Days off to care for a disabled child. How do I pay for additional days off to care for children with disabilities? How to make a payment, what documents are needed

The employer must provide an employee who is a parent (guardian, trustee (hereinafter referred to as the parent)), additional days off to care for a disabled child (Article 262 of the Labor Code of the Russian Federation). To do this, the accountant must request from an employee who has such a child a number of papers. Some of them are mandatory - they will be needed in any case. Others may or may not be required, depending on the specific situation.

The accountant must draw up some documents himself, and some (in particular, a statement required from the employee himself) will help the employee draw up correctly. We'll talk about paperwork.

Mandatory package of documents to be received from the employee

At least three documents must be obtained from the employee:

- written statement in any form on providing him with additional days off, indicating the dates;

- document confirming the relationship of the employee with the child, - birth certificate of the child (for a parent) or a document confirming guardianship or guardianship, - decision of the guardianship and guardianship authority on the appointment of a guardian (for the guardian of a child under the age of 14) or a guardian (for the guardian of a child aged 14 to 18 years ). You may already have one if, for example, you provide your employee with a standard personal income tax deduction for a child;

- a certificate from the social security authority at the place of residence of the child, confirming the disability of the child, indicating that he is not contained in a specialized children's institution on full state support. The employee must bring this certificate annually. This one-year period is calculated from the moment when he brought you the previous certificate.

Additional package of documents to be received from the employee

In addition to the above three documents, the employee may be required to provide additional documents related to the second parent of the child. The set of these documents depends on whether the child has one, whether he works under an employment contract, and on other circumstances.

If the other parent is an employee

If the second parent also works under an employment contract, then he also has the right to receive additional days off at the place of work. But so that it does not turn out that the weekend is fully provided to both parents (which will lead to budget overruns), you need to request a certificate from the work of the second parent from the employee. It should indicate that at the time your employee applied for a day off to care for a disabled child, the other parent did not use such days off in the same month at their place of work (or used them partially).

Your employee must provide a certificate from the place of work of the second parent every time you apply for additional holidays. Otherwise, this certificate simply will not fulfill its intended purpose - to confirm that at the time the first parent applied for the weekend, the second parent did not use this benefit at work. But if the second parent is on a long business trip for more than a month, then such a certificate is not required. However, in confirmation of the fact that the second parent of the child is on a long business trip, stock up on a copy of the order from his place of work to send him on a business trip, indicating its timing.

If both parents work in the same organization, then it is absurd to require any certificates from the second parent. When checking the FSS, it will be quite enough to provide the inspectors with a document confirming the fact that the second parent works in your company (employment order, work book), as well as a time sheet, from which it can be seen that this employee did not use additional days off in the corresponding month .

If the other parent is self-employed

If the second parent of the child, for example, is an entrepreneur, then he does not have the right to paid holidays. So, your employee can apply for all 4 days off. In this case, the second parent will need a document confirming that he independently provides himself with work and does not apply to persons working under an employment contract. Such documents include, in particular:

(or) an extract from the USRIP or a certificate of state registration of an individual entrepreneur, if the second parent is an individual entrepreneur;

(or) an extract from the lawyers' register, if the other parent is a lawyer;

(or) an extract from the register of notaries, if the other parent is a notary.

At the same time, Fund officials require that such a document be submitted each time an employee applies for additional paid days off. And this is logical, because at any moment the second parent can stop his activity as an entrepreneur, lawyer, etc. This means that the document previously submitted by him will no longer correspond to reality.

If the other parent does not work anywhere

In this case, request a document confirming that the second parent is not in an employment relationship with anyone. If he used to work somewhere, then in this case ask for his work book. The absence of an up-to-date employment record confirms the fact that he does not work anywhere.

If the second parent is registered with the employment agency as unemployed, then a certificate from the employment agency can also serve as a supporting document.

The frequency of submission of a document confirming the lack of work of the second parent - with each application.

If the second parent does not care for the child (actually absent)

In such cases, depending on the specific situation, demand from the employee who asked you for a day off:

(if) the second parent is deprived of parental rights - a document on the deprivation of his parental rights;

(if) the other parent is serving a sentence in places of deprivation of liberty - a copy of the verdict;

(if) your employee is divorced from the other parent - certificate of divorce.

By the way, does a parent who is divorced from the other parent of a child need to confirm that it is he who is raising this child? And does the FSS require any document confirming this? For clarification, we contacted the FSS.

Ilyukhina Tatyana Mitrofanovna, Head of the Department of Legal Support for Insurance in Case of Temporary Disability and Maternity of the Department for Legal Support of the Social Insurance Fund of the Russian Federation

“The current legislation does not provide for the obligation of the employer to demand from an employee who has a disabled child and is divorced from the second parent of the child, a document confirming that it is his employee who is raising this child.

Therefore, the FSS does not conduct an audit in this part and does not require any additional documents.

The frequency of submission of a document confirming the actual absence of the second parent has not been established. Obviously, it is necessary to proceed from a specific situation. So, for example, if the second parent is deprived of parental rights, then, obviously, it is enough for the first parent to submit a document at the place of work on the deprivation of the second parent of parental rights once.

In practice, the question also arises whether it is possible to provide 4 days off to your employee who independently raises a disabled child, although he is not officially divorced and cannot provide a certificate from the other parent's place of work on his non-use of days off due to the unknown location. By law, you can't. Therefore, the only thing that such an employee can do to receive days off without the mentioned certificate is to get a divorce.

If there is no other parent

The following situations are also possible:

(or) the other parent is deceased, declared dead or missing.

In this case, ask the employee for a document confirming this fact: a death certificate, a court decision declaring him dead or missing;

(or) the paternity of the child is not legally established, i.e. the mother of the child - your employee is a single mother.

In this case, the child's birth certificate will not have an entry about the father (there will be a dash in the column "father") or this entry will be made at the direction of the mother.

If there is a dash in the child's birth certificate in the "father" column, then it will immediately be clear that your employee is a single mother and you do not need to ask her for any additional documents to confirm this fact.

But if there is a record about the father, but, according to the employee, it was made from her words, then ask her to provide a copy of the birth certificate from the registry office containing information on the grounds for making a record about the father of the child, in form N 25.

A document confirming the absence of the second parent, your employee must bring only once.

Advice

From the original documents that the employee presents to you, but does not leave, you need to make copies and keep them in the employee's personal file.

We take a statement from the employee or give him a certificate of the weekend

You can take from an employee:

(or) one general application for all holidays granted to the employee in the relevant month;

(or) self-application for each weekend.

Please note that if an employee submits one application for several days off, then it will be enough for him to attach a certificate from the work of the other parent stating that he did not use the weekend at his place of work or used it partially, only once a month. But if the employee then changes his mind and asks for other days, then you will have to redo the order.

If he takes one day at a time (that is, write a separate application for each day), then he will have to attach the mentioned certificate from the place of work of the second parent to each application (except, of course, in cases where such a certificate is not required).

An employee can take days off on the same days of the month as the other parent if they share the days off.

Explain to the worker

If your employee did not use the weekend in any month (for example, due to vacation or illness), then they are not transferred to the next month. That is, simply put, the weekend in such a situation will be lost. Therefore, we can advise him that the second parent takes all the weekends this month at his place of work.

An application for additional days off can be issued, for example, as follows.

General Director of LLC "Brigantina"

V.B. Orlov

from the economist of the financial department

Baitina M.L.

Statement

I ask you to grant me 4 additional days off to care for a disabled child on September 20 - 23, 2010.

A certificate from the place of work of the second parent stating that he did not use such days off at his place of work in September 2010 is attached.

Baytina M.L. ---------

To simplify the workflow, make a sample of such a statement so that the employee can simply enter the necessary specifics into it.

Nowhere is it said how many days before the onset of days off an application for their provision must be submitted. Therefore, the employee can submit it the day before.

If you have the opposite situation, that is, your employee applied for a certificate stating that he did not use extra days off, then this certificate can be drawn up as follows (preferably on letterhead).

Reference

dated 09/16/2010 For submission to Karavella LLC

This certificate is issued to confirm that the economist of the financial department of Brigantina LLC Baytina Marina Leonidovna, as of September 16, 2010, did not use additional days off to care for a disabled child in September 2010.

LLC "Brigantina" --------- LLC S.D. Korableva

Issuing a holiday order

Like the employee's statement, the order can be issued:

(or) to provide all days off for the month at once (according to the general application - for all days off);

(or) for each individual day off (both on a general application and on an application for each individual day).

The order is issued in an arbitrary form, for example like this.

Limited Liability Company "Brigantina"

Order N 56-k

17.09.2010

Moscow city

About providing additional days off for caring for a disabled child

On the basis of a written statement by the economist of the financial department of Brigantina LLC Baytina Marina Leonidovna and guided by Art. 262 of the Labor Code of the Russian Federation

I order:

1. Provide Baitina Marina Leonidovna, economist of the financial department, 4 additional days off on September 20 - 23, 2010 to care for a disabled child Baitina Irina Mikhailovna.

2. Pay for the specified days off in the amount of the average earnings of Baytina Marina Leonidovna in accordance with the current legislation.

Base:

statement by Baitina M.L.;

birth certificate of the child - Baitina Irina Mikhailovna;

certificate from the social security authority;

certificate from the place of work of the other parent on the non-use of additional days off to care for a disabled child dated September 14, 2010

General Director Korableva Print

It may happen that an employee who has issued an additional holiday falls ill after submitting an application and issuing an order to grant him a day off. In this case, two scenarios are possible:

(or) the employee will still have the opportunity to take a holiday in the relevant month after the end of the illness. Then he will have to submit a new application indicating other days and again submit a certificate from the place of work of the second parent stating that he did not use the days off on the date of the new application;

(or) the weekend will simply disappear - if the employee's illness lasts until the end of the month (and the other parent does not take this weekend at work).

If an employee is applying for additional days off or other benefits for the first time as a parent of a disabled child, do not forget to make a note that he is the parent of such a child on the personal card in form N T-2 in section. 9 "Social benefits to which the employee is entitled in accordance with the law." As a document on the basis of which the benefit is granted, you must specify a certificate from the social security authority.

And do not forget to reflect the provision of additional days off to the employee in the time sheet in the unified form N T-12 or N T-13<18>. During these days, the letter code "OB" or the numeric code "27" must be entered in the report card.

After that, you can, with a clear conscience, pay such days to the employee.

Parents, guardians or other able-bodied persons who do not work and take care of a child with a disability or a disabled person of group 1 from childhood are assigned a monthly care allowance, which is designed to compensate for the loss of earnings due to the child's health. In addition to the payment itself, the Pension Fund accrues pension points for the period of care and counts this time into the length of service, which is taken into account upon retirement.

Caring for a child with a disability or disabled since childhood, group 1

To take care of a child with a disability or a person with a disability from childhood of group 1 can both relative and outsider. This may be a parent, adoptive parent, guardian, relative or a person who is not related to him (with the consent of relatives or guardian). The caregiver is provided with the following types of social support:

Benefit for caring for a disabled child

Citizens can receive a monthly payment, actual carers for a child with a disability.

• It does not matter if there is a relationship between the child and the caregiver. It can be either a father, mother, guardian or trustee, or another person.
• The caregiver must be working age, that is, pensioners cannot issue such a payment.
• In addition, this citizen must be idle, but also not receive unemployment benefits from the employment service.
• The caregiver and the disabled child can live together or separately- the law does not provide for restrictions (the main thing is that on the territory of the Russian Federation).

The appointment and payment of care allowance is carried out by the Pension Fund of the Russian Federation. The monthly payment comes along with the pension assigned to the disabled person, that is, it is actually paid in his name.

The amount of the allowance for the care of a disabled child in 2020

The amount of the allowance is established in Decree of the President of the Russian Federation No. 175 of February 26, 2013. "On monthly payments to persons caring for children with disabilities and people with disabilities from childhood of group I". In 2020 it is:

Attention

For people living in areas with special climatic conditions, the amount of payment is multiplied by increasing district coefficients. For example, in the Chukotka Autonomous Okrug, this payment is doubled and amounts to 20 thousand rubles.

Unfortunately, the established amounts are not so large as to really serve as full compensation for lost earnings. In addition, they do not provide for annual indexation - that is, from year to year, the amounts paid do not change depending on price increases (they do not increase).

Benefit paid for every child with a disability who is being cared for (it is possible to arrange care for several citizens at once).

Photo pixabay.com

Benefit increase

On February 20, 2019, V. Putin delivered an Address to the Federal Assembly. During this ceremony, the President proposed to increase the amount of the allowance for the care of a disabled child and disabled from childhood to 1 gr. from 5.5 thousand to 10 thousand rubles.

How to make a payment, what documents are needed

The conditions for assigning monthly payments to persons caring for disabled children (under 18 years of age) or a disabled person of group I since childhood were approved by Decree of the Government of the Russian Federation No. 397 of 02.05.2013. Payment can be made and received only for the period of actual care for a disabled child or disabled since childhood of the 1st group. The allowance is transferred only together with the social disability pension (that is, it can be issued only if the child already receives a pension).

You should apply for benefits at the branch of the Pension Fund of the Russian Federation (PFR) at the place of residence, providing the following set of documents:

• statements from an able-bodied citizen, a legal representative of a disabled child or disabled since childhood:
  • on the purpose of the allowance, which indicates the address of the place of residence and the date of commencement of care;
  • from a parent/guardian of a child with a disability with the consent that this person will take care of their child/ward (in cases where an outside person will be caring for them);
  • from a disabled person of the 1st group since childhood on consent to care from a specific person (for relevant cases);
• applicant's personal documents child care provider:
  • passport and SNILS;
  • the applicant's work book;
  • a certificate from the employment service that the applicant is not receiving unemployment benefits;
  • a certificate from the Pension Fund stating that the applicant was not granted a pension;

  The last 2 documents can be obtained by the Pension Fund independently through the channels of interdepartmental interaction.

• documents for the child:
  • birth certificate of a disabled child or identity card of a disabled person of the 1st group;
  • an extract from the ITU conclusion on disability (can also be requested by the Pension Fund independently);
• bank account details(or passbook, plastic card) for a monthly transfer of money.

Attention

Some of these documents do not need to be provided if they are already in the pension file of a disabled child or a person with a disability of group 1 since childhood.

Certificate of non-receipt of unemployment benefits from the employment service (SZN, ZZN) must be provided in order to exclude the receipt by a citizen of two social payments at the same time, since the allowance for caring for a disabled child is not paid simultaneously with the allowance for the unemployed from the labor exchange. The same rule applies to pensions.

Terms of appointment and payment

The PFR employees are given 10 days to review the documents. In some cases, when additional verification of documents is required, this period may be extended up to 30 days. After the decision is made, the applicant is sent a notification that he has been assigned a monthly payment or that it was denied for established reasons.

The allowance is assigned from the first day of the month in which the call occurred, but:

• not earlier than the applicant began to care for a disabled child (group 1 disabled since childhood);
• not before the disabled person began to receive a social pension.

Benefits will be terminated in the following cases:

• upon termination of care for a child (for any reason, including in the event of death);
• after the caregiver returns to work, receives a pension or unemployment benefit;
• when a disabled child reaches the age of 18, if after that he was not assigned 1 adult disability group, or after the expiration of the established group;
• if the child's disability pension is terminated.

Attention

The recipient must independently report any of these facts to the FIU within 5 days. Otherwise, all excessively accrued amounts of payments are subject to return to the FIU as unreasonable. In addition, the Pension Fund may require the return of the overpayment and in court.

Caring for a disabled child is included in the seniority

The period of caring for a disabled child, disabled since childhood of the 1st group is taken into account when assigning a pension. The legislation provides that a person caring for a child with a disability or a disabled person of group 1, along with a monthly payment, receives additional insurance experience and pension points.

Recently, Dmitry Medvedev signed Decree of the Government of the Russian Federation of October 13, 2014 N 1048 "On the procedure for providing additional paid days off for caring for disabled children" (hereinafter - Decree No. 1048), which establishes additional rules and clarifies certain issues of providing additional days off for those workers who have children with disabilities. This Regulation entered into force on October 24, 2014 and supplemented Article 262 of the Labor Code of the Russian Federation.

Prior to the introduction of Decree No. 1048, Article 262 of the Labor Code of the Russian Federation determined only that one of the parents (custodians, guardians) to care for disabled children is provided with four paid additional days off per month based on their written application.

Decree No. 1048 approved the expansion of the list of documents that an employee must provide to an employer in order to receive additional leave to care for a disabled child and reflect this fact in personnel office work and making corresponding calculations. Now employees must provide the following documents:

• a certificate confirming the fact of establishing disability, issued by the Bureau of Medical and Social Expertise;
• documents confirming the place of residence of a disabled child (provided once);
• birth certificate of a child or a document confirming the establishment of guardianship, guardianship of a disabled child (provided once);
• a certificate from the place of work of the other parent that he was not provided with additional days off this month (provided with each request).

At the same time, the need to submit an application will also remain. The frequency of filing such an application (monthly, once a quarter, once a year, as requested, etc.) is determined by the parent (guardian, trustee) in agreement with the employer, which depends on the need for the employee to use additional paid days off.

Also, in accordance with Decree No. 1048, when granting additional days off, the following is taken into account:

• additional days off are not provided during the period of the next paid vacation, leave without pay, leave to care for a child until he reaches the age of 3 years;
• if there is more than one disabled child in the family, the number of days off does not increase;
• unused additional paid days off are not transferred to another month;
• payment for each additional day off is made in the amount of average earnings.

We will also provide information on what other guarantees for parents of disabled children are provided for by the Labor Code of the Russian Federation, which should be taken into account when HR administration if your organization has employees with disabled children.

Article 93 of the Labor Code of the Russian Federation

At the request of one of the parents (guardians, custodians) who has a disabled child under the age of eighteen years, the employer is obliged to establish part-time work or part-time work week.

Article 96 of the Labor Code of the Russian Federation

Employees with disabled children may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. However, they must be informed in writing of their right to refuse to work at night.

Article 259 of the Labor Code of the Russian Federation

Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of employees with disabled children is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical report.

Article 261 of the Labor Code of the Russian Federation

Termination of an employment contract with a single mother raising a disabled child under the age of 18 at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5-8, 10 or 11 of the first part of Article 81 or paragraph 2 article 336 of the Labor Code of the Russian Federation).

Article 263 of the Labor Code of the Russian Federation

Employees raising a disabled child under the age of 18 may be provided by a collective agreement with additional annual leave without pay at a convenient time for them up to 14 calendar days.

We would like to note that our HR record keeping services include the whole complex of personnel work on registration of all types of holidays. Employers often make mistakes when granting vacations, violating labor laws. The most common mistakes when granting vacations are:

• failure to provide leave to certain categories of employees at a convenient time for them;
• the employee was notified of the start time of the vacation less than two weeks in advance;
• failure to grant vacation for two consecutive years;
• lack of a vacation schedule or its approval less than 2 weeks before the start of the next calendar year;
• vacation pay is not paid in a timely manner;
• instead of the required additional paid (study) leaves, employees who combine work with study are provided with unpaid leaves;
• and other violations.

When preparing personnel documentation for vacations, there are a lot of points that are important not to miss. The presence of correctly and timely drawn up personnel documents, in particular on vacations, is mutually beneficial for both parties employment contract . If the employer has a vacation schedule, with planned and agreed dates, where the wishes of employees will be taken into account, vacation pay will be paid on time, then the employees will reciprocate. In addition, correct HR administration reduces the risk of labor disputes with employees and the risk of liability for violation of labor laws.

Recently, more and more attention has been paid to compliance with labor laws by employers. Maintaining personnel records - a charming direction for any company. We offer HR record keeping services , which will help you optimize the management of this board in your company, as well as have a reliable rear and professional assistance in this direction.

Additional days off for parents of children with disabilities

Some categories of employees, in addition to general days off, are entitled to additional days off. Are parents of disabled children entitled to extra days off and how can they be obtained? These and other questions are answered by the Deputy Head of the Department for Assignment and Implementation of Insurance Payments to Insured Citizens Anna Kurkova.

Anna Sergeevna, tell us who has the right to provide additional days off to care for a disabled child?

An employee who is the parent, guardian or caregiver of a disabled child(ren) under the age of 18 is entitled to four additional paid days off during each calendar month.

Moreover, both one and both parents can use the weekend, but within the total number of additional days off per month. For example, if in October the mother of a disabled child received one additional day off, then the father has the right to only three days during this month.

-- How to arrange additional days off to care for a disabled child?

Additional days off are provided to an employee who has a disabled child, only upon his application.

The application form for additional paid days off was approved by Order of the Ministry of Labor of Russia dated December 19, 2014 N 1055n.

The employee determines the frequency of filing an application in agreement with the employer, depending on the need to use the specified days off (monthly, once a quarter, once a year, as needed, etc.).

What documents confirm the employee's right to additional days off to care for disabled children?

To confirm the right to use additional days off to care for children with disabilities, the employee must submit the following documents:

1. A copy of the child's disability certificate. It is provided in accordance with the terms of the establishment of disability. Thus, the category "disabled child" can be set for 1 year, 2 years, 5 years, or until the disabled person reaches 18 years of age. Therefore, in the latter option, you need to take such a certificate from the employee once.

2. Document confirming the place of residence(stay or actual residence) disabled child. You can confirm the place of residence of a disabled child, for example, with a certificate issued by the management company, an extract from the house book, a certificate of registration at the place of residence, and his place of residence - with a certificate of registration at the place of residence.

A document confirming the place of residence (stay or actual residence) of a disabled child, the employee must submit only once.

The rules do not require parent and child to live together, so the child's address may not be the same as the parent's address.

3. Birth (adoption) certificate of a child, a document confirming the establishment of guardianship, custody of a disabled child, or copies of these documents.

A document confirming the establishment of guardianship and guardianship may be an agreement on the implementation of guardianship or guardianship or an act of the guardianship and guardianship body on the appointment of a guardian or trustee.

The fact of adoption (adoption) may be confirmed by a relevant court decision that has entered into force, or a certificate of adoption (adoption). The employee submits these documents to the employer once.

4. Certificate from the other parent's place of work(guardian, custodian, other person raising a child without a mother).

The employee must submit a certificate stating that at the time of the application the other parent (guardian, custodian, other person raising children without a mother) did not use or partially used additional paid days off in this calendar month, or a certificate stating that he did not receive statements for the provision of specified days.

The provision of such a certificate is necessary due to the fact that additional days off are provided only to one of the parents (guardian, custodian, other person raising children without a mother).

The employee is obliged to submit the named certificate each time he applies for a holiday.

This certificate is not required if:

There is documentary evidence of the death of the other parent (guardian, trustee);

Recognizing him as missing;

Deprivation or restriction of his parental rights;

Deprivation of liberty;

Staying on a business trip for more than one calendar month or other circumstances indicating that the other parent (guardian, custodian) cannot take care of a disabled child, and also if one of the parents (guardians, custodians) avoids raising a child - disabled person.

