Leave to care for a disabled person of group 1

Disabled people of groups 1 and 2 need help and support from able-bodied people. Therefore, the state provides leave to care for people with disabilities.

A certain number of days are allocated to provide assistance to loved ones. The duration of such leave is regulated by current legislation.

Therefore, relatives of people with disabilities should be aware of their rights in order to be able to pay more attention to relatives with serious illnesses and disorders in the functioning of the body. Especially in those periods when it is extremely necessary.

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What are the conditions for parental leave?

The Labor Code of the Russian Federation does not provide for the concept of leave to care for a relative with a disability. Nevertheless, the employee has the right to receive leave on a general basis with filling out a certificate of incapacity for work to perform duties of caring for an incapacitated person or a seriously ill loved one. There are only a few options for going on vacation, including:

going on paid leave;
going on leave to care for a disabled person of group 1 with loss of wages for a specified period.

If the first case does not require any special explanation, because you just need to familiarize yourself with the schedule and, if necessary, show diplomatic skills when communicating with the employer, then the second needs a more detailed analysis. In the second case, the duration of the vacation is determined in accordance with the medical report, but cannot exceed 30 days. In addition, every month parents of disabled children of groups 1, 2 and 3 are provided with 4 additional paid days off for care. This condition is regulated by Article 263 of the Labor Code of the Russian Federation. Other conditions for receiving leave are the following circumstances, which can also be used:

continuation of work after reaching retirement age - vacation up to 14 days per year;
spouses and parents of people who died in the performance of military duties - up to 14 days per year;
military duties - up to 14 days per year;
working disabled people – up to 60 days a year;
death, birth and wedding of relatives – up to 5 days.

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All these conditions are regulated by Article 128 of the Labor Code of the Russian Federation.

How does caring for disabled citizens affect the length of service?

The insurance period, which is taken into account when assigning an old-age pension, includes insurance and non-insurance periods. The first is the labor activity of a citizen (and others) under employment contracts, as well as civil law, subject to the payment of contributions for compulsory pension insurance. Non-insurance periods are periods equivalent to insurance periods according to stat. 12 No. 400-FZ.

Pension points are awarded for:

Time to care for a disabled person with group I.
Time to care for a child with a disability.
Days of care for elderly people over 80 years of age.

In order for caring for disabled citizens to be included in the insurance period, it is important to comply with regulatory conditions. Firstly, the one who cares must be able to work. Secondly, periods of formal employment must immediately precede or immediately follow the time of departure.

The fact of a family connection with a disabled person does not matter. But leaving must be formalized. That is, it is not enough to simply pay attention to a disabled person. This must be done officially, with notification of the Pension Fund and receipt of compensation payments. Otherwise, it will be difficult to prove that you are caring for a disabled person.

Read: What is the insurance period for a pension - what periods are included?

Pension points for caring for a disabled person of group 1

When caring for a citizen with a Group 1 disability, the carer is awarded pension points and the insurance period is counted. For each full year of care, 1.8 IPC is due. Experience is counted 1:1, that is, for a year of care, a year of experience is added. At the same time, able-bodied persons who are not officially employed can provide care; not receiving unemployment benefits; are not pensioners themselves.

In order for the time of care to be counted towards your length of service, you need to apply together with the disabled person to the Pension Fund. The need for care and disability group will have to be confirmed. To do this, the following documents are submitted to the Pension Fund:

Application – two forms are submitted: from the person being cared for (consent); and from the one who cares.
Medical certificate confirming the assigned disability group.
Passport of a disabled person or his ID.
Work records of a caregiver and a disabled person.
Caregiver's passport.
Others as needed.

If care is provided for two disabled people at once, you cannot count on double experience. Since such periods, unlike “children’s” leave up to 1.5 years, are not cumulative. How much money is required for care? The amount of compensation payment is 1200 rubles per month. Depending on the local coefficient, the amount of compensation may be higher. From the moment of termination of care, if the caregiver returns to work, he must independently notify the Pension Fund so that the accrual of payments is stopped.

