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Additional paid leave for a disabled child. Are parents entitled to additional paid days of leave to care for a disabled child and how to apply for them? Calculation of vacation pay

Solution

Hello,

In accordance with Article 262 of the Labor Code of the Russian Federation, one of the parents, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided among themselves at their discretion. Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws.

In accordance with the Explanation “On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children” (approved by the Resolution of the Ministry of Labor and social development RF No. 26 dated April 4, 2000), four additional paid days off for caring for disabled children and people with disabilities from childhood until they reach the age of 18 are provided in calendar month one of the working parents upon his application and are formalized by order (instruction) of the administration of the organization on the basis of a certificate from the authorities social protection population about the child's disability, indicating that the child is not kept in a specialized children's institution(belonging to any department) on full state support.

According to paragraph 3 of the Explanation “On the procedure for providing and paying for additional days off ...”, if one of the child’s parents is in an employment relationship with the employer, and the other is not in such a relationship, four additional paid days off per month for child care - disabled people from childhood until they reach the age of 18 are provided to the parent who is in an employment relationship with the employer upon presentation of a document (copy) confirming that the other parent is not in an employment relationship with the employer.

The Government of the Russian Federation has determined a procedure for providing additional paid days off to one of the parents to care for disabled children

According to the Labor Code of the Russian Federation, one of the parents (guardian, trustee), upon his or her application, is provided with 4 additional paid days off per calendar month for these purposes, issued by order (instruction) of the employer.

To receive such days off, the following documents must be submitted:

Certificate confirming the fact of disability, issued by the bureau medical and social examination;

Documents confirming the place of residence (stay or actual residence) of a disabled child;

Birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child;

An original certificate from the place of work of the other parent (guardian, trustee) stating that at the time of application additional paid days off in the same calendar month were not used or partially used, or a certificate from the place of work of the other parent (guardian, trustee) stating that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month.

Payment for each additional day off is made in the amount of the average earnings of the parent (guardian, trustee). Additional holidays not used in a calendar month are not carried over to another month.

If there is more than one disabled child in a family, the number of additional paid days off provided in a calendar month does not increase.

Providing the employer with a certificate confirming the fact that the child has been diagnosed with disability is carried out in accordance with the deadlines for establishing disability (once, once a year, once every 2 years, once every 5 years).

Specialists of the Perm and Chelyabinsk branches of the FSS of the Russian Federation. For example, if an employee started working on June 20, 2008, and left on July 18, 2008, then he has the right to 4 additional days off in June and 4 additional days off in July.The procedure for providing additional days off to care for a disabled child is given inclarification of the Ministry of Labor of the Russian Federation No. 3, FSS of the Russian Federation No. /02-18/05-2256 dated 04/04/2000" (find this document and study it).

Your employee takes vacation only from 02/09/2015; if he did not have time to use these additional days of rest before 02/09/2015, then he then goes on annual paid leave, and the additional days of rest are not carried over to the next calendar month.

Solution

Hello Elvira!

Well, you read it, and this is information from the FSS, that

Four additional paid days off per monthnot providedworking parent during his next annual paid leave, leave without pay wages, parental leave until the child reaches the age of 1.5 years t, issued on the basis of a personal application. At the same time, the other working parent retains the right to four additional paid days off.

Tell me please. I am the mother of a disabled child. Age 14 years. I work in the civil service. The schedule is in three days. But due to the lack of people, I was given a schedule for July in which I was given two shifts every other day. Is this legal? And do I still have the right to additional days off or days off given this schedule?

Additional guarantees for women caring for a disabled child are included in the following. Articles of the Labor Code of the Russian Federation:

1st Art. 259 of the Labor Code of the Russian Federation - Directions to business trips, involving mothers and fathers with disabled children in overtime work, night work, weekends and non-working holidays.

2. Article 261 of the Labor Code of the Russian Federation - Termination of an employment contract with single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age) at the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8 , 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code).

3. Article 262 of the Labor Code of the Russian Federation - One of the parents (guardian, trustee) to care for disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of the specified persons or divided between them according to their discretion. Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws.

