Hospital for child care. Sick leave for child care How sick leave for child care is paid

An employee can receive compensation from the employer not only in case of loss of working capacity due to his illness or injury, but also in case of illness of the child (sick leave for child care). This guarantee to the worker is provided by Article 5 of the 255th Law of December 29, 2006 (as amended on March 9, 2016).

Compensation takes the form of benefits due to loss of working capacity in connection with caring for a sick child, it is paid by the employer on the basis of a sick leave issued by the employee and issued by a doctor. The right to receive benefits appears on the condition that the child's illness occurred at the time the parent had official employment and salary with the mandatory deduction of insurance-type contributions to the Social Insurance Fund.

Providing sick leave for a child

The presence of a certificate of incapacity for work, formed by a doctor due to the illness of a child, is sufficient for the employer to pay this sheet to his employee in accordance with the requirements of the 255th law.

It is not required to provide additional documentation confirming the degree of relationship with the diseased.

All necessary information will be included in the disability certificate. In this form, the code 09, which means the illness of a family member, is put as the reason for the loss of the employee's ability to work. It will also indicate the age of the child (full number of years or months in the "care" line), as well as the degree of relationship:

• 38 - payment is made to the mother of the child;
• 39 - father;
• 42 - to another person who is related to the sick person.

The allowance can be received by any person who has a family relationship with the child, and at the same time actually cares for him. It is impossible to combine patient care and performance of work duties. A person receiving an allowance cannot receive a salary at the same time, as these are mutually exclusive things.

A situation is possible when the child's parent takes sick leave, receives benefits, and the grandmother treats the patient, while the parent works and receives remuneration for his work. It is not right. If the parent provides the employer with a sheet confirming the illness of the child, then he cannot work at his workplace. Such a person receives compensation on a sheet and does not work throughout the entire period of illness for which sick leave is open.

Sick leave for child care can be paid if 1, 2 or more children fall ill. At the same time, data about them can be reflected in one sheet of disability, if there are no more than 2 children. If there are three or more children, an additional sheet will be issued.

This situation has the following features:

1. If two or more children fall ill, then each person can be cared for by different persons, and a separate certificate of incapacity for work is issued for each sick person to present to the employer;
2. One sick leave for one minor can be divided into several parts issued to different family members caring for a sick child in a given time period.

Sick pay for childcare

The sixth article of the 255th federal law contains a limit on the number of paid sick days for each disease and in total for the year.

Patient's age	Maximum number of days for each insurance event	Maximum total number of days per year
Less than 7 years old	The entire period reflected in the sick leave	60
Over 7 years old but under 15	15	45
More than 15 years (if treatment is carried out outside the hospital)	3	30
Disabled child of any age	All period	120
Child of any age with HIV infection	The entire period of hospitalization	–
A child of any age with cancer or radiation disease	All period	–

The decision of the medical commission may extend the specified period until the child recovers.

The benefit that is issued to a person who has presented a disability certificate is calculated as a certain percentage of the average wages for a period called the billing period. As the last, 2 years are taken, going before the year when the child fell ill.

The amount of payment depends on the following parameters:

• The duration of the sick leave;
• insurance experience;
• Place of treatment.

Article 7 of the 255th law prescribes the relationship between the duration of the child's illness and the amount of payment.

If care is provided at home, then the first 10 days are paid depending on the length of service of the parent, the next - 50% of the average salary.

When undergoing treatment in a medical institution, all days are paid according to the actual period of work of the parent with contributions to the fund. That is, the percentage of payment for sick leave is affected by the actual insurance experience of the person caring for the patient.

The dependence on experience is as follows:

• 100% of the average salary - from 8 years of experience;
• 80% - from 5 to 8;
• 60% - up to 5.

Calculation of sick leave for child care

When calculating hospital compensation, the following steps must be taken:

1. Determine the period for performing the calculation;
2. Calculate the total number of days in this period, taking into account all weekends and holidays;
3. Determine the total amount of funds paid for this period, from which contributions to the fund were paid;
4. Calculate the average earnings for one day by dividing the total salary by the number of settlement days;
5. Multiply the daily average earnings by the corresponding percentage;
6. Multiply the result of the last multiplication by the number of sick days.

The nuances of the calculation

Billing period is 2 calendar years(from 01.01 to 31.12) preceding the year of the child's illness.

When determining the billing period, it should be taken into account that the days when social contributions to the fund were not made (sick leave, caring for a child under 3 years old, maternity leave) are not taken into account. If such periods were in the estimated two years, then they must be subtracted from the total number of days.

When calculating the total earnings, it is not necessary to take into account the funds that the employer issued to his employee, but did not deduct social contributions from these funds (benefits, material assistance over 4,000 rubles, compensation for food, travel).

The total annual earnings involved in the calculation cannot exceed certain values, called marginal. In particular, for 2014, the maximum possible amount of recorded earnings was set at 624,000 rubles, for 2015 - 670,000 rubles. If these values ​​are exceeded, limit values ​​must be taken into account.

If the length of service does not exceed six months, then the allowance is minimal, for a full month it is not more than the minimum wage at the current moment (taking into account the available regional coefficients).

Calculation example

The employee's five-year-old son fell ill, the sick leave was opened on 04/07/16 and closed on 04/30/16. The entire period of treatment took place at home. Insurance experience - 6.5 years. Total earnings for 2014 - 600,000 rubles, for 2015 - 700,000 rubles. In 2015, an employee was on sick leave for 10 days.

1. Billing period - from 01/01/2014 to 12/31/2015;
2. Number of days = 365 + (365-10) = 720;
3. Total earnings \u003d 600,000 + 670,000 \u003d 1,270,000 rubles;
4. Average earnings per day = 1270000/720 = 1763.89 rubles;
5. Sick leave for 10 days. (from 07.04 to 16.04) = 1763.89 * 80% * 10 = 14111.12 rubles;
6. Sick leave for the following days (from April 17 to March 30) = 1763.89 * 50% * 14 = 12347.23 rubles;
7. The total amount of compensation = 14111.12 + 12347.23 = 26458.35 rubles.

Sick leave to care for a child on vacation

It is possible that an employee whose child is sick is on one of the vacations at that moment:

• In connection with childcare.
• No content.

