Just imagine, mom has worked all year, and today is the first day she is on vacation. You can finally relax, but... the child is sick. Not only does the young woman have to treat him, give him all the medications prescribed by the doctor on time, but she also has to figure out whether it is possible to take sick leave with the child on vacation . Of course, such situations are very rare, but if you are reading this article, it means that it still happened.
In addition, this topic is of interest not only to mothers, but also to accountants. After all, they are the ones who pay for sick leave. Let's look at these questions in more detail.
Period of incapacity.
When an employee gets sick during vacation, according to the labor code, his rest period is postponed to another period. This rule is established in Art. 124 TK.
Sick leave to care for a child is somewhat different from sick leave when the employee himself is sick.
This means that the legislation protects the interests of people; in such cases, it will not leave workers without a livelihood and without the required days for rest.
Note! The employer will postpone the vacation only if the employee writes a corresponding application.
If there is no such document, the boss simply will not know about his employee’s wishes.
The new deadline is directly set by the employee himself. This is said in Art. 124 TK. If the employee decides to use the vacation extension , there is no need to draw up an application.
So, a working parent who is on vacation must take care of the timely opening of sick leave.
It does not matter how he is going to be treated - outpatient or inpatient. The attending physician, in turn, is absolutely indifferent whether the sick person is currently working or is on vacation. It is important for him to have a compulsory medical insurance policy.
In 2021, the introduction of sick leave certificates of a new type began. Now they can be issued electronically.
This means that by 2021, an employee has the right to choose independently what his sick leave will look like: whether it will be issued in paper or electronic form.
The start date of sick leave in the event of an employee’s vacation is considered to be the first day when he first contacted a medical organization. The sick leave certificate ends exactly on the day when the doctor discharges the already recovered child.
Is sick leave paid?
According to the laws of the Russian Federation, a certificate of incapacity for work issued due to the illness of a child during the period of annual parental leave is not subject to payment. This happens because during this period of time the parent does not fulfill his work responsibilities.
The temporary absence of a worker’s ability to work due to the illness of his child can be paid only in a situation where it occurred after his return from vacation. In such a situation, the amount of compensation is calculated according to the usual scheme, taking into account the average monthly salary of the employee.
A certificate of incapacity for work issued due to a child’s illness during the parent’s annual leave period is not subject to payment.
They also pay for sick leave to care for a child if it began before the child was on paid leave and ended after leaving the leave.
Note ! _ In this situation, the vacationer will receive payment for the days from the first working day until the last day on sick leave, inclusive.
What should an employer do?
So, if a working person gets sick, he must first notify his employer.
If a person who is going to take sick leave works in two places, then he is obliged to notify both employers (but for this it is necessary to take several certificates of incapacity for work for each job).
The employer, after receiving a fully documented sick leave, can act according to two schemes:
- transfer part of the days (according to the number on the sick leave) to another period (with the consent of the employee),
- extend the vacation for the time the employee was sick.
In the first case, a statement from the employee will be required, and in the second, no action is required from him.
The application is written addressed to the head of the organization. The fact is that in order to transfer vacation days it is necessary to issue an Order. If the vacation is simply extended, the basis is sick leave.
Some bosses still issue an Order, thus protecting themselves from the need to prove they are right.
Until what age is a child given sick leave?
A certificate of incapacity for work can be issued by an employee only if the age limit is observed:
- Up to 7 years - the employer must provide up to 60 compensated days for any type of illness, without taking into account whether the treatment is inpatient or outpatient.
- From 7-15 years. Landlord up to 15 paid days for any case of illness. The increase in sick leave depends only on the verdict of the medical commission.
- Over 15 years - maximum 3 days for any disease. If the medical commission makes a positive decision, the period can be extended to 7 days.
Social Fund insurance pays compensation according to the following scheme:
- Children under 7 years old - 60 days.
- From 7 to 15 years - no more than 15 days (for 45 days you need a conclusion from a medical commission).
- Over 15 years old - no more than 3 days (for 7 days a conclusion from a medical commission is required).
