Sick leave with a child. Hospital care for a child: nuances of calculation
On our website, we have already written about how to correctly draw up and calculate a sick leave in order to receive a temporary disability benefit due according to the law. However, our life is arranged in such a way that often working parents are forced to take sick leave not only because of their own illness, but also because children are ill. This article is devoted to how to properly arrange a sick leave with a child. Who has the right to be on sick leave? When is the benefit eligible? How is it charged and paid?
Hospital child care
Imagine the situation: waking up in the morning, you understand that your child is sick. What to do? First, the kindergarten group teachers should be warned that the child will not be. Then you should call the work of the parent who will take care of the sick and warn the manager about the reasons, as well as the expected timing of the absence from the workplace. And the last on the list, but the most important thing, is to call the doctor of the district polyclinic to the house so that the doctor examines the child, makes a diagnosis and prescribes treatment. When the doctor finishes the examination and prescribes treatment, the question usually comes up: "Do you need a sick leave to care for your child?" What does this question imply? It's simple, if you work and it is you who will sit at home with a sick baby, then you need a sick leave to prove at work that you did not skip, but were absent from work for a good reason. In addition, according to the law, you are entitled to sick leave payment for childcare, depending on your average daily earnings and work experience, i.e. on the basis of a certificate of incapacity for work, you can receive monetary compensation for missed working hours.
There are several points related to the procedure for granting sick leave. Before we move on to discussing them, briefly about how the payment for sick leave for child care is calculated and carried out. The amount due to you for temporary disability and caring for sick children is influenced by 3 factors:
- length of stay on sick leave. It depends on the child's age, disease and form of treatment (on an outpatient basis or in a hospital),
- insurance experience of a working adult,
- average daily earnings, which is calculated by dividing the amount accrued to an employee over the last 2 calendar years by 730.
We will talk about the length of the sick leave a little later, but now about how much benefit you can expect.
First of all, you should know that according to the new rules, sick leave in our country is paid not by the employing enterprise, as it was before, but by the Social Insurance Fund. However, at the end of the sick leave, it is still necessary to bring a certificate of incapacity for work to the accounting department of the enterprise, since it is the accountant who calculates the benefits.
The amount of sick leave benefits is directly affected by your work and insurance record. If you have less than 5 years of insurance experience, then you will be paid 60% of your average daily earnings. If you have worked for 5-8 years, then you have the right to count on 80%, and if your insurance experience exceeds 8 years, then you will be paid 100% of your average daily earnings.
If you are caring for a 7-15 year old child, then only the first 10 days of home treatment will be paid in full. From the 11th day, you will only be entitled to 50%. If, in a similar situation, you are treating a child not at home, but in a hospital, then you are entitled to 100% of the amount of insurance experience.
The amount of sick leave benefit is calculated in the same way as the benefit when you yourself get sick and take sick leave. This process is divided into 3 stages:
- stage number 1 - determine the average salary that the employee received in the last 2 years before the date of sick leave,
- stage number 2 - determine the average daily earnings of the employee, dividing the amount of the average earnings by 730 days,
- stage number 3 - depending on the duration of the insurance period, determine the coefficient by which you need to multiply the amount of average daily earnings (read above),
- Stage 4 - multiply the adjusted average daily earnings by the number of sick days.
Sick leave for a child
Now let's figure out how long a sick leave for a child is relied on. To correctly calculate how much you will be given and paid for sick leave for caring for a baby, you need to take into account 2 factors - the age of the child and where exactly he is being treated: at home or in the hospital. According to the law, if your child is less than 7 years old and he is on outpatient treatment or you are in the hospital with him, then you must pay sick leave for the entire period of treatment.
- If your child is under 7 years old and suffers from a disease from a special list, then you can stay with him on sick leave for 3 months!
- With a child under 7 years old, you can stay on sick leave for up to 60 days.
- If your child is less than 15 years old and is disabled, then a sick leave can be issued for a period of 4 months.
Please note that only the first 14 calendar days of sick leave are paid for on a regular sick leave. If after this period your child continues to be ill, then you need to take certificate No. 138 / o and provide it at the place of work.
- If your child is less than 6 years old and is admitted to a hospital in a hospital, then you, as a person caring for the child, a sick leave is issued for the entire period of stay in the hospital and is paid without any additional certificates.
- If a child aged 6-14 is in the hospital, you will be given and paid sick leave only for the period set by the VKK, during which the child needs individual care.
