Yur-Grand

I became a young father last year. In the first months there was only euphoria from the knowledge that I had a baby daughter, but then gray everyday life began and my wife and I first encountered a childhood cold in our own child. This is where problems arose.

We live in Moscow, but our grandmothers are all far away. There is no way to leave the baby with a loved one, and we are biased towards all nannies.

As luck would have it, my wife has a tax audit at work and she just can’t get the ballot. Then I decided to go to the accountant of my company and find out whether my father could take sick leave for child care and where to go with such a question.

As a result, I was consulted in detail, and today I can myself give advice on how to resolve a similar situation. So, I'll start my story.

Who is entitled to a ballot for a child?

First, let's talk about the fact that not only the mother or father, but also the closest relatives, for example, grandparents, have the right to care for the baby. Of course, this option is permitted by law, but it is important to follow a number of rules. In particular:

the candidate must be employed;
the relative is required to be listed as insured by the Social Insurance Fund.

Despite the fact that this right is reserved only for close relatives, blood ties with the child are not required to be confirmed. In addition, after receiving the BC, the document will need to be presented at the place of employment, together with an application for compensation payment.

Sick leave during divorce

Tatiana

no, you don’t have the right to refuse, it’s no longer legal. The employer is obliged to pay temporary disability benefits to the father who is actually caring for a sick child, including during the period the mother is on child care leave. The employee is not required to submit any other documents (certificates), except for a certificate of incapacity for work, to assign the said benefit. Rationale for the conclusion: By virtue of Art. 2 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (hereinafter referred to as Law N 255-FZ), persons working under employment contracts are insured persons and have the right to receive temporary disability benefits. Cases of providing temporary disability benefits also include the need to care for a sick family member (clause 1, part 2, article 1.3, clause 2, part 1, article 5 of Law No. 255-FZ). Consequently, if a father working under an employment contract actually takes care of a sick child, then he has the right to receive temporary disability benefits. In accordance with Part 5 of Art. 13 of Law No. 255-FZ, the basis for the appointment and payment of benefits for temporary disability is a certificate of incapacity for work issued by a medical organization in the form and in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of social insurance . Clause 34 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 N 624n (hereinafter referred to as the Procedure), establishes that a certificate of incapacity for caring for a sick family member is issued by a medical worker to one of the family members (guardian, trustee, another relative) who is actually providing care. The FSS of Russia, in its clarification dated May 28, 2008, notes that every insured person (mother, father, grandmother, grandfather, etc.) caring for a sick child has the right to receive benefits for caring for him. To assign and pay temporary disability benefits in connection with caring for a sick child, the employee (father, grandmother, grandfather, other relative) must submit to the employer a certificate of incapacity for work issued in the prescribed manner, on the basis of which the employer must calculate and assign temporary disability benefits. The insured person does not need to submit any other documents (certificates) to assign the said benefit. (https://www.fss.ru/ru/consultation/10616/6810/20393.shtml). Thus, if the father is an insured person, then he has the right to payment for a certificate of incapacity for work issued to him in connection with the need to care for a sick child. At the same time, the legislation does not require the presentation of any evidence related to the impossibility of caring for a sick child by a mother who is on parental leave. To assign and pay temporary disability benefits, it is sufficient that the father provides a certificate of incapacity for work. The fact that the child’s mother is on maternity leave at this time does not matter. By virtue of clause 40 of the Procedure, the ban on issuing a certificate of incapacity for work during the period of leave to care for a child until he reaches the age of 3 years is established only in relation to the person on this leave, with the exception of cases of performing work during the specified period on a part-time basis or at home (clause 23 of the Procedure). Moreover, in Art. 9 of Law No. 255-FZ lists the periods for which temporary disability benefits are not assigned, as well as the grounds for refusing to assign temporary disability benefits to the insured person. As follows from this norm, the fact that the mother of a sick child is on maternity leave is not a basis for refusing to grant temporary disability benefits to the father who is actually caring for the sick child. In the situation under consideration, the Federal Social Insurance Fund of the Russian Federation should not have any claims against the employer who paid temporary disability benefits to the father, who was actually caring for a sick child, while the mother was on maternity leave.

The procedure for registering a child's sick leave

To receive a bulletin specifically for the illness of a child attending school or kindergarten, you will first need to go to a clinic or hospital.

During the document preparation process, you will need to follow a number of rules:

a relative who will subsequently receive BL must come to the appointment together with the child or be present when visiting a doctor, as well as at other points of contact with a specialist;
when staying in a hospital, a citizen must be with a small patient.

It is important to add that if two children become ill, a second BL is provided. If, during the illness of the first baby, the second child begins to get sick, then the BL will be extended until all the children recover.

Detailed information about the procedure and features of obtaining a BL for a child can be found in the video:

Design algorithm

In case of maternal illness

If the mother gets sick on maternity leave, will the child's father be given sick leave?

Extreme necessity allows for the use of the father's resource if a woman on maternity leave gets sick.

Regardless of the severity of the disease, the father has the right to join in caring for the baby.

