Home / Labor Law / Vacation
Back
Published: 05/22/2016
Reading time: 8 min
0
5923
It is a rare person who can boast of absolute health; Not only workers, but also their relatives get sick.
In cases where an employee needs to take care of a sick relative, he can issue a sick leave certificate. At the same time, the receipt (or non-receipt) of social compensation depends on the correctness of its registration.
- Legislation
- Conditions for taking this type of vacation
- When can leave be denied?
- Vacation period
- How to apply correctly?
- Payment
Concept Overview
Is sick leave required to care for a bedridden sick relative (parent: father, mother, grandmother, grandfather)? Yes, a certificate of incapacity for work is received by a relative who actually stays with the patient and provides him with treatment and assistance. Such a document is issued by the attending physician. And it doesn’t matter who needs sick leave for care - mother or father, in a word, parents or other relatives.
A brother, sister, grandmother, or grandfather can also take sick leave to care for a relative.
The main thing is that they are adults, capable people, working people. The law does not limit kinship, so anyone can provide care.
A strict reporting form is most often issued on the basis of outpatient treatment of a child or a joint stay in a sanatorium for an acute illness. And also in case of injuries to a relative, adult, or other cases provided for by the Ministry of Health, such as:
- seriously ill parents;
- disabled relatives;
- elderly relatives.
Leave mechanism
The Labor Code indicates that an employee can receive care leave, but the salary will not be maintained, and the duration of such leave is negotiated with the employer. It is provided on the basis of a written application. It is the employer's responsibility to provide leave if the employee falls into the following categories:
- A working disabled person, but the term is limited to 60 calendar days during the year.
- Participants of the Great Patriotic War - 35 days.
- For employees upon the death of close relatives, registration of relationships, or the birth of a child - no more than 5 days.
- Working old age pensioners -14 days.
- Wives, husbands, parents of military personnel who died due to shell shock, injury during the performance of official duties or illness due to military service - up to 14 days.
- There are some other categories as well.
How to apply?
To obtain a sick leave certificate, you will need a passport, an outpatient record of the patient and an attending physician who can issue a strict reporting form. After examining the patient, you are given an outpatient card and you are sent with it to the point for issuing certificates of incapacity for work. There they enter your data into the database and draw up a document, having initially found out your place of work.
Remember, it is your responsibility to know the correct legal form and name of the organization. Otherwise, you will not be provided with sick pay to care for a relative.
From the article “How to write the name of the organization on a sick leave sheet?” You will learn all the nuances of filling out this field, as well as whether a special certificate is needed to enter the company name.
After issuing a sick leave certificate, you go to the attending physician, who keeps this certificate until your next visit with a sick relative. Sick leave for caring for another family member is issued in the same manner as ordinary sick leave.
Photo with instructions for filling out a sick leave certificate for incapacity for work:
The only difference is the code entered in the care field. And the code for caring for a sick relative is number 2 . We advise you to read the article “Deciphering hospital codes”, in which you will learn about other special designations that employees of a medical institution enter on the sick leave sheet.
Warm up the joints
Reduced mobility of joints is called contractures. They arise due to a long stay without movement, and can lead to negative consequences. To reduce the likelihood of developing contractures, you should perform certain exercises:
Starting position | Sequencing |
The patient is on his back, limbs are extended. | Raising your arms at an angle of 90 degrees relative to your body, and then sharply lowering them. |
Neck development. To do this, you need to carefully lift the patient's head and shake it. | |
Rotation of brushes. | |
Gently pull your toes. | |
Raising your legs at an angle of 90 degrees, and then sharply lowering. | |
Warm up all joints, as well as the phalanges of the fingers. | |
Hands to the side - on the chest. It is important to synchronize the exercise with breathing. | |
Classic movements from regular gymnastics: bicycle and scissors. | |
The patient is on his back, the upper limbs are straight, lying along the body, the legs are bent at the knees, there is a bolster or pillow under them. | Rotation of the knees. |
Care involves daily implementation of this complex. Some parts of it should be repeated every hour if contractures develop visible.
Reasons
To obtain and issue a certificate of incapacity for work, a citizen working on an official basis must present a document. An insurance policy and other documents will not be needed for registration. Registration is done on the basis of general legal norms on receiving compensation payments
The most important documents for the preparation of a strict reporting form relating to issuance and other operations are regulated and described in the documents:
- “Fundamentals of health of citizens of the Russian Federation.”
- Tax Code of the Russian Federation.
- Labor Code of the Russian Federation.
- Tax Code of the Russian Federation.
- Decree on temporary incapacity for work.
If questions arise regarding this action, it is better to refer to these legal norms, which describe all operations and the legality of their implementation.
Items needed by the patient
How to care for and ensure maximum comfort? To do this you will need the following items:
- comfortable bed on wheels, adjustable;
- if a person has dementia, then its design should include rising handrails to prevent falling to the floor;
- appropriate orthopedic mattress;
- additional coating that prevents the formation of bedsores;
- baby monitor for quick communication with loved ones in difficult situations.
Bed sheets
The bed should be changed daily. In the event of force majeure, linen is replaced. It is advisable to choose a sheet with fasteners to prevent slipping and rolling.