- If a child over 14 years old or an adult family member is ill, then you can take sick leave only for 3-7 calendar days, depending on the severity of the illness.
There are cases that do not provide for the issuance of a sick leave:
- if your child is over 15 years old and is being treated in a hospital,
- if your child falls ill while you are on another paid vacation or on vacation at your own expense,
- if you are on maternity leave and parental leave.
The legislation on social insurance is designed to provide material support for an employee when he is temporarily deprived of the opportunity to fully continue working. are obliged to pay in case of illness? How many sick days are paid per year for child care? When should the number of statutory days be increased and does the length of sick leave affect benefits? Comprehensive answers to these questions are provided by the currently effective Law No. 255 FZ "On compulsory social insurance in case of temporary disability and in connection with maternity 2016" (hereinafter referred to as the Law).
Basic principles of sick leave payment
To begin with, it is worth highlighting the basic rules according to which disability benefits are paid in Russia, that is, payments for the period the duration of which is indicated in the sick leave.
1. The scheme by which the amount of benefits is calculated has existed for a long time and is probably known to most working citizens. Payment is made depending on the official insurance experience. Thus:
60% of the amount of average earnings when the employee's work experience is less than five years.
80% - with an experience of five to eight years.
100% is paid to an employee when he is over eight years old.
2. Another rule concerns the period of work for which the same "average earnings" are calculated, which affects the amount of the benefit. Several years ago, amendments were made to the law on social insurance, according to which the “average earnings” should be calculated for the last 2 years. At the same time, the size and principles of calculations are not affected by whether the insurance experience was continuous or the employee worked sporadically during this period.
3. The amount of disability benefit that can be received in one calendar year is limited to a maximum amount. For 2016, the maximum allowable sick leave payment can be no more than 718,000 rubles. This amount is established by the Decree of the Government of the Russian Federation and is subject to annual indexation.
4. In some cases, established by the current legislation on social insurance, the amount may be reduced. Last but not least, it depends on whether sick leave is paid in certain circumstances.
Of course, such a common process as paying for sick leave is a serious guarantee that a working person will not be left without support. First of all, an employer can provide this type of support, conscientiously observing all social rights of employees, including in the field of social contributions. But the employee himself, in order to avoid unpleasant situations when calculating the allowance due during the period of illness, needs to have information on the procedure for calculating the sick leave. Including, about the norms of the Law, giving the employer every reason to reduce the amount of the benefit or not pay it at all.
How many times a year can you get a certificate of incapacity for work?
The law does not specify the maximum number of sick leaves that one employee can provide in a calendar year. The restrictions relate to the number of days that can be issued for one certificate of incapacity for work: the attending physician can issue a disability leave of up to fifteen days. If more time is required before complete recovery, this period can be extended by the medical commission (VC) to 10 months. Moreover, the employee will have to renew it every month. For people who are often ill or workers on long sick leave, the Law specifies how many sick days a year are paid for sick leave.
How many sick days should an employee be paid during the year?
How many sick days are paid per year per adult? In accordance with Art. 6 of the Law, disability benefits based on average earnings are paid to an employee until complete recovery for each day of sick leave. Limitations for the payment of sickness benefit in this case are not established by the law.
Spa treatment
Separately, it is worth considering the situation when there is a need for a special sanatorium-resort regime for the full recovery of an employee. How many sick days are paid per year to the employee? A sick leave is issued to an employee for the entire course of sanatorium procedures, but this type of treatment is paid for up to 24 calendar days per year. The only exception to this principle is tuberculosis.
Important! The organization in which the employee receives sanatorium treatment on the sick leave must be located in the territory of the Russian Federation.
Work on a fixed-term contract
Another exception to the number of days paid for the sick leave applies to employees with whom a temporary employment contract is concluded for six months or less. According to the sick leave received during the validity period of the agreement (contract), up to 75 days can be paid. However, if the “temporary” employee went on sick leave due to tuberculosis, he will receive benefits until he fully recovers or until the official recognition of disabled status.
Similarly, the instructions of the Law on how many sick days per year are paid apply to an employee whose illness occurred during the period from the date of the conclusion of the employment relationship and until the cancellation of the employment contract (contract), the benefit for him will be assigned from the day when he should start work.
Disabled hospital worker
For people with disabilities, the Act provides additional guarantees for the payment of disability benefits. How many days a year is a sick leave paid for a disabled person, according to current legislation?