What documents, instead of a certificate from the other parent's place of work, should be provided to receive additional days off to care for a disabled child if the other parent does not work or provides himself with a job?

In this case, the employee, each time applying for additional days off, must submit documents (copies thereof) confirming that the other parent does not work or independently provides himself with work.

A document confirming that the second parent is not in an employment relationship may be his work book, if it does not contain an up-to-date employment record.

If the second parent is registered as unemployed, then the relevant certificate issued by the employment service may be a supporting document.

Self-employed persons include, in particular, individual entrepreneurs, lawyers, private notaries. For example, a certificate of state registration of an individual as an individual entrepreneur can serve as a document confirming entrepreneurial activity.

The status of a lawyer can be confirmed by an appropriate certificate.

- In what cases are additional days off for the care of children with disabilities not provided?

Additional days off are not provided in the following cases:

1. If an employee asks for unused days off for the past calendar month. Additional holidays not used in a calendar month are not transferred to another calendar month.

2. If an employee asks for additional days off during the next annual paid leave, leave without pay, leave to care for a child under the age of three. At the same time, the other parent (guardian, guardian, other person raising a child without a mother) retains the right to four additional paid days off.

I also want to note that if the employer provided the employee with additional days off during the specified periods, the employer may be denied reimbursement of expenses for their payment.

In the event of circumstances leading to the loss of the right to use additional paid days, the employee is obliged to notify the employer about this.

If the fact of providing additional days off to an employee who did not have the right to do so is discovered, the employer may be denied reimbursement of expenses for their payment, including if he did not know or could not know about these circumstances.

-- Thanks for the clarification.

Sevastopol territorial branch

Social Security Fund

What if an employee's child has a disability? Remember about extra weekends and vacations!

From the article you will learn:

Children with disabilities need special care. Additional days off and the opportunity to take a vacation at any convenient time are social protection measures provided by Russian law to parents, guardians and caregivers of such children. They get the opportunity to devote their free time to a child with a high need for daily care and quality medical care. Employer with employees who have children disabled people, must ensure the practical implementation of the guarantees enshrined in law.

Leave to care for a disabled child without pay

According to Art. 263 of the Labor Code of the Russian Federation, an employee can receive additional unpaid leave to care for a disabled person (a child under the age of 18) at any convenient time. But only if there is an appropriate condition in the collective agreement. If there is no such clause in the contract or the employer decided not to conclude collective agreement with personnel, refusal to provide the target holidays at own expense to care for a child with a disability is not regarded as a violation of labor law.

Download related documents:

If both the mother and the father of a disabled child work in an organization that provides this type of leave, both parents have the right to apply for it.

The total duration of the vacation period is 14 calendar days. An employee is not required to use all days at one time. Unpaid targeted leave for a parent of a child with a disability in 2017 is allowed to be divided into parts of any duration (up to one day), and also added to annual paid leave. If the employee wants to use it in full, this should be done within one working year, since the transfer of unused days to the next year is not allowed.

Important: most often, the responsibilities associated with caring for children are assigned to biological or adoptive parents, and they, as a rule, apply for benefits. But if his guardian or custodian applies for targeted leave to care for a child with a disability in 2017, the procedure will be similar.

Extraordinary paid leave for parents of children with disabilities

Another social guarantee, enshrined in Article 262.1 of the Labor Code of the Russian Federation, applies to employees of any organization - regardless of the terms of the collective agreement and its existence in principle. We are talking about the right to take annual paid leave at a convenient time for the employee, even if the chosen date does not coincide with that specified in chart. This provision appeared in the Labor Code not so long ago - in 2015. But now, thanks to federal law No. 242-FZ of July 13, 2015, not a single employer is allowed to refuse parents of disabled children who want to take vacation “out of schedule”.

