Can a grandmother take sick leave to care for her grandson in 2020?
Note: A certificate of incapacity for work is issued to any of the immediate relatives (taking into account the requirement that this person actually supervises the sick person).
The main condition for issuing this document, in addition to the requirement to have a source of official wages, is the official payment of all necessary contributions from earnings - especially to social funds (meaning the Social Insurance Fund). And in what amount? In practice, proving kinship with a grandmother is not difficult.
Depending on her insurance experience - 60%, 80% or 100% of average earnings. Such a family connection is considered to be quite close, therefore, even in the absence of documents, most likely, they have preserved records in the registry office or witnesses who can testify in favor of recognizing the family connection.
Re: Sick leave for grandmother Good afternoon, please answer the question: can a grandmother who is not a working pensioner (even the last name of the grandmother and the child) who is caring for a sick child (ARVI) for 7 years (if the child’s parents are working, married) can drive? this child to see a local doctor (outpatient treatment) WITHOUT a notarized power of attorney? Possible difficulties Sometimes it is difficult to restore documents simply because the grandson does not know which registry office to look for data on certain events.
We have problems with this...If possible, a link to the document. For example, if the mother changed her last name several times due to a new marriage, she will have to obtain certificates from the registry offices where the marriages were registered. Often, on issues of inheritance, donation and some others, it is necessary to confirm that the parties to the transaction are each other’s grandson/granddaughter and grandmother/grandfather.
If the grandmother, whose relationship needs to be established, is on the father’s side, then this requires documents: A certificate of incapacity for work can be issued for the full term, but sick leave will only be paid for the period that is permitted by law.
How is sick leave paid for child care in 2020?
The procedure for accruing sick leave to a grandmother caring for a sick grandson is regulated by Law No. 255 dated. Representatives of the Federal Social Insurance Fund of the Russian Federation state: in this case, one should be guided by clause 31 of the Housing Code of the Russian Federation, which refers to family members of the owner of a residential premises as his spouse, as well as children and parents living with him in the residential premises he owns.
Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are installed by the owner as members of his family.
Can a grandmother take sick leave to care for her grandson 2020 territoria-prava.ru
The responsibility to determine the legality of issuing a sick leave certificate in this case lies with the medical institution that issued it.
Registration and necessary documents To correctly issue a certificate of temporary disability for a child, the grandmother must present an identification document, as well as an insurance policy.
Next, the attending physician draws up a special form, in the empty fields of which all the missing data is entered - the child’s age and other necessary information in the form of two-digit codes.
The document is issued on a general basis, but the execution of the document requires additional paperwork.
In particular, for a grandmother to look after her grandchildren, it is necessary to confirm the degree of relationship.
This can be avoided if at least one of the parents is also present when the child is admitted to sick leave. Not all relatives can receive a certificate of incapacity for work, which is determined by the individual characteristics of individuals.
Exceptions The main purpose of a certificate of incapacity for work is to guarantee financial payments to a patient who, due to illness, was deprived of the opportunity to earn money at the enterprise.
The norm established by paragraph 6 of part 5 of Article 6 of Law No. 255-FZ, providing for the payment of benefits for caring for a sick family member in the amount of no more than 7 days for one disease and a maximum of 30 days per calendar year for all such sick leave, applies in aggregate if care is provided for an adult (adult) family member.3) in the case of caring for a sick disabled child under the age of 15 years - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution, but not more than 120 calendar days days in the calendar year for all cases of care for this child; You can take several of the mentioned sick leave per year, but only thirty days will be paid.
There is also a condition - treatment of a sick adult must take place at home.
This is understandable - in a hospital, medical workers must care for the patient.
For example, if you need to obtain a sick leave certificate to care for a sick relative - a disabled person of group 1, and the doctor refuses to issue it, then you can contact either the head of the medical department or the chief physician.
These people need to explain the situation, prove that the patient has no relatives close to him, and that he urgently needs help.
Can a grandmother take sick leave to care for her grandson?
In the end, doctors are people too, and it is quite possible that they will understand any difficult situation and help in solving it.
Even if this sick leave is subsequently not paid by the Social Insurance Fund, then at least it will be evidence and a valid reason for the employee’s absence from the workplace.
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It is no secret that employers are often irritated by employees who are absent due to their children’s illness.
Often, parents themselves, for financial reasons, do not try to once again shirk work on the “children’s” sick leave.
Can someone close to you get sick leave instead of a parent?
