How to make a sick leave to care for a sick relative

Can I get a sick-leave to care for a sick relative? Is it a myth or a reality? As a rule, people use the opportunity to get a sick leave only when they get sick themselves. In addition, in the overwhelming majority of cases, a sick leave is received by mothers when their children are ill. In our article, we will talk about how you can get a sick man to care for a sick relative (an adult or a child).

Legislative fundamentals

Where did the information come about that the hospital can be obtained not only when the patient himself or the children fell ill? Naturally, from the legislative acts of Russia, which establish many aspects of the legal relations under consideration, arising from the incapacity of a person.

One of these legislative acts is the Law of the Russian Federation "On Compulsory Social Insurance". It describes all cases when a person can take a sick leave, for how long it is issued, whether such a payment is payable, and for the care of which persons it can be extradited.

It follows from this normative act that a hospital patient for the care of a sick relative is issued in several cases.

Care for sick children under 15 years old

In total, there are 6 situations in which a medical institution will be issued a hospital for the care of a sick relative. At the same time, out of six such situations, the law relates five cases to the issuance of sick leave sheets for the care of children and only one - to adults.

Immediately it should be noted that the cases described below refer to paid hospital sheets. So, medical organizations and their employees should be given a sick leave sheet, which is subsequently paid by the employer if:

• A citizen takes care of an underage child who is not yet seven years old. At the same time, in total, the duration of such leave (paid) can not exceed two months. A person who is on sick leave for more than 60 days on this basis can not be dismissed, since he has a valid reason, but on the other hand, he will not be paid for more than two months.
• A citizen takes care of a sick minor child who has not turned 15 years old, but has been more than 7 years old. Here the situation is slightly different. The hospital caregiver for a sick relative will be paid only for fifteen days, but on leaving in the same year for one more hospital he will also be paid only for fifteen days. The total amount of days on sick leave for a year should not be more than forty five days.

In both cases, the treatment of a sick child can be performed both in the hospital and at home, that is, on an outpatient basis, with a visit to a medical facility.

Care of children in other cases

The following three grounds for obtaining a paid sick leave sheet are associated with so-called more complex cases of children's illnesses.

1. When a child is disabled from birth or a disability is acquired after the birth, the caretaker is entitled to receive a sick leave certificate. In this case, treatment, as well as in the above situations, can occur both directly in a medical institution (inpatient), and at home with a visit to the hospital. The time for which such a sick leave sheet for the care of a sick relative in a hospital or outpatient will be paid must not exceed four months.
2. If a child is sick with cancer, including malignant blood diseases, then his relative, who has received a sick leave, will be entitled to pay for 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 is spent by a relative for care, will and should be paid by the employer.
3. If a child is sick with HIV disease, then the caretaker is also entitled to receive payment from the employer for the time of such withdrawal. The only thing that distinguishes this case from those considered above is that the withdrawal time will be paid only if the treatment took place in a hospital. At treatment it is out-patient, unfortunately, such hospital will not be paid.

Hospital for the care of a sick relative - an adult

The last remaining case, which is provided by the law on social insurance, and for which a person can go to a hospital for the care of a loved one, is an adult illness. Indeed, it is legally stipulated that you can take care not only of children.

So, a sick leave sheet for caring for a sick relative, a sample of which can be seen below, can get close to a sick adult. At the same time, it is legislatively established that payment of such a disability sheet will be made only in seven days.

The mentioned sick-lists can be taken several times a year, but only thirty days will be paid. There is also a condition - the treatment of a sick adult must be done at home. This is understandable - in the hospital for the patient should take care of medical workers.

Who can claim a hospital care for a loved one

So, after considering the cases of providing a hospital, the reader needs to decide - who has the right to receive it. As it was said before, mothers often get it when their child falls sick, sometimes - fathers, even less often adult children - to care for elderly parents. However, the law allows a sick person to take care of a sick relative paid for by the employer and other family members.

Family law considers family members to be spouses, children, parents. However, this category includes other relatives - brothers, sisters, aunts and uncles. Naturally, the same applies to grandparents, grandchildren and granddaughters. The circle of people that can be attributed to family members is quite wide. In some cases, they are very distant relatives. At the same time, legislation does not require that the caregiver live together with a sick person.

