We fill out the documents correctly: until what age is the child given sick leave for the mother?

Employers know that employees with children sometimes go on sick leave not only because of problems with their health, but also to care for the child.

Perhaps this creates inconvenience at work, because someone must fulfill the duties of the absent employee. But the law is on the side of mother and child, it gives the mother the opportunity to care for the patient so that the recovery is quick and complete.

In addition, not all diseases require hospital treatment; for many, it is enough for the child to take medications at home. Mothers will be on sick leave with their children for as many days as the course of treatment lasts and as long as the law allows her to be absent from work. But over time, the child reaches an age when he can be treated at home during the mother’s working hours himself.

Until what age do you get sick leave with a child? A sick leave certificate is not only a confirmation of a valid reason for absence from work, it is also the basis for disability payments. It must be executed correctly and for the number of days that will be paid.

As a standard, parents can go on sick leave to care for a child until he or she comes of age, but there are nuances in paying for the leave and other issues.

Who can take sick leave to care for a child?

A sick leave for child care is an official document that is issued by a doctor when a child is diagnosed with any disease and guarantees the payment of temporary benefits to a working relative. If previously only close family members - father, mother or guardians - were allowed to care for the sick, then since 2014 the rules have changed.

Now the doctor issues sick leave to any relative who will care for the child during illness. Situations are not allowed when, for example, sick leave is issued to the father, the mother or grandmother sits with the child, and the father goes to work.

Neither the degree of relationship nor whether the child lives together or separately with a caring relative is taken into account. The only point: a family member must work and be registered with the social insurance fund (FSS). Mothers who are on maternity leave due to pregnancy or caring for a child under 3 years old, but who work part-time or are engaged in light work, can apply for sick leave.

How to calculate maternity benefits in 2021

A certificate of incapacity for work cannot be issued:

• for a schoolchild or student;
• for an unemployed pensioner;
• for a mother who is not working or is on maternity leave.

If a child has a long-term illness, sick leave is issued for several family members (in turn) within the period established by law, but only for one of them at a time.

The employer does not have the right to demand documents confirming relationship; to receive benefits, it is enough to present a certificate of incapacity for work with a stamp. Grounds for release from work:

• acute course of the disease in a child or exacerbation of the chronic stage;
• treatment that will require the intervention of treating personnel or a set of measures using medications.

Sick leave is not issued for the treatment of chronic diseases in remission.

If two children are sick, one sheet is issued. If there are three or more, a second sick leave is issued. In cases where one of the children has already recovered and the second is sick, the certificate of incapacity for work is extended until the last patient is discharged.

Treatment can take place on an outpatient basis at home with regular visits to the doctor and drug treatment, or as an inpatient treatment in a day hospital or with hospitalization of the patient. In the latter case, serious medical intervention may be required and the child must remain in the institution together with an adult relative.

Personnel subtleties

When determining the amount of sick pay, a number of features are taken into account, knowledge of which helps to avoid unlawful deduction of wages and other troubles.

Does this period extend the holiday?

If an employed citizen is on vacation and his children are sick, when he issues a sick leave and submits it to the manager, the vacation is postponed or extended for a time sufficient for the minor’s recovery.

If it coincides with dismissal

When the illness of children coincides with dismissal (1-2 days before it), payment is due for the entire period noted in the sick leave. The employee is not paid until this document is closed.

What to do if you need to take it before vacation

It’s better to take sick leave and then go on vacation. If this is not possible, the vacation can be postponed or, by agreement with the employer, extended by the number of days spent with sick children.

Is it valid after dismissal?

After dismissal, sick leave related to childcare is not paid.

Is it possible to apply retroactively?

Any manipulation with the rules for maintaining and issuing sick leave is illegal.

What to do if they didn’t give you a slip

If the pediatrician does not issue a certificate of incapacity for work, they contact a higher authority - the head physician of the clinic.

Does the Employment Center issue this document?

Certificates of incapacity for work are issued by the attending physician; no other structures have the right to issue them.

Registration of sick leave

To receive sick leave and leave from work, the employee must go with the child to the medical institution at the place of registration of the minor. For outpatient treatment, the form is drawn up by the local doctor. He starts it at the first visit of the child with an accompanying person and extends it at the next visit. A relative must be present at every appointment so that the sick leave is extended in a timely manner and closed on time.

If inpatient treatment is necessary, a certificate of incapacity for work is opened by the attending physician in the hospital. A family member receives sick leave only if they are constantly with the minor. In both cases, the following documents will be required to open.