This article is also supported by the explanation of the Ministry of Labor and Social Development Russian Federation No. 3 and Fonda social insurance Russian Federation No. 02-18/05-2256 dated April 4, 2001 “On the procedure for providing and paying additional days off per month to one of the working parents (guardians, trustees) to care for disabled children” (approved by a resolution of the Ministry of Labor and Social Affairs Development of the Russian Federation and the Social Insurance Fund of the Russian Federation dated April 4, 2000 No. 26/34).

4. Article 263 of the Labor Code of the Russian Federation - For an employee who has a disabled child under the age of eighteen, a collective agreement may establish annual additional leaves without pay at a time convenient for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed*.

* This additional leave is provided upon written request from the employee at a time convenient for him and his children (for example, during the holidays). It is not allowed to carry over unused additional parental leave to next year, since it is provided annually for a purpose to increase the duration of communication with children for the purpose of their upbringing. But the parent can use it in parts, for example 7 calendar days during the summer school holidays and 7 during the winter.

5. Art. 93 of the Labor Code of the Russian Federation - The employer is obliged to establish a part-time working day or part-time working week at the request of one of the parents (guardian, trustee) who has a disabled child under the age of eighteen years*.

* When part-time work is established, remuneration is made in proportion to the time worked. The employee does not have the right to demand wages in an amount not lower than the minimum wage established by the state (Article 133 of the Labor Code of the Russian Federation), since this guarantee applies only to workers who have fulfilled the full labor standard.

6. Article 28 Federal Law of December 17, 2001 N 173 Federal Law "On labor pensions in the Russian Federation" - Mothers of disabled people from childhood, raising them until they are 8 years old, have the right to a pension upon reaching 50 years of age if they have at least 15 years of insurance experience.

As for going on unscheduled parental leave, there are two options:

1. According to Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time working week for a woman caring for a disabled child at her request. Of course, this will also entail a reduction in wages.

2. Ask for long-term leave without pay. Its registration is possible only in agreement with the employer. If he agrees, then we can take it. In any case, the time spent caring for a disabled child is included in the length of service. But if he doesn’t agree, alas, you won’t be able to go on long-term paid leave.

Last updated April 2019

A disabled child requires much more attention, care and time than children without developmental disabilities. This leaves its mark on the life of their family. In this regard, benefits are established at the state level for parents who have a disabled child, which are designed to make work life easier, reduce tax burden, improve the living conditions of such families, and so on. Read on to learn more about what benefits are provided for parents of disabled children by law and how to take advantage of them.

Who is a disabled child

A disabled child is a minor (under 18 years of age) who has:

A health disorder accompanied by a persistent disorder of body functions caused by injuries, diseases, or defects.
Complete or partial loss of ability to self-care, independent movement, orientation, communication, behavior control or learning.
Need to receive social measures protection, including rehabilitation and habilitation.

In this case, all of the listed signs must be observed simultaneously. That is, if a child diabetes mellitus, but this does not affect his normal functioning in any way, he can take care of himself, move around, etc., then the ITU does not recognize him as disabled.

Although even if all three signs are present, it is not a fact that disability will still be assigned. The level of loss of basic skills in self-care, etc., may be different for each person, so one person may be assigned a disability, while another with the same symptoms may not.

The decision to recognize a child as disabled is made by the ITU commission.

Category “child with childhood disabilities”: does it exist now?

Yes and no. Formally, the category “childhood disabled” existed until 2014, and when the child reached adulthood, he received this status. Now all disabled children, upon reaching their 18th birthday, undergo a new test ITU commission, at which the disability group is determined for them - 1,2 or 3 without the mark “disabled since childhood”.

For those who received this status before 2014, it is retained, as are all benefits provided for children with disabilities.

However, no benefits were provided for parents of children with disabilities either then (until 2014) or now. That is, in essence, the child’s disability as a basis for receiving benefits “works” until the child turns 18 years old.

Disabled child benefits for parents in 2019

In 2019, there are no fundamental changes regarding benefits for parents of disabled children, except for:

The entry into force of a new act with a list of diseases that are the basis for issuing additional meters of living space (formerly - Decree of the Government of the Russian Federation No. 817 of December 21, 2004, became - List of diseases, approved by Order of the Ministry of Health of November 30, 2012 No. 991n). New list increased by one point.
Changes in the pension amount compared to 2018 as a result of indexation.

Otherwise, the volume of benefits for federal level remained the same. Regional authorities They do not have the right to narrow it, that is, to “remove” any of the benefits by their local act, but they can, if the budget allows, introduce additional ones.

First, let’s take a closer look at the federal benefits in force in 2019.

Labor benefits for parents

Part-time work (Article 93 of the Labor Code of the Russian Federation)

Each parent can take advantage of this preference at their place of work. To do this, it is necessary to provide the employer with an ITU conclusion.

The new work schedule is drawn up based on the interests of the employee, not the employer. Moreover, it can be introduced until the basis for providing part-time work disappears, that is, in cases of a disabled child - until he comes of age.

What to do next? If after passing the ITU, an adult child is again recognized as disabled; in the same article 93, “caring for a sick family member on the basis of a medical report” is also mentioned as a basis for introducing a part-time schedule. Therefore, in essence, this benefit will remain with the parents even when the child turns 18 years old.

Please note that remuneration for disabled parents is carried out on a general basis, that is, in proportion to the amount of work done or hours worked. But at the same time, the use of this benefit does not reduce vacation time, length of service and does not limit the employee’s other labor rights.

The right to refuse business trips to another region, going to work on holidays, weekends, at night or overtime (Article 259 of the Labor Code of the Russian Federation)

Since this is the employee’s right, he can agree. But in this case, consent must be made in writing. Moreover, when an employer offers such working conditions, he must inform the parent of a disabled child in writing of the right to refuse them. If the employee does not agree, labor legislation protects his interests: he can refuse a business trip and go to work without any consequences for him.

Additional 4 days off per month with preservation of earnings (Article 262 of the Labor Code of the Russian Federation)

This benefit is provided for one parent, or these 4 days can be “split” between parents at their discretion. To use it, you need to write an application to the employer. It is drawn up in the form approved by order of the Ministry of Labor dated December 19, 2014. No. 1055n "On approval of the application form for granting one of the parents (guardian, trustee) additional paid days off to care for disabled children." A sample form is below.

To the Director of April LLC
Kolomoitsev Igor Igorevich
Senior Sales Manager
Gudzikov Ivan Ivanovich

Application for provision to one of the parents (guardian, trustee)
additional paid days off
for caring for disabled children

In accordance with Article 262 Labor Code Russian Federation, I ask you to provide me with additional paid days off to care for a disabled child on April 25-26, 2019 and April 29-30, 2019, in the amount of 4 calendar days.

I inform you that the second parent, Elizaveta Fedorovna Gudzikova, did not use the right provided for in Article 262 of the Labor Code of the Russian Federation, which is confirmed by a certificate from her place of work.

I am attaching documents (copies of documents) provided for by the legislation of the Russian Federation for the provision of additional paid days off for caring for disabled children.

I confirm the accuracy of the information I provided.

Based on the results of consideration of the application, the manager issues an order. As mentioned above, the right to take 4 days off from a parent of a disabled person arises every month. These rest days are paid based on the average earnings per day.

The following documents must be attached to the application:

Certificate from the ITU office confirming disability;
A document confirming the child’s place of residence;
Child's birth certificate or document establishing guardianship/trusteeship;
A certificate from the second parent’s place of work stating that they did not use additional days off during the month of application or used them partially. If the second parent is dead, missing, deprived parental rights or is limited in them, is serving a prison sentence, is on a business trip for more than one month, and these circumstances can be documented; a certificate from the second parent’s place of work is not needed.

The Supreme Court of the Russian Federation, in Resolution No. 1 of January 28, 2014, explained what to do if the employer refused to give additional days off to the parents of disabled children. In this case, the employee’s use of additional days off at his own discretion is not a disciplinary offense, that is, it cannot be considered absenteeism.

If parents did not use additional days off, then for the next month they are not carried over or accumulated in the future.

If there are several disabled children in a family, the number of days does not increase.

At the same time, additional days off are NOT PROVIDED to the parent of a disabled person during his:

The next annual paid leave;
"Free" vacation;
Leave to care for a child up to 3 years old.

In this case, the second working parent can fully exercise his right.

Use of annual leave at any time (Article 262.1 of the Labor Code of the Russian Federation)

Only one parent (or guardian, trustee) can take a vacation at any time convenient for him/her if the family is full.

