temporary incapacity for caregiving can be issued for a limited number of days. After the first doctor's appointment, sick leave is issued for 3 days, then it can be extended to 7 days. A patient may have several cases of sick leave for up to 7 days. However, the total duration of sick leave should not exceed 30 days per year.
If this time is not enough to care for a parent, then the employee can take leave at his own expense at the discretion of the director.
Does the number change if mom or dad is considered elderly?
The number of days remains unchanged in accordance with clause 35 and clause 36 of the Procedure established by Order of the Ministry of Social Development No. 624n dated June 29, 2011. The exception is caring for bedridden patients, children under 15 years of age and patients with diseases requiring surgical intervention.
How is such a disability document closed?
The issuance procedure is regulated quite strictly, and any violation may lead to the employer marking the employee’s absence as absenteeism. To close the sick leave, it is necessary to appear for the last examination by the attending physician for the patient and the employee who was issued a certificate of incapacity for work.
Sick leave may be closed if:
- The patient is recovering.
- The maximum period for issuing sick leave for a specific employee has been exceeded. In this case, a new one starts and the old one closes.
- Sometimes the employee himself can ask for the closure of sick leave. The doctor has the right to refuse, based on his own decision regarding the patient’s health.
The closing date of the sick leave must correspond to the date when the doctor signing the sick leave was at work , otherwise the document may subsequently be declared invalid.
A sick leave certificate is the only basis for the employer to enter information in the time sheet about a valid reason for the employee’s absence.
Who is entitled to social assistance?
The following have the right to a social worker:
- Elderly citizens.
- Disabled people.
- Families with small children who find themselves in difficult life situations.
- Large families.
- Families with disabled children.
- Other citizens who find themselves in difficult life situations.
That is, the law guarantees that social assistance to the poor can be provided on an equal basis with other groups of the population who have difficulty providing for themselves in everyday life. The conditions for the provision of social assistance can be clarified at the regional Social Service Center.
