Current labor legislation states that any relative who will care for a sick child can take sick leave to care for a child. The legislation does not contain a list of persons who can take sick leave to care for a child. There is only an indication that it must be a relative. In this case, confirmation of the relationship and its degree is not required, and the demands made by the employer may be considered illegal.
Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
8 (800) 350-31-84
If we talk about who exactly can be considered a close relative, then we should refer to the provisions of the Family Code. In accordance with its provisions, such relatives should include spouses, parents, children, grandparents. However, cohabitation is not a prerequisite.
Based on the above, it can be noted that the father of the child, even if he does not live with the child, has the right to take sick leave to care for him if he actually takes care of the sick child.
However, established practice in the field of labor relations shows that usually the child’s father, when providing sick leave to the financial department of his employer in order to subsequently receive payment from the Social Insurance Fund, must supplement the certificate of incapacity with a certificate confirming the reasons why the child’s mother could not take sick leave (this requirement is nowhere is not fixed, but according to established practice, the Social Insurance Fund can find any reason to refuse to pay sick leave to the father without such a confirmation document).
There can be any number of reasons why the mother of a child cannot take sick leave. However, an exception to this rule is her stay on maternity leave to care for a child under three years of age, if such leave is not interrupted for any reason, or she is with another child in the hospital in an inpatient setting and is not able to care for that child , for whom sick leave is opened.
About maternity leave
Every employed woman has the right to go on maternity leave if she is pregnant. Vacation officially begins from the 30th week of pregnancy, but you can work longer, right up to the birth. It depends on the wishes of the expectant mother and her state of health. Conventionally, this period can be divided into the time before childbirth and the days after it. In ordinary cases, 140 days are given so that the woman has time to prepare for the birth of the baby and recover from it. However, the period may be extended for certain reasons.
Important! If a woman carries two or more fetuses at once, then she will be given 84 days before giving birth, and 110 days after. Therefore, in this situation, the vacation will be much longer.
It also increases if the birth was complicated. Instead of the required 70 days, they give 86 after the baby is born.
Separately, we note that maternity leave and parental leave should not be confused. These are completely different concepts, and in the second case, the woman has the right to temporarily not attend work due to the fact that there is no one to stay at home with the baby. As you know, it is impossible to enroll a child in kindergarten almost immediately. Therefore, the mother has to spend all her free time with him if her relatives cannot help her. She has the opportunity not to go to work until the baby turns 3 years old. After this, you will either have to send him to kindergarten or think about leaving work.
A woman on maternity leave has the right to receive money for this period. Moreover, the amount cannot be less than the minimum wage. By the way, not only the mother, but also the father or other relative can go on postpartum leave. Therefore, the family can determine for itself exactly who will take leave and look after the child.
This is important to know: Is it possible to open a sick leave on Saturday or Sunday?
Design algorithm
In case of maternal illness
If the mother gets sick on maternity leave, will the child's father be given sick leave?
Extreme necessity allows for the use of the father's resource if a woman on maternity leave gets sick.
Regardless of the severity of the disease, the father has the right to join in caring for the baby.
In emergency cases, it is permissible to notify management by phone and not even go to work if the child is left unattended. For example, if the mother is hospitalized due to an ambulance call.
The employer does not have the right to impose a disciplinary sanction on the employee in this situation, but the urgency of the measures taken by the father must be documented.
In other cases, the father’s step-by-step actions depend on the nuances of the situation.
This is important to know: How sick leave is paid without experience
A woman’s illness that requires other people to care for her baby can be expressed by :
- In hospitalization , when the baby is left unattended and the father's support is required.
- In outpatient treatment , when the baby should be temporarily protected from contact with the mother. For example - with influenza, ARVI.
- With simultaneous illness of mother and child.
In the first case, the father will have to obtain a certificate confirming that the mother is in a medical institution. In the second and third - a certificate with recommendations from the attending physician, who can be called to your home.
After receiving the certificate, the father has the right to apply for sick leave:
- If a woman is on paid postpartum leave, until the child is two months old.
- If the baby is sick.
However, such situations are often met with obstacles from medical staff who refuse to issue sick leave to the father. Such actions are unlawful due to the norms of clause 4 of the Order of the Ministry of Social Development, which entered into force on June 29, 2011 under No. 624-n .
Accordingly, the condition of a sick mother, officially confirmed, may be considered inappropriate for caring for a child.
If obstacles arise in obtaining a certificate of incapacity for work, the father or other relative should indicate the authority regulated by these norms.
If the sick child is under two months old, with the certificate received, you should contact the children's clinic at your place of residence or registration - the doctor providing patronage.
