Can I get sick relatives to care for a sick relative? Is it myth or reality? As a rule, people take the opportunity to receive sick leave only in those cases when they become ill themselves. In addition, in the vast majority of cases, moms receive a sick leave when their children fall ill. In our article, we will talk about how to get sick leave to care for a sick relative (adult or child).
Legislative framework
Where did the information that the sick leave can be obtained not only when he or the children fell ill? Naturally, from the legislative acts of Russia, which establish many aspects of the legal relationship under consideration that arise when a person is incapacitated.
One of such legislative acts is the Law of the Russian Federation “On Compulsory Social Insurance”. It describes all the cases when a person can take sick leave, for how long he is issued, whether such sick leave is paid, as well as for the care of which persons he can be issued.
It follows from the specified normative act that the sick relative for caring for a sick relative is issued in several cases.
Care for sick children up to 15 years
In total, there are 6 situations in which a medical institution will issue a sick relative to care for a sick relative. Moreover, of the six such situations, the law refers five cases to the issue of sick leave for child care and only one to adults.
It should be noted right away that the cases described below relate to paid sick leave. So, medical organizations and their employees must be issued a sick leave, which is subsequently paid by the employer if:
- A citizen takes care of a minor child who is not yet seven years old. Moreover, in total per year, the duration of such leave (paid) cannot exceed two months. A person who has been on sick leave on this basis for more than 60 days cannot be dismissed, because he has a good reason, but on the other hand, he will not be paid for more than two months.
- A citizen is caring for a sick minor child who is not yet 15 years old, but already more than 7 years old. Here the situation is a little different. A sick relative’s sick leave will be paid for only fifteen days, but if he leaves for the same sick leave the same year, he will also be paid for only fifteen days. The total amount of days on sick leave for a year should not be more than forty-five days.
In both of these cases, the treatment of a sick child can be carried out both in a hospital and at home, that is, on an outpatient basis, with a visit to a medical institution.
Other childcare
The following three reasons for getting paid sick leave are related to the so-called more complex cases of children's illnesses.
- When a child is disabled from birth or disability is acquired after birth, the relative who is caring for him has the right to a sick leave. At the same time, treatment, as well as in the above situations, can occur both directly in a medical institution (hospital), and at home with a visit to the hospital. The time for which such sick leave to care for a sick relative in a hospital or on an outpatient basis will be paid should be no more than four months.
- If the child is ill with cancer, including malignant blood diseases, then his relative, who has received sick leave, will be entitled to pay the entire time of treatment. In this case, it does not matter where the treatment takes place - in the hospital or at home. All the time that a relative spent on care will and should be paid by the employer.
- If the child is sick with HIV, then the carer of the native person is also entitled to receive payment from the employer during such care. The only thing that distinguishes this case from the ones considered above is that care will be paid only if the treatment took place in a hospital. During outpatient treatment, unfortunately, such sick leave will not be paid.
Sick Relative Hospital - Adult
The last remaining case, which is provided for by the law on social insurance, and in which a person can go on sick leave to care for a loved one, is an adult's illness. Indeed, the law provides that you can not only look after children.
So, a sick leave certificate for the care of a sick relative, a sample of which can be seen below, can be obtained by relatives of a sick adult. At the same time, it is legally established that payment for such a disability certificate will be made only in seven days.
Mentioned sick leaves can be taken several per year, but will be paid only thirty days. There is also a condition - the treatment of a sick adult should take place at home. This is understandable - in a hospital, medical workers should look after the patient.
Who can claim sick leave to care for a loved one
So, having considered cases of providing sick leave, the reader needs to decide who has the right to receive it. As already mentioned, mothers often get it when their child falls ill, occasionally - fathers, and even less often adult children - for caring for elderly parents. However, the law allows you to receive sick leave to care for a sick relative, payment for which is made by the employer, and other family members.
Family law considers spouses, children, parents to be family members. However, other relatives — brothers, sisters, aunts, and uncles — also belong to this category. Naturally, grandmothers, grandfathers, grandchildren and granddaughters belong to the same. The circle of persons that can be attributed to family members is quite wide. In some cases, very distant relatives are reckoned among them. However, the law does not require the caregiver to live with a sick person.