1. Child's birth certificate.
2. Passport of a caring relative.
3. Child's medical insurance.

After opening the certificate of incapacity for work, it can be immediately handed over to the caregiver or it can be constantly kept by the doctor until it is closed. In the first case, the adult will need to take the document with him every time to a doctor’s appointment in order to renew it. The second option is more convenient, but the relative will receive sick leave only after discharge.

Always contact a medical institution in a timely manner, since the opening of sick leave occurs directly on the day of the first visit. It is impossible to prepare the document earlier, and it will also be impossible to come to an agreement with the doctor - each sick leave at the clinic is officially recorded in the order of priority.

Procedure for calculating and paying sick leave

The benefit amount is calculated based on the completed certificate of incapacity for work. If it is completed without errors or omissions, payments should be received within 10 days. The employee receives compensation along with the next payment of wages. The entire amount of benefits from the first day of sick leave is paid by the Social Insurance Fund. The principle of payment for the first 3 days by the employer, as in cases of illness of an adult, does not apply.

If an employee has 2 places of work and is employed there (for example, work and part-time work), he receives 2 certificates of incapacity for work. But only if the place of work has not changed in the last 2 years. In other cases, one sheet is issued, which the employee presents to the employer at the current place of work or at one of them.

How many days are paid

The Social Insurance Fund pays benefits for the entire specified period, so restrictions apply to the period for which a certificate of incapacity for work is opened. The timing depends on the age of the child and the method of treatment and is strictly limited both for one disease and for all sick leave during the year.

* In the case of a child’s disease included in the List of Diseases established by the Federal Authority.

The table shows that relatives of children over 15 years of age are entitled to only 3 days for each disease, and only in the case of outpatient treatment. This period can be increased to 7 days by decision of the medical commission. Treatment in the hospital is not paid for - it is believed that in the hospital the medical staff will be able to provide all the necessary care to such adult children.

In some cases, deviations from the general principles of calculation are possible:

• During the quarantine period in kindergartens, a relative of a preschooler is paid for the entire period of stay at home with the child.
• Relatives of a disabled child are paid for the full period of treatment within one sick leave, but not more than 120 days annually.
• Care for HIV-infected children is paid without restrictions on the length of sick leave.
• Providing care for patients with complications after vaccination or cancer is paid in full for the entire period.

If the paid sick leave period for a year has expired, but the child’s recovery must be continued, the employee has the right to remain on sick leave. Exceeding the limit will not be paid by law, but absence from work will serve as a valid reason.

The employer must keep records of the total number of days of sick leave for child care.

How to properly prepare a document?

Where to apply and when?

The mother must apply for a certificate of incapacity for work immediately after identifying the disease. The sheet can be issued only upon contacting a medical institution or calling a doctor to your home on the current date.

It is not allowed to open sick leave retroactively or for a future date. To obtain the document, the mother must contact:

• to a local pediatrician or a specialist doctor if the child’s treatment is carried out on an outpatient basis;
• to the attending hospital doctor if the child will be treated in a 24-hour or day hospital.

Sick leave for a child is issued to all officially employed mothers. To complete the document, the mother must be present in person with the sick child when visiting the clinic, as well as when calling a doctor at her place of residence. The doctor can issue a certificate of incapacity for work on the first day of application or on the day of its closure.

In the first case, the mother will need to have the document with her to renew or close it, and in the second case, during the entire period of the child’s illness, the sheet is kept by the attending physician.

Documentation

When applying to a medical institution to obtain a sick leave certificate, the mother must have the following documents with her:

• child's birth certificate;
• compulsory medical insurance policy;
• passport.

Even if it is not the mother, but another relative who applies for the document, as a rule, a document confirming the relationship with the sick child is not required.

Writing an application

To receive cash payments for sick leave, you must not only provide the employer with a document from a medical institution, but also fill out the appropriate application. The application form is established by the Order dated November 24, 2017. No. 578.

The application can be handwritten or typewritten. In any case, the document must be free of errors or any corrections. All entries are made within the designated cells.

The statement notes points relevant to the specific situation:

• insurance case;
• method of payment of benefits;
• personal data of the recipient;
• details of the sick leave certificate;
• employer's name;
• date of application;
• applicant's signature.

There is no need to put any marks in columns that do not relate to a specific case. The completed application form along with the original sick leave certificate is sent to the employer.

Calculation of sick leave

The employee’s length of service and average daily wage are taken into account. The work experience takes into account only the period of time from which the employee was officially employed and registered with the Social Insurance Fund. Let us analyze the features of both factors in calculating the payment amount.

Employee's length of service and percentage of payment

If the child was treated in a hospital, then the entire amount of payments must be calculated relative to the length of the experience. When treating at home based on length of service, the first 10 days of sick leave are paid, then 50% of the average wage is taken into account.