He is obliged to issue sick leave for caring for a newborn, even if the child is healthy.
If there is opposition, you should appeal the doctor’s decision to the head of the local clinic.
In other cases of illness of the mother, with the normal physical and somatic condition of the baby, it is necessary to resolve the issue with the employer. According to the regulations, it is permissible to interrupt a mother’s planned inpatient stay with an application to return to work.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The employer is required to issue a severance order. Subsequently, the employee submits a sick leave certificate, which is paid in accordance with established standards. During this period, the child's father:
- Takes out parental leave with benefits if the child is under one and a half years old.
- Issues leave without pay if the child is between one and a half to three years old.
The basis for registration will be:
- a copy of the order to interrupt the mother’s vacation;
- child's birth certificate;
- application addressed to the manager.
After the woman recovers, the parents agree on further stay on maternity leave . The employee has the right to resume the designated leave by submitting an application to the employer.
If your baby is sick
Sick leave during maternity leave, issued for a sick child temporarily left without mother's care, sick leave is issued.
To receive it, the father will need to take a certificate certifying the mother’s condition and present it to the children’s clinic where the baby is being monitored .
Such treatment is legal until the child is three years old.
The certificate must indicate the person who will continue to care for the child.
This entry is made by the woman’s attending physician, in her words, and is verified together with the rest of the information included in the extract.
In emergency cases that do not provide the woman with the opportunity to register information, responsibility for the child is delegated to the father .
Any attacks on his legal rights should be challenged on the basis of the provisions of Article 60 of the Family Code, which regulates the role of parents as legal representatives of their minor children, obliged to fulfill the legitimate interests of them.
If the head of the clinic refused to issue sick leave during maternity leave following the pediatrician, and the employer did not provide conditions for caring for the baby, the situation allows for filing a claim , with the recovery of material, and in other cases, moral damages, for proportionate harm received.
Sick leave for husband during wife's maternity leave
Various situations happen in life, and it may happen that a woman who took a vacation falls ill herself and therefore cannot care for her newborn. It’s one thing if relatives or friends can help her at this time. But it’s different if there is no one who could temporarily look after the child, and possibly even herself.
In this case, you may want to issue sick leave to your dad. But people don’t understand whether they will give it if the mother is on maternity leave. As already mentioned, the answer depends on various nuances, so you need to consider possible situations. Of course, it will not be enough to simply say: “Give me sick leave.” It will be necessary to justify why this is necessary and there are no other options for solving the problem.
Let's say that mom is very sick and we are not talking about a common cold. It is likely that she even had to go to the hospital to improve her health. Because of this, the child is left at home alone, and the woman cannot care for him during this time . In this situation, the father can receive sick leave, since the baby cannot be left alone unattended. And the man will be able to stay at home as long as his wife is undergoing treatment.
There is another situation when the youngest child gets sick and the mother needs to go to the hospital with him. But at the same time, the eldest, for example, a 6-year-old, remains at home. There may also be a strictly opposite situation, when it is necessary to go to the clinic with a preschooler, but the baby remains at home. I can say that a man will have the opportunity to get sick leave in such a situation.
However, if a minor is sick, and the woman is on maternity leave and can physically look after him, then the man should not be surprised why he does not receive sick leave. The state simply will not see a reason for another parent not to go to work. After all, a mother can take care of a sick baby, therefore, there is no particular need for a man to take time off from work. But, in any case, you can try to convince doctors otherwise.
Can a father take sick leave to care for a child and how to do it legally?
Traditionally, mothers sit with sick children. Meanwhile, the question arises: can the father go on sick leave if the child is sick and the mother cannot leave her workplace or does not want to leave him temporarily; will he be given a certificate of incapacity for work if the mother is on maternity leave? What does the law say?
In this article we will talk in detail about whether a father can take sick leave to care for a child and how to do it.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Is it possible to extend sick leave?
The term “extension” means:
- increasing established annual limits;
- increasing the extension of sick leave open for a certain period (if the limit is not exceeded).
The established annual limit on paid sick days cannot be extended. At the same time, there is no time frame for “free” sick leave.
In a particular case, you can extend the days of open sick leave in the hospital. The decision to extend is made at a meeting of the medical commission.
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.
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” .
Issuance of sick leave to the father while the mother is on maternity leave
Clause 41 of the order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n states: “ If a child becomes ill during the period when the mother ( another family member actually caring for the child
) does not require release from work (annual paid leave, maternity leave, parental leave until the child reaches the age of 3 years, leave without pay), a certificate of incapacity for child care (in the case when he continues to need care) is issued from the day when the mother (another family member actually caring for the child) must begin work
.”