For an employee with a disability, the disability benefit is paid for up to five months per year. In addition, for the payment of sick leave benefits to persons with disabilities, the Law establishes how many sick days per year a disabled person is paid for long-term disability leave: regardless of how long the sick leave is extended, in one case the benefit is paid for no more than four months.
These conditions apply for the entire period of recognition of the employee as a disabled person. In practice, this means that, according to the current rules of recognition of incapacity for work, a disabled person is appointed until the first day of the month that follows the month of the re-examination and is extended, subject to confirmation of the disabled status.
The disability group does not depend on how many days a sick leave is paid per year. A person with a disability of group 3 and group 2 is paid disability benefit on equal terms.
Special conditions are established for persons with tuberculosis. An employee suffering from this disease is paid the disability certificate in full until the moment of full recovery of health or until the re-examination of the disability group.
Caring for an adult (elderly) family member
The law also clarifies how many sick days per year are paid to an employee who is forced to take a certificate of incapacity for work due to the need to take care of an adult relative, for example, one of the elderly parents.
Each sick leave in this case is issued for up to seven days. Such disability leave may be paid for no more than thirty days in a calendar year.
Features of paying for the care of a sick preschool child (age less than 7 years)
How many sick days are paid per year for caring for a child, first of all, depends on how old the sick child is. So, if disability leave is given to a parent or other relative to care for a very young child under seven years old, a sick leave is issued until complete recovery. In total, the allowance is paid for up to 60 days per child per year.
The exception is sick days for caring for a small child with one of the serious diseases from the list approved by the Order of the Ministry of Health dated 20.02.2008. No. 84n. For the care of this category of children, the parent is paid up to 90 days a year on the certificate of incapacity for work.
It is possible to issue a certificate of incapacity for work to one of the parents if the quarantine regime is officially in effect in the kindergarten attended by the baby. For these days, an allowance will also be accrued within the limits of how many sick days are paid per year per child.
But do not forget that the length of the sick leave period also affects the amount of the benefit. The first ten days of the certificate of incapacity for work, the employee will be paid an allowance, depending on the insurance experience, but all the remaining days until the date of closing the sick leave is only half of the amount of the payment.
If the maximum limit on how many sick leave days are paid per year is exceeded, but the VC decided to extend the sick leave, then the remaining days for the employee only remain in his workplace, but the benefit is not paid.
Child care: children from seven to fifteen years old
In a situation where a parent is caring for a sick school-age child, the number of paid days is significantly reduced. How many sick leave days are paid per year for caring for a child over seven but under fifteen? In case of illness of a child of this age category, you can open a sick leave for up to 15 days (this period can be extended in accordance with the decision of the VC). In a year, a certificate of incapacity for work, opened to care for a child of this age, is paid for up to 45 days.
Sick children over 15 years old - will they get sick leave?
You can often come across the question of whether it is possible on a general basis to open a sick leave if the child has turned 15 years old? How many days a year is sick leave paid? It is believed that a person over the age of fifteen is already quite independent. But, nevertheless, a certificate of incapacity for work for caring for a child with an outpatient treatment regimen can be opened for up to three days and extended up to a week upon the conclusion of a VC.
The law also sets out how many sick days per year are paid to a parent caring for a child over the age of fifteen: as for an ill adult family member, the benefit will only be paid for up to 30 days per year.
Disabled child, children with serious illnesses: special conditions for paying sick leave
The law establishes special conditions and terms for the payment of disability benefits for employees caring for children with serious illnesses or disabilities. How many days a year is sick leave paid with a legally recognized disabled child? Parents of disabled children under 18 years of age can open a sick leave to care for their "special" child completely, for the entire period of illness, but no more than 120 days can be paid for sick leave per year.
Similar conditions apply if a child has a disease due to complications after vaccination or for children with cancer. To care for a child with disabilities (disabled), a sick leave is opened regardless of whether the child is being treated at home or the parent and child are hospitalized.
Special conditions are established for hospital care for children under the age of 18:
Infected with HIV;
Children who have contracted the disease due to radiation exposure (parental exposure).
In these cases, sick leave is issued for the entire course of treatment, but the parents of an HIV-infected child are entitled to disability leave only if they are caring for the child in a hospital. As for the total amount of days, the entire period of childcare is paid in full.
Additional guarantees are established in the Law for parents whose children need prosthetics on medical advice. In this case, the certificate of incapacity for work is opened for the entire period necessary for the procedure, including, if necessary, the time for travel to a medical institution.