It is worth noting that not only those people who are related to the ill blood relationship can be attributed to family members. This can be, for example, stepchildren and stepdaughters, and, accordingly, stepfathers and stepmothers. Moreover, family legislation refers to family members and persons whom it defines as "actual educators" and "pupils". Consequently, they can also receive a sick leave sheet for care after each other, and subsequently receive a hospital benefit.

Registration of a hospital

How to apply for a sick leave to care for a sick relative in Moscow or any other city in Russia? This is very simple, and the patient and his relative will not need any specific effort. Having applied to a medical institution, the patient, of course, receives medical care. In difficult cases, when he can not take care of himself, when he needs help from outside, the hospital is issued to a close person who, accordingly, is ready to take care of the sick person.

Most likely, the medical officer will require from the latter 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 the code of this relationship in the appropriate box of the sick leave sheet. Therefore, in order to get a sick-nurse to care for the sick relatives, it is enough to submit certain documents. These can be birth certificates, marriage certificates, etc.

However, it should be noted that in practice, doctors, as a rule, do not ask them, but only make oral statements. Therefore, in some cases, even family members can not get a hospital.

Payment of sick leave

At the same time, it is necessary to realize that payment of such a sick list can be recognized as invalid in a judicial procedure. 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 most judicial manner. In the practice of considering such cases, there are often decisions that are not in favor of the FSS. For example, courts often make decisions that recognize the payment of a sick leave sheet for caring for a sick relative, when it is a very distant relative (cousin nephews / brothers, step sisters / brothers).

Speaking directly about the payment of the sick-list, it is necessary to know the position of the legislator regarding the documents that the employee who is in the hospital in question should present to the employer. There is only one document - a list of incapacity for work (referred to as a hospital leaf), which the worker must provide. The requirement of him of any other documents confirming the situation is unacceptable.

True, some employers require in such cases also documents confirming kinship, but this is a violation of the law. The employee who submitted the sick leave is entitled to receive the hospital benefit in accordance with the current rules governing the procedure for accrual.

Violations in the hospital

Many people who have repeatedly been on sick leave have met with situations in which medical workers have committed violations, errors or some other inaccuracies in the discharge of this important document. If such a situation has occurred, it is better to eliminate such errors immediately in the hospital.

On the other hand, in the opinion of the judiciary, the responsibility for the proper filling of the sick lists is entirely the responsibility of the medical personnel. These workers must complete the disability sheet in accordance with the instructions. At the same time, as the judges state in their decisions, the violations and errors mentioned can not be the reason for refusing to accept the sheet by the employer.

The same applies to the FSS - employees of this service are not entitled to assign responsibility for the adoption of such sheets of disability to the employer.

Actual Care

Thus, the question of how to issue a sick leave sheet for the care of a sick relative in Russia is not very difficult. However, in order to subsequently not have problems with getting a hospital benefit, one must take into account one very important point that should take place. This, among other things, is connected with the prevention by state bodies of cases of fraud and fraud with social payments (hospital benefits).

This important point is very simple: a relative who cares for a sick person must actually take care of it. What does it mean? Those who went to the hospital, should really take care of their sick relatives. If nothing of the kind happened, and the list of incapacity for work was still received, then the payment of benefits to him could later be declared invalid, and the money (if paid) would be recovered through the court.

Actions in disputed 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, referring to the distant relationship or the absence of such a relationship?

For example, if you need to get a sick leave sheet for caring for a sick relative - an invalid of group 1, and the doctor refuses to issue it, you can apply to either the head of the treatment department or the chief doctor. These people need to explain the situation, to prove that there is no closer to any of the relatives, and it is absolutely necessary to help him. 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 for by the FSS, then at least it will be a proof and a good reason for the absence of an employee in the workplace.

It is important to know that a sick leave sheet for the care of a sick relative during vacation is issued in exactly the same way as described above. However, in this case, it is necessary to interrupt this vacation or postpone it by notifying your employer.

Thus, the hospital care of a relative is a very real support measure provided by the state to help the sick people. The ability to get a certificate of incapacity for work, help your loved one in difficult life situations associated with the disease is significant enough. Of course, an additional bonus will be that such a hospital will be paid by the employer.