Sick leave for a child during vacation. Are payments due to an employee in case of leave to care for a sick child?

The Labor Code of the Russian Federation clearly states that temporary disability in connection with child care must be paid. In this case, payment is subject to the entire period, starting from the day of birth until the child turns three years old. However, the same legislation contains rather ambiguous aspects that are difficult to understand without legal advice from a specialist. For example, payment of BC during the period of temporary incapacity for work of an employee in the case of annual leave, or if he is on maternity leave.

On the one hand, the employee expects to receive a health insurance plan in case of illness and payment for it during the next annual vacation. But if during this period the employee fell ill during paid maternity leave, does he have the opportunity to receive additional monetary compensation? This issue affects many parents who are on maternity leave.

As a rule, employers refuse to pay for the VN sheet in this case. But is there a way to get this very payment, or should the employee not waste time defending his position? To answer this question, you should understand in more detail the nuances of Russian legislation.

Is it possible to take sick leave during parental leave?

Many were pleased with the law extending the vacation period that coincides with an employee’s illness. But can a mother who is on maternity leave to care for a child in the family take BL?

The fact is that a medical institution has the right to issue a document to an employee according to which he will not attend work due to temporary disability in the same way as during an annual vacation. But in this case, the employer does not have the right to accept a document for subsequent payment for days off due to the illness of an employee of the organization.

Sick leave during parental leave

The temporary period of illness can be paid in the following cases:

without the possibility of maintaining the wage fund for a number of different reasons;
during the period of care, provided that the child is under three years old;

The last point has some exceptions related to the mother’s employment. For example:

Part-time employment due to the need for care. If this is full-time employment, no payment is made;
if the employee performs his ore duties fully at home;
in case of interruption of maternity leave to go to work.

An interruption of maternity leave can ensure that an employee receives compensation during illness. Only from this day will funds be accrued during the BL period.

How is sick leave paid during vacation?

In accordance with the law, the employer is obliged to compensate for the employee’s sick time. You are required to pay for each day indicated on the sick leave certificate. The employee's sick days can either be transferred to the next vacation, or their number is added to the current annual vacation period.

In the first case, the employee must write an application, have it endorsed by the OK and signed by the director. If a company employee decides to extend the current annual leave by including sick days, sick leave itself will be the basis for this decision.

Payment is calculated as follows: for each missed day of work in accordance with the size of the wage fund for a particular employee. Sick leave payments for the entire year should not exceed five months' salary.

The current legislation of the Russian Federation outlines the fact that maternity leave cannot be extended due to a period of illness confirmed by sick leave. This means that the BL received during the period maternity leave, is not a document confirming the legality of increasing the number of vacation days for an employee.

Is maternity leave extended during sick leave?

There are cases in which an extension of leave due to temporary disability is not expected. These are the following types of care:

for a sick child over 15 years of age. At the same time, he is a day patient at the clinic;
for a child who has chronic diseases.

If a woman is on maternity leave, the period of her illness will not be paid. Also, the maternity leave will not be extended taking into account the number of days of illness.

Sick leave during paid parental leave up to 3 years

15.06.2011, 21:59

Has anyone encountered this situation, please advise:
I am currently on maternity leave to care for a child up to 3 years old.
I got sick myself, spent time in the hospital, brought my sick leave to work, and they told me that they wouldn’t pay for it, because... I'm on maternity leave...
If there are accountants on the forum, I ask them for advice, are my accountants at work right?

15.06.2011, 22:02

I was also sick several times, but should I take sick leave?! There was not even such a thought.

15.06.2011, 22:06

15.06.2011, 22:25

They won't pay you sick leave.

15.06.2011, 22:36

I googled here and found:

15.06.2011, 22:46

In my opinion, you should not pay, since you are on maternity leave.
It's essentially like sick leave when you're on vacation...