In emergency cases, it is permissible to notify management by phone and not even go to work if the child is left unattended. For example, if the mother is hospitalized due to an ambulance call.

The employer does not have the right to impose a disciplinary sanction on the employee in this situation, but the urgency of the measures taken by the father must be documented.

If your baby is sick

Sick leave during maternity leave, issued for a sick child temporarily left without mother's care, sick leave is issued.

To receive it, the father will need to take a certificate certifying the mother’s condition and present it to the children’s clinic where the baby is being monitored .

Such treatment is legal until the child is three years old.

The certificate must indicate the person who will continue to care for the child.

This entry is made by the woman’s attending physician, in her words, and is verified together with the rest of the information included in the extract.

In emergency cases that do not provide the woman with the opportunity to register information, responsibility for the child is delegated to the father .

Any attacks on his legal rights should be challenged on the basis of the provisions of Article 60 of the Family Code, which regulates the role of parents as legal representatives of their minor children, obliged to fulfill the legitimate interests of them.

If the head of the clinic refused to issue sick leave during maternity leave following the pediatrician, and the employer did not provide conditions for caring for the baby, the situation allows for filing a claim , with the recovery of material, and in other cases, moral damages, for proportionate harm received.

What documents are required to register a ballot?

In addition to the listed requirements, an essential point is the preparation of the necessary documentation to obtain a BC. The list of required documents includes:

baby's birth certificate;
compulsory medical insurance policy;
passport of the adult caring for the child;
information about an adult’s employment is recorded from his or her words, without providing supporting documentation.

A certificate of incapacity for work is issued to the child’s relative on the day the child recovers. While the treatment lasts, the document is kept by the doctor.

Short answer

With a temperature approaching forty, it is not at all easy to play the role of an exemplary mother, but the child cannot wait with his needs. Mom is not entitled to sick leave on maternity leave, because she is not at work anyway. Can her husband legally take sick leave until his wife gets better?

If a woman is sick at home and not in a medical facility, a man can take paid sick leave to care, but not for a newborn, but for his own wife. This sheet will be given for a short period of time, and the number of days that management will pay will be limited. But if mom is taken to the hospital, dad is not entitled to sick leave - neither to care for his wife, nor to care for the baby.

This issue is resolved differently: parental leave is taken out while the mother is away. There is an option to involve relatives by, for example, arranging maternity leave for grandma or grandpa.

A father can take out parental leave even for those days when his wife is at home. However, this method will be advisable only if the disease is expected to be protracted. In other cases, it is better to ask relatives and friends for help, negotiate informally with your superiors, or even hire a nanny.

Paternity leave for father

For how many days can a document be issued, taking into account the age of the baby?

Regardless of the treatment regimen for a child under 7 years of age, a bulletin is issued for the entire period of illness. Its duration can reach 60 ducks, but no more. The exception is diseases included in the special list of the Ministry of Health. In such circumstances, payment is subject to up to 90 days of illness.

For children 7-15 years old, without taking into account the method of treatment, the period of the bulletin for each case cannot exceed 15 days. In general terms, the period of illness is up to 45 days.

For teenagers over 15 years of age, sick leave is issued, but only for outpatient treatment and for a period of 3 days (up to 7 days by decision of the commission), but not more than a month in total. Special rules are established for children with disabilities. The ballot period for them is longer.

General rules for filling out LN

Today there are general rules for filling out different types of BC. It doesn’t matter who the document is issued for, a child or an adult, but there are a number of points that require mandatory attention:

when caring for a child, code “09” is indicated as the cause of disability;
in the age line you need to mark how many full years the child is, except in cases where the baby is less than a year old;
When designating family ties, the following codes are used: “38” - mother; “39” - father”, “40” - guardian; "41" - trustee; “42” - another relative;
You will need to enter the details of the child (or children) who are being cared for.

All these points are very important for subsequent confirmation of a citizen’s absence from work and for calculating benefits.

In what cases is the document not issued?

Under certain circumstances, the BC is not issued. In particular, we are talking about the following points:

for a child over 15 years old;
during a relative's vacation;
in case of maternity leave or child care period of up to 1.5 years.

If the vacation period ends while the child is ill, then the ballot is issued from the next day.

To summarize the above, several important points should be noted. Every parent, be it mother or father, as well as close relatives and guardians, have the legal right to receive a certificate of incapacity for caring for a minor.

To avoid difficulties and problems when paying compensation, it is necessary to ensure that the BL is drawn up correctly, and initially, to provide only reliable documentation.

In what cases will a certificate of incapacity for work be opened?

A certificate of incapacity for work can be obtained if:

There is a family relationship between the sick person and the insured person.
The child has not reached the age of 15 years. If the mark of one and a half decades has already been passed, then the minor must be treated outside of a hospital, or be disabled.
The parent is not on leave (scheduled, without pay, on maternity leave, etc.).

This is important to know: Barmaid-dispenser in a hospital: job responsibilities

That is, there must be a real need to leave the workplace and care for the sick.