All these cases are not grounds for issuing hospital compensation. The employee stays at home during the period of illness of the child, does not break away from the workplace and perform duties, and therefore can calmly carry out the necessary care for the sick.

That is, the company does not have to pay its employee on sick leave for a child’s illness if it is open at the time of his vacation.

As soon as the vacation ends, from the first working day you can write out a certificate of incapacity for work (if this is still required), according to which the necessary compensation calculations are already being made.

Hospital care for a child 7 years

7 years is the limiting age within which a parent can receive compensation for the entire time of illness, while in total for a year for all cases of illness, you can receive payment for sixty calendar days.

If the child is already 7 years old, then compensation can already be received only for 15 days for each case of the disease. At the same time, a total annual limit of 45 days applies.

If the treatment takes place at home, then the first 10 days are paid as the average earnings per day, multiplied by%, corresponding to the length of service of the parent for whom the sick leave is issued. The following days are paid as 50% of the average earnings. If treatment is carried out in a hospital, then the entire sick leave for child care is calculated based on the length of service.

Hospital for child care 3 years

If the baby is under 3 years old, and at the same time any of his parents is on parental leave, then the payment of sick leave benefits issued due to the child’s illness is not carried out.

If such leave is not issued, and the parent presents sick leave to care for the child, then the employer is obliged to pay the entire period of illness indicated on the disability certificate.

The amount of payment is calculated in the same way as for a child within 7 years.

If the age has reached or exceeded 3 years, then the parental leave period ends and the parent is obliged to start their work duties. If at the same time the baby falls ill, then the company pays the entire sick leave in accordance with the rules prescribed for children under 7 years old.

Childcare sick leave is a monetary compensation for the time of incapacity for work due to a childhood illness. We will consider all the features and nuances associated with payments under such documentation in this article.

Payment for sick leave for child care: theoretical and regulatory framework

In accordance with Art. 183 of the Labor Code of the Russian Federation, the period of disability associated with illness is compensated for the employee. The same guarantees apply in case of need to care for a sick child.

The amount and procedure for compensation is determined by a number of legislative documents. Among them:

How to take care of a sick child

To confirm the fact of caring for a sick child and, accordingly, the legitimacy of missing work, a working citizen is provided with a sick leave. The document draws up medical institution that treats the patient. A specific list of organizations and health workers who have the right to do this is given in paragraphs. 2, 3 of the procedure for issuing certificates of incapacity for work, approved. Order of the Ministry of Health and Social Development of the Russian Federation No. 624n.

A standard form and information on filling out a hospital document are covered in the order of the Ministry of Health and Social Development of the Russian Federation “On approval of the form of a sick leave form” dated April 26, 2011 No. 347n. Recommendations for the execution of this document are presented in the letters of the Social Insurance Fund:

• dated 05.08.2011 No. 14-03-11/05-8545;
• dated September 14, 2011 No. 14-03-11/15-8056;
• dated October 28, 2011 No. 14-03-18/15-12956.

IMPORTANT! A hospital document can be issued to any relative of the child who takes care of him during illness. At the same time, the specialist who presented the certificate of incapacity for work is released from work, since it is impossible to receive both a salary and sick leave compensation at the same time. This is contrary to the meaning of these payments.

A sick leave can be issued for the care of several sick children at the same time and for several relatives:

Don't know your rights?

• if sick - 2 children, then one sick leave is issued, if more than two children, then an additional document is issued;
• if several sick children are cared for by different relatives, then each of them is issued with a disability document that they present to work;
• sick leave for caring for one sick person can be divided among several relatives caring for a specific period of time.

The procedure for payment of incapacity for work in connection with the illness of a child

Payment for the time of absence from the workplace associated with the provision of assistance to a sick child is made in compliance with the requirements of paragraph 5 of Art. 6 of Law No. 255-FZ and clause 35 of the procedure for issuing sick leave certificates, approved. Order of the Ministry of Health and Social Development of the Russian Federation No. 624n. In accordance with these standards, for each episode of the disease and in total during the year, the following number of days is compensated:

• in the period of treatment of a patient under 7 years old - a full episode of treatment, but not more than 60 days in total per year in standard situations or 90 days throughout the year in the presence of diseases that make up the list approved by order of the Ministry of Health and Social Development of the Russian Federation dated February 20, 2008 No. 84n;

Important! From 04/10/2018, a sick leave certificate is issued for the entire period of illness of a child under 7 years of age (a disabled child under 18 years of age, as well as post-vaccination complications, HIV and oncology in children under 18 years of age) without any restrictions (order of the Ministry of Health and Social Development dated 11/28/2017 No. 953n). But when paying benefits, the above restrictions continue to apply. In order not to overpay the allowance and not underestimate the contributions, we recommend that you organize the accounting of days for paid sick leave for child care, for example, record such days in a special register.

• when providing assistance to a sick person 7-15 years old - 15 days of treatment for any fact of the disease, but not more than 45 days in total per year;
• care for a sick teenager over 15 years of age is compensated for 3 days in each episode of the disease (or 7 days by decision of the commission of doctors), no longer than 30 days a year;
• absence from the workplace associated with caring for a sick minor with a disability is compensated for the entire episode of the disease, but not more than 120 days per year;
• a disability document related to the provision of assistance to an HIV-infected minor is paid for the entire time spent on treatment in a hospital;
• in case of a minor’s illness associated with oncology or post-vaccination complications, determined by Decree of the Government of the Russian Federation of 08.02.1999 No. 885, sick leave is paid for the entire episode of treatment both in the hospital and on an outpatient basis;
• in accordance with Art. 25 of the Law of the Russian Federation No. 1244-1 in case of illness of a child under 15 years old, under the conditions specified in the law, the entire period of care is compensated.

How much is paid for children's sick leave?

The amount of payment for sick leave for child care is determined in Art. 7 clause 3 of Law No. 255-FZ and depends on:

• from the place of treatment;
• the duration of the disability certificate;
• insurance experience of the worker.

Respectively:

1. If the treatment of the child is carried out on an outpatient basis, then:
   • the first 10 days of sick leave is compensated based on the duration of the insurance experience of the caring relative;
   • the rest of the term - 50% of the average payment labor activity.
2. If the treatment is carried out in a hospital, then the compensation is calculated based on the duration of the insurance period caring for the patient, for the entire period of treatment.