Note ! _ After the child reaches adulthood, his parents cannot take sick leave to care for him.
Sick leave is only available for caring for a minor child
There are many different subtleties when applying for a certificate of incapacity to care for a child, especially when it comes to cash payments.
For outpatient treatment, payment is made only for the first 10 days of illness, while payments are calculated as usual. The remaining days of voting are paid in the amount of 1⁄2 of the salary.
Cases in which sick leave on vacation will not be paid.
It is worth paying more attention to the issue of payment. Not every sick leave can be paid.
Money will not be transferred:
- if we are talking about sick leave during study leave,
- when the employee was on maternity leave,
- when the employee took a vacation at his own expense,
- if the employee was caring for elderly relatives or small children.
Due to the fact that in these cases, when sick, vacation is not transferred and is not paid, you do not need to take sick leave. It won't affect anything anyway.
Grandmother on sick leave with her grandchildren: how to pay, documents.
Issuing a sick leave certificate to the father if the mother is in the hospital
It happens that a child begins to get sick in a very inappropriate situation. If, for example, his mother is being treated in a hospital or, for some reason, cannot take care of the child herself. According to the legislation of the Russian Federation, any family member has the right to issue a sick leave certificate. Very often this responsibility is assigned to the father of the child.
To obtain a certificate of incapacity for work, a document confirming your identity is required.
Note ! _ Most often, medical institutions do not check relatives caring for children for the degree of relationship, and sick leave is issued without any problems.
The father can also take out sick leave to care for a child.
The duration is determined by the same laws as when issuing a sheet to the mother of a child.
The benefit pays only for a certain number of days, the remaining days are paid by the social fund. insurance does not compensate. But even from such a situation you can find a way out.
If a mother cannot care for her sick child, and the family is considered low-income, then sick leave can be opened for all adult family members in turn:
- the child's father;
- grandmother;
- grandfather.
All family members have the right to take turns taking sick leave
To register a sick leave for a family member, he must be officially employed. A certificate of incapacity for work can be opened only for those employees for whom the employer makes contributions to the Social Insurance Fund.
A certificate of incapacity for work when a child is sick and a parent is on vacation.
If a mother takes sick leave with her child on vacation , the time for rest will not be rescheduled or extended.
Therefore, sick leave should be opened on the day when the woman was supposed to return from vacation (based on clauses 40-41 on the rules for issuing sick leave).
When a woman took leave from April 3 to April 17, and her child fell ill, she must take out a certificate of incapacity for work starting from April 18.
If she takes out a sick leave on the day when the baby got sick, for example, April 15, 2 days that coincided with the vacation, no one will pay her.
A woman whose two children fall ill at once will receive one certificate of incapacity for work.
Is it possible to extend it under the Labor Code of the Russian Federation?
In the Labor Code of the Russian Federation, Article 124 of the Labor Code of the Russian Federation is devoted to issues of extension and transfer.
It does contain a guarantee of extension in case of issuing sick leave during annual leave, but this rule applies only to those cases when the sick person is the vacationer himself.
Is it possible to exercise this right if the employee was on sick leave to care for a child during his vacation?
If a certificate of incapacity for work is opened in connection with caring for a sick child, then regular annual leave is not extended.
The employee is obliged to go to work on the day specified in advance in the order. No guarantees under Article 124 of the Labor Code of the Russian Federation apply to this case.
This limitation is associated with the appointment of annual basic paid leave. An employee needs it to take a break from work duties.
If at this time the vacationer himself falls ill, then full restoration of strength will not be possible, therefore the Labor Code of the Russian Federation provides the opportunity to fully exercise the right to rest - to extend it or reschedule it.
If a child gets sick, then the logic is different. An employee can simultaneously rest and care for a sick person, so legislators believe that there is no reason to extend the rest.
Often, employees themselves choose the time of annual leave for the purpose of devoting this time to caring for a child and restoring his health in sanatoriums and dispensaries.
It is possible to legally extend annual leave when taking sick leave with a child only in one case, if this point is enshrined in a collective agreement or other local act of the employer.