The father of a sick child must pay sick leave, even if the child’s mother is on maternity leave. As Tatyana Ilyukhina, a specialist in the Department of Legal Support of the FSS of the Russian Federation, explained to the Chief Accountant, this follows from subparagraph 2 of paragraph 1 of Article 5 of the Federal Law of December 29, 2006 No. 255-FZ. It provides for the payment of temporary disability benefits when it is necessary to care for a sick family member.
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.).
This is important to know: Payment of sick leave for children of Chernobyl liquidators
That is, there must be a real need to leave the workplace and care for the sick.
Can a husband receive maternity benefits instead of his wife in 2021?
In 2021, a husband can receive money for his wife only if he is on parental leave, that is, if he took care and applied for a leave benefit for himself. The husband is not entitled to any other payments, since the mother carries and gives birth to the child. The very formulation of the question “maternity benefits for the father” is legally illogical and even meaningless.
- The husband must write a written statement addressed to the management of the enterprise or organization.
- Submit a photocopy of your beloved child's birth certificate.
- Attach to the documents an extract stating that the wife is not on similar leave and is not able to receive maternity benefits, because she is unemployed.
We recommend reading: How to repay a loan early VTB 24
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.
Benefit payment procedure
Minimum and maximum dimensions
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.
- 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.
Deadlines
- 10 days if the sick leave is “paper”.
- 15 days if electronic sick leave is issued.
Read more about how many days sick leave is given to care for a child from 7 to 15 years old and other ages on an outpatient and inpatient basis, read here.
Thus, the father, in most cases, may not go to work if the child is sick and take care of the minor. It is important to know how to correctly calculate the amount of benefits so as not to be deceived.
If you find an error, please select a piece of text and press Ctrl+Enter.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
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.
Will dad be given sick leave during maternity leave or maternity leave?
The vast majority of people do not see the difference between maternity leave and parental leave. For them, any time that a woman completely devotes to motherhood, as if “resting” from work, is called “maternity leave.”
However, this is not the case at all. Even fewer people can accurately answer the question of who and how can replace a “working mother” if she suddenly gets sick?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
What is maternity and parental leave?
So, as is already clear, these are two different vacations. Maternity leave (also known as pregnancy and childbirth) is the period that a woman is given to actually reproduce a child and rehabilitate herself after childbirth (Article 255 of the Labor Code).
Article 255, Labor Code of the Russian Federation. Maternity leave
Women, upon their application and on the basis of a certificate of incapacity for work issued in accordance with the established procedure, are granted maternity leave of 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state social insurance benefits in the amount established by federal laws.
Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used by her before giving birth
The process of obtaining it is very simple and consists of only two components:
- the employee receives sick leave from the doctor;
- Based on the document, she writes an application addressed to her boss for leave.
The doctor cannot open a certificate of incapacity for work later than the beginning of the thirtieth week of the employee’s pregnancy. True, the expectant mother herself can postpone the start of her vacation to a later period (she reflects this in a statement that she writes to the employer).
This usually happens at the very end of the year, when the question arises - for which year to open maternity leave, for the current year or at the beginning of the next.
Even if a woman does not work, but is a student or does military service, she still has the right to maternity benefits (at least one minimum wage).
The second is called parental leave - and now it can be received not only by the mother, but also by the father or another relative who is entrusted with the function of a guardian, for example, a grandmother, grandfather, aunt or uncle (if there are no closer ones).
Moreover, they do not even have to live in the same territory. It will be enough to notify the head of the company where the relative works and confirm the need for absence with the relevant documents.
Rules for receiving maternity payments for a wife by a husband at his place of work
- Federal Law 05/19/1995 No. 81 “On state benefits for citizens with children” (establishes the types of benefits transferred, the procedure for their calculation, terms of provision, the list of persons entitled to receive them);
- Federal Law 12/29/2006 No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity” (establishes the types of insurance coverage, the procedure for calculating the amount of payments, the timing of the transfer of funds, their amount);
- Order of the Ministry of Labor dated April 30, 2013 No. 182 (determines the form of the document on the amount of wages for the two years preceding the application for calculating maternity benefits);
- Order of the Ministry of Social Development dated 12.2009 No. 1012n (regulates the procedure for assigning and transferring funds to persons with children);
- Order of the Ministry of Social Development dated January 31, 2007 No. 74 (establishes a list of circumstances recognized as valid in case of late application for financial assistance in connection with pregnancy, childbirth, and child care).