The amount of compensation in proportion to the length of service is:

• 100% of the average earnings, if the insurance period is 8 years or more;
• 80% of the average wage, if the experience is from 5 to 8 years;
• 60% of the average amount earned if the experience is less than 5 years.
• 100% of the average earnings, regardless of the length of service, are compensated to persons falling under the definition of Art. 25 of the Law of the Russian Federation No. 1244-1.

Calculation of payment for children's sick leave

Download the calculation form

Calculation of compensation for an episode of disability associated with the care of a sick child is carried out in accordance with Art. 14 of Law No. 255-FZ, taking into account the average amount of remuneration for labor activity. Average earnings are calculated for 2 years (including periods of work in other organizations) that preceded the year of registration of hospital documentation. That is, for sick leave issued in 2019, the average payment is determined for 2017 and 2018.

If in both years required for calculation, or in one of them, the employee was on maternity leave or on parental leave, this time period can be replaced (at the request of the employee) by earlier years if this contributes to an increase in the amount of compensation.

In a situation where in the accounting years the employee had no income or it was insufficient (did not reach the minimum wage per month), to determine the amount of payment under the disability document, the average earnings are taken equal to the minimum wage on the day the hospital documentation was issued (clause 1.1 of Art. 14 of Law No. 255-FZ). For part-time workers during the period of assistance to a sick child, the determination of the average earnings for calculating sick leave compensation occurs in proportion to the length of working time.

In what cases sick leave is not issued for a child

In accordance with paragraph 40 of the order of the Ministry of Health and Social Development of the Russian Federation No. 624n, a hospital document for caring for a child is not provided:

• while being treated in stationary institution a teenager over 15 years old;
• if the illness occurred at the time of the planned vacation or leave without pay (the registration of hospital documentation will take place on the first working day after the vacation);
• if assistance to a sick person is provided while an employee is on maternity leave or during a parental leave period of up to 3 years, with the exception of simultaneous home work or part-time work.

In addition, it is important to know that if the sick leave was issued on a day off, the Social Insurance Fund may refuse to pay. Therefore, they are not discharged in the hospital on weekends. And despite the fact that there is an ambiguous arbitrage practice in such cases, it is worth paying more attention to the issuance of such an important document as a disability certificate for child care, and avoid controversial issues in its execution.

A sick leave for child care at least once in a lifetime was issued by each of the parents. But every year brings innovations. How is sick leave paid for child care in 2019, is sick leave paid for child care not to parents, but to his relatives who help in caring? The document allows you to receive material support in a difficult period for the family. It is important that the calculation of sick leave for child care is made only for working citizens and is paid at the expense of their employer.

Sick leave for child care in 2019 - terms, payment, changes

Sick leave for child care is a phenomenon so frequent that, it would seem, there should be no doubt.

Since April 10, 2019, there have been changes in the legislation regarding the timing of the appointment of sick leave for child care. Until April 2019, the state set a limit on the number of days a parent could use to look after a baby.

The new legislation not only increased the period of inpatient treatment, but also allowed employees not to break sick leave into several time intervals. In this case, the entire period of stay of the employee in the hospital together with a family member is subject to payment, regardless of how many consecutive days the document is issued.

Old terms of payment for child care document:

1. Sick leave for caring for a child under 7 years old was issued for a period of not more than 60 days a year.
2. If the baby's illness was of a special nature, specified in the List of the Ministry of Health on February 20, 2008 No. 84, the period of stay in the hospital was extended to 90 days.
3. The one who monitored the patient's condition could be on paid "vacation" during the entire period of treatment, without breaking into time intervals.
4. Parents of children 7-15 years old could apply for a disability certificate to care for a child no more than 45 days a year.
5. The one-time period for granting "time off" could not exceed 15 working days.

Currently for kids senior group, from 15 to the age of majority, only 30 paid days are provided for the sick leave of the father or mother.

Those who look after the sick cannot be absent from work for a period of more than 3 days in a row.

Exception:

• if the medical commission decides on the relative severity of the disease, requiring constant monitoring of the patient's condition, the sick leave period can be extended up to 7 days;
• Only outpatient treatment, at home, will be paid;
• upon appointment of a hospital, payments are canceled.

From the age of 18, citizens in the Russian Federation are considered adults. And parents, as well as grandparents, can no longer take sick leave to care for them.

Features of providing a document in the treatment of a disabled child or a complication during the recovery period

For special children, there are extended rules for obtaining certificates and payment. Benefits are also assigned to relatives of patients who received complications in the post-vaccination period, or patients with malignant tumors.

Before the change in 2019, no more than 120 days a year were allotted for looking after the condition of the disabled. Parents could go on sick leave for the entire period, with no limit on the number of days in a row. Paid for both inpatient and home care for the sick. The age of the child to obtain a certificate should not exceed 15 years.

HIV-infected children under 15 could count on the support of a family member for the entire period of treatment. At the same time, accruals were made only at the appointment of a hospital.

For children under 15 years of age who, after using a vaccine or other medicines diagnosed with cancer or serious complications sick leave for the entire duration of treatment. Payment is subject to both outpatient care for the patient's condition and inpatient treatment.

New rules for issuing disability certificates for child care

From April 10, 2019, changes regarding the provision of sick leaves for parents came into force.

The new conditions affected all categories:

1. There are no restrictions on the period for granting a sick leave for the treatment of babies under 7 years of age.
2. Parents can monitor the patient's condition for several months or years: by law, the employer does not have the right to limit the employee in providing "vacation" or apply any penalties to him on this topic.
3. The age of children with disabilities who require supervision has been increased to 18 years.
4. Canceled deadlines for the provision of the document: the parent can stay in the ward of joint stay or provide care at home for an unlimited period of time.

Raising the age threshold for HIV-infected patients from 15 to 18 years and the same conditions for children who have been diagnosed with cancer or have complications during inpatient treatment.

Electronic document type

Since 2017, citizens of the Russian Federation can significantly speed up the processing and receipt of a sick leave. With the advent of the electronic format for issuing certificates, the data is automatically transferred to the employer, and the employee of the company does not have to worry about compiling a children's sick leave manually.

The transition to an electronic format is popular so far only in large medical institutions. Not all rural hospitals have the possibility of technical registration of the hospital electronic sheet for child care.