Current Russian legislation allows for the issuance and, accordingly, payment of a certificate of temporary incapacity for work to one of the family members (guardian, trustee, other relative) who is actually caring for a sick child.
Since the degree of relationship in this case is not limited in any way, it can be any relative - grandmother, grandfather, sister, brother, aunt, uncle, etc.
True, in order to receive sick leave in your name, you must have a place of work and need to be released from work.
In other words, sick leave is not issued during the period of annual paid leave and unpaid leave; during maternity leave; during the period of parental leave until the child reaches the age of 3 years, with the exception of cases of work performed during the specified period on a part-time basis or at home.
Sick leave will also not be issued to a retired grandmother. 41 of the Order of the Ministry of Health and Social Development of the Russian Federation dated No. 624n “On approval of the Procedure for issuing certificates of incapacity for work” also provides that sick leave is not issued if it is necessary to care for a sick family member over 15 years of age during inpatient treatment, as well as for chronic patients during remission.
In these cases, not only the grandmother, but also the mother of the child will not receive sick leave for care.
In addition, depending on the age and illness of the sick child, there are restrictions on the period for which sick leave can be issued for care and on payment for such sick leave.
Thus, a sick leave for caring for: a child under 7 years of age: for outpatient treatment or the joint stay of one of the family members (guardian, trustee, other relative) with the child in an inpatient medical institution - is issued for the entire period of an acute illness or exacerbation chronic disease.
In this case, the person caring for the patient is paid for no more than 60 calendar days of such sick leave per year for all cases of caring for such a child.
A child aged 7 to 15 years: during outpatient treatment or joint stay of one of the family members (guardian, trustee, other relative) with the child in a stationary medical institution - for a period of up to 15 days for each case of illness, if, according to the conclusion of the medical the commission does not require a longer period.
The upper limit for sick leave pay in this case is 45 calendar days per year.
Sick leave for a grandmother to care for her grandson 2020.
For a disabled child under 15 years of age: during outpatient treatment or the joint stay of one of the family members (guardian, trustee, other relative) with the child in an inpatient treatment facility - for the entire period of an acute illness or exacerbation of a chronic illness. children under 15 years of age who are infected with HIV or have malignant neoplasms - for the entire period of outpatient treatment or joint stay with the child in an inpatient treatment facility.
In this case, the entire period of care is paid for, without restrictions.
Children under the age of 15 suffering from diseases due to radiation exposure on their parents - for the entire duration of the illness.
Over 15 years of age: for outpatient treatment - for up to 3 days, by decision of the medical commission - up to 7 days for each case of illness.
The maximum number of paid days for such sick leave is 30 calendar days per year.
Can a grandmother take sick leave to care for her if the child’s mother is on leave (annual paid, maternity leave, parental leave, etc.)? 34 of the Order of the Ministry of Health and Social Development No. 624n, a certificate of incapacity for caring for a sick family member is issued to one of the family members actually providing care.
We can say that the child’s mother works (or is sick herself) and is not able to care for the child; doctors rarely check such information.
Can a grandmother get sick leave to care for 2 or more children? If two children fall ill at the same time, one certificate of incapacity for work is issued to care for them.
Deadlines for issuing sick leave to grandmother
In accordance with the law, the length of time for issuing a sick leave certificate to a grandmother can be influenced by several factors:
- age of the sick child;
- a specific case of disease and its severity.
Age of the child and period of sick leave that can be paid:
- Up to 7 years - a bulletin is issued for the entire period of illness. For one year, the period cannot be higher than: 90 days - in case of treatment of diseases included in the list of order No. 84n dated February 20, 2008.
- 60 days - in general.
In this case, a sick leave certificate is issued for the entire period of illness, but only the period allowed by law will be paid.
Sick leave for child care for grandmother, registration, etc.
If more than 2 children become ill at the same time, a second certificate of incapacity for work is issued.
If the second (third) child falls ill during the illness of the first child, the certificate of incapacity for work issued to care for the first child is extended until all children recover, without counting the days that coincided with the days of release from work to care for the first child.
At the same time, the certificate of incapacity for work indicates the dates of the onset and end of the disease, the names, and ages of all children.
Can sick leave be issued alternately to different family members? In cases of long-term illness of the child, this possibility is provided for. The article was written based on materials from the sites: buh-nds.ru, nalog-nalog.ru, kadrovyhdel.ru,
An exception is the case if the grandmother has work experience in the Far North or equivalent territories for more than 15 years.
In this case, the benefit is paid in the amount of 100% of average earnings, regardless of the type of child care.
