Sick leave for child care - a document that gives employees the right to receive benefits for a period of incapacity for work. And, of course, the rules for “sick leave” are constantly changing. Consider the nuances of calculating benefits and the rules for paying sick leave for child care in 2018. In this article, we will give an example of the calculation of benefits.

How many days a year is sick leave paid for child care

In Art. 6 of the Federal Law of December 29, 2006 No. 255-FZ refers to how much and how sick leave is paid for child care in 2018. In different cases, the limits of paid days are different.

Recall that from April 10, 2018, an employee can go on sick leave to care for a child under 7 years old for an unlimited time, at least for the whole year. Previously, there was a 60-day limit. The employee must notify the employer that his child is ill. And he can go to work, say, in three months, confirming this with a sick leave. In this case, the employer is not entitled to apply sanctions. Moreover, the accountant will have to calculate sick leave according to the old procedure, paying 60 (in some cases 90) days of illness. And all because now the doctor writes out sick leave without time limits.

Let us consider in more detail how sick leave is paid with a child.

Let's present the information in the form of a table.

* The disease of the child is included in the List approved by the order of the Ministry of Health and Social Development of Russia dated February 20, 2008 No. 84n.

Example 1 An employee's fourteen-year-old child fell ill. The disability certificate for caring for him was issued for the period from August 17 to August 31, 2018 (for 15 calendar days).

Since in 2018 the employee did not have sick leave certificates for the child, and the recovery was within the 15-day limit, the employee is entitled to an allowance for the entire period of care. After that, the limit of paid days in 2018 is reduced by a third to 30 calendar days (45 - 15).

On what date to determine the age of the sick person to pay sick leave for child care

The age of the child is determined on the date when he began to get sick. On the same day, a temporary disability certificate is issued.

Suppose a person is seven years old at the time of his illness. However, in the sheet of temporary disability on the line "Age (years / month)" the doctor will indicate six years. This follows from paragraph 58 of the Procedure approved by the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n.

How sick leave is calculated for child care

The general rules for determining the average daily earnings are as follows:

- all payments and deductions for the previous two years of work are taken into account. In 2018, these are incomes for 2016 and 2017. A woman who was on maternity leave at that time has the right to replace the period with an earlier one if this helps to increase the amount of sick leave benefits;

- the amount of payments for calculating benefits cannot exceed in 2016 - 718,000 rubles, in 2017 - 755,000 rubles;

- average daily earnings = the amount of payments taken into account for the billing period / 730

Sickness benefit amount = Average daily earnings * % depending on insurance experience* Number of paid sick days for the child.

The percentage of experience depends on the method of treatment of the child

What is the payment amount sick leave for child care in 2018, we presented in the table:

The maximum average daily earnings, based on which sick leave is paid in 2018, is 2017.81 rubles. [(718,000 rubles + 755,000 rubles) / 730 days].

The minimum amount of average daily earnings for calculating hospital benefits in 2018 is 311.97 rubles. (9489 rubles * 24 months / 730 days).

After comparing the actual average daily earnings with the maximum and minimum amounts, assign the amount that is more than the minimum and less than the maximum for payment.

Example 2: An employee's fourteen-year-old child fell ill. This is the first case of the child's illness in 2018. The period of care for a sick child is 17 calendar days from February 22. The amounts of payments subject to social insurance contributions amounted to: for 2017 - 212,000 rubles, for 2016 - 206,000 rubles. The employee's insurance experience is 12 years and 11 months. Calculate the payment of sick leave for child care in 2018.

For one insured event, you can pay for no more than 15 calendar days (clause 2, part 5, article 6 of Law No. 255-FZ). However, the child was ill for 17 calendar days. Accordingly, the employee will be paid: the first 10 calendar days - in the amount of 100% of the average earnings (insurance period of more than 8 years), from the 11th to the 15th day - in the amount of 50% of the average earnings. The 16th and 17th days of illness are not paid.

The average daily earnings for calculating benefits is 572.60 rubles. [(212,000 rubles + 206,000 rubles) / 730 days]. This value does not exceed the established maximum (572.60 rubles.< 2017,81 руб. руб.) и больше установленного минимума (572,60 руб. >311.97 rubles).

The amount of benefits that the employee will receive will be: for the first 10 days of care - 5726.03 rubles. (572.60 rubles * 10 calendar days), from the 11th to the 15th - 1431.50 rubles. (572.60 rubles * 50% * 5 calendar days).

