Additional leave for parents of disabled children in 2021

Leave granted to parents of a disabled child

Parents of a child who has a disability may enjoy all standard rights. Among these rights is the provision of annual leave with all payments, the calculation of which is based on the average salary of the employee. Such rest time is provided on a first-come, first-served basis, in strict accordance with the vacation schedule adopted by the manager.
In 2015, changes were made to the labor legislation, a new article 262.1 appeared, according to which parents raising a child with a disability can count on receiving additional guarantees:

1. The opportunity to go on vacation at a time chosen by the parent, but only on the condition that such a need is due to the need to provide a child with a disability with proper care.
2. The right to receive additional days off.

All of the above guarantees apply only to parents of minor children.

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Article 262.1. The order of granting annual paid leave to persons raising disabled children by the Labor Code of the Russian Federation

Persons eligible for additional paid time off

Every month, workers with dependent infants/adolescents with disabilities under 18 years of age can take advantage of an extraordinary four days off. This right is provided by the provisions of labor legislation. If there is not one, but two or more children with disabilities in the family, the number of additional weekends do not increase, but remain the same. This employment privilege can be used by:

1. Biological mother or father of a child with a developmental disability;
2. Adoptive parents of a child with a disability;
3. Guardians of disabled children who have officially recorded this status;
4. A guardian who has been appointed to the child by the relevant government agencies.

If citizens carry out labor activities not for a specific employer, but personally for themselves (for example, they are individual entrepreneurs), then they cannot take advantage of the right to receive extraordinary days off.

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What is additional paid leave?

No additional leaves, paid by the employer or the Social Insurance Fund, are provided for parents of a disabled child. But some perceive this guarantee as one of the following rights:

1. The right to receive standard leave, which is issued in accordance with benefits.
2. The right to receive leave intended to care for a child under 3 years of age.
3. The right to receive additional days off.

As a rule, experts consider the latter right as a guarantee of providing a second leave for parents of disabled children.

Important! Either the mother or the father can exercise this right; to exercise it, the employee is obliged to draw up an application and submit it to his supervisor (Article 262 of the Labor Code of the Russian Federation). It is the employer's responsibility to provide the employee with such leave, otherwise he may face penalties.

Documentation

To apply for additional days off, the employee must submit the following package of documents to his direct employer:

1. A conclusion that confirms the presence of disability.
2. Papers that confirm the child’s place of residence.
3. Certificate of birth or adoption of a child.
4. A certificate received from the spouse’s place of work, which confirms that he has not yet exercised his right to additional days off.

Almost all of the above documents are provided only for the first time. In the future, the employee will only be able to provide a statement and an expert opinion.

Procedure for granting leave

The procedure for registering additional days off is established by law (Resolution of the Government of the Russian Federation of October 13, 2014 N 1048 “On the procedure for providing additional paid days off for caring for disabled children” (hereinafter referred to as the Rules)) and consists of several procedures :

1. Drawing up an application in the prescribed form and submitting it to your direct employer (clauses 2 - 4 of the Rules for the provision of additional days off).
2. Providing documents that confirm the right to obtain an additional day off.
3. Drawing up an order according to which a citizen can use the received day off.
4. Familiarization of the employee with the finished order, in which he must affix his signature.

Attention!
According to the law, an employee has the right to indicate in the application those weekend dates that are convenient for him. But, as a rule, the final decision is made after negotiations with the employer. If the parent independently entered the dates of the weekend in his application (for example, he needs to visit a doctor or procedure with his child on a specific day), the employer does not have the right to refuse him. Otherwise, he will face administrative penalties.

What has the state prepared for mothers and caregivers of a disabled child?

There are many benefits. Depending on the form of assignment, they are: paid in money, issued in kind, preserving a person’s personal time. When developing privileges, the state carefully tried to ensure that not a single source of life support was inaccessible to a family with disabled children.

People who create comfortable living conditions for a child with disabilities will receive tax, labor and social benefits in 2021. Tax privileges consist of providing deductions for the income received during the reporting period.

Labor benefits include:

• advantages during employment and dismissal;
• performing duties for less time than stipulated by the work schedule;
• provision of additional leave without pay;
• extended sick leave;
• old age pension is issued earlier than usual.

Social benefits include the following monetary compensation:

• payment for housing and communal services;
• for the work of medical institutions.

Traveling as an accompanying person on local routes and in transport that carries out both intercity and suburban passenger transportation does not require payment of a ticket.

Additional leave without pay

An employee with a disabled child under the age of 18 may be granted additional annual leave without pay, if this is provided for in the collective agreement (Article 263 of the Labor Code of the Russian Federation).
If this leave is not provided for by the collective agreement, then such leave can only be granted by decision of the employer. When an employee is granted unpaid leave, there are several ways in which the employee can use the additional unpaid leave days received:

1. Adding additional days of rest to annual paid leave.
2. Dividing the vacation into parts.
3. Use all additional 14 days of rest at once.

According to the law, the days of such additional leave are not transferred to the next year, but simply expire.

When applying for unpaid leave, there are several rules to consider:

1. The maximum duration of rest time is limited to 2 weeks.
2. The leave is completely unpaid.
3. The parent has the right to take such leave at his own discretion.

Additional standards

All guarantees used by the parent cannot affect working conditions and other rights: provision of basic leave, accrual of length of service. The law also establishes some norms regarding the length of the working day:

• If the shift duration is more than 4 hours, the employee must be given a lunch break.
• The employee may be given reduced hours. To do this, he needs to draw up an application indicating a convenient work schedule.
• Going on business trips, engaging in overtime work - all this, according to Article 259 of the Labor Code of the Russian Federation, is possible only with the consent of the parent in writing. The employee must first be informed of his right to refuse the employer.