When caring for a disabled child, the period of payment for sick leave increases to 120 calendar days in the current year.
Can a grandmother take sick leave to care for her grandson?
For other types of contracts, payments for these benefits are not made.
If a grandmother wants to take parental leave, she must submit a certificate to the company that the mother and father of the child do not use this leave and do not receive benefits.
The grandmother will write an application, attach to it certificates from the place of work of the child’s parents, and she will be required to provide and pay for leave to care for her grandson.
Payment is made in the same way as the mother of the child, 40% of the average earnings for 24 months.
Payments are made monthly until the child reaches one and a half years old.
Payment for sick leave to the child's grandmother can be paid if the child's mother is not on maternity leave.
Can a grandmother go on maternity leave to care for her grandson - features and tips
- 1. Leave related to pregnancy and birth is issued in the form of regular sick leave with a stated gestational age of 30 weeks. The indicated number of days may fluctuate due to multiple complicated births;
- 2. Leave to raise a child is issued for up to 3 years with retention of length of service and place of work, of which the first 1.5 years are paid, and the next 1.5 years are not.
- if the parents have a disability or illness and are unable to support their children;
- if the parents are officially listed as missing;
- if the parents are in places of restriction of freedom;
- if mom and dad do not have parental rights to children;
- if the parents officially abandoned the children.
Can a grandmother be given sick leave to care for her grandson?
Hello, in this article we will try to answer the question “Can a grandmother be given sick leave to care for her grandson?” You can also consult with lawyers online for free directly on the website.
For your information, a working grandmother has every right to receive a certificate of incapacity for work, regardless of whether she lives with her sick grandson.
To apply for sick leave, the grandmother must go to the clinic together with her grandson and present her insurance policy and passport to the attending physician. After which the doctor will fill out a form where he will enter all the necessary data on the child.
Important! The law does not oblige a grandmother to prove the fact of her relationship with her grandson when applying for sick leave.
Sick leave for a grandmother to care for her grandson in 2020
Nadezhda, the law provides for the issuance of a temporary disability certificate in the event of a child’s illness to any family member or relative.
It is also not uncommon to have to care for several children. How to obtain disability in such a situation depends on the number of children. When a grandmother was caring for two children, she will receive one form issued for two children. At the same time, the document will be extended until both children recover.
In other words, a sick leave certificate is needed so that in the future, at the workplace, you can justify your absence and receive the pay required by law.
A sick leave can be issued for several people sequentially within the permitted period.
Double TaxationDouble taxation is the simultaneous imposition of the same taxes on income in different countries.
Main points Working time is interrupted not only due to the employee’s illness, but also due to the illness of his child. The legislation provides for such cases, since a small child will not be able to care for himself.
It says that in the case of caring for a sick child aged 7 to 15 years, temporary disability benefits are paid for a period of up to 15 calendar days for each case of outpatient treatment.
Many people are concerned about the question: “Are grandmothers given sick leave to care for their grandson and do they need to confirm the fact of relationship?” Yes, according to the laws of the Russian Federation, any family member can take sick leave for a child, and the attending physician is not obliged to require official confirmation of the relationship. True, he may still require a passport.
Sick leave for a grandmother to care for her grandson Any insured taxpayer who is a relative of a child (parents, grandparents) can issue a sick leave for medical care of a child in the event of the latter’s illness.
This is important to know: The procedure for calculating temporary disability benefits
The attending physician enters the coding in a special field according to the words of the adult - mother (38), father (39), grandmother and other relatives (42).
If the grandmother is not officially employed, is on regular leave or without pay, she will not be able to count on benefits.
Can a grandmother go on sick leave with her grandson?
First, you need to present the passport and insurance policy of the person for whom the sick leave will be opened.
Mom wanted to immediately call the doctor and ask her to write out a sick leave certificate for her grandmother, presenting a copy of the latter’s passport. Is this possible?
Who has the right to payment? Any working relative of a child who has reached the age of majority has the right to receive a certificate of incapacity for work. As already noted, the degree of relationship is not important. But the relative who received the leaflet must really care for the sick baby.
Upon arrival, the grandmother went with her granddaughter to the clinic to get a sick leave. However, it turned out that permission from the head physician was needed. It is legal?
Payment is made on the day the salary is calculated. The main document is a certificate of incapacity for work completed and signed by a doctor.