The introduction of a new format is not mandatory for citizens: Russians have the right to choose which of the types is most convenient for them.

The employer does not have the right to refuse to accept an electronic certificate or charge an amount less than expected.

The calculation of the sick leave electronic sheet for child care is carried out at the same percentage.

The advantages of the new format are:

• high speed of registration - issuance of a new certificate takes no more than 15 minutes;
• no manual data entry - all information is filled in by a medical worker in the hospital, the data is automatically transferred from the patient's card.

Automatic transfer of the document to the employer. The employee no longer has to provide information to the accounting department or the personnel department: an electronic document is transmitted via the Internet on the day the certificate is filled out.

Who can get a document

Children's sick leave is not paid to those who receive a "black" salary or for other reasons do not pay contributions to the FSS. The category includes:

1. Women on maternity leave.
2. Non-working pensioners.
3. Citizens employed informally.

Payment on a certificate from a medical institution is carried out only for officially working citizens. A parent who is employed at the time of applying for a document can receive a document.

These can be both individuals and individual entrepreneurs who contribute funds to the social insurance fund (FSS).

The exception is cases when those who are not initially entitled to payment transfer contributions to the social insurance fund. For example, mothers on maternity leave working part-time.

In such a situation, they have the right to count on the payment of a sheet for caring for a baby. The same applies to employed pensioners who are entitled to receive compensation from the FSS if they are caring for a sick child.

The legislation does not impose restrictions on the degree of kinship. If earlier only the closest relatives, that is, parents, could issue a certificate, since 2014, grandparents and other family members have been allowed to exercise the right. Help is also required for guardians and adoptive parents.

In which case the FSS refuses to pay funds

Everyone can apply for sick leave for childcare, however, the social insurance fund checks for the degree of relationship. If the patient is not a relative of the worker, the payment is denied.

Compensation for temporary disability is due only to those citizens who actually look after the condition of the baby.

It is not allowed to issue a sick leave by one of the parents, and care by another family member is not allowed. If such a fact is revealed, a penalty is applied to the employee in the form of processing the return of previously accrued funds.

The employer is responsible for accruing funds to the employee's account when submitting the document. But many Russians mistakenly carry certificates to the social insurance fund.

The scheme for obtaining and processing the document does not include the FSS as an intermediary - initially only the organization in which the employee is officially employed is responsible for payment.

Regardless of the severity of the disease or the duration of the forced rest, the citizen receives funds from the company's fund. Further, the FSS reimburses the enterprise for the costs of maintaining an employee during his temporary absence.

Compensation is due only to the person who actually cared for the sick child. A wife is not entitled to receive payment for a working husband, as well as for other relatives. Before accruing funds, the social insurance fund checks the rules for submitting documents, their completeness and compliance with accepted standards.

Fee changes from 2019

Until April 10, 2019, the first three days on sick leave were paid by the employer, then reimbursement was made from the social insurance fund. Now the FSS has completely assumed all financial responsibilities.

The employee, as before, must present a document on temporary absence from the workplace to the accounting department or the personnel department. A copy of the certificate is sent to the social insurance authority. The FSS is engaged in reimbursement of payments and verification of documentation.

Vacation and the onset of illness - features of combination

Since 2019, the changes have affected not only the terms of payment:

1. In the current period, citizens cannot count on providing a certificate for caring for a baby if the employee was on vacation (paid or at his own expense) during the period of illness. If the onset of the disease occurs during the period of leave, the FSS will not reimburse the costs.
2. To receive financial support, the employee must withdraw the application for leave. In this case, the doctor has the right to issue a certificate of incapacity for work, according to which the citizen is entitled to financial compensation.
3. After the expiration of the period of sick leave, the employee can re-apply for leave.

Maternity leave also does not allow mothers to take sick leave for themselves. During a woman's extended absence from work due to pregnancy and childbirth, it is recommended that childcare be provided by another family member who is officially employed, such as a spouse or brother.

The obligation to fill out a sick leave certificate belongs only to an employee of a medical organization. The employee does not have the right to issue a certificate with his own hand and present it to the company.

Making a sick leave for children includes the following features:

• only the attending physician has the right to issue a certificate - other medical staff (including nurses, ambulance workers and emergency care, pharmacists) is not authorized to fill out documents in the FSS;
• registration is carried out either on the opening day of the sick leave, or on the date of discharge - in the first case, the document is issued to the parent, who is obliged to have it with him every time he visits a specialist in the clinic, and the second option is used in 89% of cases after the baby recovers - the relative receives certificate of sick leave;
• it is impossible to write out a document “backdating” - if the child is admitted after a few days, the employee of the medical institution draws up a sheet only from the day of the visit and examination.

It is allowed to issue a certificate the next day after leaving the vacation.

Nuances of filling out a certificate

An electronic document is drawn up and sent to the employer by mail. When filling out the sheet manually, special requirements are imposed on ink: they must be only black, gel-based.

filled ballpoint pen forms are considered invalid: the FSS refuses to pay when submitting such documents.

Inconsistency of information in passport (and other) data with information in the certificate - common cause withdrawal from the social security fund.

To be sure of the correct accruals, employees must be able to independently calculate the amount of hospital benefits. Several factors affect the amount of charges:

1. Insurance experience.
2. The amount of wages.
3. Type of treatment for the child (hospital or outpatient care).
4. The effect of seniority on the amount of financial compensation.

Depending on how many years the parent worked, the amount of the payment from the social insurance fund will depend. The table shows options for how sick leave for child care is paid, depending on the length of service of the employee.

Table - Experience and reimbursement from the FSS

An important condition for receiving payment is the fact of official employment of a citizen. If an employee works unofficially, even taking into account the length of service of 8 years or more, he cannot count on insurance compensation.

Decree and payments for sickness of a child

Is sick leave paid for child care for employees who have come out of maternity leave?

Years during which women (or men) were on maternity leave and / or cared for a child under 1.5 years old are not taken into account.

If an employee who has left the decree wants to apply for a sick leave, this period will be deducted from the length of service.

In the absence of official employment until now, compensation is due only based on the size of the minimum wage.