Additional leave for the parent of a disabled child (Article 263 of the Labor Code of the Russian Federation)

It is a mandatory benefit if the corresponding clause is provided for in the collective agreement. The duration of the vacation is 14 days. However, wages for this period are not saved. Vacation is provided when it is needed and convenient for the employee, and not for the manager. It can be attached either to the main outlet or used separately. Carry over unused items to next year extra time no rest allowed.

Early retirement (Article 32 of the Federal Law “On Insurance Pensions”)

Parents of a disabled person can retire 5 years earlier than the established age. However, this benefit is applicable only if you have a certain length of service:

For men, pension from age 55 – with 20 years of insurance coverage.
Women retire at age 50, with at least 15 years of service.

Counting child care time into the insurance period (Article 12 of the Federal Law “On Insurance Pensions”)

On legislative level The benefit is enshrined in Article 12 of the Federal Law “On Insurance Pensions”, but you can use it under certain circumstances:

the corresponding period is not counted towards the other parent when establishing an insurance pension;
the period of child care was preceded and/or followed by periods of work or other activity (regardless of their duration).

In addition, inclusion of time spent caring for a disabled person in the length of service is not an obligation for pension authorities. In order for this issue to be considered, the parent must submit an application, the form of which is established in Appendix No. 3 of the Decree of the Government of the Russian Federation of October 2, 2014 N 1015 “On approval of the Rules for calculating and confirming the insurance period for establishing insurance pensions.” An example of an application to include the period of caring for a disabled child in the insurance period can be seen below.

To the Department Pension Fund RF
in the Kemerovo region

STATEMENT
able-bodied person caring for a disabled child

I, Kotenkina Evelina Georgievna, live at Kemerovo, Tsvetochnaya St., 13.

Date of birth: October 13, 1951

Identity document, Russian Federation passport series 37 05 number 546789 by whom and when issued by the Department of the Federal Migration Service of Russia in Kemerovo during the period from 01/01/1974 to 04/05. 1980 provided care for citizen Kotenkin Ivan Andreevich, living at Kemerovo, st. Tsvetochnaya, 13, who was a disabled child during the period of care.

I request that the specified period of care be established for the purpose of being included in the insurance period in accordance with paragraph 6 of part 1 of Article 12 Federal Law"About insurance pensions".

11/11/2008
E.G. Kotenkina

If the RF Pension Fund branch refuses to enroll, go to court with statement of claim, attaching a written unsatisfactory response to your application.

Prohibition on dismissal at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation)

However, such a preference is established not for all parents of disabled children, but for certain categories of them:

Single mothers raising a disabled child under 18 years of age, or single fathers, others legal representatives a disabled person raising him or her independently;
Parents (legal representatives) who are the sole breadwinner of a disabled child under 18 years of age.

If your employer, despite the law, breaks off your employment relationship with you, you can appeal his actions to the court.

Tax benefits

Parents of a disabled child have the right to receive a monthly personal income tax deduction. The only condition is that the parent must officially work.

The personal income tax deduction is provided for this category of persons, clause 4, part 1, article 218 of the Tax Code of the Russian Federation and amounts to:

12000 rub.- for natural parents and adoptive parents.
6000 rub– for a guardian, trustee, adoptive parent, spouse of an adoptive parent.

You can receive a deduction for each disabled child if he has not yet reached 18 years of age (or 24 years of age if he is studying at full-time training and is a disabled person of group I or II).

The deduction is provided to each of the parents, that is, the full family actually receives a double benefit.

To take advantage of the benefit, you can choose one of the following methods:

contact the accounting department at your place of work with an application and documents confirming your right to receive benefits;
Fill out the 3-NDFL declaration yourself at the end of the tax year and send it to the territorial inspectorate of the Federal Tax Service, indicating the necessary information in the “tax deductions” column.

Deductions will begin from the month from which you contact the tax office. You can receive them in cash directly from the territorial inspectorate or from your employer if you provide him with an application and notification from the Federal Tax Service to confirm your right to receive social tax deductions.

