How is sick leave paid for child care?
Sick leave for a child is paid from the first day at the expense of the Social Insurance Fund.
The number of paid days depends on several factors: the age of the child, the method of treatment - outpatient or inpatient - and the disease. Child under 7 years old, outpatient treatment . The Social Insurance Fund will pay for 60 days during the year. The period increases to 90 days if the child’s illness is listed in the Appendix to the Order of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008 No. 84n. Within the framework of one insured event, an unlimited number of days will be paid.
Child under 7 years old, hospital . The state will pay for all days spent by the parent and child in the hospital.
Child 7-15 years old, outpatient treatment . For one insured event, they will pay for a maximum of 15 days, within a year - 45.
Child 7-15 years old, inpatient treatment . For each insured event, the Social Insurance Fund will pay sick leave for a maximum of 15 days.
Child over 15 years old . The rule for calculating sick leave applies here as when caring for a sick family member. For outpatient treatment, no more than 7 days will be paid for each case of illness. Within a year, the limit is 30 days.
Disabled child under 18 years of age . For outpatient treatment, a maximum of 120 days will be paid during the year. Within one case of treatment, outpatient or inpatient, the number of days is not limited.
A disabled child under 18 years of age with HIV or an illness associated with a post-vaccination complication . In such a situation, the FSS does not limit the number of paid days.
Important! The child's age is determined at the date of onset of the disease.
The days for payment are calculated by the employer, as stated in the Letter of the Federal Social Insurance Fund of the Russian Federation dated December 19, 2014 No. 17-03-14/06-18772.
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Until what age is the mother given a certificate of incapacity for work?
The procedure for issuing sick leave for child care is established by the Order of the Ministry of Health and Social Development dated June 29, 2011. No. 624n , it also tells how old a mother is given such a document. A certificate of incapacity for work can be issued for a child under the age of 15, as well as for a child under the age of 18 in the presence of a certain number of diseases:
- up to 7 years - the form is issued for the entire period of the child’s treatment, it does not matter where it is carried out;
- from 7 to 15 years - if the child is treated on an outpatient basis or the mother is in the hospital with the child, then sick leave is issued for up to 15 days (more than 15 days by decision of the medical commission);
- up to 18 years of age - if the child has a disability group, is HIV-infected, has cancer or a disease caused by a post-vaccination complication.
It is worth noting that if the mother is on vacation during the child’s illness, then she will not be able to receive a sick leave certificate (clause 40 of Order No. 624n.).
We talked in more detail about the age at which a child can receive sick leave to care for him, and this article talks about how many days sick leave is given.
How is sick leave calculated for child care?
The amount of the benefit depends on the average daily earnings. It is calculated using the following formula:
Average earnings = Sum of payments for the previous 2 years / 730
In 2021, the calculation requires the amounts of payments in 2021 and 2021. The legislator has provided limits for the base for calculating insurance premiums: in 2021, when calculating average earnings, more than 865,000 rubles cannot be included in the calculation, in 2021 - 815,000 rubles. That is, in 2020 the maximum average daily earnings is:
(RUB 815,000 + RUB 865,000) / 730 days = 2,301 rub. 37 kopecks
The minimum benefit amount has also been established. It depends on the minimum wage on the day of onset of the disease:
RUB 12,130 * 24 months / 730 days = 398 rub. 79 kopecks
When determining benefits, remember to compare the employee's benefit to the minimum and maximum amounts.
Next, we calculate the amount of the benefit using the formula:
Benefit amount = Average earnings * % of length of service * Number of sick days
The percentage of experience can range from 60% to 100%. You can get 100% only if you have at least 8 years of work experience. 80% goes to employees with 5 to 8 years of experience. And 60% is the percentage for employees with less than 5 years of experience.
The number of days of illness is indicated on the sick leave certificate. The employer’s task is to control whether the number of child care days that are subject to payment has been exhausted. If the sick leave indicates more days than the employee has left, accrue only the due portion.
The calculation uses the insurance period - the period of work of the employee when insurance premiums were paid for him by all his employers. You can recognize him by looking at his work record.
Important! When caring for a child under 15 years of age for outpatient treatment after 10 days of illness, all subsequent days are paid at a rate of 50% of the average daily earnings.
Benefits are accrued based on a certificate of incapacity for work within 10 calendar days from the date of its transfer to the employer.
Who can take sick leave with a child?
Sick leave to care for a child can be taken by any parent (guardian, trustee) caring for a child. Other relatives, such as a grandmother, can also receive sick leave. The main condition for receiving it is the citizen’s official employment; if he is an individual entrepreneur, he must pay insurance contributions to the Social Insurance Fund.
Is sick leave given if a kindergarten or school is closed for quarantine, and is it paid?
If desired, different family members can take sick leave to care for a sick child, taking turns replacing each other. The main thing is that the duration of sick leave does not exceed the established period.
A certificate of incapacity for work can be taken even if the relative and the child do not live together.
According to the law, a citizen cannot be on 2 vacations at the same time, so sick leave may be denied if a relative of the child is already on:
- on annual paid leave, or resting at his own expense
- on maternity leave
- on parental leave for a child under 3 years of age, but does not work part-time or from home
If a child gets sick while on vacation, but the vacation is over and the child is sick, then sick leave is taken from the end date of the vacation.
Example: The mother was on maternity leave until January 20, 2021. But on the 15th the child fell ill and remained ill until the 25th of the same month. Due to the fact that the vacation ended on the 20th, the mother will receive sick leave from the 21st to the 25th.
Only officially employed citizens can receive a temporary disability certificate.