In digital form, the data looks like this:

• Work experience of up to 6 months is paid according to the minimum wage per month, but not less than 398.79 rubles for each day of sick leave from January 1, 2021.
• With work experience from six months to 5 years, 60 percent of average earnings are taken into account.
• Experience 5-8 years - 80%. Continuous work experience of 8 years or more is paid 100% of the average salary.

What will the minimum wage be from January 1, 2020?

Average daily earnings

When determining average daily earnings, several factors are decisive.

1. Previous years of work. Only the last 2 years before the date on which the certificate of incapacity for work was issued are taken into account. For example, when calculating benefits in 2021, average earnings for 2021 and 2021 will be taken as a basis. If at this time the employee did not have a salary (for example, a woman was on maternity leave in 2021 and 2021), then the amount is taken for previous years, in our case for 2021 and 2017. If the salary for these years is less than the minimum wage or was absent (the person has not worked before), then the minimum wage is taken as the basis for the calculation.
2. The amount of average income for the year. The average salary for the year cannot exceed the maximum base for contributions to the Social Insurance Fund. If there was a change in years in the selection of the period for which the payment is calculated, then the amounts are used for the corresponding year.
3. All insurance payments for which contributions were accrued to the Social Insurance Fund. The calculation takes into account salary, bonuses, allowances, vacation pay, and travel allowances. Payment for sick leave, maternity leave or payment under a non-employment contract is not taken into account.

The amount of average daily earnings is calculated by adding the average annual amounts and dividing them by 730 days. The number of days always remains the same.

Example of sick leave calculation

Let’s assume that employee A. A. Izumrudova has been working at Golden Globe LLC for 6 years and 4 months. Izumrudova has a son who is 5 years old. In February 2021, she was on sick leave with him for 7 days. On October 18, 2021, the child fell ill again, and the mother turned to the local doctor, who prescribed him outpatient treatment and opened a sick leave. After 14 days, Izumrudova’s son recovered safely and was discharged on October 31. Citizen A. A. Izumrudova received a closed certificate of incapacity for work.

So, let's see how the payment amount will be calculated. The child is 5 years old, so a maximum of 15 days and up to 45 days per year can be paid for one case of sick leave. In our case, 7 days. + 14 days = 21 days This means that the citizen will be paid for the entire period of her sick leave.

Izumrudova’s average earnings for 2021 amounted to 650,000 rubles, for 2021 - 700,000 rubles. We calculate the daily average:

(650,000 rub. + 700,000 rub.) / 730 days. = 1,849 rub.

The length of service gives a citizen the right to receive 80% of the average income for the first 10 days of sick leave. The remaining 4 days are calculated at 50% of the average wage:

RUB 1,849 × 80% × 10 days. = 14,792 rub.

RUB 1,849 × 50% × 4 days. = 3,698 rub.

In total, the total amount of disability payment will be 14,792 rubles. + 3,698 rub. = 18,490 rub. Remember that you will need to pay personal income tax on the payment amount.

Special cases of registration and payment

The legislation provides exceptions in standard cases of issuing sick leave for parents to care for a sick child.

IMPORTANT! The Ministry of Health of the Russian Federation has published a list of children's diseases for which the mother can be on paid sick leave for up to 90 days a year.

Another exception. The sheet can be issued for the entire period of treatment of a child under fifteen years of age in the following cases:

• Complication after vaccination.
• Hospitalization for burns.
• Hospitalization with a tumor.
• Hospitalization with blood poisoning.
• Mandatory treatment for disability. Sick leave will be paid even for up to 120 days a year.

With such a common viral disease as chickenpox, which requires the child to remain in quarantine, the mother can be with the child under the age of fifteen on paid sick leave for up to ten days.

The mother is paid for the entire period of treatment of the child if he suffered from radiation or during removal from the exclusion zone.

Filling out a certificate of incapacity for work

The sick leave form has the official form established by order of the Ministry of Health and Social Development. The document must be filled out accurately and without errors; entries are made in certain columns. Each item is divided into cells and filled in from the first square without gaps. You cannot go beyond the boundaries of the cell. It is necessary that each letter or number is completely contained in the square and does not touch its edges.

Let's look at an example of how to fill out a certificate of incapacity for work.

1. The first few points are standard - information about the medical institution, date of issue of sick leave, full name of the adult, date of birth and place of work.
2. In the paragraph “cause of incapacity” the numbers 09 are entered - for care.
3. Information about the minor is entered in the “care” column. The first 2 digits are age, the next are the nature of the relationship (38 - mother, 39 - father, 40 - guardian, 41 - trustee, 42 - other relative). Next is the child's full name. In our case, there are two children cared for by their mother.
4. The item “exemption from work” reflects all extensions of sick leave. The total period is calculated from the first to the last date. The position and full name of the doctor are also indicated. Below is the date from which the parent must return to work.

