Is it possible to get sick leaverelative? Is this a myth or a reality? As a rule, people use the opportunity to get a sick leave only in cases when they become ill themselves. In addition, in the overwhelming majority of cases, mothers get a sick leave when their children get sick. In our article we will talk about how you can get sick leave to care for a sick relative (adult or child).
Legislative fundamentals
Where did the information that the hospitalcan not get only when sick himself or the children? Naturally, from the legislative acts of Russia, which establish many aspects of the legal relations under consideration that arise when a person is disabled.
One of such legislation isRF Law "On Compulsory Social Insurance". It describes all the cases when a person can take sick leave, for how long it is issued, whether such sick pay is due, and also for the care of which persons it can be issued.
It follows from the above normative act that a hospital for the care of a sick relative is issued in several cases.
Care for sick children under 15
In total, there are 6 situations in whichthe medical institution will be issued a sick-list for the care of a sick relative. At the same time, out of six such situations, the law refers five cases to the issuance of sick-list for the care of children and only one - for adults.
Immediately it should be noted that described belowcases refer to paid sick leave. So, medical organizations and their employees should be issued a sick leave, which is subsequently paid by the employer, if:
- The citizen is caring for minorsa child who is not yet seven years old. In this case, the total per year of the duration of such leave (paid) may not exceed two months. A person who is on sick leave on this basis for more than 60 days cannot be dismissed, as he has a good reason, but on the other hand, he will not be paid for more than two months.
- Гражданин ухаживает за заболевшим a minor child who is not yet 15 years old, but already more than 7 years old. Here the situation is slightly different. A sick-list for the care of a sick relative will be paid only for fifteen days, but if you leave in the same year for another such sick-list, it will also be paid only for fifteen days. The total amount of days at the hospital for the year should not be more than forty-five days.
In both of these cases, the treatment of a sick child can be done both in the hospital and at home, that is, on an outpatient basis, with a visit to a medical institution.
Childcare otherwise
The following three reasons for obtaining paid sick leave are related to the so-called more complex cases of children's diseases.
- When a child is disabled from birth orthe disability is acquired after the birth, then the relative caring for him has the right to receive a sick-list. In this case, 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 a sick-list will be paid for the care of a sick relative in a hospital or on an outpatient basis should be no more than four months.
- Если ребенок болен онкологической болезнью, в том among those with malignant blood diseases, his relative, who has received sick leave, will be entitled to pay for the entire duration of treatment. In this case, it doesn’t matter where the treatment takes place - in a hospital or at home. All the time that a relative has spent on care will and should be paid by the employer.
- Если ребенок болен заболеванием ВИЧ, то the native person who cares for him 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 the time of care will be paid only if the treatment took place in the hospital. With outpatient treatment, unfortunately, such a hospital will not be paid.
Nursing care for a sick relative - adult
The last remaining case that is providedThe law on social insurance, and according to which a person can go on sick leave to care for a loved one, is an adult disease. Indeed, it is provided by law that you can take care not only of children.
So, sick leave listA relative whose sample can be seen below can get close to a sick adult. At the same time, it is established by law that the payment of such a certificate of incapacity for work will be made only in seven days.
These hospitals can be taken somewhat fora year, but only thirty days will be paid. There is also a condition - the treatment of a sick adult should take place at home. This is understandable - in the hospital for medical care should take care of the sick.
Who can apply for hospital care for a loved one
So, having considered the cases of givingsick, the reader needs to decide - who has the right to get it. As already mentioned, mothers often get it when their child gets sick, occasionally - fathers, even less often adult children - to care for their elderly parents. However, the law allows for receiving sick leave due to care for a sick relative, payment for which is made by the employer, and other family members.
Family law considers family membersspouses, children, parents. However, other relatives - brothers, sisters, aunts and uncles - belong to this category. Naturally, the same are grandmothers, grandfathers, grandchildren and grandchildren. The circle of persons who can be attributed to family members is quite wide. In some cases, they are ranked and very distant relatives. At the same time, the legislation does not require the carer to live with the sick person.
It is worth noting that family members may benot only those related to the diseased with blood ties are included. This may be, for example, stepchildren and stepchildren, as well as, respectively, stepfathers and stepmothers. Moreover, family law refers to family members and individuals whom it itself defines as “de facto educators” and “pupils”. Consequently, those too can receive a sick-list for the care of each other, and subsequently also receive a hospital allowance.
