Sick leave to care for a sick relative in 2022

Who has the right to receive certificates of incapacity for work?

According to Order No. 624n dated June 7, 2011 (clause 34) of the Ministry of Health and Social Development of the Russian Federation, the opportunity to obtain sick leave is provided to parents, guardians, trustees and other relatives of an ill family member if they make independent contributions to the Social Insurance Fund. At the same time, the law provides for the issuance of appropriate benefits not only to Russian citizens, but also to foreigners and stateless persons legally residing in our country.

Regulatory legal acts ambiguously interpret the concept of “family member”. Eg,

in the Family Code of the Russian Federation, these are considered to be spouses, their parents and children (including adopted children),
in the Housing Code - this is the owner himself, his spouse, as well as parents and children, with the possibility of recognizing other disabled dependents,
In the federal law on the minimum wage in the Russian Federation, such persons include not only citizens related by family ties, but also those living together and running a household.

Due to this variation in wording, the key figure in determining the degree of relationship is the doctor who issues the sick leave.

How to take leave to care for a sick relative

In Art. 128 of the Labor Code of the Russian Federation states that leave for a valid reason, for example, family circumstances, can be granted, however, wages are not retained. The duration of the vacation is determined by agreement of the parties.

To apply for leave, an employee must submit a written application. The employer is obliged to provide such leave to the following categories of employees:

Working old-age pensioners (by age) (up to 14 calendar days during the year);
Participants of the Second World War (up to 35 calendar days during the year);
Parents, wives (husbands) of military personnel who died due to wounds, contusions, injuries received during the performance of military service duties, or due to illness associated with military service (up to 14 calendar days during the year);
Employees in cases of the birth of a child, marriage registration, death of close relatives (up to 5 calendar days);
Working disabled people (up to 60 calendar days during the year);
In other cases provided for by the Labor Code of the Russian Federation, federal laws, and collective agreements.

In other words, the employer is not obliged to provide you with such leave. He can only agree to help his employees in a difficult situation.

Read material on the topic: Leisure for older people

The procedure for issuing a certificate of incapacity for work

In the Russian Federation, sick leave is issued on the basis of relevant legislative acts. The basis for the corresponding procedure are Orders numbered 624-n and 347-n of the Ministry of Health and Social Development, which approve the form and forms of the document.

As a rule, sick leave is issued in a clinic where outpatient treatment of the patient is carried out. At the same time, according to Law No. 326 of the Russian Federation “On Compulsory Health Insurance”, insurance policy holders have the right to receive medical care anywhere in our state. At the same time, they have the right to independently choose a medical institution or attending physician.

The issuance of certificates of incapacity for work, in addition to the attending physicians, may in some cases, in agreement with the ministry or local executive authorities, also be carried out by:

dentists, paramedics and other workers with appropriate specialized medical education;
attending physicians at clinics of specialized medical research institutes.

After referring a patient for treatment on an outpatient basis, it is necessary to provide official documents on family ties to this medical institution. These can be an identity card, as well as birth or marriage certificates.

In some cases, it may be necessary to provide additional documents, but in practice there are often cases when a local doctor, who is well acquainted with the patient’s family and based on his interests, issues a sick leave certificate even to a person who is not related to him by blood.

Attention! The right to issue sick leave is granted only to clinics that have a state license.

The above-mentioned Orders also clearly indicate medical structures that do not have the right to issue sick leave. They are, in particular, forensic experts, emergency physicians, and their colleagues from emergency departments of hospitals, health resorts, or disaster medicine centers.

Filling out fields related to the treatment of sick mothers and fathers at home

The procedure for issuing sick leave is provided for by order of the Ministry of Health and Social Insurance of the Russian Federation No. 624n dated June 29, 2011, which also indicates the disability and family connection codes that must be filled out.

Disability code

In the situation of caring for sick parents, code 09 is used (caring for sick family members). In this case, it does not matter whether it concerns the care of a child or a parent.

Relationship code

When assigning a relationship code, who was cared for plays a significant role. The list of codes includes:

mother care - 38;
caring for father - 39.

Other essential fields to fill out

There is another series of codes, which is also indicated when applying for sick leave - the code for the reason for disability (two-digit). The additional (three-digit) code specifies the first one in terms of place and method of treatment.

In addition to these codes, the doctor enters the period for which the sick leave certificate was issued and extended, indicating his data, signature and a special code associated with violation of the patient’s treatment regimen (failure to comply with the prescribed regimen, late appearance for examination). According to the citizen, the details of the organization where he is registered are indicated.

Important! The sick leave certificate must be filled out by a doctor without erasures or corrections. If it is necessary to make changes, a duplicate is created (the form indicates that it is a duplicate).

How can I challenge a refusal to issue a sick leave certificate?

If a citizen is denied a “ballot”, he can call for help from the company that issued the corresponding policy by writing a statement in its name. If the refusal was motivated by medical indications that exclude the presence of a disease, the patient can turn to another physician. His conclusion, along with the results of tests and other examinations, must be submitted to the district clinic at the patient’s place of residence or placement. All this data must be taken into account when rendering a second verdict.

The next stage of appeal, if necessary, is the regional health authorities, which are obliged to consider the complaints received and carefully check all the facts presented in them.

How to get benefits to care for a sick relative

Caring for a sick relative is not an easy task. This kind of work takes a lot of time. Often, caring for a sick relative requires the constant presence of a person next to the patient. That is why people who take on such difficult work are entitled to a certain monetary compensation from the state.

By the way, benefits for caring for a sick relative can be provided both to a person who is a family member and to a stranger. However, there is one condition. This person cannot be officially employed. It is important to note that you can take on the care of more than one elderly person. Benefits for caring for a sick relative are issued through the social protection authorities. The amount is an addition to the elderly person’s pension, which he subsequently transfers to his guardian. To receive benefits, you will need a certificate of caring for a sick relative.

Important aspects:

This benefit is provided to elderly people over 80 years of age;
The benefit is issued by social security from the same month in which the application was received;
The relationship of the person taking care of him is not important;
Caring for a sick relative cannot be provided by a person who is officially employed or works at an employment center. If he gets a job again, then he needs to go to the Pension Fund Office with a work book and a copy of it, submit an application indicating from what period he started working; Payments will stop starting next month.
The average allowance for caring for a sick relative is 1,200 rubles. It should be remembered that the final amount is affected by the difference in odds. That is, the benefit amount varies from city to city;
Such work is considered work experience;
The fact of living with the ward is not important.

What documents are needed:

Passport of the caregiver and ward, copies of the first pages, pages with registration;
Work book, copies of its first and last pages;
Insurance certificates;
A certificate from the employment center confirming that the caregiver is not registered;
Statements from the caregiver and ward.

The pensioner does not have to appear in person, since all documents can be handed over by the person who takes care of the sick relative.

A benefit for caring for a sick relative can be assigned not only to elderly people over 80 years of age, but also to disabled persons.

Benefits for caring for a sick relative who is disabled are received by those who care for:

Disabled children under 18 years of age;
Pensioners who have received a medical certificate that they require care;
Persons of the first disability group.

Benefits for caring for a sick relative who is disabled are issued in the same way as for caring for a pensioner.

As a rule, benefits for caring for a sick relative are granted within ten days. If social authorities refuse payment, they notify the pensioner and the person caring for him within five days. If the answer is negative, social security workers indicate the reason for the refusal.

Such benefits may be terminated for a number of reasons, including:

Death of a ward or a person who took care of a sick relative;
Assignment of unemployment benefits or pension to a guardian;
Expired period of disability;
18 years of age of a disabled child, except in cases where he has 1 disability group;
A parent caring for a disabled child is deprived of parental rights;
Paid work performed by both the caregiver and his ward;
The ward is in any social service institution.

If care for a sick relative is terminated, this fact must be confirmed by a statement from the ward.