If the period of nursing coincided with the vacation

Calculation of payments for sick leave with a child during vacation (it does not matter what it is - annual, maternity or without pay) is not made (clause 1, part 1, article 9 of the law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-FZ). The only exception to this situation is the issuance of sick leave during the period of annual leave directly due to the illness of the employee himself.

As provided for in par. 4 p. 40 of the Procedure for issuing certificates of incapacity for work, approved. By order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n, a sick leave in the event of a child’s illness during an annual, maternity or other type of parental leave cannot be issued.

Sick leave after dismissal

The employer is obliged to pay sick leave to an employee if he fell ill within 30 days after his dismissal, did not have time to re-employ during this time and provided the necessary form at his previous place of work. However, this rule does not apply to cases of caring for children, but only applies to cases of disability by the employee himself (clause 2, article 5 of law No. 255-FZ).

At the same time, in medical institutions, when filling out a disability certificate, the degree of kinship and documents confirming this fact are not asked. Grandparents, mothers, fathers, sisters, brothers, uncles, aunts and other relatives can receive paid sick leave on completely legal grounds. Despite the fact that the degree of kinship in medical institutions is not requested, the sick leave from the Social Insurance Fund will be paid only to those employees who cared for relatives. This fact is verified at the interdepartmental level by sending appropriate requests without the participation of a citizen. Disability certificates are issued only at a polyclinic or similar medical institution. emergency doctors or emergency care are not eligible for sick leave. Conditions for issuing a sheet A sick leave certificate for child care is issued after the end of treatment.

Hospital for child care

How to pay sick leave for child care from 7 to 15 years? The amount of the allowance for caring for a sick child who received treatment in a hospital depends on the length of service of the caregiver and is calculated as a percentage of average earnings (SZ): Length of service (years) % of SZ 8 and more 100 From 5 to 8 80 Up to 5 60 How to calculate the length of service for sick leave, read here. If the child's therapy was carried out at home, then the first 10 days are paid to the caregiver, depending on the length of service, the subsequent days of illness - in the amount of ½ of the SZ. IMPORTANT! Payment of the hospital benefit is carried out at the expense of the FSS starting from the 1st day of the child's illness.
The rule of paying the first 3 days of sick leave at the expense of the employer is not applicable in this case. Example An employee of Kotova A.M. provided a bulletin for caring for an 8-year-old child on an outpatient basis from 10/02/2017 to 10/16/2017 (15 calendar days). Work experience - 6 years.
By the way, I also received the first number at work. The boss yelled at me so much and said that I would ... wipe my daughter up to 20 years old (((. Until adulthood! Only if the child is 15 years old or more, the sick leave will be given only for 3 days, they can give for 7 days with very serious indications. Up to 7 years, only 2 months of sick leave during one calendar year are paid, up to 15 years - only 1.5 months.

Info

You can take sick leave to care for a child at any age. Only than less baby, the more days are given and the more days are paid. The most convenient option for sick leave is given if the child is under seven years old (i.e.

Sick leave with a child under seven years old is given for the entire period while your baby is sick. A sick leave with a child from 7 to 15 years old is given for 15 days (but for each illness). A sick leave with a child over 15 years old is given for three days (but also for each case of illness).

Hospital for child care: the nuances of the calculation

If several children fall ill, how is sick leave issued for each child aged 7–15 years? When 2 children fall ill, 1 sick leave is issued at the same time to care for a child aged 15 and younger. If 3 or more children are ill, additional disability certificates are issued. In addition, each document specifies:

• the name of each child;
• periods of treatment;
• age.

The period of validity of the sick leave issued for 1 child with the disease of the 2nd and subsequent ones is extended until the date of recovery of all children.

Bulletins can be issued to several relatives in turn, subject to the following condition: 1 sick leave per 1 caregiver.

Sick leave for child care in 2018

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 are ill, each can be cared for different faces, at the same time, a separate certificate of incapacity for work is issued for each sick person to be presented 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.

Payment of sick leave for child care 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.

Until what age do they give sick leave with a child (cm)?

If the treatment was carried out in a hospital (during hospitalization), then regardless of the age of the child, payment is made in the amount established by law. Calculation example For example, a person spent 15 days on sick leave to care for a child. The work experience is 9 years. The average salary is 20,000 rubles.

In this case, for the first 10 calendar days he will receive compensation in the amount of 6,666 rubles, for the remaining 5 - 3,333 rubles. The full sick leave is 9,999 rubles. The calculation is made according to the formula: SD = SM / KM * KN, where SD is the average daily wage, SM is the average monthly salary, KM is the number of days in a month, KN is the number of days of disability. Since the work experience is more than 8 years, the sick leave is paid in full.
Download for viewing and printing (free of charge) Federal Law of December 29, 2006

“atypical” sick leave for child care

For example, if a sick leave is opened by a stepfather or stepmother who is not documented as relatives or guardians, regardless of whether they live with the sick person or not. Changes in 2018 Since 2017, disability certificates can be issued in in electronic format. In addition, the time required for the rehabilitation of a sick child can be included in the payment for sick leave.

But the number of days that the FSS will pay parents has remained unchanged. Maximum size hospital allowance in 2018 will be equal to 61 thousand 375 rubles. The Ministry of Health has submitted a bill for consideration, according to which sick leave for the care of children over 7 years of age will not be issued.

How to calculate and pay sick leave for child care from 7 to 15 years?

The organization does not pay anything from its own funds, since this is not prescribed by law. The Social Insurance Fund transfers funds not to the employee’s account, but to the employer’s account, which already transfers them to the employee. Sizes Federal Law "On Compulsory Social Insurance" No. 255-FZ implies the following payment amounts for treating a child at home.

The first ten days in calendar terms are paid based on seniority citizen (meaning the entire length of service, and not with a specific employer):

• with a work experience of more than 8 years, a person can count on 100% compensation;
• if the experience is less than 8 years, but more than 5, then payment is made in 80% of the volume;
• with a work experience of less than 5 years - 60% of wages.

The remaining days are paid at 50% of the average wage.

How is sick leave paid for child care?

In general, sick leave for child care, if necessary, can be taken until the child reaches the age of 15 years. But even if the child is older and seriously ill, you can be given sick leave, just like they will be given sick leave to care for any other member of your family. It's just that these sick days (for caring for a child under 15 and for caring for a sick family member) will be paid differently. I'm a little confused about the question asked in the explanation. What does it mean "whether they will give the sick leave or we go to the doctor"? In order for you to be issued a sick leave, you just need to either go to the doctor or call the doctor at home. In absentia, we do not issue sick leave, including sick leave for child care. the author of the question chose this answer as the best comment If a child under 7 years old falls ill, the parent receives sick leave for any necessary period.

Attention

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 An 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.

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.

Hospital care for a child 15 years old inclusive or not

Sick leave to care for a child 3 years If the baby is under 3 years old, and at the same time any of his parents is on a formal leave to care for a child, then the payment of benefits for a sick leave 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. Rate the quality of the article.

According to the legislation, any relative caring for a baby can receive a disability certificate, that is, in addition to the mother, it can be a father, grandmother, grandfather, aunt, etc. Moreover, confirmation of the degree of relationship and Cohabitation with a sick child is not necessary. The only thing you need to apply for a sick leave to care for a child is a passport, and everything else on the disability certificate is filled out according to the words of an adult.
A sick leave certificate for child care is issued if the child

Less than 7 years old and he is ill with an acute illness or an exacerbated chronic illness, is on outpatient or inpatient treatment with the joint stay of one of his relatives, or is in quarantine - during the entire period;
7-15 years for any disease requiring outpatient or inpatient treatment with a relative staying together - no more than 15 days;
Under 15 years of age and he has a positive HIV status or a serious blood disease, burns, malignant tumors, while he needs inpatient treatment with a relative staying together - during the entire period of illness;
Under the age of 15 and he received serious complications after the vaccine, he needs outpatient or inpatient treatment with a relative staying together - for the entire period;
Until the age of 15, the child has a disability and is ill with an acute illness or an exacerbated chronic illness, needs outpatient or inpatient treatment with the joint presence of one of the relatives - during the entire period of illness;
Over the age of 15, for any disease, he needs outpatient treatment - no more than 3 days, the medical commission can extend the period up to 1 week;

Moreover, the reason why you are caring for the child must be indicated on the disability certificate, because the number of sick days that you will be paid per year will depend on this:
- for colds, if the baby is under 7 years old, you will receive payment for 60 calendar days;
- if the child is 7-15 years old, and he had a cold, then they will pay 45 calendar days;
- over 15 years old - payment will be made in 30 calendar days;
- in the case when the child has a disability, 120 calendar days are paid.
Everything that exceeds these limits is no longer paid, so to speak, you will be on sick leave at your own expense. In the case when a child is under 15 years old and has a positive HIV status, a malignant tumor or a post-vaccination complication, then payment is made for the entire period of illness. Inpatient treatment is paid depending on salary and length of service, while outpatient treatment is paid only for the first 10 days, and the rest is 50% of the amount.
When sick leave is not issued
Sick leave for child care is not issued

A child over 15 years of age is on inpatient treatment;
In case of a chronic disease during remission;
If a relative caring for a child, most often a mother, does not need to be released from work, this may be due to leave at their own expense, annual leave, maternity leave.

In the case when the above periods end, and the child does not recover, a sick leave sheet is issued from the day of the theoretical return to work.
If both children fall ill in the family, then one sick leave is issued. In the case when the second (third, etc.) baby fell ill when the first one had not yet recovered, then the leaf of the disease also remains alone, but it opens on the date when the first one fell ill, and closes when everyone has recovered. This sheet should list the age and names of all recovered children. Under certain circumstances (prolonged course of the disease), the sick list can be issued alternately for different family members.

Starting from 2016, hospital care for a child under 7 years of age is issued by polyclinics and children's hospitals to parents, relatives or guardians for the entire period of treatment, which is carried out: on an outpatient basis (at home with periodic visits to the doctor); inpatient (provided that the parent or guardian is in the hospital with the child during the entire period of treatment).

But it should be borne in mind that the total length of stay of parents on sick leave to care for a child under 7 years of age cannot exceed 60 days in general cases (for one calendar year) and 90 days in special cases in the treatment of diseases indicated in the list of the Ministry of Health and Social Development of the Russian Federation from 20. 02. 2008. For similar periods, the insured persons are calculated and paid benefits for temporary disability.

For parents or guardians of children aged 7 to 15 who provide care during treatment, reduced sick leave periods are established on the basis of a disability certificate:

• up to 15 days in outpatient or inpatient treatment (for each case);
• up to 45 days in total within one calendar year.

If the child is older than 15 years, then the sick leave is issued for up to 3 days only under the conditions of outpatient treatment. In some cases, the period may be extended up to 7 days by decision of the medical commission.

Also, in some cases, special periods of stay on sick leave are provided. They are provided for the treatment of:

• disabled children;
• children with HIV;
• complications after vaccines;
• oncological or radiation diseases;
• during the quarantine of children attending preschool educational establishments.

The above periods of exemption from work on sick leave can be extended until the child recovers. This requires the passage of a medical commission.

Who is entitled to pay for child care due to illness

The Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” provides for the release of the mother, father or guardians of the child from work when:

• the child is in a state of exacerbation of a chronic disease or during a period of serious illness;
• it is necessary to alleviate the condition of the child with the help of special medical interventions or their complex;
• need to involve medical workers to restore or improve children's health.

At the same time, before the entry into force of the Decision Supreme Court RF dated April 25, 2014, the right to social insurance payments applied only to the first case. In the other two, it was limited. But in 2014, such a norm was declared invalid, and the Ministry of Health expanded the possibilities for obtaining sick leave for relatives in all the cases listed above.

The degree of relationship with the child is indicated by a special two-digit code on the form (it is written by the hospital staff), and living under the same roof with the child is not prerequisite for paperwork. Also, according to the law, it is allowed to alternately issue sick leave to different family members for child care (within the established deadlines).

A certificate of incapacity for work is not issued in such cases when:

• a child over 15 years of age and the treatment process is carried out in a hospital;
• treatment of a chronic disease in remission;
• during the period of vacation provided in accordance with the Labor Code of the Russian Federation.

And in last case A certificate of incapacity for work will not be issued if the employee is:

• on annual paid leave;
• on leave without pay;
• on maternity leave;
• on leave to care for a child under 3 years of age (except when the employee works at home or part-time).

Sick leave for the period of leave for the father, mother or person caring for the child can be issued starting only from the day when the employee will have to start his work duties.

How is a disability certificate issued when caring for a sick family member

A sick leave for child care is issued directly on the first day of contacting a doctor. Signing documents "retroactively" is prohibited, so it is important to seek qualified help in a timely manner.

To apply for a certificate of incapacity for work to the parents or guardians of the child, you must:

• for outpatient treatment, contact your doctor (pediatrician or doctor with a narrow specialization);
• for inpatient treatment, contact the attending physician if the parent will be with the child in the hospital around the clock or only during the daytime.

The sick leave is for working mothers who are subject to compulsory insurance for temporary disability, as well as for those who are registered at the employment center as unemployed. At the same time, such a document is not issued to pensioners, students and other categories of the unemployed.

At the first issuance of a certificate of incapacity for work, the insured person must be present in person, accompanied by a child. And this applies to both cases of going to the hospital and cases of calling a doctor at home. The same requirement must be observed when extending or closing sick leave.

At the first examination of a sick child, the doctor fills out a sick leave certificate and issues it to the mother, father or guardian caring for the child. This document must be carried with you to every appointment. And in case of loss or damage to this document, the insured person is fully responsible. In some cases, the sick leave is kept in the process of treatment by a doctor, and is handed out only on the closing day.

In addition to the documents for the child, when applying for a sick leave, the caregiver must present an identity card. In this case, the fact of kinship is not mandatory.

If the mother, father or guardian works in several companies (at the main place of work and part-time), then several sheets of disability can be issued. This is possible in such cases:

• if the employee has been employed by these companies during the previous two calendar years;
• if the employee has been employed by these or other (other) employers during the previous two years.

In other cases, a certificate of incapacity for work is issued in one copy for one of the last / current places of work. It is chosen by the insured person at his own discretion.

Sick leave for caring for two or more children

There is a special procedure for issuing disability certificates when caring for one child and several at the same time.

Moreover, if children fall ill, different relatives can take care of them. For each of them, a separate sick leave is issued, in which one child fits (or two, if more than three children fall ill).

How many days are paid on sick leave with children

The insurance benefit is paid for the entire period of incapacity for work, which is indicated on the sick leave. Therefore, the restrictions relate more to the periods for which sheets are allowed to be issued.

The timing of a person's release from work due to caring for a sick child depends on his age and circumstances. In accordance with paragraph 35 of the Order of the Ministry of Health and Social Development of June 29, 2011 No. 624n:

In some cases, the terms indicated in the table may change (by decision of the medical commission).

As for children under 15 years of age who belong to certain categories, other terms for exemption from work on a sick leave are established here.

According to the current legislation, temporary disability benefits for the above reasons are paid to persons in full for those calendar days that fall during the period of treatment.

How is sick leave issued?

The sick leave form is equipped with several degrees of protection. You can fill it in both capital letters and block letters. At the same time, gel, capillary or fountain pens with black ink are allowed for writing. Also, all the necessary information can be printed on the form using a printer. Making any corrections to the form is strictly prohibited, and instead of a damaged document, you are required to issue a new copy through the medical commission.

Also, when filling out the form, it is necessary to take into account such nuances as:

• all entries must be made only in cells strictly designated for this;
• all fields must be filled in, starting from the first cell, without gaps;
• alphabetic and numeric entries in cells should not touch or go beyond cell boundaries.

Calculation and payment of sick leave for child care

Depending on the total length of service of the father, mother or guardian who cares for a sick child, the amount of temporary disability benefits is formed.

According to the current legislation, the minimum wage (minimum wage) for 2016 is 6204 rubles.

In accordance with the current legislation, the calculation of average earnings in order to determine the amount of benefits is carried out taking into account the following conditions:

• it is necessary to take into account two calendar years that preceded the time of the onset of disability;
• years of work taken into account can be changed if in one of them the insured person was in maternity leave or on parental leave (only if such a replacement would result in an increase in benefits);
• if in the required years the insured person had no employment, or the average earnings based on the calendar month smaller sizes minimum wage, then when calculating benefits, indicators are used minimum size wages.

To calculate the average earnings of an insured person, you must add up the income and divide by the considered insurance period (730 days). At the same time, exception periods that fall on other insured events. Further, the received average earnings are multiplied by a coefficient (less than or equal to 1), which will depend on the insurance period and a long period of disability.

Another important point that affects the amount of the benefit paid is the conditions for providing medical care to a sick child. Namely:

• if the child is being treated in a hospital, then the duration of the sick leave is counted in full, without recalculations;
• if the child is treated on an outpatient basis, then the first 10 days of treatment are counted in full, and the next - in the amount of 50% of the amount received (regardless of how long the insured person has).

Sick leave for the care of a child who is in a hospital is paid in the same amount as sick leave in case of illness of the employee himself. If the employee is caring for a child who is being treated on an outpatient basis, then the calculation is carried out differently. During the first 10 days of treatment, social assistance is paid in full size(depending on the length of service of the employee and his average salary). In the following days, the calculation is different: 50% of the average earnings, regardless of the insurance period.