Salary does not affect the amount of compensation from the social insurance fund only if the employee has performed his duties for less than six months. In other options, salary plays an important role in calculating payments:

• when calculating, the average indicators for 2 years of the employee's work are taken;
• If a sick leave is issued in 2019, data for 2016 and 2017 will be taken as an analysis;
• all income received from the employer is taken into account, with the exception of payments on previous sick leave and maternity deductions;
• if during the period of data collection the employee was not officially employed, information for an earlier period will be taken into account.

If the amount of wages exceeds the maximum limit set by the state, the amount to be reimbursed will be calculated based on the threshold. In 2019, the amount of annual income for calculating sick leave should not exceed 815 thousand rubles.

How sick leave is calculated based on the type of treatment

Depending on the type of treatment, the social insurance fund may refuse to pay or pay 100% of the payment. This is especially true for children aged 15-18 years. FSS payment is due only when the child is treated at home.

But when calculating sick leave in other cases, everything is different. If the child was on outpatient treatment, then the parent is reimbursed 100% only for the first 10 days of supervision. Further calculation is carried out on the basis of 50% of the salary.

The type of medical care is prescribed only by the attending physician. Parents cannot claim a payment if, by law, this type of payment medical care does not include sick leave.

Citizen Ivanova has been working at the Stalmetiz plant for 6 years and 3 months. For 2016-2017, she earned 245 and 289 thousand rubles, respectively. In 2019, her 6-year-old son fell ill and she had to take sick leave for 12 days. Treatment was carried out at home. What will be the amount of the payment from the FSS?

1. Calculation of earnings. It is necessary to determine the average daily income of an employee two years before receiving a sick leave. To do this, the amount of earnings for 2 years should be divided by the number of days in the period (365 + 366 \u003d 731 days):

(245+289) / 731 = 730.5 rubles.

Recovery percentage analysis. Since the insurance period is in the range from 5 to 8 years, Ivanova is entitled to 80% of the average daily earnings.

1. Calculation of results.

The child was treated on an outpatient basis. In this case, in the first 10 days, compensation will be made at 100% of the possible amount (taking into account the limitation on seniority), and for the next 2 days - at a rate of 50%.

• 730.5 x 80% x 10 = 5844 rubles;
• 730.5 x 50% x 2 = 730.5 rubles;
• 5844 + 730.5 = 6574.5 rubles.

Conclusion: for 12 days of outpatient care for the baby Ivanova, Stalmetiz will pay 6574.5 rubles.

If the amount accrued by the employer does not match the expectations of the employee, it is recommended to check the following factors:

1. Average daily income. When calculating, the employer does not take into account the days when the employee was on sick leave (for his own needs or for the treatment of a child). Also, maternity leave and child care up to 1.5 years old are deducted from the number of days.
2. Tax mandatory contributions. From deductions on sick leave, it is necessary to pay tax to the Federal Tax Service. When transferring contributions, the employee receives the amount already minus personal income tax. Many employees forget about this and complain that the sick leave did not come in full.

Where to apply for erroneous accrual

Despite the fact that compensation is provided by the FSS, it is recommended to clarify questions about the amount on sick leave at the place of work. In the accounting or human resources department, errors in accruals are not uncommon.

If the insufficient amount of transfers is due to the fault of the employer, the employee must write an application for recalculation according to the sick leave.

Within 10 working days, the employer is obliged to compensate the worker for the lost amount for the time of absence.

In 2016, in accordance with the Decision of the Supreme Court of Russia No. AKPI14-105 dated April 25, 2014 sick child care under the age of 7 years, issued by children's polyclinics and hospitals to parents (mother or father), other relatives (for example, grandmother) or persons replacing them (guardians, trustees) for the entire period of treatment carried out:

• on an outpatient basis(at home with periodic visits by a medical organization);
• in stationary(including in hospitals of children's polyclinics) - subject to the joint stay of these persons with the child in a medical organization for the entire period of treatment.

However, at the same time total duration stay of parents on sick leave to care for a child under 7 years old in one calendar year cannot exceed:

• 60 days - in general;
• 90 days - in case of treatment of diseases included in the list of the Ministry of Health and Social Development of the Russian Federation of February 20, 2008 No. 84n.

For similar periods, in accordance with the provisions of Law No. 255-FZ of December 29, 2006, insured persons in the compulsory social insurance system are calculated and paid by the employer or the FSS body temporary disability benefit.

• When sick children age from 7 to 15 years parents and other relatives who actually take care of the treatment, according to the certificate of incapacity for work are established reduced sick leave:
  • up to 15 days for each case of treatment on an outpatient basis or in a hospital (subject to joint stay in a medical institution);
  • up to 45 days in total in one calendar year.
• For children over 15 years old- only for outpatient treatment for up to 3 days (or up to 7 days by decision of the medical commission).

Certificate of incapacity for work not issued if care is needed:

• for a child over 15 years of age in hospital treatment;
• in the treatment of chronic diseases in remission;
• during periods of vacation provided in accordance with the Labor Code (LC) of the Russian Federation:
  • annual paid leave;
  • leave without pay;
  • (with the exception of situations related to the performance by the insured person of work on a part-time basis or at home).

In the last cases from the above list, related to the coincidence of a period of temporary disability with the provision of vacations, sick leave can only be issued since that day from which the mother (father, other relative or person caring for the child) was supposed to start performing her work duties at a permanent place of work.

How to apply for a disability certificate when caring for a sick family member

Child care sick leave is opened by a doctor directly on the day of the first call. "Backdating" it is not allowed to open a certificate of incapacity for work at an earlier date, and therefore it is necessary to contact a medical organization in a timely manner for its registration.

To obtain a certificate of incapacity for work, parents, other relatives of the child or persons replacing them (guardians, trustees) must contact:

• in outpatient treatment in the clinic - to the children's attending physician (district pediatrician or specialist doctor);
• in hospital treatment- by the attending physician of a hospital at a polyclinic or in a hospital, if:
  • the relative will stay with the child in the hospital around the clock and provide constant care for him;
  • in case of treatment in a day hospital - if the specified relative will stay there with the child every day for the entire duration of treatment.

Sick leave is issued to those who are subject to compulsory insurance for temporary disability, as well as to those registered with the employment service as unemployed. For pupils, students, pensioners and other categories of the unemployed, a certificate of incapacity for work not allowed.

• When issuing a certificate of incapacity for work for the first time, the insured person must mandatory personal presence with a sick child - both in the case of an appointment at a medical institution, and when calling a doctor at home.
• This requirement is also valid if necessary. extension or closure of sick leave.

As a rule, after contacting a medical institution at the first outpatient examination of a sick child, a sick leave handed out to a person caring for him. Therefore, at subsequent receptions in order to extend and close the document, it must be regularly carried with you. In this case, the responsibility for the loss or damage to the document in this case is the responsibility of the insured person.

There is also an option in which the sick leave is issued only on the day of its closure. Then the document for the entire duration of treatment kept by the attending physician.

To receive sick leave along with documents for a child(birth certificate and compulsory medical insurance policy) to the information department of a polyclinic or hospital department, you must present identity card (passport) the person who will take care of the child during the treatment period. Confirmation of the fact of relationship is not the responsibility of the recipient.

When carrying out work activities multiple employers at the same time(including at the main place of work and part-time work) may be issued multiple sick leaves in the following cases:

• if during the previous two calendar years the employee was employed from the same employers;
• in the previous two years the citizen was employed from these and other (other) employers.

In other cases one sheet is issued for presentation at one of the last (current) jobs at the choice of the insured person.

Sick leave for caring for two or more children

In a special way, the procedure for issuing a certificate of incapacity for work is regulated when caring for one person at a time for several children.

In addition, when several children are ill, a situation is possible when different relatives take care of them. In this case, each of them separate sick leave, each of which will include one child (or two children if three or more fall ill).

How many days are paid on sick leave with children

The insurance benefit is paid by the employer or (FSS) for the entire period of incapacity indicated on the sheet. In this regard, the main time limit concerns the length of the period for which the sick leave.

The terms of release from work of a person who actually cares for a child on a sick leave are established by paragraph 35 of the Order of the Ministry of Health and Social Development of June 29, 2011 No. 624n, depending on the age of the child and correspond to the values ​​\u200b\u200bgiven in the table below.

Child's age		Period of release from work on sick leave	The total number of days of sick leave per calendar year payable (per child)
up to 7 years	in the course of medical treatment	for the entire period of treatment	up to 60 days in general; up to 90 days in the treatment of diseases from the established list
	during the quarantine of children attending preschool institutions	for the entire quarantine period
from 7 to 15 years		up to 15 days for each case or more by decision of the VC	up to 45 days
over 15 years old (outpatient treatment only)		up to 3 days for each case of the disease; by decision of the VC - up to 7 days	up to 30 days

Note: In some cases, the periods indicated in the table may be extended by decision of the medical commission (MC).

For certain categories of sick children under 15 years of age, special time off from work on sick leave.

When caring for a child	Conditions for the provision of medical care	Release period from work on sick leave
	on an outpatient basis or in a joint stay in a hospital	for the entire period of treatment, but not more than 120 days in a calendar year
A patient due to post-vaccination complications or malignant neoplasms (oncology)		for the entire period of treatment from the disease
HIV positive	only when hospitalized together
Radiation patients, including those suffering from diseases due to parental exposure	-
When performing prosthetics for medical reasons	in a specialized institution	for the entire period, including travel time (round trip)

In accordance with Law No. 255-FZ of December 29, 2006, temporary disability benefits for the specified categories of insured persons when caring for sick children paid per calendar day, which fall on the specified periods of treatment.

An example of filling out a disability certificate

sick leave form the established form has several degrees of protection and provides for the possibility of filling it out as capital letters by hand(gel, capillary or fountain pen with black ink), and using special printers(printers).

Making corrections to an open disability certificate not allowed. Instead of a damaged document, a corresponding duplicate is issued through the medical commission of a medical organization.

In addition, when filling out the document directly, it is taken into account the following general rules:

• all entries are made only in specially designated cells;
• each field is filled from the first cell without gaps;
• alphanumeric designations in the fields provided for by the form should not touch the boundaries of the corresponding cells and go beyond them.

The following is example of completed sick leave for the care of two sick children, issued to their mother (with a breakdown of the symbols used).

Sample sick leave for child care

1 - the date of issuance of a sick leave certificate in a children's clinic, which corresponds to the day of establishment of temporary disability in relation to a person subject to compulsory social insurance and actually caring for a sick child;
2 - code for the reason for disability ("09" - caring for a sick family member);
3 - the age of a child or several children, due to whose illness a certificate of incapacity for work is issued - years / months. (the first two cells - the number of full years; for a child under the age of 1 year, the second two cells are filled in - the number of full months);
4 - a two-digit code indicating the nature of the family relationship with a sick child of his relative, who was issued a sick leave ("38" - mother, "39" - father, "40" - guardian; "41" - trustee; "42" - other relative );
5 - last name, first name and patronymic of a sick child or several children who are being cared for on sick leave;
6 - the established period of temporary disability, according to which the corresponding insurance benefit will be calculated at the place of work or directly to the FSS;
7 - the position and surname of the doctor who established the period of incapacity for work and issued a sick leave certificate for caring for a sick child;
8 - the date from which you need to start performing duties at the place of work.

Calculation and payment of sick leave for child care

The amount of temporary disability benefit in connection with the care of a sick child is established by his parents (mother, father), other relatives and persons replacing them, taking into account the general insurance (work) experience.

Note: the minimum wage (minimum wage) in 2016 in accordance with the law of December 14, 2015 No. 376-FZ No. 408-FZ is 6204 rubles.

Calculation of average earnings to determine the amount of benefits in accordance with the legislation on social insurance, it is carried out taking into account the following conditions:

• taken into account two full calendar years, which preceded the year of disability (for example, if the insured event for child care occurred in 2016, the salary for 2014 and 2015 will be taken into account);
• can change the years used for calculation, if in one or two billing years the insured person or parental leave (provided that such a replacement will lead to an increase in the calculated);
• if in the specified years the person had no salary or received average earnings based on one calendar month less than the minimum wage, established on the day of the insured event, the allowance is assigned based on the amount of the minimum wage.

For calculation average daily wage the salary of the insured person for the billing two-year period (including vacation pay and not including hospital payments) is added up, and the amount received is divided by the insurance period taken into account (730 calendar days minus periods of exceptions falling on other insured events).