Will my grandmother be given sick leave to care for her child, and will she be paid for it if she lives in another city? The issue of issuing a certificate of incapacity for work to a grandmother who lives in another city is decided in a medical institution. The doctor independently decides which family member to issue sick leave, taking into account the situation in the family, as well as the interests of the child.
However, there are diseases that are included in the list of orders of the Ministry of Health and Social Development.
Obtaining a child care certificate is a procedure that is strictly regulated by law and any violation of it may lead to penalties. According to the current rules, his parents, guardians, as well as immediate relatives (grandparents, uncles, aunts) have the right to take sick leave to care for a baby.
Any family member, including grandmother, can receive a certificate of incapacity for work, provided that she is officially employed and deductions are made from her earnings to the Social Insurance Fund.
Registration and necessary documents
For a full registration process, you will need a citizen’s passport or similar identification document, as well as an insurance policy. When creating the form, the treating specialist fills out all fields using two-digit codes that correspond to the required information.
In the column with the reasons for incapacity, code 09 is entered, which corresponds to caring for a minor. The “care” field reflects the patient’s age, indicating full years and the number of months in different cells, one after the other.
It is mandatory to enter a code that corresponds to the family relationship. Father - 39, mother - 38, and other relatives, including grandmother - 42.
A family relationship with the patient does not have to be proven. It is enough to have all the documents and a passport with you without fail. This point is fixed in law.
It is also important to take into account that the points for the amount of benefits and the indication at the expense of the employer are not filled out, since payments come from the Social Insurance Fund.
If two people are sick, you must enter the details of both. If there are three or more children, then another form will be required.
Sample of a completed certificate of incapacity for child care
Important! The form of the document is established at the legislative level, that is, all the rules for filling it out must be followed. Among the required sections there must be data of the organization indicating the name and address, registration number of the medical institution, patient data, date of registration, employment of the person who is filing the sick leave.
The form can be obtained from a number of organizations:
- a medical institution that is included in the healthcare system and has state, municipal or private status;
- a clinic affiliated with a research institute;
- dispensary, in particular anti-tuberculosis.
Please note that the issuance of a document can be carried out by any person who has accreditation. For example, a private doctor also has the right to issue a certificate. Restrictions apply to persons without a special type of accreditation. Among them are ambulance specialists and blood transfusion centers, forensic medical examiners and various organizations that protect the interests of consumers in the healthcare system.
Read also: How to file for divorce in another city?
Additionally, it is worth remembering that registration is not always possible, since in some cases the conditions will not satisfy the rules. The treating specialist may refuse for certain reasons, for example, the child’s mother is on vacation and can provide care herself.
Does a grandmother have the right to take sick leave to care for her grandson?
The main condition under which sick leave can be issued is actual child care. That is, if a grandmother takes out sick leave for herself, but continues to work, then this is unacceptable. Based on modern Russian legislation, we can conclude: any family member who actually provides this care has the opportunity to receive a certificate of temporary disability in order to care for a sick child. The law does not stipulate the degree of such relationship, so such a person can be any of the existing relatives, including the baby’s grandmother.
Since young children get sick very often, many families set their own order of sick leave. The law allows for the issuance of sick leave to care for a family member. Therefore, not only the father, but also the baby’s grandmother has the right to stay at home with the child when the mother needs to work.
Can a grandmother take sick leave? Was the mother’s sick leave lawfully issued and should it be paid for? Is a grandmother (who is not an employee of the organization) required to submit a supporting document confirming that she cannot care for a sick child? Question: ...Is a certificate of incapacity for work legally issued to a mother to care for a sick child if leave to care for him is issued to the grandmother? Do I need to pay for it? Do I need a supporting document? (Expert consultation, Pension Fund of the Russian Federation, 2016) Question: The employee was issued sick leave for temporary disability to care for a child (the child is two years old).
- For outpatient (home) care of a child under 14 years of age, the benefit amount is calculated as follows:
Paragraph 46 of the Instructions states: “... a certificate of incapacity for work for caring for a sick child... is issued to the mother, father, adoptive parent, guardian, trustee or other person directly caring for the child.” Hypothetically, such a sick leave can be given not only to a grandmother (dad, uncle, aunt), but also to a neighbor.
By law, a grandmother does not have the right not to be allowed to go on sick leave or maternity leave, but in practice, not every working woman of pre-retirement or retirement age will decide to take such a step.
Knowing about the possibility of issuing a sick leave certificate for the duration of a child’s illness removes a considerable burden from one’s shoulders.
Previously, you indicated this data in section II. The new report form does not have either Section I or Section II. Instead there are six tables. How to fill them out? Read the recommendations.