A very important document that determined the further enforcement practice of the Federal Tax Service on the issue of providing a personal income tax deduction to parents for a disabled child is Letter of the Ministry of Finance of the Russian Federation dated March 20, 2017 No. 03-04-06/15803.

The fact is that personal income tax deductions are provided for all persons who have children (not only disabled people). “Disability” only affects the amount of the deduction.

And if until 2017, the territorial inspectorates of the Federal Tax Service disagreed on issues of determining the amount of the deduction (whether to assign a deduction to the parents of a disabled person on one basis or on two), now the conflict has been eliminated:

the total amount of the standard tax deduction for a disabled child is determined by adding the amounts of the deduction provided for the reason related to the birth of the child (adoption, establishment of guardianship) and for the reason related to the fact that the child is disabled.

Example. Kushnarev A.E. works as a senior manager at the Horizon company. He has a 12-year-old disabled son. The wife takes care of the child and does not work anywhere. Until April 2017, he enjoyed a deduction of 12,000 rubles. After the publication of Letter No. 03-04-06/15803 of the Ministry of Finance of the Russian Federation dated March 20, 2017 in the media, he contacted the territorial inspectorate of the Federal Tax Service with an application to recalculate the amount of the personal income tax deduction. A recalculation was carried out for him and the amount of deduction from April amounted to 13,400 rubles.

The transport tax benefit is regional in nature. This means that not all parents of disabled children can use it, but only those in whose regions of residence the local authorities have adopted the relevant law.

In particular, below are examples of subjects in the Russian Federation in which the specified category of persons is completely exempt from paying transport tax:

Moscow
Saint Petersburg
Leningrad region
Volgograd region
Murmansk region
Sverdlovsk region
Chelyabinsk region

To take advantage of the benefit, you need to contact the local Federal Tax Service with documents (usually a passport, ITU conclusion, PTS and STS) and an application in the established form, which can be downloaded on the official website or will be given to fill out on site at the inspection.

If you do not declare to the tax office that you are entitled to a deduction, the tax will be charged in full.

Housing benefits

The provision of this type of benefits is regulated by Art. 17 Federal Law “On social protection of disabled people in the Russian Federation”. According to its provisions, families (and in fact, parents of disabled people) are given the opportunity to receive:

Housing at public expense, if the family is registered as in need of improved housing conditions.
Compensation in the amount of 50% of housing maintenance fees (rent) and utilities (cold water, hot water, electrical energy, heating, wastewater disposal), as well as payment of the cost of fuel and transport for the delivery of this fuel - when living in houses that do not have central heating.
Compensation in the amount of no more than 50% of the contribution for major repairs.
Land for individual housing construction, farming and gardening.

At the same time, the law divides families of disabled people who can receive free housing into 2 categories:

Those that registered before January 1, 2005. There is a separate queue for them, consisting of preferential categories, including the same disabled people.
Those that registered after January 1, 2005. They stand in the general queue for housing without a priority right to receive housing first. As an exception, only families with a severe disability are entitled to receive an apartment out of turn. chronic disease, the list of which is specified in the Decree of the Government of the Russian Federation dated June 16, 2006 No. 378 (11 grounds in total).

In terms of area, housing should be provided based on regional standards for minimum living space per person. In Moscow, for example, this norm is 18 m2. However, for diseases listed in the Order of the Ministry of Health of the Russian Federation dated November 30, 2012 No. 991n, additional area, but not more than double the norm.

Transport benefits

Previously, travel benefits to public transport were provided for by Article 30 of the Federal Law “On the social protection of disabled people in the Russian Federation”. Today this article has been excluded, but this does not mean that the benefit does not apply.

The fact is that disabled children and their parents belong to the category federal beneficiaries who are eligible to receive social services, including free travel in suburban railway transport, as well as on intercity transport to and from the place of treatment. But if they wish, they can replace the benefit in kind with cash payment, which will pay simultaneously with the EDV, and in fact - be part of it. From February 1, 2018, the amount of such payment will be 118.94 rubles.

As for travel on public transport, the provision of this benefit is at the discretion of local authorities. And it is worth noting that in almost all regions of the country, disabled children and their parents enjoy the right to free travel on public transport. In particular, in Moscow, in order to take advantage of this benefit, you must apply for a Muscovite social card. For clarification, as this happens in other regions, it is better to contact local administrations or territorial social protection authorities.