Further, when calculating the allowance for caring for a sick child, the average earnings received are multiplied by a coefficient less than or equal to 1 and depending on the length of the insurance period (see), and for the period of release from work on sick leave.

At the same time, the conditions for providing medical care to the child affect the amount of the benefit paid:

Conclusion

Hospital for child care for the period of his inpatient treatment paid temporary disability benefit in the same amount that is paid at the place of work for a similar period of illness of the employee himself (the child's mother, father, other relative or person replacing them).

For outpatient treatment sick leave of a child to a relative caring for him is paid by social insurance benefits based on the calculation:

• for the first 10 days full size depending on the length of service of the employee and average earnings;
• for the following days - in the amount of 50% of the average earnings, regardless of the length of service.

The period of working capacity of an employee may be interrupted not only because of his illness, but also because of the illness of his children. In such cases, the procedure for obtaining sick leave for child care is legally determined.

This document entitles the employee to take care of the child during his illness, while retaining his workplace. In addition, the employee receives a temporary disability allowance, which is paid at the expense of the Social Insurance Fund.

In 2016, by the decision of the Supreme Court Russian Federation No. AKPI14-105 dated April 25, 2014, a certificate of incapacity for work to care for minor child issued by children's medical institutions to the parents (father or mother) of the child, his other relatives or citizens replacing them (guardian, custodian) for the entire period of treatment, which should be carried out:

• outpatient (at home with periodic visits to the clinic);
• inpatient (in the hospital of the polyclinic, subject to the joint stay of the child and his representatives for the entire period of treatment).

The total duration of sick leave for child care cannot exceed 60 days in standard cases and 90 days in the treatment of serious diseases included in the list of the Ministry of Health and Social Development of the Russian Federation of February 20, 2008 No. 84n. For the specified periods, the parents or relatives of the child are paid temporary disability benefits under the system of compulsory social insurance. At the same time, during the illness of children aged 7 to 15 years, the following sick leave periods are established:

• up to 15 days for each case of outpatient or inpatient treatment;
• up to 45 days in total for 1 calendar year.

For children over 15 years old, a sick leave is issued only for outpatient treatment for up to 3 days (or up to a week with the appropriate decision of the medical commission).

Reasons for paying for child care due to illness

Sick leave for child care is issued in accordance with. This legislative act states that a relative or guardian has the right to receive sick leave without proof of cohabitation with the child. The degree of kinship is not important, the document is issued to someone who is actually able to care for a sick minor citizen. The main condition is that the person responsible for the child has an official place of work and insurance in the FSS.

Attention! Only citizens of the Russian Federation have the right to apply for a sick leave, foreign citizens with a temporary residence permit and a residence permit cannot receive a document.

Sick leave can also be issued to family members one by one, within the established time limits. Several persons wishing to simultaneously care for one minor cannot be issued a document.

Attention! The employer is not entitled to demand documents confirming the relationship with the sick child. To pay for sick leave, only a disability certificate issued in a medical institution is required (clause 5, article 13 of the Law of December 29, 2006 No. 255-FZ).

Mandatory conditions for obtaining sick leave for child care

The Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” provides for the right of citizens to be exempted from their obligations if it is necessary to treat children due to the following factors:

1. The period of an acute illness of a child or an exacerbation of a chronic illness.
2. The urgent need to alleviate the condition of the minor through medical intervention.
3. The actions of medical personnel aimed at treating the child and improving his well-being.

These rules were adopted in 2014. Until that moment, the right of parents to apply for a sick leave was largely limited - responsible persons could receive benefits only during the period of an acute course of the child's illness. This norm was canceled by the decision of the Supreme Court, and the Ministry of Health expanded the authority to issue certificates of incapacity for work to all the currently provided options for outpatient and inpatient monitoring.

Important! In case of chronic diseases in remission, sick leave is not issued.

Making sick leave for child care

To apply for a sick leave, a citizen needs to contact the following authorities:

1. For outpatient treatment at home - to the child's therapist at the clinic at the place of registration.
2. In case of inpatient treatment - to the attending physician in a hospital or in a hospital at a polyclinic.

Upon request medical worker opens a sick leave for child care, dating from the date on which the first appeal was made. Retroactive registration is prohibited by Russian law. At the same time, the person responsible for the child is obliged to be at the first therapeutic examination of the minor (this rule also applies to the extension and closure of the sick leave).

When applying to a medical institution to open a child care sheet, you must submit the following documents:

• birth certificate of the child;
• compulsory medical insurance policy;
• applicant's passport.

Important! Since 2017, an electronic application has been provided for the provision of sick leave.

Usually, a sick leave certificate is issued to a relative of the child on the day it is closed; during treatment, the document is kept by the attending physician.

Rules for applying for sick leave for child care

The child care insurance benefit can only be accrued on the condition of a sick leave, so any errors in the preparation of this document may affect the payment procedure. The sick leave form is legally approved, and the procedure for issuing and filling out - by order of 06/29/2011 No. 624n. If the paper is executed correctly, then the allowance is accrued for 10 calendar days, and its amount is included in the amount of the next salary (clause 1, article 15 of Law No. 255-FZ).

Outwardly, the sick leave looks like a form divided into two parts, one of which is filled in by the employer, and the other by the doctor. A sheet with errors will not be accepted for consideration, therefore, experts recommend that applicants check the correctness of the therapist's execution of his part of the form before contacting the place of work. According to paragraph 67 of the Procedure, the employer is also obliged to attach to the document he filled out the calculation of the allowance as a separate document, indicating only the total amount payable in the sick leave itself.

Important! Forms have several degrees of protection and are thoroughly checked - it is impossible to forge a document.

It is possible to fill out sick leave sheets by hand in capital letters (black gel or capillary pen) or in printed form. Changes or amendments to an already open sheet are not allowed. In case of damage to the document for any reason, an appropriate duplicate is issued through the medical commission.

1. All entries should be made only in specially designated cells.
2. Each field should be filled in from the first cell.
3. Numerical and alphabetic designations in the fields of the form cannot touch the boundaries of the cells or go beyond them.

Calculation and payment of sick leave for child care

The amount of payments on sick leave for child care is established for a relative of a minor citizen, taking into account his general insurance (labor) length of service.