Why was the grandfather refused to pay sick leave to care for his grandson?
As the fund explained, in the event of illness of a child under three years of age, there are some restrictions in the assignment of temporary disability benefits. If a woman or other person who is officially on maternity leave works part-time or at home, a certificate of incapacity for caring for sick children under three years of age is provided only to them. Any family member, including a grandfather, can take out sick leave from a clinic in Moscow only if the mother of such a child is out on full-time work or part-time, the duration of which is more than half of the monthly norm of hours, i.e. she is not in on maternity leave.
A certificate of incapacity for work is issued to the father, mother, adoptive parent, guardian, trustee, grandmother, grandfather. In short, to any family member who directly cares for a sick child. If we are talking about children over three years old, there is no need to present any additional documents confirming the reason why the mother could not look after the sick child. The fact that a girl or boy does not attend kindergarten in this situation is also not a basis for refusing to grant benefits.
Can a grandmother take sick leave to care for her grandson 2020
However, on the basis of Part 6 of Article 14 of the Law of the Republic of Belarus dated June 18, 1993 N 2435-XII “On Health Care,” citizens of the Republic of Belarus have the right to receive medical care in state health care institutions outside their place of residence (place of stay).
But sick leave payments depend not only on length of service, but also on whether the child is prescribed outpatient or inpatient treatment. For inpatient care, the entire time of care is paid in accordance with the length of service of the person providing this type of care, but no more than 60 calendar days per year when caring for a child under 7 years old and 45 days when caring for a child from 7 to 15 years old.
Since the employee’s period of sick leave to care for a child did not exceed 15 days, the benefit must be paid to her for the entire period of incapacity, that is, for 12 calendar days.
A disability form is not issued:
- if harm to one’s own health was caused intentionally or the illness was feigned;
- for the period of imprisonment and undergoing a forensic medical examination;
- for the period of compulsory medical treatment (on the recommendation of the court);
- if the cause of the painful state of the body is alcohol, drug, toxic intoxication or injury, due to a stupefied consciousness;
- if the taxpayer took unpaid leave (creative leave, related to training, etc.);
- in case of violation of the medical regime.
Paying sick leave to care for grandchildren
Sick leave can be paid to the mother, father or other close relative of the child. A grandmother has the right not only to take paid sick leave to care for a child up to 15 years old, but also leave to care for a child up to 3 years old, if the mother or father cannot take advantage of it for some reason. Payment for sick leave or vacation to the grandmother will be made in accordance with the law. That is, during sick leave in accordance with the length of service and the imposed time limit during which payments are made, for maternity leave up to one and a half years - 40% of average earnings based on 24 months, from one and a half to three years leave is not paid.
If quarantine is declared in the preschool institution that the child attends, then the time spent caring for him is paid for the entire quarantine period and is not limited to 15 days. Until the 10th day of quarantine in accordance with the length of service, from the 11th day - 50% of average earnings.
07 Jun 2020 etolaw 414
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Sick leave - how it is calculated in 2018
If the child’s grandmother works in a private enterprise, then the law there is the owner of the enterprise, to whom the laws of the state are not written, and he will find a reason for dismissal. Sick leave for caring for a grandchild is paid, since sick leave is provided for when caring for family members, and according to family law, grandmother and grandson are recognized as them. The procedure for calculating hospital benefits depends on whether the treatment was carried out on an outpatient basis or in a hospital.
NOTE: A certificate of incapacity for work is issued to any of the closest relatives (taking into account the requirement that this person actually supervises the sick person).
A certificate of incapacity for work can be issued for a full period, but sick leave will only be paid for the period that is permitted by law.
The current legislation establishes different rules for payment of hospital benefits for child care, depending on whether treatment is carried out on an outpatient basis or in a hospital.
When a small child is sick, it is always accompanied by fears and worries of the parents. And not only because mom and dad are worried about how the baby is feeling, how quickly he will recover, whether there will be complications, but also because of what to say to the manager at work, because most employers do not welcome it when the mother goes on sick leave for child care. Many managers are annoyed by employees (mothers or fathers) who often miss work due to the illness of their children. Sometimes parents themselves do not show the desire to go on “children’s” sick leave once again, so as not to lose money, because in our time they are not superfluous. It would be nice if one of the relatives could issue a sick leave certificate for themselves... For example, a grandmother. And it's possible!