Filling with a gel pen with black ink is allowed; the doctor can enter data on the printer. The certificate of incapacity for work is divided into 2 parts: one is filled out by the doctor, the second by the employer.

Certificate of incapacity for work

Before taking the document to work, make sure that the health worker has filled out all fields correctly and without errors. An incorrectly completed document will not be paid for. The employer, for its part, attaches a full calculation of the payment amount, printed in free form, and enters only the final figures on the sheet. In our case, the item “at the expense of the Federal Social Insurance Fund of the Russian Federation” is filled in.

Document filling form

The certificate of incapacity for work is prepared in accordance with the standard that was adopted back in 2011. The text is entered into the appropriate columns by hand using black gel ink or using a printing device. If there are errors, the document must be reissued, because a damaged form will not be recognized when scanned.

The form includes the following sections:

• Name;
• unique document number and barcode;
• name and address of the institution where the sick leave is issued;
• Full name, date of birth, place of work of the citizen to whom the certificate of incapacity for work is issued;
• the reason for disability in the form of a digital code;
• FULL NAME. and the age of the minor;
• dates of release from work;
• position, full name and the doctor's signature.

The column “Start work from...” is required to be filled in, indicating the day from which the employee should resume professional duties. The seal of the medical institution is also affixed. Additionally, the document has a section for the employer to fill out. The information is entered into the appropriate columns by the accountant of the enterprise where the person works.

In 2021, the legal significance of the electronic sick leave form was approved. However, the traditional form of the document has not undergone any changes.

Is sick leave paid during vacation?

Child care is not paid in cases where the caregiver does not need time off from work. Such cases include: paid leave, maternity leave for pregnancy and childbirth or to care for a child under 3 years of age, leave without pay.

Letter of Rostrud dated 06/01/2012 N PG/4629-6-1

Opening a sick leave is relevant if the adult is already returning to work from vacation, and the child has still not recovered. Then the vacation is extended, and sick leave starts from the first working day. If a child catches a cold before a planned vacation, only the days before going on vacation are paid according to the certificate of incapacity for work.

Let's give 2 examples.

• The mother goes on paid leave from September 12. The child fell ill on September 8, and the sick leave was closed on September 20. In this case, the employee will be paid benefits for 4 days: September 8, 9, 10, 11.
• The daughter fell ill on March 27 while her mother was on vacation. The mother goes back to work on April 3, and the daughter recovers on April 7. Sick leave opens from April 3 to April 7, and benefits are accrued for 5 days.

A working person needs to be attentive to the preparation of sick leave for child care, in order not only to present the employer with a valid reason for absence from work, but also to receive the full amount of the required payment. Study all the details carefully.

What does age affect?

Firstly, age is directly related to the number of days for which the child care allowance will be transferred. As stated, if the child is between 7 and 15 years old, they will pay in just 15 days

. If the minor is between 15 and 18 years old, then at best 7 days will be paid.

Expert opinion

Novikov Oleg Tarasovich

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

The legislator’s logic is as follows: the older the child, the less you need to sit with him and care for him. At 15 years old a person is completely independent. The main thing is to help him pass the peak of the disease, and then he can recover on his own.

Second, age affects how many days a year a parent or other relative can take to care for a sick minor. The limitations have been stated, but let us repeat:

• if the child is under 7 years old, the benefit can be paid for 90 days;
• if the child is 7-15 years old, then the benefit is paid for a maximum of 45 days when a parent or other relative is on sick leave;
• if the child is from 15 to 18 years old, 3 days to 30 days per year will be paid;
• if we are talking about caring for a disabled person, then up to 120 days of absence from work are compensated.

This material tells you how many days you can take sick leave to care for a child.

Remember

• Sick leave for child care is paid to the employee after dismissal in full and according to general rules if the child falls ill before the last working day.
• If the wife is on maternity leave, but cannot care for the child (she is in a hospital or maternity hospital), then the husband can take sick leave.
• Sick leave for caring for two children is paid based on the total limit for each child.
• Sick leave for child care is paid in full on weekends and holidays.

If two children get sick

If two children are ill, the certificate of incapacity for work is issued in one copy. If the illness occurred during the illness of the first child, then one sick leave is issued, but begins from the onset of the illness of the first. Closing occurs only when you have recovered. It lists all sick children and the age of each.

If there are family circumstances, it is possible to issue sick leave to different relatives alternately. If several relatives are caring for children, then all of them are given sheets with the only child registered there.