Documents required for vacation

To confirm the right to preferential leave, it is necessary to present documents of a medical and social examination (ITU), confirming the establishment of a child with a disability. A certificate of birth or adoption is attached to the conclusion of the ITU. If copies of documents are already in the employee's personal file, they do not need to be presented each time. You will also need an application for granting leave "at their own expense" guaranteed by the collective agreement, or about leaving for the next paid vacation contrary to the schedule. The application is made in free form and contains:

• start date and duration of the intended vacation;
• the grounds on which it is granted;
• applicant's data (full name, position, personnel number, name of the structural unit);
• list of attached documents - certificates, copies, extracts.

Important: since Article 262.1 of the Labor Code of the Russian Federation refers to the order in which leave is granted only to “one of the parents, guardian, trustee, foster parent”, a certificate from the place of work of the second parent (guardian) must be attached to the application, confirming that he did not use this guarantee in the current year.

Additional days off for the care of children with disabilities

In addition to the right to a convenient vacation time, parents of disabled children in 2017 are given the opportunity to take four additional days off every month (Article 262 of the Labor Code of the Russian Federation). They can distribute the weekend as they see fit. All four days can be used by one of the parents (guardians, trustees), while the second one works as usual. But it is also allowed to divide the weekend - equally (two for each) or in any other ratio. The choice of the scheme remains with the employees, while the legislative norm is unchanged - four days a month, regardless of the number of people who have used this right.

Important: even if there are two or more disabled children under the age of 18 in the family, the number of days off provided does not increase.

Additional holidays are paid in the amount average earnings(expenses are reimbursed at the request of the employer from the funds of the FSS of Russia in accordance with Part 17 of Article 37 of Federal Law No. 213-FZ of July 24, 2009). The rules for their provision, execution and payment are detailed in the Decree of the Government of the Russian Federation No. 1048 of 10/13/2014. It is clearly stated that only employees are entitled to this right. Persons who provide themselves with work on their own - heads and members of farms, individual entrepreneurs, private lawyers and notaries, and so on - are deprived of it.

External part-timers have the same rights as all other employees. Therefore, if external part-time worker takes additional days off to care for a disabled child at his main job, employers in other places of employment are obliged to provide him with days off on the same dates. But they are paid only for one of the places of work, as required by the logic of the law and the explanation of the FSS of Russia. Moreover, the part-time worker himself chooses where he will receive payment for the used days off.

We provide additional days off: detailed instructions

There is no point in denying that parents of children with disabilities need additional days off and parental leave: a disabled person must be accompanied to medical procedures, provided with full-fledged rehabilitation and education. But not everything is so simple - as in the case of an extraordinary vacation, you first need to provide the employer with documents confirming the disability, age and place of residence of the child:

• a certificate issued by the Bureau of Medical and Social Expertise;
• certificate of birth (adoption) of a child or documents on the establishment of guardianship or guardianship;
• passport or other document with information about the place of registration of the child.

Certificates are updated in accordance with the timing of the establishment of disability (sometimes once, but more often once every two years or five years, depending on the diagnosis made by the members of the medical board). In addition, each time, turning to the employer with a request for additional days off, the employee writes a corresponding application. A certificate from the place of work of the second parent is attached to it stating that in the current calendar month he did not use (or used only partially) the required additional days off.

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Let's say the employer routinely gave an employee extra days off, but the employee couldn't use them because he was ill. Can unused days be carried over to the next month? No, since it is expressly prohibited by clause 9 of the Rules. If the employee recovers and returns to work before the end of the month, confirming the fact of the illness with a correctly issued sick leave, he can use the weekend in the period remaining before the end of the month. All you have to do is apply:

The presence in the labor legislation of separate provisions on benefits for parents of children with disabilities once again confirms the importance of social protection for such families. Many employers, not limited to the minimum prescribed in labor legislation, are expanding the package of guarantees provided to employees with family obligations. This can be done by concluding collective agreement or the development of provisions on material and social assistance, fixing additional payments, vacations and other types of benefits for certain categories of workers with local norms.