In December 2010, President Dmitry Medvedev signed amendments to the law “On Compulsory Social Insurance for Temporary Disability and Maternity.” The amendments relate to the procedure for calculating benefits for pregnancy and childbirth, child care up to 1.5 years, temporary disability. The period of temporary disability paid by the employer has been increased from 2 to 3 days.
It was decided to maintain the requirements for the insurance experience for the appointment of temporary disability benefits in the current form. Initially, it was proposed to raise the bar from 8 to 15 years for 100% of the hospital pay, from 5 to 8 for 80%, the rest 60%. The average earnings for calculating benefits will now be determined not for the last 12 months preceding the month of occurrence of the insured event, but for 2 calendar years preceding the one in which the insured event occurred.
And the income received during this period from all employers will be taken into account. The amendments entered into force on January 1, 2011.
For earlier insured events, benefits are calculated according to new norms for the period after the day the law came into force, if their amount, determined in accordance with the amendments, exceeds the amount calculated in the previous order.
In order for your absenteeism not to be considered as absenteeism, in the event of a baby’s illness, you must first of all call the dispensary of a polyclinic at the district doctor’s home and draw up a sick-list, or, as it is officially called, a disability sheet. A hospital can be issued not only by the mother of the baby, but also by any other family member who stays at home with the child. When you leave the hospital, you will need a personal passport of the person who will continue to care for the sick baby.
When filling in the hospital is very important to correctly specify the name of the organization in which you work, otherwise you will be able to refuse to pay. If care is provided for two or more children at once, in the sick-list it will be necessary to indicate the data on each of them (full name, age and relationship (according to the applicant).
With the disease of the second or third child during the period of illness of the first, the hospital is extended until all children recover.
- annual paid leave;
- leave without pay;
- maternity leave;
- parental leave until the child is three years old;
- weekends or non-working holidays.
If a child falls ill during the period indicated above, then the sick leave is issued from the day when the family member who cares for him has to start work.
In the case when a mother goes to work a quarter or a half-time, but at the same time continues to be on leave to care for a child under three years of age, the disability sheet for caring for a sick child is issued only to her. It can not be issued to the father of the child, grandmother or another person.
As with ordinary sick leave, child care benefits are paid only to parents or other members of the child’s family if they work under an employment contract. If the mother who is caring for a sick child is on maternity leave or on parental leave before the age of 1.5 years, the sick leave for child care is not paid.
Also, the allowance will not be paid if a person who is not a member of the family, for example, a nanny, takes care of the child.
The size of the allowance for the care of a sick child directly depends, as before, on the length of service of a family member who provides care. In accordance with paragraph 3 of Article 7 of the Law No. 255-FZ, temporary disability allowance is paid when necessary for the care of a sick child:
- in case of outpatient treatment of a child – for the first 10 calendar days in the amount determined depending on the length of the insurance experience of the insured carer; for the following days – in the amount of 50% of average earnings;
- in case of inpatient treatment of a child – in the amount determined depending on the length of the insurance period of the insured person for all days of illness. Here, as we have said, there has been no change. In 2011, as before, with an insurance period of up to 5 years, the benefit will be paid in the amount of 60% of average earnings, from 5 to 8 years – 80%, and over 8 years – 100%.
In accordance with paragraph 5 of Article 6 of Law No. 255-FZ, restrictions on days of paid sick leave for child care are established by law.
The allowance for temporary disability is paid when necessary for child care:
- in the case of caring for a sick child under the age of 7 years – for the entire period of outpatient treatment or cohabitation with a child in an inpatient medical institution, but not more than 60 calendar days in a calendar year in all cases of caring for this child, and If a child is included in the List of Diseases, determined by the Ministry of Health and Social Development, the benefit is paid no more than 90 calendar days in a calendar year for all cases of care for this child in connection with the Criminal Code related disease (the list of diseases is specified in the Supplement to the Federal Law of December 29, 2006 No. 255-ФЗ “On providing benefits for temporary disability, for pregnancy and childbirth for citizens subject to compulsory social insurance”; Order of February 20, 2008, No. 84n) ;
- in the case of caring for a sick child aged from 7 to 15 years – for a period of up to 15 calendar days for each case of outpatient treatment or cohabitation with a child in an inpatient hospital, but not more than 45 calendar days in a calendar year for all care for this child;
- in the case of caring for a sick disabled child under the age of 15 years – for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution, but not more than 120 calendar days in a calendar year in all cases of caring for this child;
- in the case of caring for a sick child under the age of 15 who is HIV-infected, for the entire period of their joint stay with the child in an inpatient medical and preventive institution;
- in the case of caring for a sick child under the age of 15 with his illness associated with a post-vaccination complication, with malignant tumors, including malignant tumors of lymphoid, hematopoietic and related tissues, for the entire period of outpatient treatment or cohabitation with the child in inpatient treatment preventive institution.
Thus, according to the general rule, all “sick-age” sick-age children under the age of 7 years, issued for one family member, are paid only when they do not exceed 60 calendar days. In more complex cases, this limit for care associated with this disease does not exceed 90 calendar days.
At the same time, the limitations on the duration of each specific “sick-list” at this age of the child have not been established, with outpatient treatment, from the 11th day only the amount of the benefit will be cut. However, if you are in sick leave for a child up to 7 years for more than 60 calendar days during a year, you are absent from work for a good reason (that is, you cannot be fired for absenteeism, the sick leave is an acquittal) the sick-list will not be paid at the expense of the Social Insurance Fund of the Russian Federation.
For children aged 7 to 15 years, not only the total hospital limit per calendar year has been established, but the duration of each sick leave period is also limited. Consequently, parents of children aged 7 to 15 years are entitled to stay in the hospital with the child no more than three times for 15 calendar days during a calendar year.
In accordance with clause 6 of Article 6 of Law No. 255-ФЗ, if children under the age of 7 years attending preschool educational institutions are subject to quarantine, temporary disability allowance is paid to the insured person (one parent, another legal representative or family member) for the entire period quarantine. The amount of benefit is set according to the general rule, that is, 10 days, depending on the insurance experience, and from the 11th day – 50% of the average earnings.
In the event that the child has contacted the carrier of the disease not in a preschool, but in a mini-garden or at the nanny’s home, the rule about paying for sick leave during quarantine does not apply, since these forms are for childcare, not for preschool children. educational institutions.
If a sick mother who is not in sick leave (for example, she is on maternity leave) cannot take care of a sick child, then in this case you can get a sick leave for your father. If her condition is really very serious, then she will be offered hospitalization, and then there will be no questions with a disability certificate for father, grandmother or another relative. But often mothers of babies who are on maternity leave refuse to go to the hospital, even if they are in serious condition.
Then for a day, for two, until her condition improves, a sick-list can be issued to her father.
C dad on sick leave
When children get sick, they are usually taken care of by their mother. But there are situations when, for some reasons, it is more convenient for the father to take the sick-list of childcare for the father.
At first glance, there are no problems: if the family is more comfortable, the doctor prescribes a sick leave for the father. Alas, it is only at first glance.
There are pitfalls here, and learning how to properly circumvent them is our task. Read more