When can you pay a sick leave to a former employee?
The law continues to protect the rights of an employee even after being fired. Few people know that an employee can receive disability benefits from a former employer within six months. This requires a number of prerequisites to be met:
For payment, the employee has the right to provide only his own certificate of incapacity for work. This law does not apply to sick leave for the care of children, dependents, as well as maternity leave.
The employer is obliged to pay only for sick leave, the date of commencement from the date of dismissal of which is not later than 30 days.
During the time preceding the illness, the employee did not get a new job.
Within six months from the date of termination of the employment contract (agreement), the employee submitted for payment a sick leave and a photocopy of the work book, confirming that during the period of illness the former employee did not work anywhere.
If the organization in which the employee used to work was completely liquidated within six months, then you can submit documents for payment of the certificate of incapacity for work to the local branch of the FSS.
It is not only possible to apply for the payment of the sick leave certificate to the former employer: if immediately after leaving the employee registered for unemployment, the sick leave benefit is paid by the Employment Center.
A sick worker will not be paid if ...
Sick on vacation (including childcare, pregnancy). The only exceptions are situations when the employee uses the days of annual leave - in this case, the certificate of incapacity for work, according to Art. 124 of the Labor Code of the Russian Federation, gives the vacationer the right not only to pay benefits, but also to extend vacation days. Note that sick leave does not provide for such a right to care for a child.
During this period, the employee was under arrest or was undergoing a forensic medical examination.
If the court established that the disease occurred due to the fact that the employee intentionally caused harm to his health (the Law classifies even suicide attempts in this category).
The employee suffered harm to his health by committing an intentional offense (crime).
The content of the article:A sick leave for childcare in 2019 can be obtained by any working relative caring for a child, regardless of the degree of relationship with him. Let's take a closer look at the procedure for issuing sick leave to care for a child, the features of its registration and sick leave payment.
On the basis of which law is sick leave for childcare in 2019 issued?
The issuance and registration of a sick leave for caring for a sick child in 2019 is carried out on the basis of the Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n "On approval of the procedure for issuing sick leave certificates." As in 2018, sick leave in 2019 is required to be issued in paper and electronic form.
Who issues sick leave for child care
This medical document is issued by the attending physician - pediatrician at the place of treatment in the clinic. In the case of treatment of a child by a specialist with a narrow focus, the bulletin is issued by him. When undergoing a course of treatment in the inpatient department of a children's hospital, the bulletin is issued by the attending physician of this department.
What institutions can issue sick leave for child care
These can be the following medical institutions:
Children's clinic to which the child is attached;
Children's hospital, if the treatment is inpatient;
Private clinic, with a license permitting the issuance of temporary disability certificates.
It's important to know. When treating in a children's hospital, the caregiver must be with the child throughout the day. This rule also applies if the sick person visits a day hospital.
Registration of sick leave for childcare in 2019
The document is drawn up on the day of seeking medical help. The certificate of incapacity for work is not issued retroactively. If you need a sick leave to work, then inform your doctor immediately on the day of your visit.
Ways to fill out a sick leave
Filling out a sick leave is done in two ways:
1. Freehand, gel pen with black ink, capital letters.
2. Printed using a special device.
3. In electronic form since 2017.
In case of mistakes made when filling out the document, it is considered invalid. Then they issue a document duplicating the damaged sick leave. Its registration goes through a medical commission (VC).
What does a sick leave for child care look like?
When is a sick leave for child care issued?
Sick leave can be picked up at different times:
1. A certificate of incapacity for work for caring for a child can be issued directly on the day of the first visit to a doctor. Upon receipt, you will need to leave a personal signature on the back of the tear-off coupon. The person who received the document in his hands is fully responsible for its safety. The sick leave must be presented at each visit to the child's attending physician in order to extend it. At the end of the treatment, during the discharge of the child, the sick leave is closed.
2. You can also receive a document on the day of its closing. There are certain conveniences in this. Throughout the treatment process, the bulletin is under the responsibility of the physician.
Based on the procedure for issuing sheets of temporary incapacity for work, approved by law, a document can be issued:
One of the parents;
The person replacing the parents (guardian or trustee);
Any relative, even if he does not live with the child.
When documenting a sick leave, a code is entered in the allocated column, which indicates who exactly (one of the parents or one of the relatives) will actually take care of the sick child. The caregiver's permanent place of residence does not matter. The main thing is that during the day he was next to the sick child. Also, the legislation does not provide for mandatory documentary confirmation of consanguinity.