15.06.2011, 22:55

Sick leave during this period of time is not paid.

eleanor1982

15.06.2011, 22:57

15.06.2011, 23:23

I googled here and found:

Sick leave during parental leave
The employee, while on maternity leave, brought a certificate of incapacity for work. Is she paid for this sick leave? Is maternity leave extended?
If an employee falls ill during maternity leave, she should not be issued a sick leave****. If she hid from the doctor the fact that she was on maternity leave and received a certificate of incapacity for work, then such a document is not subject to payment*****. It is true that if a woman, while on maternity leave until the child reaches the age of three, works part-time (or at home), then a certificate of incapacity for work must be issued to her and paid on a general basis **** **. But in any case, parental leave for the period of illness is not extended. If two or more children become ill at the same time, one certificate of incapacity for work is issued to care for them
PPKS, because the chief accountant herself. Everything is logical. If you work, you are paid sick leave based on your average earnings for the previous 2 years. If you are on maternity leave, then from what, excuse me, should it be accrued to you? Or do you want to receive benefits and get a little money from the state without working? It won't work that way.

15.06.2011, 23:24

in theory, if you were in the hospital, then the sick leave should have been given to your dad or grandma who worked, who would have stayed at home with the child

Sick leave not for child care.

15.06.2011, 23:47

won't pay

16.06.2011, 00:16

Everything they write is correct - they won’t pay.

16.06.2011, 00:38

When the illness is serious, they are admitted to the hospital and given sick leave. The idea is to take it to work....

But before that they ask whether you work or not;) And working does not mean being on maternity leave :)

16.06.2011, 00:41

PPKS, because the chief accountant herself. Everything is logical. If you work, you are paid sick leave based on your average earnings for the previous 2 years. If you are on maternity leave, then from what, excuse me, should it be accrued to you? Or do you want to receive benefits and get a little money from the state without working? It won't work that way.

Well, why so categorically? She may well go out and work for a while, and then get sick. A year ago, this was enough to receive a payment according to the bl, but now she needs to work for 2 years so that she has at least enough money left for medicine. so this state rather screwed people...

16.06.2011, 01:02

Well, for example, I was on maternity leave and worked, and accordingly received both a salary and benefits, because... worked at 0.5 rate. And I was paid for sick leave regularly, and I was registered as having 4 jobs. :)) Now you can work a day, but the payment will be according to the minimum wage (4330.00). And before this year there was such a freebie...:love:

16.06.2011, 01:05

16.06.2011, 01:09

You should have taken a second sick leave while on maternity leave... nevermind

And I also received 4 of them, for each job. :004:True, there were pennies everywhere, officially. :)) So all my maternity benefits from 4 jobs amounted to a total of 70 thousand (this is for pregnancy and childbirth). So I didn’t get rich at all...

16.06.2011, 01:15

With four jobs, did you even notice the vacation?)))

16.06.2011, 01:21

So we’re not talking about workers... and I don’t see anything free in bl, considering how much treatment can cost...

Vacation is one of the most desired and anticipated periods of the year. Everyone strives to relax as much as possible and recharge with positive energy for further work. But there are a number of factors that can ruin the long-awaited days, these include the child’s illness. When your beloved child suffers from a virus, you have to stand in endless lines to see a doctor. Such a pastime cannot be called comfortable; it becomes advisable to extend the leave due to sick leave to care for a child.

What functions does sick leave perform?

Many are sure that in the event of a child’s illness, in order to increase the period of annual paid leave, it is enough to simply issue sick leave to care for the baby. If the certificate is issued during the working period, then it is paid, but the question of vacation pay remains open, because such a situation arises much less frequently.

Sick leave is a special document that allows you to receive financial payment in the event of a worker’s incapacity for work for a certain period or the incapacity of his relative, or even a disabled relative. If a family member is sick, a certificate of incapacity for work can be issued to a parent (only one) and a guardian. The document states that the worker undertakes to monitor the disabled member of his family for a specified period of time.

Refusal to issue sick leave - in what cases is it possible?

The document may not be issued for several reasons:

the patient’s age is more than 15 years, and therapy is carried out in a hospital;
one of the parents went on vacation at his own expense;
the mother or father took leave at the time of receipt of sick leave;
maternity leave.

Legal justification - we delve into the intricacies of the legislation

The above conclusion has completely legitimate grounds. The Labor Code states that annual compulsory leave is extended only if the worker himself is incapacitated. This provision can be found in the first part of Art. 124. The illness of a son or daughter or another loved one does not provide for an independent extension of the annual period of rest.

Although there is an opinion that it can still be extended if the baby is ill. To achieve this goal, the company must establish a special provision in the so-called local document. This right is provided for in Article 124 of the Code (paragraph 4, first article). Now we have been able to determine whether sick leave to care for a child is extended.

Some employers call their subordinates to the enterprise, despite the registered sick leave to care for their own child during legal leave, and how to extend your leave in such a situation? This case highlights clear code violations from the employer.

Rules for registering sick leave

When applying for sick leave to care for your child during a well-deserved vacation, the doctor fills out the column “Cause of disability” in the form of a code. It represents the reason for issuing the document. If the child is cared for, then 09 is written down. Next to the phrase “Caring”, the specialist will write the age of the family member who needs care, and will also indicate the related code that determines who is caring for the baby. For example, you can specify:

"38" - mother's code;
"39" is dad;
"42" - another close relative or guardian.

If the disease affects several children at the same time, then the data of each of them is entered in the appropriate fields. If there are more than two children, then you cannot do without a new form. It is important to note that the Social Insurance Fund will pay. We have already determined whether sick leave will be paid for caring for a child during the vacation period.

How much can you get from sick leave?

If the certificate is issued not on vacation, but while the employee is carrying out professional activities, then it will be paid for. The amount of payment is directly affected by the age of the children:

if the age is under 7 years, then money is accrued for the entire duration of the illness;
if the age is in the range of 7-15 years, then cash will be credited to your account within 15 days;
Age over 15 years means that only the first three days of treatment are paid.

You can consult a doctor, he will tell you whether to extend the vacation if sick leave for child care is issued for this period. Just a few years ago, getting sick leave was much more difficult than it is now. This was due to the fact that specialists did not want to take responsibility, because the legislation clearly states that a sheet is issued only in case of an acute form of the disease or the development of a chronic form. In 2014, some changes took place; now you no longer need to prove to the doctor the need for sick leave for several hours. But along with this, certain time limits appeared that cannot be exceeded:

1. A 90-day bulletin is issued when a child becomes ill. preschool age. In this case, the disease must be included in the general register from 2008.
2. If the disease is not included in this register, then you can “get sick” for a third less, that is, only 60 days. The age limit remains the same.
3. The mother of a disabled person under 15 years of age is entitled to a certificate of absence from work for 120 days every year.

Issuance of sick leave

An employee can receive a certificate of incapacity for work for a period of time in connection with child care from the attending physician, that is, from a pediatrician in the hospital at the place of registration. If the treatment is carried out by a specialist in a narrow field of activity, then he fills out a certificate. Carrying out therapy in a hospital setting allows you to obtain a sick leave certificate from the attending doctor of this department. You can get a certificate at the following institutions:

registration clinic;
children's hospital for inpatient treatment;
a private clinic, if there is a special license that allows you to issue sick leave certificates for a fixed period.

If treatment takes place in a hospital, then the mother must be with the child the entire time. This requirement also applies to day hospitals.

The sheet can be collected directly on the first day of visiting the doctor. In this case, you must leave your own signature on the spine of the coupon in order to transfer responsibility for the safety of the document to yourself. The sick leave must be presented to the specialist each time to extend the period. Upon discharge, the certificate of incapacity for work is closed. You can receive the document on the last day. It is better to give preference to the second option, since the sheet will always be with the doctor in a safe place. We must not forget that it is necessary to always adhere to the order in which leaflets are issued.

To apply for sick leave with a child during vacation, you must have with you:

1. Personal presence.
2. Passport.
3. Having a permanent job.

It is not very difficult to issue a disability certificate; the main thing is to follow the above recommendations. We managed to learn the intricacies of sick leave to care for a child when you are on vacation, and we received an answer to the question that worried many mothers: whether payments are due or not. The baby care certificate should not only be completed correctly, but also comply with all the conditions prescribed by law. We must not forget about the procedure for issuing sheets, necessary documents and factors.

Based on the current legislation of the Russian Federation, one of the parents of a small child has the right to receive care leave until he reaches three full years of age.

This right is enshrined in article number 256 of the Labor Code of the Russian Federation.

Conventionally, parental leave is divided into two stages, which are limited by the age of the young child, since payments for child care are calculated at different rates. At the same time, from the point of view of labor law, the situation is very similar.

...paid

Based on the current legislation of the Russian Federation, payment of sick leave for child care occurs under the following conditions:

The man or woman was employed part-time.
A person who has gone on parental leave can perform work duties at home.
Interruption of leave to care for a small child in order to go to work on the basis of a certificate from a medical institution.

Based on the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” (Article #9), payment of benefits for temporary disability is not accrued to a person who has insurance if the latter was released from work with the wording “full or partial preservation” and with the wording “without content”.

This legal act also states that the benefit will be accrued in the event of loss of the ability to perform work duties due to illness or receipt, while on labor, which is paid.

...not paid

According to current legislation, if one of the parents is on leave to care for a minor child, he should not receive sick leave.

Sick leave is not issued for caring for a small child who has not yet completed three years of age, except in cases where the employee can perform work for certain conditions.

However, in some cases, sick leave may be issued, although the employer or entrepreneur himself deprived of rights accept it and make payments on it.

What determines the payment amount and what is the payment period?

Based on the latest amendments to federal legislation, it becomes clear that The duration of the certificate of incapacity for work should be no more than five months within one year.

Also not decreasing interest rates for payments that are paid on sick leave for citizens with large income. If the experience is less than 5 years, he is credited only 60% of the amount. Citizens with less than a year of insurance experience receive payment according to.

In turn, sick leave payments for mothers who care for their sick children are made depending on the age of the small child.

Sick leave is paid if:

If the child has not reached 7 years of age (60 days) or a serious illness has been detected (90 days).
If the child is under 15 years old (45 days).

IMPORTANT! Women who gave birth to a child through artificial insemination also have the right to pay for sick leave.

It is also interesting that, thanks to the latest amendments, the insurance experience of a particular citizen plays a big role, which we wrote about in more detail above.

As before, the calculation of the temporary disability certificate is made based on the last two years of work.

A parent whose child is studying at a school that is under quarantine is also entitled to receive payments under. But the number of days is limited within one year.

Payment for sick leave is made within 10 days. If the sick leave was submitted shortly before payment wages, you will most likely receive a payment from the Fund with your next advance payment or salary.

How to receive payment?

A certificate of incapacity for work is issued from the first days of illness. Given The document is the main one on which payments are calculated.

In order for sick leave to be paid, a person must be officially employed in any company or organization, regardless of the form of ownership and its legal status.

It is important to know that sick days must coincide with days when you were absent from work. The data is entered into the working time sheet.

To receive payment for sick leave, you need to submit all the necessary documents to the accounting department of your place of work.

The first three days of sick leave are paid by the employer, the remaining amount is paid by the Social Insurance Fund of the Russian Federation.

Is it possible to extend parental leave after receiving sick leave?

In accordance with the current legislation of the Russian Federation, parental leave cannot be extended. However, it is possible to extend regular paid leave if the employee falls ill while on it (Article 124 of the Labor Code of the Russian Federation).

It is important to know that this provision only applies to the illness of the employee himself, and not his children or other family members.