There are no other ways.
Even if, while on vacation, the doctor issues a sick leave certificate to care for a sick relative, there is no point in submitting it to work. The employer will not extend the vacation, and the sick leave will not pay.
Is it possible if the minor was treated in a hospital?
If a child falls ill while a parent is on vacation and is admitted to hospital for treatment, then there is still no right to an extension.
Moreover, there is no right to payment for sick leave that coincides with the vacation period.
Sick leave to care for a child who is being treated in a hospital can be accepted by the employer and paid only for the period that occurred after the end of the vacation period.
Is sick leave paid or not?
Sick leave opened in connection with child care that coincides with the vacation period is not paid.
Only the certificate of incapacity for work that is opened due to the illness of the vacationer is subject to payment.
If the child’s illness continues after the completion of annual leave, then the period from the date of return to work to the date the leave is closed will be paid according to standard rules. At this time, the employee will be able to legally go on sick leave and receive benefits.
Example:
The annual rest period lasts from July 1 to July 14; on July 15, the employee returns to work.
Sick leave for child care is open from July 10 to July 20.
After the vacation, the employee can immediately go on sick leave for the period from July 15 to July 20. He will receive payment of temporary disability benefits only for the period from July 15 to July 20.
The period from 10 to 14 will not be paid, since this time falls on the annual vacation.
Certificate of incapacity for work when caring for a child.
If a woman is on maternity leave, she is not entitled to a certificate of incapacity for work. Don't try to hide the fact that you are caring for a child.
In any case, even sick leave issued in accordance with all the rules and regulations will not be paid.
But if the mother works at home or works part-time, sick leave is still issued. One way or another, vacation is not extended in such situations.
Is sick leave paid for child care?
Sick days that fall during regular vacation are not subject to payment. Even if the employer mistakenly charges money for them, the Social Insurance Fund will not compensate for these expenses.
It’s another matter if the child continues to get sick even after the parent’s vacation has ended. In this case, days that fall during working hours will be paid in accordance with the general procedure.
Despite the seeming injustice of this situation, it also has its advantages. Children, especially young ones, can get sick quite often and for a long time. The legislation limits the number of paid days from the Social Insurance Fund - no more than 90 during the year for preschoolers, provided that the illness is included in a special list. If the illness occurs during vacation, the paid limit is not reduced, and the parent will not have to worry that the child’s next illness will force him to actually take a vacation at his own expense.
Download a sample application for extension of leave (29.0 KiB, 324 hits)
How to extend a mother's vacation if her child gets sick on vacation?
In our opinion, there is only one legal way to extend an employee’s vacation for the period of caring for a sick child. This possibility is provided for in Article 124 of the Labor Code of the Russian Federation and for its implementation it is necessary to consolidate this situation in a local regulatory act. Ideally, it is necessary to introduce into the collective agreement of the organization or internal labor regulations a condition that annual paid leave is extended at the request of the employee for the period of caring for a sick family member. Or limit this circle only to the sick child.
For grandmothers
If both parents do not have the opportunity to care for their sick child, then his working grandmother can open a sick leave sheet in the most legal way.
Note ! _ It must be issued at a medical institution. The opinion of the child’s parents is not taken into account. This is possible even if the parents do not want to issue a certificate of incapacity for work.
There are also exceptions to the rules. Grandmothers cannot receive sick leave in the following situations:
- if the child is over 15 years old and needs hospital treatment;
- when a child has chronic diseases and his disease is in remission.
A grandmother also has the right to take sick leave to care for her grandson
In the above situations, not only the grandmother, but also the mother of the child is not entitled to receive a certificate of incapacity for work.
Also, sick leave cannot be opened during vacation, which the employee takes at his own expense. However, it can be processed and submitted to the HR department upon completion of the vacation.
The employee must submit the ballot to his organization within no more than 6 months from the time it was issued.
If the validity period of the bulletin has already expired, then various problems may arise with obtaining monetary compensation for the period of incapacity for work.
The sick leave must be provided to the employer within 6 months from its receipt.