Watch the video: benefits for disabled children and their parents:

Financial assistance to parents of disabled children

Parents of disabled children have the right to receive compensation if they are homeschooled. However, Article 19 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” states that determining the amount of such compensation is at the discretion of the constituent entities of the Russian Federation. That is, in order to find out exactly how the amount of compensation is calculated in your region, you need to check with the self-government authorities what act regulates this issue.
Monthly allowance for a non-working parent of a disabled child. For parents it is 5500 rubles, and for trustees, guardians, foster parents– 1200 rub. But from April 1, 2018, indexation of these amounts is expected, so the indicated figures may soon no longer be relevant.

The official recipients of these benefits are the parents of disabled people. But at the same time, for disabled children themselves, the state also allocates cash, which de jure are accrued to children, and de facto go to family budget. More details about all types cash assistance, which families that include disabled children receive, are described in the article....

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Parents of disabled children have a number of benefits stipulated by the Labor Code of the Russian Federation. These include certain preferential rights regarding holidays. Let's take a closer look at them.

Leave for parents of a disabled child under the Labor Code of the Russian Federation

For the baby's parent with disabilities All standard rights are retained. This is the right to annual leave with payments in accordance with the average salary of the employee, issued in the order specified in the vacation schedule. In 2015, Federal Law No. 242-FZ was published on July 13, 2015, on the basis of which adjustments were made to the Labor Code of the Russian Federation. In particular, a new article 262.1 appeared, according to which the category of workers in question now has additional guarantees:

The right to take compulsory leave convenient time, if required to care for children and adolescents with disabilities.
The right to additional days off.

ATTENTION! These guarantees apply only to parents of children under the age of majority.

What is additional paid leave?

It is additional paid leave for parents that is not provided. The Labor Code of the Russian Federation says nothing about this benefit. However, some people understand additional leave as:

Standard leave, issued in accordance with benefits.
Leave to care for a child up to 3 years old.
Extra days off.

The last point is closest to the concept of second paid leave. The right to additional days off is stipulated by Article 262 of the Labor Code of the Russian Federation. It is provided only to one of the parents. To receive a day off, you must submit a written application. The employer is obliged to provide an employee caring for a disabled child with 4 additional days off per month. All these days are paid at the standard rate.

ATTENTION! All provisions discussed here are enshrined in law. However, nothing prevents an entrepreneur from establishing additional leave with payment as a benefit for parents of disabled children. To do this, it will be necessary to make all the appropriate amendments to collective acts.

Documentary support of registration

To provide time off, parents will need some documents:

Conclusion of a medical and social examination confirming disability (the examination must be taken regularly).
Papers establishing the child’s place of residence.
Birth or adoption certificate.
A certificate from the second parent’s work stating that they did not use the right to holidays and did not submit a corresponding application to the employer.

Most documents are provided only once. For example, a parent can bring a birth certificate once and not do it again when applying for a day off. However, there are a number of documents that must be provided regularly. These include:

Certificates from the second parent's work.
Conclusion of the examination (depending on the type of disability, you need to undergo this procedure every 1-5 years).

ATTENTION! The right to additional days off can be used by either one or the other parent. In this case, such “vacation” is divided. For example, a mother took 2 days off to care for a child with disabilities. The father still has the right to take the remaining 2 days.

Submission procedure

The procedure for registering additional days off is specified in Resolution No. 1048 of October 13, 2014. The following stages of this procedure can be distinguished:

Submission of an application by one of the parents.
Providing the employee with all necessary documents.
Drawing up an order from the manager to issue additional days off. The document is drawn up according to the T-6 form or another template developed by the company.
The employee must be familiarized with the order against signature.

The employee indicates in his application those days for providing days off that are convenient for him. However, usually specific dates are determined after negotiations with the boss. For example, there is little work on Friday, and therefore the employer wants to send the employee on a day off on this particular day, so as not to interfere with work processes.