Read: How to calculate pension points in 2021

Pension points for caring for a disabled child

The time spent caring for children with disabilities is counted in the insurance period along with work activity. For each full year of such care, 1.8 IPC is added. These periods are non-insurance, but are taken into account according to the statute. 12 No. 400-FZ.

Although the amount of pension points for caring for a disabled child is not very large, it can play a role when applying for a pension. After all, this time will be counted toward the length of service when determining eligibility for benefits. In addition, by law, mothers of many children can retire earlier than everyone else. The exact age depends on the number of children:

50 years – for mothers with 5 children.
56 years old - for mothers with 4 children.
57 years – for mothers with 3 children.

But a pension will not be granted if the required number of individual industrial complexes have not been accumulated and the minimum length of service has been accumulated. Consequently, if a mother is considered to have many children, but she does not have the required length of employment and the required number of IPCs, she does not acquire the right to receive benefits. Then you will have to either improve until the standard indicators are achieved or wait for the appointment of a social pension, the amount of which is very low.

How to get additional days of rest to care for a disabled person?

The following conditions must be met to receive an additional 4 days off:

Become the legal representative and guardian of a person with a disability if there is no relationship.
Live together with a person who has a disability.
Submit to the competent authorities a package of documents, including a passport, a sample application, a certificate of a disabled person, a birth certificate of a disabled child, a certificate from the official place of employment.

Social worker

It is good when a social worker has a secondary specialized education or higher professional education, but, unfortunately, at present, people who have no professional training at all are involved in serving elderly citizens and the disabled. To perform this work, many spiritual qualities are required, and people most often come to this profession at the call of their heart.

A social worker is a profession that plays a big role in modern society. It is no secret that the country's population is aging, and the material level and, for the most part, health status do not allow older people to live actively. Sometimes circumstances are such that the only person who connects an elderly person with the outside world is the person representing the social service. In fact, it is thanks to this service that older people who have no one to rely on in life have the opportunity to communicate, purchase food and medicine, and necessary hygiene and household items.

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Temporary incapacity sheet for caring for a person with a disability

There are different ways in which the state supports the disabled. Social support measures include leave to care for a disabled person.

Only an official representative of a disabled person can receive it; for this you need:

submit an application to the social security authorities;
written consent of the ward;
If guardianship is arranged by a relative of the ward, then a power of attorney will be needed.

1 group

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

A person with 1 g. constant assistance from third parties is required. The employee has the right to submit a statement indicating the days that he asks to be provided with.

The employer, if there is a corresponding application, does not have the right to refuse to provide additional days off. The law establishes that the certificate of incapacity for caring for a bedridden patient is a maximum of 2 weeks.

2 groups

The second group is partially able to work. People of the second group also need help, but not as regularly as disabled people of the first. Therefore, it is not always possible to apply for leave to care for a disabled person, class II.

To apply for additional leave, you need to send the following package of documents to the social service:

passport of a citizen of the Russian Federation;
confirmation of relationship;
statement;
disability certificate;
certificate from work.

For a disabled child

The law establishes five grounds for obtaining paid sick leave. This is the care:

For minors up to seven years old. The paid part in this case is no more than two calendar months during the year. However, even if it lasts longer than the specified period, this will not become grounds for dismissal. An officially issued sick leave for child care is a valid reason. Payment will only be due for two months; the rest of the time will not be paid.
For minors from 7 to 15 years. In this case, out of the entire period of care for a sick relative, only fifteen days are paid. If there is another sick leave during the billing period, then fifteen days of it will also be paid. A total of forty-five days can be paid in twelve months.
In cases where a child has a disability since childhood, then the paid period is up to four months.
If a child has oncology, then the temporary disability of the official representative is paid in full, regardless of the time spent on this leave.

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Fact: In all of these cases, the child can undergo treatment both in a hospital and at home - payment will be made in accordance with current legislation.

If a child is sick with the human immunodeficiency virus (HIV), then accrual is made only for the time spent in the hospital. If the patient is being treated at home, no payments will be made.

But it is worth considering that exceeding the established payment limits is not grounds for closing sick leave.

Who can provide care

Before registering payments and pension preferences, it is necessary to determine who can care for a disabled person.

Any person who meets the following conditions is entitled to this:

age – over 18 years old;
Russian citizenship;
not officially employed;
does not receive unemployment benefits, pensions, social benefits, or other income.

These requirements must be documented. Anyone who can care for a disabled person of group 1 is allowed to have or not have family ties with the disabled person.

How to get benefits to care for a sick relative

An unemployed able-bodied citizen who is not registered with an employment center and who is caring for:

disabled person 1 gr.;
a person who has reached the age of eighty.

Fact: The person who provides care receives social benefits, regardless of whether the person being cared for is a member of his family or not.

The amount of monthly charges is 1200 rubles.

Also, benefits are received by persons caring for disabled children and disabled people of group I. since childhood:

parents and guardians RUB 6,000 each;
other persons 1200.

All assigned payments are made together with the pension (once a month), which is received by a disabled citizen or a person with a disability.

For calculation you will need to provide:

passport of the patient and the caregiver;
copies of work records;
statement;
confirmation from the employment center that the person who gets a job caring for a sick person is not registered;
SNILS.

Both parents and close relatives, as well as strangers, can apply for and receive benefits. Payments begin to be made from the month of submitting the corresponding application and all necessary documents to the division of the Pension Fund of the Russian Federation.

Required Documentation

Registration of care is carried out at the Pension Fund. To do this, the guardian must provide the following documents:

How to obtain guardianship for a disabled person

passport and its copy;
SNILS and its copy;
a certificate from the employment center proving that the guardian is not registered and does not receive unemployment benefits;
a certificate from the medical bureau indicating that the person is disabled indicating the group;
a certificate from the tax office confirming that the guardian does not have an individual entrepreneur;
if care is needed by a minor, then a certificate will be required to prove that the child is disabled;
if the guardian is caring for an elderly person, then he will need to present a conclusion from the attending physician on the need for constant care;
work record book of the caring citizen and ward;
A child who has reached 14 years of age can take care of a disabled person. In this case, written consent from parents or legal representatives is required. The child must provide care only during free time from school or another educational institution. You must provide a certificate to the Pension Fund of the Russian Federation or the Republic of Belarus confirming the fact of full-time study;
the citizen who provides care must present a certificate proving that he does not receive pension payments.

Important! If the applicant has a registered individual entrepreneur, but does not perform activities and does not receive income, then he does not have the right to receive compensation.

An application for a cash benefit for a person with limited mobility can be submitted in person to the Pension Fund of the Russian Federation or the Republic of Belarus or through the MFC. If an application is submitted electronically, there will be no increase in deadlines. The application is usually processed within 10 days. Cash payments are assigned from the month the applicant applies for compensation.

Example of calculating sick leave (+ sample)

Sick leave for caring for a patient is calculated taking into account the following factors:

duration of work in the organization;
salary amount for the billing period;
availability of leave with a child under 3 years of age;
length of service in government agencies (if a civil servant).

if the employee has 6 months or less of experience, he receives 180 rubles. per day;
for up to 5 years of experience – 60% of the average salary is paid
if you have 5 years of experience or more, sick leave is paid in the amount of 80% of the average salary;
if you have more than 7 years of experience in government agencies, 100% of your salary is paid.

Sample calculation:

Accountant Ivanova I.I. was on sick leave from April 12 to April 24, 2016. Ivanova I.I.’s insurance record. is 10 years. Calculation period – 2014 and 2015. The total amount of earnings was 300 thousand rubles.

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Since the experience is more than 8 years, the payment will be 100%, that is, 410 rubles. for every day. Since only 7 days are paid, she will receive 2870 rubles: 7 x 410 = 2870 rubles.

The average salary is calculated for the last two years and divided by the number of days in the billing period, that is, 730.

Social worker Social worker

4.1. A social worker has the right: - to all social guarantees provided for by law; — demand the creation of conditions for the performance of official duties; — get acquainted with the draft decisions of the enterprise management concerning its activities; - on issues within his competence, submit proposals for improvement of the institution’s activities and work methods for consideration by the institution’s management; comments on the activities of the institution’s employees; — propose options for eliminating existing shortcomings in the institution’s activities; - request personally or on behalf of the management of the institution from structural divisions and specialists information and documents necessary to fulfill their official duties; - involve specialists from all (individual) structural units in solving the tasks assigned to it (if this is provided for by the regulations on structural units, if not - with the permission of the head of the institution); — demand from the management of the institution to provide assistance in the performance of their official duties and rights; — request personally or on behalf of the immediate supervisor from other structural divisions information and documents necessary to fulfill their official duties; - improve your professional qualifications.

1.1. The position of social worker of the 5th category is accepted for a person who has primary vocational education without requirements for work experience or secondary complete (general) education and work experience in the profile of at least 3 years. 1.2. A social worker is hired and dismissed from work by order of the director of the institution. 1.3. The social worker reports directly to the head of the specialized department of social and medical services at home. 1.4. A social worker does not have employees under his supervision. 1.5. A social worker in his activities is guided by: the current legislation of the Russian Federation on issues of health and social services for the population; Charter of the institution; this job description. 1.6. A social worker must have, along with appropriate qualifications and professionalism, high moral qualities, a sense of responsibility, the ability to work with people, tactfulness, discipline, and diligence. A social worker must be sensitive and attentive to the citizens he serves. 1.7. A social worker must know: - the basics of social policy, law and government, labor and family legislation; — regulatory documents on the organization of social services for elderly citizens and disabled people at home; — organization and principles of housekeeping; — sanitary and hygienic requirements for caring for the elderly and disabled at home; — basic psychology of older people; — basic techniques and methods of providing emergency first aid; — rules and regulations of labor protection, safety and fire protection. 1.8. The social worker reports directly to __________________________________________________________________________. (to the head of the institution, other official) 1.9. During the absence of a social worker (vacation, illness, etc.), his duties are performed by a person appointed by order of the head of the institution. This person acquires the corresponding rights and is responsible for the high-quality and timely performance of the duties assigned to him.

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What documents are needed for sick leave?

To obtain a patient care certificate, you must provide the following documents:

passport (for residents of the Russian Federation), certificate of registration in the territory of the Russian Federation (for non-residents);
an extract from the medical history certified by the head physician of the medical organization;
marriage or birth certificate (confirmation of relationship);
application for leave according to the established template.

If all of the above is presented, the company has no reason to refuse the employee. In cases of unlawful refusal, the organization may be fined in accordance with the Code of Administrative Offenses.

What are the responsibilities of an employee caring for a disabled person of group 1?

A person who looks after a disabled person is not an employee. Payment of benefits to him is one of the forms of state support for disabled people of the first group, which does not relate to paid social services, and is not formalized by orders for hiring and dismissal from work.

As for the bathhouse, in accordance with the List of free and publicly available social services of government institutions, your ward can be provided with one-time assistance in maintaining personal hygiene on a full payment basis.

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Filling out sick leave from the minimum wage by an employer in 2021 - sample

The legislator has established cases in which the minimum wage indicator is taken into account when calculating:

in the billing period under consideration, the employee does not have an official salary;
less than six months of experience;
salary level is below the minimum wage;
missing (for an unexcused reason) an appointment with a doctor.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The presence of any of the above reasons allows you to take it into account when calculating the minimum wage. The minimum wage form is filled out in the same way as a regular sick leave, with the exception of the average earnings column. All required information is entered in the “To be completed by employer” field.

The following information is entered:

insurance experience;
the period for which the benefit was accrued;
average daily earnings. Average daily earnings are calculated by dividing the total amount for two billing periods by 730 days, in this case it will be 311.96 rubles;
the amount of benefits paid at the expense of the employer;
amount from the Social Insurance Fund;
total amount of charges.

How to register a social worker to care for a pensioner

Specialists will assess what kind of assistance needs to be provided to the elderly person. For example, you may only need to buy groceries and pay utilities or help with cooking and cleaning the apartment. As a result, the commission will prepare an individual program for the provision of social services.

How often the social worker will come and what work he will do depends on the degree of need of the pensioner or disabled person and his physical condition. This also takes into account the help of relatives, as well as other citizens who can provide all possible assistance. This can be a maximum of daily visits (except Saturday and Sunday).

15 Sep 2021 etolaw 709

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