Calculation rules

The calculation of average earnings for determining the amount of benefits in accordance with the legislation on social insurance is carried out according to the following rules:

1. The calculation includes two full calendar years that preceded the date of contacting a medical institution with a statement about the disease in a child. So, if the insured event occurred in 2018, then the salary at the time of 2017 and 2016 will be taken into account.
2. Time indicators accepted for calculation may change in cases maternity leave the insured person during the period under review, provided that such a replacement will lead to an increase in the calculated amount of the benefit (letter of the Ministry of Labor dated 03.08.2015 No. 17-1 / OOG-1105).
3. If the insured person does not have wages during the specified period or if wages are lower than the minimum wage for one calendar month, the benefit is assigned according to the minimum wage established on the day of the insurance precedent.
4. The amount of income is divided by 730 days - this number is unchanged, leap years are not taken into account.
5. The average income includes: salary, bonuses, allowances, commissions, travel allowances, vacations and other payments that are accrued by insurance premiums to the Social Insurance Fund.
6. The average income does not take into account benefits for sickness, pregnancy and childbirth, payment under a contract other than labor.

So, to calculate the average daily earnings, the salary of the insured person for the past two years (including vacation pay) is added up. The amount received is divided by the considered insurance period. Further, the derived number is multiplied by a coefficient less than or equal to 1 and depending on the length of the insurance period, and on the period of release from work on sick leave.

In addition, the amount of disability benefits is affected by the conditions for providing medical care to children. When treating in a hospital, the entire duration of the sick leave is taken into account in full without adjustments. In cases of treatment of a child at home on an outpatient basis, the first 10 calendar days of temporary disability are calculated in full. The subsequent period of sick leave is paid in the amount of 50% of the amount received, regardless of the length of service and additional allowances.

Accounting for the length of service

The insurance period takes into account only the period of time during which the employee is officially employed and registered with the FSS. Legislation provides for criteria for assessing its duration:

Important! At the beginning of 2018, the minimum wage in the Russian Federation is 9489 rubles, from May 1, 2018 it is planned to increase to 11,163 rubles.

Examples of Calculating Hospital Benefit

Example 1. Calculation of sick leave when caring for a child at home.

An employee of LLC "Madeleine" Leontyeva V.E. has a continuous experience of 5 years and 5 months. In 2016, her income was 624,000 rubles, in 2017 - 670,000 rubles.

On April 10, 2018, citizen Leontieva's 8-year-old daughter fell ill. The child was treated on an outpatient basis. The hospital was closed after 13 days, on April 22.

Calculation of earnings for one working day for 2 calendar years: (624,000 rubles + 670,000 rubles): 730 days = 1,772.60 rubles.

The sick leave was issued for 13 days for treatment at home, so only the first 10 days are paid taking into account the length of service. Leontieva's experience allows her to receive 80% of the amount of wages: 1,772.60 rubles. x 80% x 10 days = RUB 14,180.80

Another 3 days are calculated taking into account 50% of the amount: 1,772.60 rubles. x 50% x 3 days = 2685.90 rubles.

So, insurance payment for child care for employee Leontieva will be 16,866.70 rubles.

Example 2. Calculation when a child moves to another age category.

An employee of the MBOU "School No. 1" Ivanova N.G. has a daughter. The child turned 7 years old in October 2017, and in November, the mother and daughter were hospitalized at the polyclinic at the place of residence for 8 days. At the same time, from January to October 2017, Ivanova took sick leave to care for a child for a total of 41 days. The woman has 4 years of experience, in 2016 and 2015 her salary for the year was 235,000 and 237,000 rubles, respectively.

The experience allows Ivanova to receive 60% of her salary. However, taking into account that the child moved to another age category only in November, in December the employee will be paid the amount for 4 days of sick leave remaining from the annual limit of 45 days.

Calculation of the average daily earnings: (235,000 + 237,000): 730 = 646.57 rubles.

Calculation of payments: 646.57 rubles × 60% × 4 = 1551.76

So, citizen Ivanova is supposed to pay 1551.76 rubles.

Nuances in issuing sick leave for child care

The severity of the child's illness, his age, the number of children in the family, as well as the peculiarities of the employment registration of persons applying for sick leave, directly affect the amount and procedure for calculating insurance payments.

Video - Child care sick leave

Sick leave to care for a child on vacation

According to the legislation of the Russian Federation, a mother (any other family member) does not have the right to request a sick leave if she does not need to be released from work. These periods include:

• annual paid vacation;
• leave without pay;
• maternity leave;
• maternity leave to care for a child up to 3 years (except for cases of work at home or with remote employment).

At the same time, it is impossible to extend the child’s sick leave, an extension can be issued only in a situation where the employee himself fell ill while on vacation. If a child falls ill before the start of the sick leave period, only the working days before the vacation are paid. If the onset of the child's illness occurred during the vacation, and the minor did not recover before its end, then the disability certificate will be issued from the date the vacation ends.

Hospital for the care of children with serious illnesses

Diagnosis	Conditions for the provision of medical care	Maximum allowable sick leave
Disability		For the entire period of illness, but not more than 120 days a year
Oncology	Outpatient or co-hospital
HIV infection		For the entire period of treatment, including travel time to the medical facility
Exposure to radiation	-	For the entire period of treatment, including travel time to the medical facility
Implementation of prosthetics for medical reasons	Only in case of inpatient treatment	For the entire period of treatment, including travel time to the medical facility

Sick leave for caring for two or more children

The procedure for issuing sick leave is also regulated in a special way when one responsible person cares for several minors. In the event of the onset of illness of the second child during the period of continuation of the treatment of the first, the issued sick leave is extended until the moment of complete recovery of both children. With the simultaneous illness of two children, one sick leave is issued, if there are three or more children in the family - 2 sheets of disability.

Attention! If several children in one family fall ill, it is possible to issue two sick leave certificates to different relatives for each child.

Learn more about temporary disability benefits in the video.

Video - Hospital for child care

Conclusion

The sick leave gives the right to take care of a sick minor family member while maintaining a job and providing insurance payments for a certain period. Any citizen of the Russian Federation can take sick leave to care for a child if he is officially employed and is related to the child (the degree of relationship is not important).

It is important to remember that sick leave will be denied to persons on vacation. In addition, the time of caring for a child over 15 years of age for a period of more than 3 working days is not subject to payment.