Deadline for issuing a strict reporting form
For the care and appropriate treatment of a sick relative, a strict reporting form is issued for seven days. The maximum period is 30 days , but after approval by the medical commission.
To care for a child under seven years old, 60 days are given; for diseases specified in the resolution of the Ministry of Health, the period will be 90 days. If the child’s age is more than 15 years, then parents are given a strict reporting form for only three days, but by decision of the commission the period can be 7 days.
If the child is disabled and under the age of 15, then the parents are exempt from work for 120 days. In case of HIV infection, sick leave is not limited when staying with a sick child. This also applies to relatives staying with children with post-vaccination consequences.
Also, the following restrictions are not imposed on adults with children under adulthood:
- Accommodation with the right of departure.
- whose parents received radiation exposure.
- The children got the disease as a result of radiation exposure from their parents.
If an employee stays with a child for more than the specified period, then he cannot be fired under any article. If the employer does not comply with this, then he may be held administratively liable for failure to comply with labor legislation. The employee will not be fired, but they will not be required to pay him for this period.
Sick leave certificates can be issued alternately to parents , and in the event of the second child falling ill during the illness of the first child, one strict reporting form is issued, in which all patients are included. It opens when the first case of the disease occurs, and closes only after the children have fully recovered.
If the person caring for the child becomes ill, then a strict reporting form on his illness is opened for him. And child care is either extended or opened to another relative.
In order to competently and correctly fill out a document of incapacity for work in cases of illness of the baby, we advise you to read the article “Rules for issuing sick leave for child care.” And if neither you nor your relatives are sick, but you still want to miss one or two working days, then read the article “How to take sick leave if you are not sick” and you will learn about all the legal and illegal ways to obtain a certificate of incapacity for work.
Prevention of congestive pneumonia
For bedridden people suffering from heart disease, dynamics are very dangerous. In a very short time it can lead to disastrous consequences, even death. To prevent the disease, the following measures are applied:
- regularly change the patient's position;
- rub your back in the lung area using camphor alcohol;
- twice a week you need to put mustard plasters or jars;
- do breathing exercises with your loved ones;
- monitor the temperature in the room and the absence of drafts.
Even the constant presence of relatives nearby does not cancel the periodic observation of the attending physician. The more often a medical professional visits a person, the higher the likelihood of stabilization in the development of congestive pneumonia.
How is it paid?
The first 10 days of sick leave are paid by the employer, and then paid by the Social Insurance Fund. In this case, the calculation and payment of sick leave for caring for a relative occurs in the general manner. The amount of earnings during this period is calculated in the same way as for regular sick leave per person.
The amount is calculated based on the data: average annual earnings, length of service. But this amount should not exceed the maximum, set at 40 thousand for 8 years, 30 thousand for 5 or more years and 25 thousand for less than five years of experience.
You can calculate the amount of payment yourself. To do this you need:
- Calculate average earnings per year.
- Then calculate your daily earnings.
- Determine the amount of daily allowance.
- Then calculate the final result.
The minimum wage for payment is 5965 rubles. At the second stage, all earnings for two years are added up and divided by 730. The result obtained is multiplied by a correction factor, which is calculated based on length of service. Last action: multiplying the number of days of sick leave by the average daily earnings.
The issue of paying for care for a sick relative on sick leave
This issue is regulated by law. In accordance with the norms, the amount is directly dependent on the amount of insurance coverage of a person. So, if the insurance period is more than 8 years, then the benefit is paid in the amount of 100% daily. If the experience is from 5 to 8 years, then 80% daily. And if the experience is up to 5 years, then 60% every day.
Sometimes there is a situation where the experience is very short, it does not even reach six months. In this case, you can count on payments not exceeding 1 minimum wage.
Example. The seller Ivanova was on sick leave, caring for her mother from April 11 to April 22, 2021. Her work experience was 11 years. The calculation periods are considered to be 2015 and 2014. The total earnings for the period of time from which funds were calculated to the Social Insurance Fund (SIF) amounted to 220,000 rubles, and the average daily earnings were 300 rubles. Since the experience exceeds 10 years, then, in accordance with the calculations above, a woman can count on an average daily earnings of 300 rubles. She was on sick leave for 14 days, but in accordance with the law, 7 days will be paid, that is, the woman will receive 2,100 rubles.
When can they refuse?
A strict reporting form for caring for a sick relative is not always issued. For example:
- When treating a child over 15 years old in a hospital or a chronically ill person.
- When treating a relative during the vacation period. In case of illness after this period, a certificate of incapacity for work is issued only after the day of return to work.
- During maternity leave, the mother is also not entitled to a document. But it can be issued to the father if the mother is in the hospital.
Reasons when a person is denied a sick leave certificate for care
You cannot issue this sheet without having a certificate of incapacity for work. It is not issued to the following categories:
- Persons under administrative arrest.
- If there are no signs of temporary disability.
- If you have chronic diseases, but they are not in the acute stage.
- If a person undergoes a medical examination at a medical center.
- If a person undergoes a medical examination at the direction of the military commissariat.
- This rule applies to sick relatives, that is, people in whose favor sick leave is issued.