An important detail: in the presence of several places of work, a person has the right to receive several sick leave at the place of work and part-time.
A temporary disability certificate for caring for a sick child can be issued by a citizen who has a permanent job or is registered at the stock exchange at the employment center. Other categories of citizens do not have this right (students, unemployed, pensioners, students).
Prerequisites for obtaining sick leave to care for a child
A number of conditions that must be met when issuing a bulletin (sick leave) on hand:
1. Personal presence of a sick child and a person who will provide him with care throughout the duration of the illness.
2. Document (passport) proving the identity of the caregiver.
3. The presence of a permanent place of work for the person in whose name the document will be drawn up.
Subject to the above conditions, a child care bulletin will be issued.
In what cases the sick leave for child care is not issued
Let's look at an example. A child in the family fell ill, he has a high temperature. A call to the clinic to call a doctor at home. The clinic's reception desk informs that the pediatrician will be able to visit the child in the afternoon.
The general decision was made that the sick leave is taken by the mother. But, at the time of the visit by the pediatrician of the sick child, she was absent. Since the mother was not present at the time of the patient's medical examination, a sick leave will not be issued in her name. In order to open it, you will need a personal visit to an appointment with your doctor.
A person who has received a sick leave in his own name is obliged to attend medical examinations of a sick child. Also, be in a timely manner with the child for an appointment and follow the course of the prescribed treatment. Otherwise, the doctor will make an official note in the bulletin that the caring citizen violated the regime. Failure to comply with the hospital regimen will lead to the minimum payment for the certificate of incapacity for work.
Reasons for refusing to issue a sick leave to care for a child
1. The child is being treated in a hospital. Age is over 15 years old.
2. A child with a chronic illness that is in remission.
3. The caregiver is on vacation. Regardless of whether the next vacation or leave without pay.
5. Leave to care for a child upon reaching the age of three.
6. A child with a disability being treated in a sanatorium.
7. A preschooler attending a kindergarten and having an enterobiasis disease.
Up to how many years a childcare sick leave is issued and for how long
For how long a sick leave is issued for childcare depends on the age of the child. The following dates in 2019 are legally fixed, which are reflected in the table.
| Child's age | How long will a sick leave be issued | up to 7 years | for the entire duration of the disease | from 7 to 14 years 11 months and 29 days | for a period of fifteen calendar days, if recovery has not come, the bulletin is extended through the VK (medical commission) until complete recovery | from 15 years | for three days, sometimes extended for up to seven days via VK. |
| Insurance experience | Payout amount | from 8 years and more | the payment is 100% of the caregiver's average salary | from 5 to 8 years old | 80% of the caregiver's average salary is paid | less than 5 years | the payment is 60% of the caregiver's average salary |
Last modified: February 2019
Employees with children are sometimes forced to take sick leave to care for the child. Employers cannot limit them in this, however, very few people will succeed in caring for a sick offspring endlessly. There are strict rules for obtaining, issuing and paying for a sick leave issued in the event of a child's illness.
Parents caring for sick children should be guided by two main documents that regulate the issue of payment of the certificate of incapacity for work:
- Federal Law No. 255-FZ - dated December 29, 2006, which determines what the state guarantees to insured citizens who are on the “bulletin” (for various reasons). In particular, they established how the employee's temporary disability is paid and how many days he is allowed not to work. From the text of the law, you can also find out to what age the child is given sick leave to the mother (or other relative / guardian).
- Order of the Ministry of Health and Social Development No. 624 - dated June 29, 2011, which determined the procedure for issuing certificates of incapacity for work. One of the chapters is devoted to the procedure for obtaining sick leave to care for children and other household members.
Taking care of sick children, while receiving temporary disability benefits, can:
- their parents;
- trustees or guardians;
- other relatives.
At a doctor's appointment, adult citizens are not required to confirm their family ties. But they will be checked by the insurance company through interdepartmental channels. If it turns out that the sick leave is issued to a person who does not have the right to open it, the benefit will not be paid.
Important! A certificate of incapacity for work should be issued to a citizen who is actually caring for a minor patient. However, the law does not require him to live together with the object of his care.Information about the relationship is indicated in the sick leave in the form of a two-digit digital code:
- 38 - mother;
- 39 - father;
- 40 - guardian;
- 41 - trustee;
- 42 is a different relative.