How to fill out a sick leave certificate
The employer fills out only part of the form. Enter the employee’s data, length of service, average earnings, the period for which the benefit is calculated and its amount. The head and accountant of the company put their signatures.
In the line “Reason of disability”, enter the appropriate code:
- 09 - standard code for child care;
- 12 - caring for a seriously ill child under 7 years of age;
- 13 - caring for a disabled child;
- 14 — caring for a disabled child with a complication after vaccination;
- 15 — caring for a child with HIV.
How to get a certificate of incapacity for work if a minor falls ill?
A child’s illness does not always require mandatory hospitalization in a medical facility. Often the child is treated at home under the supervision of parents or other family members. A certificate of incapacity for work can be opened both during outpatient treatment and upon admission to a hospital inpatient unit.
In the first case, a relative with a sick child must visit the clinic on time, and in the second case, the person caring for the child must stay with him in the hospital.
If a child is being treated at home, a certificate of incapacity for work can be opened for a family member by a local pediatrician or a specialist doctor with whom he is being treated.
If a child is admitted to a hospital, then a relative who is staying in the hospital with him contacts the attending physician in the hospital to open a sick leave certificate.
You will learn about some of the nuances associated with registering a BC if a child has chickenpox or a quarantine has been declared in his kindergarten from separate articles on our portal.
List of documents
Since the doctor enters the personal data of the sick child, as well as the family member who is caring for him, into the sick leave form, the following documents are required to complete it:
- child's birth certificate;
- medical insurance;
- passport of the applying relative.
A mother, father or any other relative can receive sick leave to care for a child (Order No. 624n dated June 29, 2011). Regardless of the degree of relationship, the list of documents presented will be the same. Additional papers confirming the relationship with the child are not required. You will only need to correctly indicate the relationship code in the BC.
Is personal presence of the patient and caregiver necessary?
The main condition for opening a certificate of incapacity for work is the personal presence at the doctor’s appointment of the child and family member in whose name the certificate of incapacity will be opened. This requirement applies to both a visit to the clinic and calling a doctor to your home.
Personal presence is necessary not only for the initial opening of the sheet, but also for its renewal, as well as its closing.
From what date is the newsletter issued?
The date of opening of the certificate of incapacity for work is considered to be the initial appointment with the doctor. It is from this day that the insured person will receive benefits. If the doctor was called to the home to examine the child, then the sheet opens from the date the doctor was called.
According to paragraph 40 of Order No. 624n, weekends do not belong to the list of periods when a mother or other relative caring for a sick child should not be released from work, therefore a sick leave certificate is opened on any day, including weekends and holidays (more details on that, paid whether BC for child care on weekends and holidays, we talked about here).
If symptoms of an illness are detected, there is no need to delay going to the clinic, since the doctor will not issue a certificate of incapacity for work for the past period, even if the fact of the illness is obvious. Sick leave can be issued only on the day of visiting a clinic or calling a doctor at home.
When is the document delivered?
There are two options for obtaining a certificate of incapacity for work:
- The doctor opens the sheet and gives it to the person who applied for treatment of a sick child on the first day of admission. To close or extend it, the document will need to be presented at the child’s next doctor’s examination. The entire period of illness is kept by the insured person.
- The doctor opens the sheet during the initial examination, but leaves the document for safekeeping. During the last visit, the doctor closes it and gives it to the child’s relative.
Sick leave for 2 children
The main difficulty when applying for sick leave for 2 children is controlling the paid limits. It must be maintained for each employee’s child separately. If children are sick at the same time, one sick leave certificate is issued, which serves as the basis for calculating benefits.
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Is it possible to issue two b/l?
If a parent or other caring relative is officially employed in two organizations at once, then he has the right to receive 2 certificates of incapacity for work. The insured person will receive temporary disability benefits from each employer. This right is spelled out in paragraph 2 of Art. 13 of the Law of December 29, 2006 No. 255-FZ.
The employer can accrue payments only if there is an original certificate of incapacity for work. Therefore, a relative caring for a sick child must open two different sick leave certificates with the doctor, each of which will indicate a specific employing organization.
What to do with a certificate of incapacity for work?
When should you notify the employer that the employee cannot go to work?
Not a single legal act specifies the employee’s obligation to notify his employer about going on sick leave, nor does it establish a time frame within which the employee is obliged to notify the organization of his illness. We can say that an employee can notify the employer about going on sick leave only on his own initiative.
HR specialists believe that the employer has the right to indicate in the internal rules the obligation to timely notify of illness, and if this rule is not observed, to impose disciplinary liability. But many lawyers believe that this would be a violation of labor legislation, since in this case the employee is assigned additional functions (Article 8 of the Labor Code of the Russian Federation).
What papers should I prepare?
After the child’s recovery, the caring relative receives a closed certificate of incapacity for work from the attending physician. When returning to work, the original of this document must be provided to the employer to calculate temporary disability benefits.
The sick leave certificate contains the following information:
- disease cause code “09”;
- age of the child (up to what age is BL given?);
- code of relationship between a family member and a child;
- Child's full name.
An example of filling out a sick leave certificate for child care:
If more than one child was sick, information is entered for each child.
In addition, the employee writes a corresponding statement. The application form is established by the Order dated November 24, 2017. No. 578. The employee fills out the form by hand or in print, but the document should not contain errors, typos, or corrections. The application contains the following information:
- insurance case;
- method of payment of benefits;
- data of the insured person;
- information from the certificate of incapacity for work;
- name of the enterprise;
- date of application;
- applicant's signature.
Cells that are not relevant to a specific case are left blank.