On sick leave - a grandmother from out of town
There is a verbal ban on issuing sick leaves for child care to non-residents in Minsk. Where it comes from and what goals it pursues is not so important. Another thing is important - the head physician has no legal grounds not to give permission. Formally, requests of this kind must be of a notification nature and satisfied in almost 100% of cases. After all, there are no explanations in the legislation on this matter.
The mother of the sick girl took a letter to the clinic (she had not yet started registering it) outlining the reasons for this decision and even gave a calculation according to which it was more profitable for the state to issue a sick leave certificate for the grandmother (due to the difference in wages).
Payment of sick leave for a grandmother to care for her grandson in 2020
Hello, in this article we will try to answer the question “Paying sick leave for a grandmother to care for her grandson in 2020.” You can also consult with lawyers online for free directly on the website.
By law, a grandmother does not have the right not to be allowed to go on sick leave or maternity leave, but in practice, not every working woman of pre-retirement or retirement age will decide to take such a step.
It is worth noting that the mother may actually be at home, but not be able to care for the children. Then the father is required to provide a ballot. Usually the reason when the second parent cannot care for children is related to disability, own illness, hospital stay/business trip/vacation in another city or country.
How to apply for maternity leave for your grandmother
Article 256 of the Labor Code establishes the right of a mother to leave to care for a child up to 3 years old, or, in popular parlance, to maternity leave. Situations in which a new mother is unable to care for her child are common. In this case, the maternity leave can be issued for another family member.
We recommend reading: Legal costs, composition and payment procedure
The relative or guardian must submit the completed package of documents to their place of work. The employer does not have the right to refuse the application, since this is a direct violation of labor legislation, entailing administrative liability (Part 3 of Article 268 of the Labor Code of the Russian Federation). In case of refusal, the employee can file a complaint with the labor inspectorate or court. Also, the employer does not have the right to fire an employee who has applied for parental leave.
Payment of sick leave for a grandmother to care for her grandson in 2020
For calculations, you need to have a sick leave certificate and a certificate of earnings for the last two calendar years preceding the insured event. If the experience is less than six months, the average monthly salary should not be indicated, since the calculation will be made according to the minimum wage. Sick leave certificates for sanatorium-resort treatment, with the exception of treatment in tuberculosis sanatoriums, are issued by a medical advisory commission, and where there is none, by the attending physician together with the chief physician and only before departure to the sanatorium.
This is important to know: Change code on the certificate of incapacity for work
Many people are concerned about the question: “Are grandmothers given sick leave to care for their grandson and do they need to confirm the fact of relationship?”
Providing this document is the basis for making a detailed calculation with the further assignment of benefits.
For the first 10 days of incapacity, calculate sick leave benefits as a percentage of average earnings, depending on the employee’s insurance coverage.
Sick leave for removal from work due to a contagious disease. Sick leave certificates in connection with certain contagious diseases that do not lead to a decrease in working capacity are issued to workers in the storage, processing and sale of food products if it is impossible for them to be employed in other jobs. Sick leave is paid for in the same way as for a general illness.
Does a grandmother have the right to take sick leave to care for her grandson?
Sick leave is issued for a teenager until he reaches the age of 14 (or until he reaches adulthood if the child has a disability).
Apply the 50 percent standard starting from the 11th calendar day of incapacity for work (from the date of opening the sick leave). If the 11th day falls during the period of outpatient treatment, pay a benefit in the amount of 50 percent of average earnings, starting from the 11th day.
What percentage of average earnings should be taken into account when calculating sick leave benefits for caring for a child under 15 years of age.
Failure occurs in the following situations:
- the patient is over 15 years old and is in hospital;
- the minor has a chronic disease without exacerbation;
- the caregiver is currently on vacation;
- a minor is being treated in a sanatorium;
- the baby attends kindergarten or school.
Deadlines for issuing medical documents
Sick leave for caring for a sick family member. Issued by the doctor treating the patient if the lack of care threatens to complicate the patient’s health and it is impossible to hospitalize him, and there is no one in the family who could care for the patient (a domestic worker is not considered a family member). In such cases, sick leave is issued for a period of no more than 3 days.
A certificate of incapacity for caring for a sick family member is issued in accordance with paragraphs 11, 12, 13 and 35 of this Procedure.
It says that in the case of caring for a sick child aged 7 to 15 years, temporary disability benefits are paid for a period of up to 15 calendar days for each case of outpatient treatment.
If necessary, a certificate of incapacity for caring for a sick child can be issued alternately to different family members within the time limits established by paragraphs 11, 12, 13 and 35 of this Procedure.
For inpatient treatment, the benefit is determined as a percentage of average earnings only depending on the employee’s insurance coverage; there is no limit to 50%. In this case, all days of incapacity for work are paid, but subject to a general limit of 60 (90) days for one year.
The legislation of the Russian Federation allows the mother, father, guardians or other relatives of the baby to leave work to care for a sick baby.
The length of service coefficient is taken based on the total length of service:
- experience more than 8 years – 100%,
- experience from 5 to 7 years – 80%,
- experience from six months to 5 years – 60%,
- less than six months of experience - calculation according to the minimum wage.
A sick leave is issued by a local pediatrician only to that family member who actually cares for the baby and goes with him to a medical facility for examinations.
Illness, injury, caring for a sick family member, other cases of temporary disability - the calculation of any sick leave in Kontur complies with current legislation. The calculator calculates sick leave in just 3 steps.
- Step 1. Enter the data from the certificate of incapacity for work (sick leave).
- Step 2. Enter your earnings for the previous 2 years. They are needed to calculate average daily earnings.
- Step 3. You will see the final table for calculating the amount of sick leave, taking into account the employee’s insurance record. Kontur.Accounting will automatically calculate the amount of payment at the expense of the organization and at the expense of the Social Insurance Fund.
Can a grandmother take sick leave to care for her grandson in 2020 if the mother is at work, on a business trip, or is on sick leave herself?
How is it paid?
Payment will depend on a number of factors, including insurance length and the amount of earnings for 2 years.
The timing and type of treatment provided, whether inpatient or outpatient, will also be taken into account. Payment beyond the established period for the annual period is not carried out, that is, the benefit, in addition to different rates, also has a limit in each specific case.
Income limits
The upper limit of the benefit is set at 100% of the average salary. The lower one has a minimum of 50%. A number of conditions for determining the boundaries and amounts of payments:
- experience. When working for more than 8 years, full payment is received, and for 5-8 years - 80%. If the experience is less than 5 years, then the rate is 60%;
- age group and category of children. Full payment is made if you are under 7 years of age, disabled or have established diseases, including tumors. A limit of 15 days of payment is fixed for minors 7-15 years old, and 3 days or in exceptional cases 7 for persons 15-18 years old;
- type of treatment. For outpatient, that is, home treatment, the rate will depend on the length of service in the first ten days. Further payment is equal to 50% of the average salary. In case of hospitalization, everything depends on the duration of work.
Typically, average earnings are calculated based on the last two years of work, that is, if there was a one-year break, then the year preceding it is counted.
Calculation procedure
To set the benefit amount, you will need to first calculate the amount, taking into account all the nuances and conditions.
You will need to calculate the average earnings for two years. The total income is divided by the number of days. The result is the average daily earnings, which will be used to determine the amount of the benefit. For an outpatient treatment process with sick leave for more than 10 days, use the formula:
Benefit = total period in days excluding 10 days x average earnings x 50% + 10 x average earnings x percentage, which depends on length of service.
The number of paid days is entered in the first work.
For a hospital, a different formula is used:
Benefit = total period of illness in days x average salary x interest rate for the duration of work.
Terms and conditions of payment
The document, after registration of sick leave and fulfillment of all conditions, can be transferred to management or directly to the Social Insurance Fund, depending on the nature of the papers and the individual characteristics of the situation.
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It is possible to use paper or electronic copies, which have different payment terms. If a paper copy was provided, then payment is made within ten days, and if electronic, then the period is increased to 15 days.
It is worth considering that the payment is provided after the sheet is closed, that is, payment cannot be received in advance. You also need to remember that only the person listed on the form receives it.
Will the grandmother be paid for sick leave due to her child’s illness?
The main condition under which sick leave can be issued is actual child care. That is, if a grandmother takes out sick leave for herself, but continues to work, then this is unacceptable.
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To receive a sheet, you need to work and receive a white salary. It will not be possible to issue a sick leave certificate for child care for a grandmother who is retired and not working. Another condition is that the woman must take care of the baby constantly, but she is not allowed to work at the same time.
If the child is in a hospital, then the grandmother should be with him around the clock. The grandmother will be given sick leave to care for the child after discharge.
Sick leave at the grandmother's place of work is paid at 100% (the first 10 days). Important In the same way, a grandmother can take sick leave if the child’s mother is in the hospital, but she is actually on maternity leave. In this case, there is no one to care for the child (the father works), so the grandmother must be given sick leave at her request.