To get sick leave for a child's illness, you should contact a medical institution:
- if the treatment will take place at home (on an outpatient basis), it is enough to visit the local doctor - at the patient's place of residence;
- if hospitalization is necessary, the sick leave is opened by the attending physician - hospital, in-patient department, hospice or other medical institution.
You need to apply for a certificate of incapacity for work right away - on the first day when the child's illness or injury did not allow him to go to work (or had to be interrupted). This must be done, since it will not be possible to issue a sick leave "retroactively". And the absence of an employee at the workplace without a good reason threatens him with dismissal for absenteeism.
How long can you sit on sick leave with a child
How long the “paid” disability of a worker caring for a sick child can last depends mainly on two factors:
- the nature of the disease;
- the age of the minor patient.
It is allowed to take care of "paid" for a small patient under 7 years of age at any time, but within the annual limit (see the table below). It does not matter whether he is treated on an outpatient basis or in a hospital. The control of the existing restrictions of 60 and 90 days has been removed from medical institutions, so doctors issue certificates of incapacity for work without monitoring the number of calendar days throughout the year. This "mission" has been transferred to enterprises, i.e. In practice, sick leave for nursing can be obtained without time limits, but 60 and 90 days are payable as indicated in the table below.
Hospital for the care of a child under 18 is opened and paid without restrictions only in certain cases:
- if he is HIV-infected and care is carried out in an inpatient setting;
- if the ailment is associated with a post-vaccination complication or a cancerous tumor (it does not matter if it is taken care of at home or in a hospital);
- if the incapacity for work of the insured person is associated with the need to carry out prosthetics for the child in a specialized institution - according to a medical opinion (the bulletin will be issued not only for the period of the patient's stay in the hospital, but also for the time of travel there and back, if he required additional time).
Sick leave for the care of a disabled child is paid with a certain limit: no more than 120 (calendar!) Days annually, although it is issued for any period without restrictions. It will be allowed to issue until the 18th birthday of the subject in need of assistance.
In other cases, the gradation is as follows:
| Age limits | How many days is paid for temporary incapacity for work for a caregiver | |
| Days in a row | Days per calendar year | |
| Up to 7 years of age | —
There is only an annual limit. |
90 - in the presence of a disease from a special List; 60 - in other cases. |
| 7 to 15 years old | 15 | 45 |
| 15 to 18 years old Sick leave is issued only if the child is treated on an outpatient basis. |
7 - by decision of the medical board; 3 - if it is absent. |
30 |
In case of quarantine in a preschool institution, the entire quarantine period is paid for when the child is up to 7 years old.
Important note! If the maximum allowable deadline for sick leave payment has expired, but there is a need to continue caring for the child, the employee has the right to remain “on the ballot”. He will not receive benefits, however, the presentation of a certificate of incapacity for work will confirm the validity of the reason for his absence from the workplace. The corresponding excess of the number of days will make the certificate of incapacity for work an analogue of the certificate.Order of the Ministry of Health No. 953 of 04/10/2018 removed the restrictions on the number of days for issuing sick leave for caring for children under 7 years old, disabled children up to 18 years old, increased the age from 15 to 18 years when issuing care leaflets :
- for disabled children;
- HIV-infected;
- when detecting malignant neoplasms;
- with post-vaccination complications.
Order No. 953 allowed the issuance of sick leave certificates to citizens without Russian citizenship temporarily residing in the country, with the exception of highly qualified specialists.
Despite the fact that the age of the minor / minor patient is clearly prescribed in the laws, sometimes the question arises what the preposition "before" implies. For example, does the wording “under 18” include eighteen-year-old “kids,” or does the hospital care provider stop issuing once this age is reached?
But just this specified phrase ("under 18") gives a hint on how to correctly understand the age range. At the age of 18, citizens reach the age of majority and cease to be children.
The preposition "before" means "before reaching" the following age, that is:
- before execution 7 years;
- before execution 15 years;
- before execution 18 years old and so on.
The transition of a child from one age category to another is of interest. In this case, the rules apply at the beginning of the onset of the disease, keeping the number of days of caring for the child from the beginning of the calendar year.
To understand the essence of the above, consider examples:
- The child turned 7 years old in October, and in November he fell ill for 10 days. Sick leave certificates issued to the mother during the period from the beginning of the year totaled 40 days in total. Since at the time of the onset of the disease, the child has already passed to a different age category, the calculation will be made for it. The period of “sick days” for nursing care is 45 days, of which 40 have been exhausted, therefore 5 days are payable.