Guarantees are provided as part of benefits for persons with disabilities.

Vacation registration

Registration of leave occurs with the obligatory execution of an order from the head of the organization. In turn, it is enough for the employee to present an application and documents confirming the right to receive such a state guarantee.

Procedure for drawing up an application

The application contains the following information:

1. Personal information of the parent.
2. Information about a child with a disability.
3. The name of the organization where the employee works.
4. The basis on which an employee has the right to receive additional days of rest.
5. The nature of the work activity carried out by the citizen.
6. Date of application and signature of the applicant.

Attention! A distinctive feature of such days of rest is that it is given to both parents at once. Therefore, if the child’s mother applied for part of the vacation days, the father can only use the remaining part after that.

Documentation

To apply for leave, the employee must provide the head of the enterprise with the following documents:

1. Document confirming the completion of the examination.
2. Statement.
3. Certificate of permanent residence of the child.
4. Certificate of birth of the baby.
5. A certificate received from the spouse’s place of work and confirming that he did not exercise his right to receive additional leave.

Persons entitled to receive additional leave

Extraordinary leave, which is entitled to citizens if they need to stay with a disabled child, is not subject to payment by the employer. The main features of this vacation period include:

• The duration should not exceed two weeks;
• This time interval can be used immediately, divided into separate segments, or added to the annual compulsory leave;
• This type of leave is not mandatory and is provided only with the consent of the employer. The right to receive it must be enshrined in a local document of the enterprise, for example, in the employment contract of the parties;
• To receive additional leave, disabled children must be minors and require parental care;
• The employer has the right to call an employee back from this leave if there is an urgent need. The remaining days will not be carried over to another vacation period.

This employment privilege can be used by:

1. Biological mother or father of a child with a developmental disability;
2. Adoptive parents of a child with a disability;
3. Guardians of disabled children who have officially recorded this status;
4. A guardian who has been appointed to the child by the relevant government agencies.

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Social benefits for mothers of disabled children

In February 2013, by presidential decree No. 175, the person actually caring for a disabled child is paid an amount of 5,500 rubles. This is salary compensation. To receive it, parents or guardians must be recognized as unemployed. Payment of utility bills for such citizens has been reduced by 50%. They travel for free on city and suburban routes when the trips are related to accompanying a child under their care.

In intercity traffic, such benefits are provided for delivery to the place of sanatorium treatment no more than once a year. The provision of medicines for disabled children is free, as is the provision of the necessary special transport.

Money spent on the education of disabled children is returned by the state. However, this is done only if a disability associated with mental disorders is assigned. Moreover, training should take place in specialized non-governmental institutions. Benefits for caring for disabled children are discussed in more detail in Law No. 181, adopted on November 24, 1995.

Manager's order

Based on the employee’s application, the employer issues an order (in any form) to provide additional days off. It should indicate:

• FULL NAME. and the position of the employee;
• dates for providing days off;
• reasons for providing additional days off;
• payment information.

In addition, the document should include a line indicating that the employee is familiar with the order.

Read in the taker

A manager’s order to provide an employee with additional days off may look like what is shown in the berator

Employee's application for additional days off

The application form for additional days off was approved by Order No. 1055n of the Ministry of Labor and Social Protection of Russia dated December 19, 2014. The frequency of filing an application (monthly, once a quarter, once a year, upon request, etc.) is determined by the parent (guardian, trustee) in agreement with the employer, depending on the need to use additional paid days off.

Read in the taker

View the completed application form in the taker.

Taxation of personal income tax

Officials have repeatedly expressed that payments made in the form of additional paid four days off per month to one of the working parents (guardian, trustee) to care for disabled children should be subject to personal income tax (letters of the Ministry of Finance of Russia dated July 1, 2011 No. 03-04 -08/8-101, dated December 12, 2007 No. 03-04-05-01/407; letter of the Federal Tax Service of Russia dated July 31, 2006 No. 04-1-02/ [email protected] ).

However, the Federal Tax Service of Russia in a letter dated August 9, 2011 No. AS-4-3/ [email protected] indicated that payment for additional days off provided for caring for disabled children is exempt from personal income tax as a payment transferred in accordance with the law (p. 1 Article 217 of the Tax Code of the Russian Federation). A similar opinion was expressed by the Presidium of the Supreme Arbitration Court of the Russian Federation in a resolution dated June 8, 2010. No. 1798/10.

Thus, payment for additional days off to care for disabled children is not subject to personal income tax.

Required documents

The parent must attach to the application:

• a certificate confirming the fact of disability (form approved by order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n);
• documents confirming the place of residence (stay or actual residence) of a disabled child;
• birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child;
• a certificate from the other parent’s place of work stating that at the time of application, additional days off in the same calendar month were not used or were partially used.

A certificate confirming the fact that a child’s disability has been established is submitted in accordance with the deadlines for determining disability (once a year, once every 2 years, once every 5 years, once).

Documents confirming the place of residence and a child’s birth (adoption) certificate or a document confirming the establishment of guardianship or guardianship over a disabled child or employee are submitted once.

A certificate from the place of work of the other parent (guardian, trustee) must be submitted each time you submit an application.

If the other parent is not in an employment relationship, instead of a certificate, the employer needs to submit documents confirming this fact. Similarly, in the case when the second parent is an individual entrepreneur, lawyer, notary engaged in private practice, etc., documents confirming this must be attached to the application.

note

The employee is responsible for the accuracy of the information submitted by the parent (guardian, trustee), on the basis of which the employer provides additional paid days off.