- Name of company;
- Manager details;
- Employee data, indicating the work unit, as well as position;
- Application for payment of funds (indicate the date and details of the child);
- List of attached information;
- Date of compilation and signature of the employee.
Is the father given days off for the child during the mother's maternity leave?
They give (Article 256 of the Labor Code). Even not only when the mother got sick or went on maternity leave for one child, and the second is sick, because... The father will be given “childcare” leave for a reason that has nothing to do with health - for example, the mother earns much more than her husband. More often, however, the reason for such a step on the part of a man is precisely the ill health of the mother or one of the children.
Not only the child’s father, but also other relatives – grandparents – can come to the mother’s aid. Moreover, at different periods, different relatives can care for a new family member, for example, six months dad - three months grandmother. This does not in any way affect the principle of calculating the vacancy benefit for this category.
What to do if your wife gets sick?
Connect yourself. There is no need to be afraid, the employer will not consider that you disappeared somewhere for an unexcused reason and will even pay you for the period of absence. True, this is only possible if there are labor (and not civil law) relations between you and the company.
Mom can't take care of the baby
Even if the wife is on maternity leave, but gets sick and needs help, the husband or another “connected” family member can take out a sick leave “for the children”, and he is obliged to issue it and pay for it (Federal Law No. 255-FZ of December 29, 2006 year), while the woman does not lose maternity leave.
Parental leave will not be granted only when there is no point in it. That is, in cases:
- annual paid vacation;
- maternity leave (child care begins only after maternity leave);
- leave without pay.
How to confirm your health status?
A medical report, for example confirming the fact of hospitalization. In general, the relative replacing her is not obliged to do this in any way. But on the other hand, in this case, the boss of this same relative is not obliged to meet him halfway.
Therefore, a document received from the antenatal clinic will be of great help, indicating that the pregnant woman needs to be isolated from a sick family member (for example, if we are talking about caring for an older son or daughter, and a new member is expected in the family).
If there are two children in a household and both are sick, one ballot is issued. If first one gets sick, and then the other, there will also be one sheet, but it will be extended until both recover.
Right to sick leave
The designated period differs in that a woman caring for a child does not have the right to take out sick leave:
- if the baby is sick;
- in case of illness of the older child (children);
- in case of your own illness.
However, if there are several children, then the father and even the grandmother (grandfather) can freely exercise the right to go to the ballot with the rest of the children .
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
In this case, the regulations for filling out a certificate of incapacity for work require entering the code not 038, as provided for the mother, but 039 - when applying to the father. If other relatives applied, code 040 is indicated.
Will such sheets be paid for and in what amount?
If a parent needs to sit with their child in need of care, this will be paid in any case. And it doesn’t matter whether you have to take the sick person to the clinic for procedures or stay with him in the hospital.
The only question is to what extent. It’s one thing if a baby is sick, and quite another thing if a child, who is actually already an adult, is sick. Therefore, payment depends on factors such as the age of the child, what exactly he is sick with and how the treatment is being carried out.
For example, if a son or daughter under seven years old is sick, this will be paid in full for the entire duration of the vacation. It doesn’t matter whether you have to stay at home with him, lie in a hospital ward, or simply the preschool children’s institution is closed for quarantine.
Due to the illness of older offspring (up to fifteen years of age), only two weeks of the period provided are paid. A year – a maximum of forty-five days.
If a child falls ill, who can be considered a child very conditionally, then such a sheet will also be paid for - three days out of the entire period. In emergency cases, the medical commission may extend this period to seven days. That is, a maximum of thirty days a year.
There are exceptions to this rule:
- the period of absence due to the need to care for a disabled minor is always paid in full (up to 120 days a year);
- if we are talking about a son or daughter with an immunodeficiency virus, then the period of stay in the hospital is also paid in full;
- In the case of complications after vaccinations, as well as cancer, no payment restrictions apply at all.
When the payable period expires, but the child has not recovered, then the absence of his father, mother, grandmother or grandfather from work is recognized as based on a valid reason. Accordingly, no sanctions can be applied to an absent employee.
The procedure for registering a child's sick leave
To receive a bulletin specifically for the illness of a child attending school or kindergarten, you will first need to go to a clinic or hospital.
During the document preparation process, you will need to follow a number of rules:
- a relative who will subsequently receive BL must come to the appointment together with the child or be present when visiting a doctor, as well as at other points of contact with a specialist;
- when staying in a hospital, a citizen must be with a small patient.
It is important to add that if two children become ill, a second BL is provided. If, during the illness of the first baby, the second child begins to get sick, then the BL will be extended until all the children recover.
Detailed information about the procedure and features of obtaining a BL for a child can be found in the video:
