Sick leave for caring for a disabled child: how is it issued, how is the benefit calculated and what affects it?

12.06.2019

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7 min.

A child’s illness is always a difficult test for parents. It’s one thing when the mother is still on maternity leave and there is no need to ask for time off, but another question is when the woman has already returned to work. In this case, it is important to issue sick leave to care for a child, regardless of his status. This article discusses the procedure and main features of obtaining legal release from work, supported by a certificate received at the clinic. Sick leave for a young son or daughter is an opportunity to care for them and fully concentrate on treatment, especially if a person with a disability falls ill.

Regulatory documents

Certificates of incapacity for work are strict reporting forms, therefore the procedure for issuing them, as well as filling them out, is established in several regulatory legal acts that are currently in force in Russia, in particular such as:

• Labor Code of the Russian Federation. Norms Art. 183 guarantee respect for the social rights of citizens, including the possibility of temporary disability. No one can be fired during this period. In addition, payment for this period of time is established, depending on the person’s length of service.
• Federal Law No. 255 of December 29, 2006 “On compulsory social insurance for the period of temporary disability and in connection with maternity.” The above document fully regulates all aspects regarding duration, payment and other important issues regarding sick leave.
• Decree of the Government of the Russian Federation No. 375 of June 15, 2007. The document regulates the principle of providing compensation for temporary disability of citizens. In addition, it is here that specific calculations of payments are given depending on the period of absence of a person from work and individual circumstances.
• Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011. The document regulates the procedure for issuing certificates of incapacity for work to citizens in medical institutions.
• Order of the Ministry of Health and Social Development No. 347n dated April 26, 2011. A unified form of sick leave forms has been approved, which can be accepted by employers as a supporting document for an employee’s absence from the workplace for more than 4 hours.

Deadlines according to children's age

Previously, the terms for issuing sick leave differed and were strictly limited depending on the age of disabled children. It was possible to take additional days only due to the illness of a child under 15 years of age and only for 120 days. From 2021, this age has been increased to 18 years, and the number of days is now unlimited. However, there are still 120 paid days per year in case of absence from work for such reasons.

The last rule does not apply to cases of such diseases in children:

• HIV infection;
• illness associated with complications after vaccination;
• oncology.

Features of receiving sick leave to care for a disabled child

The right of parents or other relatives to help their child recover quickly is guaranteed by law. At the same time, no one will be able to endlessly abuse this opportunity, since the norms of medical and labor law establish certain time limits.

Terms of issue

A document confirming the care of a son or daughter is issued at a medical institution. According to the norms of Federal Law No. 255, cases are clearly established when one of the relatives can apply for sick leave:

• Acute illness of a child (most often occurs in winter, when the flu becomes active and the risk of contracting ARVI or colds increases).
• Exacerbation of chronic health problems of a child (the range of symptoms is varied, everything is determined individually, based on specific diseases and data from the child’s medical record).
• The need to alleviate the child’s condition in a hospital setting with the help of various medical interventions.
• Carrying out actions by medical personnel to restore the functionality of the child’s organs and life support systems (for example, through surgery).

It is important to know! Until 2014, pediatricians could authorize the issuance of sick leave for a child only in the first two situations, since 90% of them involve outpatient treatment. The situation changed after the decision of the Supreme Court, which declared it illegal to limit the ability of parents to fulfill their responsibilities to their children.

Now citizens have the opportunity to stay with their children in medical institutions constantly, without the risk of losing their jobs or coming into conflict with the management of the enterprise.

Caregivers

The law does not establish clear prohibitions and restrictions regarding which person can receive a certificate of incapacity for work to care for a sick child. Based on this, we can outline a complete list of possible candidates:

• mother;
• father;
• Brother;
• sister;
• uncle or aunt;
• grandma or grandpa.

Of course, more distant relatives can also receive it, but such facts happen extremely rarely due to the need to document the relationship with a minor or minor. Experience shows that most often the sheet is given to the mother, the explanations for this are as follows:

• She, as a rule, knows all the characteristics of the child better than others.
• The father is the main earner of the family's livelihood, so it is better for him to be at work. Relatives of the third generation are often already retired, so they (if possible) can look after their grandson without obtaining a certificate. The remaining above-mentioned persons apply for sick leave extremely rarely.

In addition, the law requires documentation of the fact of incapacity for persons:

• Guardians (these persons have official legal status and are obliged to raise the child until he reaches the age of 18). As a rule, grandparents most often become guardians of their grandchildren in the event of the death of parents or deprivation of their rights in relation to children by judicial authorities;
• Heads of foster families. From a legal point of view, these citizens are practically equal to the mother (father), therefore they are responsible for the health of the children.

Attention! Sick leave to care for a disabled person of group 2 (as in any other case) cannot be received by a hired nurse, nurse or nanny, because she already receives payment for her work from individuals.

Disabled status

The procedure for obtaining a certificate of incapacity for work in this case is slightly different. The fact is that the group is provided to a person due to a certain disease (nervous system, musculoskeletal system, problems with other organs) from birth or acquired throughout life. With a specific situation, a person is registered with a specialized specialist (surgeon, traumatologist, neurologist, etc.). You can receive sick leave to care for a disabled child for a disease associated with the group after completing the following actions:

• contacting a doctor with the appropriate specialization;
• establishment by an official of a medical form to record information;
• issuance of sick leave.

To obtain the required result, the accompanying person must provide the following package of documents:

• personal passport;
• child's birth certificate;
• health insurance policy in the name of a minor;
• MSEC certificate about disability indicating a specific diagnosis.

The process of extending disability for relatives of ordinary and status children is absolutely no different.

Duration of sick leave

According to the norms of paragraph 5 of Art. 6 Federal Law No. 255 establishes the maximum permissible number of days that can be provided to a relative of a child on sick leave.

If the child is under 7 years old:

• the period of stay of one person on sick leave with him cannot exceed 60 calendar days per year;
• the period is extended to 90 days in the presence of the following diseases:
• malignant and benign neoplasms;
• metabolic disease;
• disruptions in the functioning of the endocrine system;
• problems with the nutritional and respiratory organs;
• mental and neurological disorders;
• injuries, burns and other damage;
• damage to the musculoskeletal system and connective tissues;
• glomerular diseases.

In the age range from 7 to 15 years, the conditions for granting sick leave per child to one person are as follows:

• no more than 15 days for a specific fact of illness;
• maximum 45 days per year without derogation.

The law provides special conditions for representatives of preferential categories, as well as in special cases:

• If a child has a disability group, then relatives can take out sick leave to care for him until he reaches his 18th birthday. The maximum period is 120 days a year without limitation based on the specific fact of illness.
• If a minor has a positive HIV status, malignant neoplasms of the circulatory and lymphatic systems, or complications after routine vaccinations, a certificate of incapacity for work is provided to the person who is with him in a hospital setting, without setting a limit of days.

Required payments and calculation rules

Below we will discuss how to determine the amount of compensation due. The amount of payment depends solely on the following factors:

• Conditions for the child's treatment (hospital stay is paid in full. With outpatient care, 100% of the average earnings can be received only for 10 days. For everything over, 50% of the income will be given).
• Wage rate.
• The insurance experience of the person who issues a certificate of incapacity for work in his name.

Full details are given in the table below:

To determine the amount of average earnings for payment of benefits, the salary is taken taking into account all kinds of bonuses and increases for the 2 calendar years that precede the current one. There is an opportunity to take other years only if the person was on maternity leave during one of them, did not receive a salary, or the monthly income was below the minimum wage.

Attention! From an accounting point of view, paying sick leave to care for a disabled child is no different from the usual situation.

Who pays

The money is allocated by the Social Insurance Fund in case of disability. The specific operation of transferring funds is carried out by the employing organization.

Calculation samples

Case No. 1. A boy is 14 years old. Got sick with ARVI. His mother was with him on sick leave for 7 days, but the total number of days for the year is now 16. The insurance period is 7 years, and the average daily income for 2 years is 850.00.

In this case, it is worth considering that according to the law, only 6 days will be paid. Based on the available data, benefit = 850.00 x 0.8 x 6 = 3912.00.

Case No. 2. The father was in the hospital with the child for 65 days. The minor has blood cancer. The father's insurance experience is 4 years, and the average income per day is 1011.06 rubles. How much he will receive can be seen below. There is no day limit, so the amount = 1011.06 x 0.6 x 65 = 39431.34.

Situation No. 3. The child is 7 years old and fell ill with the flu. First sick leave this year. A certificate of incapacity for work was issued for 11 days. The average daily earnings is 566.00 rubles, and the mother’s work experience is 14 years. The benefit calculation formula is as follows:

566.00 x 1 x 11 = 6226.00 rubles.

Extension

A standard certificate of incapacity for work is issued for a period of up to 10 days. If during this time the treatment has not produced a noticeable effect, the doctor may increase the sick leave for a total period of up to 30 days.

For longer therapy, which requires constant care for the child by an adult, it is necessary to assemble a medical commission with the obligatory presence of the head physician. At the meeting, the question will be raised about how many days the treatment needs to be extended, and along with it the certificate of incapacity for work.

Registration procedure

A medical certificate must be completed in accordance with all rules. To receive a sheet you must do the following:

• Contact a doctor (call him to your home or go to an appointment with your child).
• The pediatrician makes an entry in the child’s card indicating the date of opening of the sick leave.
• Contact the reception desk with a card (if the doctor does not have forms).
• Visit the clinic on the appointed date to renew or close the certificate.

In Russia there is a unified form, in which the following information must be displayed:

• initial or repeat appointment;
• name of the medical institution;
• Full name of the insured person;
• date of issue of the document;
• age and full name of the child (children);
• disability code 09 (caring for a sick child);
• date of issue of sick leave (including for caring for a disabled person);
• when to start work;
• pediatrician data;
• name of the person's place of work.