If for some reason you cannot arrange care for a sick relative, then the next chapter will be of particular interest to you.

For how long is sick leave provided?

This document is issued for three days, which can be extended for the same period if a medical examination reveals such a need. Outpatient therapy for one disease requires issuing a sick leave certificate for no more than 7 days. The total duration should not exceed one calendar decade. In special cases, the extension of sick leave and, accordingly, the number of days paid to the guardian may increase to one month - such a decision is within the competence of a special commission.

Who besides you can provide care for a sick relative?

Social worker

You can find a social service in any city, even a small one where not many people live. Social workers provide assistance to older people with:

Hygienic care;
Taking medications, following doctor's recommendations;
Carrying out medical procedures;
Purchasing food and medicine at the expense of an elderly person/his relatives;
Cooking;
Feeding;
Hygienic cleaning, ventilation of the room;
Washing, ironing;

Advantages and disadvantages of social worker services:

Government assistance is provided free of charge;
The social worker has a diploma in medical education and can provide first aid in a critical situation;
Assistance is provided both one-time and around the clock;

To use the service, you must submit an application to the social service center, which will be reviewed by a special commission. A social worker is provided only to those elderly people who have an appropriate medical certificate. By the way, paperwork will take a lot of time;
Not all categories of senior citizens are entitled to receive such assistance;
If an elderly person belongs to the category of people who are entitled to social assistance, then it will be provided only if the pensioner’s close relatives have a disability, are sick, or live far from the patient.

Nurse

She is a qualified nurse who has undergone special training and knows how to care for the elderly. Caring for a sick relative at home is not an easy task, so many people hire a caregiver who is willing to help with this. A good assistant is patient, hardworking, has a sense of humor, and is sincere. Of course, finding a caregiver who has all these qualities is not so easy.

A nurse can be visiting, that is, come for a while, or live-in, that is, receive a fixed salary for her work.

Advantages and disadvantages of nursing services:

The client pays only for the required number of hours;
The nurse comes to your home, which means that the patient does not need to move anywhere. This is the main advantage, because most retirees do not like major changes, especially a change of place of residence;

The presence of a stranger in the house causes discomfort;
Sometimes the nurse cannot find a common language with the patient;
You need to choose an assistant you can trust. You must be sure that she is honest and conscientious. The fact is that the nurse will take care of a sick relative and constantly be with him. And it is extremely difficult to control its work, especially if an elderly person cannot speak. We recommend using the services of a specialized agency when choosing a nurse. Determining the person who will care for a sick relative must be especially careful and careful.

How is sick leave calculated?

Benefits at the place of work of a relative (guardian) can be accrued only after a sick leave certificate has been issued.

When paying, in addition to the duration of sick leave, two components are taken into account:

employee's work experience;
average daily earnings.

In this case, the employee’s labor income for two years for which insurance contributions were calculated is taken into account, but also taking into account the minimum and maximum amount of income. These restrictions are established by the Law “On Compulsory Social Insurance in Case of Temporary Disability” No. 255-FZ of December 29, 2006.

The same regulatory act establishes the percentage of the daily benefit based on the insurance period. If the latter does not exceed 5 years, this figure is 60% of the standard value, from 5 to 8 years - 80%, and if the insurance period is more than 8 years, the payment is made in full in an amount equal to the average salary of the employee. If his length of service is less than six months, the employee is paid a maximum of one all-Russian minimum wage.

NOTE! The calculation is carried out by the company's accountant - ten days are allocated for this after the sick leave is granted, and the payment is made in his next salary.

How payments have changed for employed parents

From July 1, 2022, one-time payments for registration in the early stages of pregnancy will be cancelled. Instead, a monthly allowance is being introduced for low-income Russian women who register before 12 weeks of pregnancy. The benefit amount will be 50% of the subsistence minimum for the working population established in the region.

And from September 1, 2022, 100% payment for sick leave for caring for a child under 7 years of age will be introduced. The length of work and conditions of treatment of the child do not affect the payment of such sick leave.