Registration of the hospital
How to issue a sick-list for patient carerelative in Moscow or any other city in Russia? It is very simple, and from the patient and his relative will not require any particular effort. Turning to a medical facility, the patient, of course, receives medical care. In difficult cases, when he cannot take care of himself, when he needs outside help, the hospital is discharged to a loved one who, accordingly, is ready to care for the sick person.
Most likely, the medical officer will requireThe latest evidence, which will be able to confirm a related relationship. According to the instructions approved by the Ministry of Health, the health worker is obliged to put in the appropriate column of the sick-list the code of this related relationship. Therefore, in order to receive a sick-list for the care of a sick family, it is sufficient to submit certain documents. These may be birth certificates, marriage certificates, etc.
However, it is worth noting that, in practice, doctors, as a rule, do not ask them, but confine themselves only to oral statements. Therefore, in some cases, not even family members can get sick leave.
Sick pay
However, you must be aware that paymentsuch sick leave may be invalidated in a court of law. Even if the employer pays for such a sheet, the Federal Insurance Service can detect these violations and demand a refund.
Конечно, любые действия и решения сотрудников ФСС You can appeal to the court itself. In the practice of considering this kind of cases, there are often decisions that are not made in favor of the FSS. For example, often the courts make decisions that recognize the payment of a sick-list for the care of a sick relative as legitimate when such is a very distant relative (second cousins nephews / brothers, half-sisters / brothers).
Speaking directly about paymenthospital, it is necessary to know the position of the legislator regarding the documents that the employee who was in the hospital There is only one document - a certificate of incapacity for work (referred to as a sick-list), which the employee must provide. The demand from him for any other documents confirming the situation is unacceptable.
True, individual employers require in suchIn other cases, documents confirming the relationship, but this is a violation of the law. An employee who submitted a sick-list is fully entitled to receive hospital benefits in accordance with the applicable rules governing the procedure for calculating it.
Disorders in the hospital
Many people who are not just insick leave, encountered situations where medical workers committed violations, mistakes or some other inaccuracies when writing out this important document. If this situation occurred, it is better to eliminate such errors immediately in the hospital.
С другой стороны, по мнению судебных органов, Responsibility for the proper filling out of hospital sheets is fully assigned to health care workers. These workers need to fill out a disability certificate in accordance with the instructions. Moreover, as the judges express in their decisions, the aforementioned violations and mistakes cannot be the reason for the employer to refuse to accept the list.
The same applies to the FSS - employees of this service do not have the right to impose responsibility for the adoption of such lists of disability on the employer.
Actual care
So the question of how to issueThe sick-list for the care of a sick relative in Russia is not very complicated. However, in order not to have problems with obtaining hospital benefits, one very important point should be taken into account. This is also connected with the prevention of fraud and fraud with social benefits (hospital benefits) by state bodies.
Этот важный момент весьма прост – ухаживающий за a relative should provide actual care. What does it mean? The one who went to the hospital, should really care for their sick relatives. If nothing of the kind happened, and the list of incapacity for work was nevertheless received, then the payment of his allowance may later be recognized as invalid, and the funds (if they were paid) will be recovered through the court.
Actions in controversial situations
What to do in difficult cases when closea person needs care and help, and medical staff refuse to discharge a disability certificate, citing distant kinship or none at all?
For example, if you need to get a hospitalsheet for the care of a sick relative - a disabled person of group 1, and the doctor refuses to issue it, then you can contact either the head of the medical department or the head doctor. These people need to explain the situation, prove that the patient has no closer relatives, and he is in urgent need of help. In the end, doctors are also people, and it is quite possible that they will understand any difficult situation and help in solving it. Even if this hospital is not subsequently paid by the FSS, then at least it will be evidence and a valid reason for the absence of an employee in the workplace.
It is important to know that the hospital care sheeta sick relative during the holidays is issued in exactly the same way as described above. However, you need to interrupt or transfer this leave by notifying your employer.
Thus, hospital carerelative - this is a very real support measures 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 significant. Of course, an additional bonus will be the fact that such a hospital will be paid by the employer.
