Citizens raising children with disabilities can expect different preferences. Especially many benefits and exemptions are offered at the place of employment. This includes the ability to arrange days for the care of a disabled child. They allow you to take care of the child without loss of salary or length of service. Employers must understand how these days are drawn up correctly, as well as what documents are drawn up for this.
Holidays for parents
If citizens are engaged in the education of a child with disabilities, then they retain the many standard rights. This includes the possibility of arranging annual leave during which they receive vacation pay.
But based on the Federal Law No. 242, such citizens have additional guarantees:
- compulsory annual leave can be issued at any time, regardless of the vacation schedule or the wishes of the employer, if these days of rest will be used to care for a child with disabilities;
- registration of additional days off.
Such guarantees are offered exclusively to parents whose children have not reached the age of majority.
Legislative regulation
The provision of days for the care of a disabled child and other privileges is carried out on the basis of applicable regulations. These include:
- Art. 64 of the Labor Code indicates that employers do not have the right to refuse a woman or man work if they are raising a disabled child on their own;
- Art. 93 of the Labor Code contains information that the parent may ask the employer to establish for him a part-time or week;
- Art. 96 TC prescribes the possibility of attracting such employees to work at night, but only with prior consent from them;
- Art. 259 TC stipulates the possibility of sending a citizen on a business trip or engaging in overtime work only with written consent;
- Art. 291 TC indicates the impossibility of termination of the employment agreement if the company is undergoing a reduction procedure;
- Art. 263 TC says that it is possible to get a vacation at any time without saving a salary, but with maintaining a place in the company, and its duration can reach 14 days, but the child should not be 18 years old yet.
Due to such numerous preferences, parents can take care of their child at almost any time.
What types of vacation can parents expect?
If citizens are engaged in raising a minor child with disabilities, while officially working in a company, then they can count on certain preferences. The main types of days for caring for a disabled child include:
- standard leave offered to each official employee and equal to 28 days for one year;
- leave to care for a child who is not yet 3 years old;
- unpaid leave, the duration of which can reach 14 days;
- extra weekend.
The latter option is considered the second paid vacation, because even if the parent is out of work, he can count on a full salary. The possibility of processing additional paid days for caring for a disabled child is specified in Art. 262 shopping mall. Only one of the baby's parents can issue them. To do this, you must independently write a written statement. Days are paid at a standard rate.
In addition, direct employers may offer parents of children with disabilities additional preferences. They can be expressed in several days of caring for a disabled child, during which parents receive their salary. Such days are prescribed in the collective agreement.
Reasons for the weekend
The need for days to care for a disabled child can arise for various reasons. Most often this is due to the following reasons:
- baby gets sick;
- you need to spend a certain amount of time on rehabilitation procedures;
- the health of the child is deteriorating, therefore, hospitalization is required;
- other reasons related to the life or health of the child.
Often, additional days are drawn up for caring for a disabled child to undergo a medical commission or register a child in a kindergarten and educational institutions. At the same time, parents may not bring to the employer any documents containing information about what exactly the employees were busy during the weekend.
Duration
Months are provided for caring for a disabled child every month until the child is 18 years old.
Each month, parents can count on 4 days off. Parents may not enjoy this benefit, so it is replaced by monetary compensation. 4 days for caring for a disabled child can be issued simultaneously or separately.
Such a benefit is provided to each of the parents, but the days of rest should not overlap, otherwise the payment will be refused. Additionally, these days are shared between parents, so they can only count on 2 days of rest.
What documents are prepared?
Initially, parents must independently confirm that they are raising a child with disabilities. Therefore, to arrange different preferences, they must transfer the following documents to the place of work:
- a conclusion drawn up after a medical and social examination, and this document should contain information that the child was assigned a specific disability group;
- documentation containing information that the baby lives with parents;
- birth certificate of a child, which may be replaced by a certificate of adoption;
- a certificate from the place of work of the second parent containing information on whether he took advantage of this benefit.
Examination will have to take place regularly to confirm the presence of disability in the child. The process depends on which particular disability group takes shape, but usually the procedure is performed once a year.
Any parent, but only one, can exercise the right to a weekend to care for a disabled child. If both citizens submit applications, then this vacation is divided between them, so each of them can count on only two additional days.
Weekend Procedure
PP No. 1048 contains information on how exactly additional weekends are issued by parents involved in raising a disabled child. To do this, the following actions are performed:
- a parent draws up a statement stating information about the need to care for a minor;
- documents are transmitted to the employer confirming that the person is engaged in raising a disabled child;
- the head of the company issues an appropriate order in which additional days off are provided for the employee, and form T-6 is used for this;
- the order is transferred to the employee against signature.
Specific dates are negotiated between the employer and the employee. If the head of the company refuses to fill out these weekend days, then the company is held liable, therefore a fine of 30 to 50 thousand rubles is paid. Additionally, the punishment represented by the suspension of work for up to 3 months may be used, which is due to the content of Art. 5.27 of the Code of Administrative Offenses.
How is the application compiled?
The provision and payment of days for the care of children with disabilities is carried out only on the basis of a special application submitted by the parent to the employer. For this, a unified form approved by the Ministry of Labor Order No. 1055 is used.
The following information must be included in this statement:
- Name of the organization;
- addressee represented by the head of the company;
- The data on the applicant submitted by his F. I. O., the position held and the address of residence;
- the need for additional days to care for a child with a certain disability group is prescribed;
- the date of the application is indicated;
- Signed
- lists the documents attached to the application and acting as confirmation of the legality of the requirements of the employee.
A sample document can be studied below.
Payment for days of care for children with disabilities
These days are paid by the FSS. During the calculation, the average employee earnings in the company are taken into account. Therefore, if a person receives 1.2 thousand rubles per shift, then for 4 days off 4.8 thousand rubles are transferred to him.
FSS employees often refuse to pay funds if requested by part-time workers, since they received money at their main place of work, but such a decision is illegal, since everyone can benefit from benefits at any place of work, which is stipulated by the provisions of Art. 287 shopping mall.
Is personal income tax levied?
It is not levied on payment of days for caring for a disabled child with personal income tax in the usual amount, therefore the employer does not act as a tax agent. This decision is due to the fact that funds for payment are allocated from the Social Insurance Fund, and also act only as compensation, and not as compensation, since the employee is not actually engaged in labor activities.
But at the same time, contributions to various state funds are transferred from the payment of days of caring for children with disabilities.
Can parents be fired?
It is allowed to dismiss parents involved in raising children with disabilities, but with some features:
- when drawing up a fixed-term employment contract;
- in the formation of the agreement of the parties, for which citizens must come to a peaceful solution;
- dismissal is carried out to care for the child, for which the parent independently draws up an appropriate application.
Parents can retire ahead of schedule, but a woman must have 15 years of experience, and a man should be 20 years old.
Unpaid leave
Based on Art. 263 parents of children with disabilities can exercise their right to additional unpaid leave at any time. In this case, the nuances are taken into account:
- such leave may join the core;
- divided into parts;
- allowed to apply immediately 14 days.
Such vacation days are not transferred to the next year. When providing unpaid leave, the following rules are taken into account:
- the duration may not be more than two weeks;
- vacation pay is not paid to citizens;
- the time when you need to go on vacation is determined by the direct employee of the company.
The above requirements and rules apply even to parents working part-time.
The nuances of setting up part-time work
Parents may require the establishment of a part-time week or day to care for a disabled child who is not yet 18 years old.
To use this opportunity, a citizen draws up a free-form statement to which documents for the child are attached. The decision of the head of the company is issued by issuing an order.
Conclusion
Parents involved in raising a disabled child can rely on different types of assistance from the state and the employer. This includes the ability to arrange monthly 4 days of vacation, which are paid.
At the place of employment, they are offered other benefits and preferences. They are usually appointed on a declarative basis.