The date of issue of the certificate of incapacity for child care is May 15, and the period of illness is from May 10. From when do I have to pay sick leave? Thank you.
If quarantine is declared in the preschool institution that the child attends, then the time spent caring for him is paid for the entire quarantine period and is not limited to 15 days. Until the 10th day of quarantine in accordance with the length of service, from the 11th day - 50% of average earnings.
FAQ
Can a grandmother take sick leave to care for a child if the mother is on vacation?
No, sick leave is not issued if there is a non-working family member at home. If the mother is on vacation, then the grandmother cannot take sick leave, since there is actually someone to care for the sick child.
Does a grandmother have the right to sit with a sick child (officially) if the mother herself is sick?
If the child’s mother herself is on sick leave and it doesn’t matter whether she is being treated at home or in the hospital, then the grandmother can also sit with the child
. In this case, she must open a certificate of incapacity for child care.
It should be issued by the attending physician (pediatrician, family doctor or other specialist) based on the mother’s words. Sick leave at the grandmother's place of work is paid at 100% (the first 10 days).
In the same way, a grandmother can take sick leave if the child’s mother is in the hospital, but she is actually on maternity leave. In this case, there is no one to care for the child (the father works), so the grandmother must be given sick leave at her request.
Will a grandmother be given sick leave if she lives separately from her grandson?
According to the order of the Ministry of Health and Social Development No. 624n dated June 29, 2011, sick leave for caring for a sick child is issued in a medical institution to one of the family members, including the grandmother.
The order does not stipulate that she must live with her grandson.
If the grandmother does not live with the child, then in order to receive sick leave she will need to obtain permission from the chief physician of the children's clinic.
Will my grandmother be given sick leave to care for her child, and will she be paid for it if she lives in another city?
The issue of issuing a certificate of incapacity for work to a grandmother who lives in another city is decided in a medical institution.
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The doctor independently decides which family member to issue sick leave, taking into account the situation in the family, as well as the interests of the child.
A doctor can issue a sick leave to a grandmother who lives in another city for one reason - if the child’s mother is sick and cannot care for her sick daughter (son).
The employer is obliged to make calculations for sick leave based on the grandmother’s submission of sick leave to the company’s accounting department. She does not need to provide any documents other than sick leave.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Some employers require employees who plan to go on sick leave to care for their grandchildren to confirm that they live together with the sick child.
Keep in mind that such demands from the employer are illegal; the laws do not stipulate anywhere that the grandmother must live with her grandson in order to be given sick leave.
When a mother or father’s career has just taken off, but it is overshadowed by the frequent illnesses of children, then instead of giving up work, a grandmother can help the young family. Often it’s easier for her to take sick leave on herself.
At the same time, by law, a working grandmother must be paid for sick leave to care for a child if she provides the accounting department with a completed temporary disability sheet.
Of course, she will be obliged to visit the clinic (hospital) with the child and always be with him for the entire period of his illness.
Sick leave for a grandmother to care for a child: law, payment
If two children fall ill at the same time, one certificate of incapacity for work is issued to care for them. If more than two children become ill at the same time, a second certificate of incapacity for work is issued.
If the parents in a family are on vacation or maternity leave at the time of illness, and can spend time with their son or daughter, then the other person does not have the right to sick leave.
He is temporarily transferred to this job with the issuance of a sick leave certificate. The latter is issued to receive benefits if the temporary new job is paid lower than the permanent one; such sick leave is also called “labor”, “additional pay” (for additional payment to average earnings). Sick leave for child care is issued to a working grandmother regardless of the employer’s wishes. A working person makes contributions to the Social Insurance Fund, which means he can receive payment for the days he does not work.
What documents are needed to pay sick leave to grandmothers for their grandchildren?
The employer is obliged to make calculations for sick leave based on the grandmother’s submission of sick leave to the company’s accounting department.
A working person makes contributions to the Social Insurance Fund, which means he can receive payment for the days he does not work. The medical institution must issue documents regardless of whether the grandmother lives together with her grandson or separately.
She does not need to provide any documents other than sick leave.
Some employers require employees who plan to go on sick leave to care for their grandchildren to confirm that they live together with the sick child. Keep in mind that such demands from the employer are illegal; the laws do not stipulate anywhere that the grandmother must live with her grandson in order to be given sick leave.
When a mother or father’s career has just taken off, but it is overshadowed by the frequent illnesses of children, then instead of giving up work, a grandmother can help the young family. And not only because mom and dad are worried about how the baby feels, how quickly he will go