- During the period of illness, the child turned 7 years old, all other data are similar to the previous example. But in this case, all days of the illness are payable, since at the time of its onset the child was in a different age category.
How is sick leave paid for child care
Payment and calculation of sick leave for childcare is calculated according to the same rules as other benefits accrued to temporarily disabled workers.
However, payment is made from the first day at the expense of the social insurance fund, in contrast to the insured person's own illness, financed by the employer for the first 3 calendar days at the expense of his own sources.
The percentage of sick leave paid for childcare depends on the length of service earned by the employee:
- 60 percent from the average daily earnings - with an insurance experience (SS) of 0.5-5 years;
- 80 percent from s / d earnings - with SS 5-8 years;
- 100 percent s / d earnings - when the SS is more than 8 years old.
To calculate the amount paid, the caregiver's average daily earnings are multiplied by the number of sick days. If the recipient's insurance experience is less than six months, the benefit is paid to him based on (Clause 6, Article 7 of Law No. 255-FZ).
Pay attention! In January 2019, its size will increase by and the minimum wage will be 11,280 rubles.The average daily salary of an employee is calculated according to the formula: total earnings for the previous two years / 730. It is used only for calculating temporary disability benefits - clause 3 of Art. 14 of Law No. 255-FZ. For other calculations, such as counting, different formulas are used.
If the sick leave being treated on an outpatient basis, then the benefit in the above percentage is paid only for the first 10 days. Then they will begin to accrue it, multiplying the number of subsequent days by 50 percent of the average earnings.
Therefore, it is beneficial to carry out the care alternately by each relative who has not exhausted the 10-day limit. The position set out in the Letter of the FSS of Russia dated July 28, 2016 No. 02-09-14 / 15 provided an opportunity not to lose payments by issuing a sick leave to different family members alternately. For each subsequent member who has confirmed the relationship, the leaflet will be considered primary, since the insured event is not one's own disease, but the need to care for a patient in need.
But if the child was taken care of in a hospital, then the size of the average daily earnings will be calculated in percentage depending on the length of service for all days (and not the first 10) for which a certificate of incapacity for work was issued.
Calculation example
An employee with 7 years of insurance experience opened a hospital for caring for a child of 14 years old and stayed on the ballot for 12 days. The treatment was carried out at home, that is, on an outpatient basis. The total earnings of the insured employee for the previous two years amounted to 730 thousand rubles. When dividing by 730 (a constant value), it turns out that his average daily earnings were 1,000 rubles. But since the size of a citizen's insurance experience is in the range of 5-8 years, when calculating the allowance, 80% of this amount will be taken - 800 rubles.
Since the child was treated at home, only the first 10 days of sick leave will be paid in 80 percent (800 x 10 = 8000 rubles). For the remaining 2 days, the average earnings are 50% (1000/2 x 2 days = 1000 rubles). The total amount of the allowance is 9,000 rubles. (8000 + 1000).
For comparison, you can see how sick leave would be considered if the child was treated not at home, but in the hospital, or sick leave was issued for different family members in accordance with the explanations of social insurance. In this case, the employee would receive 9,600 rubles in his hands, since this benefit is paid for inpatient care. That is, the deserved "insurance" percentage of earnings is multiplied not by 10, but by the total number of days. In this situation, it would look like this: 800 rubles of average earnings x 12 days of incapacity for work = 9600.
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In fact, the right to getting sick leave for childcare is available from parents or close relatives who are caring for the child. A person who is not in a family relationship with a child will not be paid for sick leave. It should be noted that during the registration of the document, the doctor does not ask for confirmation of the relationship with the child.
An exception is the sick leave for childcare. up to 1.5 years, since up to this age an adult must constantly be with children.
The timing of the newsletter may vary. For a child aged 7 years and less the certificate is provided for the entire duration of the illness. For children aged from 7 to 15 years old for each case, a bulletin is drawn up with a period of up to 15 days.
For children over 15 years old, during outpatient treatment, a certificate is issued for up to 3 days for each case.
Sick leave calculation
When undergoing compulsory medical procedures on an outpatient basis, first 10 days certificates are paid taking into account the length of service of a relative providing childcare. Subsequent days will be compensated in the amount of 50% of his average salary... Upon receiving the necessary treatment in a hospital, the entire period will be paid based on the patient's experience.