It is worth noting that family members can include not only those people who are associated with sick blood ties. This can be, for example, stepsons and stepdaughters, as well as stepfathers and stepmothers, respectively. Moreover, family law refers to family members and persons whom it itself defines as “actual educators” and “foster children”. Therefore, they can also receive a sick leave to care for each other, and subsequently receive a sick leave allowance.
Sick leave
How to get a sick leave certificate for caring for a sick relative in Moscow or any other city in Russia? It is very simple, and the patient and his relative will not need any specific efforts. Turning to a medical institution, the patient, of course, receives medical care. In difficult cases, when he cannot take care of himself, when he needs outside help, the sick leave is written out to a close person who, accordingly, is ready to look after the sick person.
Most likely, the medical officer will require the latest evidence that can confirm the relationship. According to the instructions approved by the Ministry of Health, the health worker is obliged to put the code of this relationship in the corresponding column of the sick-list. Therefore, in order to receive a sick leave to care for a sick family, it is enough to submit certain documents. These can be birth certificates, marriage certificates, etc.
However, it is worth noting that in practice, doctors, as a rule, do not ask them, but are limited only to verbal statements. Therefore, in some cases, not even family members can get sick leave .
Sick pay
However, it must be understood that payment of such sick leave may be declared null and void in court. Even if the employer pays for such a sheet, the Federal Insurance Service authorities can detect these violations and demand a refund.
Of course, any actions and decisions of FSS employees can be appealed in the courts themselves. In the practice of considering such cases, there are often decisions made not in favor of the FSS. For example, courts often make decisions that recognize the payment of sick leave for caring for a sick relative as legitimate when they are a very distant relative (second cousins / brothers, half-sisters / brothers).
If we talk directly about the payment of sick leave, you need to know the position of the legislator regarding the documents that must be presented to the employer by the employee who was in the sick leave. There is only one document - a certificate of incapacity for work (called a sick leave certificate), which an employee must provide. The requirement from him of any other documents confirming the situation is unacceptable.
True, some employers also require documents confirming kinship in such cases, but this is a violation of the law. The employee who submitted the sick leave has the full right to receive sick leave in accordance with the current rules governing the procedure for accruing it.
Disorders in the sick leave
Many people who have been on sick leave more than once have encountered situations where medical workers made violations, mistakes, or any other inaccuracies in writing out this important document. If such a situation has occurred, then it is better to eliminate such errors immediately in the hospital.
On the other hand, according to the judiciary, the responsibility for properly filling out sick leave rests entirely with the medical profession. These employees must fill out a disability sheet in accordance with the instructions. At the same time, as judges say in their decisions, the mentioned violations and errors cannot be the reason for the refusal to accept the sheet by the employer.
The same applies to the FSS - employees of this service are not entitled to blame the employer for accepting such disability certificates.
Actual care
Thus, the question of how to apply for a sick relative in Russia is not very complicated. However, so that subsequently there are no problems with obtaining hospital benefits, one very important point that must be taken into account should be taken into account. This is also related to the prevention by the state authorities of cases of fraud and fraud with social payments (hospital benefits).
This important point is very simple - a relative who is caring for a sick person should provide actual care. What does it mean? Anyone who goes on sick leave should really look after his sick family. If nothing like this happened, and the disability certificate was still received, then the payment of benefits to him may be deemed invalid in the future, and money (if they were paid) will be recovered through the court.
Action in contentious situations
What to do in difficult cases, when a loved one needs care and help, and medical staff refuse to issue a certificate of incapacity for work, citing distant kinship or lack thereof?
For example, if you need to get a sick leave certificate to care for a sick relative - a disabled person of group 1, and the doctor refuses to give it out, then you can contact either the head of the medical department or the head doctor. These people need to explain the situation, to prove that none of the relatives of the patient is closer, and help is urgently needed. In the end, doctors are people too, and it is possible that they will understand any difficult situation and help in solving it. Even if this sick leave is not subsequently paid by the Social Insurance Fund, then at least it will be evidence and a good reason for the absence of an employee in the workplace.
It is important to know that a sick leave relative is issued in the exact same manner as described above. However, it is necessary to interrupt or postpone this vacation by notifying your employer.
Thus, a relative care hospital is a very realistic support measure provided by the state to help sick people. The opportunity to get a disability certificate, to help your loved one in difficult life situations associated with the disease, is quite substantial. Of course, an additional bonus will be the fact that such a sick leave will be paid by the employer.