ATTENTION! The employer is obliged to provide the employee with additional days off if he has sent a corresponding application, to which he has attached all necessary documents. Otherwise, the company is fined in the amount of 30-50 thousand rubles or its work is suspended for up to 3 months. These penalties are established by part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Payment for additional days off

Article 17 of Federal Law No. 213 states that additional days off are paid by the Social Insurance Fund. Paragraph 12 of the rules established by Resolution No. 1048 of October 13, 2014 states that payment must correspond to the average salary of the employee. That is, for example, an employee receives 1,000 rubles per shift. Accordingly, his income for 4 additional days off will be 4,000 rubles.

IMPORTANT! The FSS often tries to refuse payments if part-time workers demand them. This is due to the fact that employees have already received compensation at their main place of work. However, this is illegal, since the worker can enjoy benefits at both places of work. This is stipulated by part 2 of article 287 of the Labor Code of the Russian Federation. Therefore, it is necessary to obtain all required payments from the Social Insurance Fund.

Unpaid leave

The right to additional leave at any time convenient for the parent is established by Article 263 of the Labor Code of the Russian Federation. There are the following options for using the provided days:

Joining the main leave (performed on the basis of a written application).
Division into parts.
Use all 14 days at once.

IMPORTANT! If an employee does not use his right in the current year, the vacation will not be carried over to the next year.

The following rules apply for granting additional leave:

Its total duration cannot be more than 2 weeks.
All vacation days are unpaid.
The employee determines the vacation period in accordance with own ideas. For example, he can go on vacation for a week in the first half of the year, and add the remaining week to his main vacation. The main thing is that the total duration of such weekends does not exceed 2 weeks.

IMPORTANT! All of the above points also apply to those parents who work part-time. At the second place of service, their employer is also obliged to comply with the requirements of Article 263 of the Labor Code of the Russian Federation.

Additional standards

All guarantees used by the parent cannot affect working conditions and other rights: provision of basic leave, accrual of length of service. The law also establishes some norms regarding the length of the working day:

If the shift duration is more than 4 hours, the employee must be given a lunch break.
The employee may be given reduced hours. To do this, he needs to draw up an application indicating a convenient work schedule.
Going on business trips, engaging in overtime work - all this, according to Article 259 of the Labor Code of the Russian Federation, is possible only with the consent of the parent in writing. The employee must first be informed of his right to refuse the employer.

Guarantees are provided as part of benefits for persons with disabilities.

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Who is a disabled child

A disabled child is a minor (under 18 years of age) who has:

A health disorder accompanied by a persistent disorder of body functions caused by injuries, diseases, or defects.
Complete or partial loss of the ability for self-care, independent movement, orientation, communication, control of behavior or learning.
The need to receive social protection measures, including rehabilitation and habilitation.

In this case, all of the listed signs must be observed simultaneously. That is, if a child has diabetes, but this does not affect his normal life activities in any way, he can take care of himself, move around, etc., then the ITU does not recognize him as disabled.

The decision to recognize a child as disabled is made by the ITU commission.

Category “child with childhood disabilities”: does it exist now?

Yes and no. Formally, the category “childhood disabled” existed until 2014, and when the child reached adulthood, he received this status. Now, upon reaching their 18th birthday, all disabled children undergo a new ITU commission, at which a disability group is determined for them - 1, 2 or 3, without the mark “disabled since childhood.”

For those who received this status before 2014, it is retained, as are all benefits provided for children with disabilities.

However, no benefits were provided for parents of children with disabilities either then (until 2014) or now. That is, in essence, the child’s disability as a basis for receiving benefits “works” until the child turns 18 years old.

Disabled child benefits for parents in 2018

In 2018, there are no fundamental changes regarding benefits for parents of disabled children, except for:

The entry into force of a new act with a list of diseases that are the basis for issuing additional meters of living space (formerly - Decree of the Government of the Russian Federation No. 817 of December 21, 2004, became - List of diseases, approved by Order of the Ministry of Health of November 30, 2012 No. 991n). The new list has increased by one point.
Changes in the pension amount compared to 2017 as a result of indexation.

Otherwise, the volume of benefits at the federal level remained the same. Regional authorities do not have the right to narrow it, that is, to “remove” any of the benefits by their local act, but they can, if the budget allows, introduce additional ones.

First, let’s take a closer look at the federal benefits in force in 2018.

Labor benefits for parents

Part-time work (Article 93 of the Labor Code of the Russian Federation)

Each parent can take advantage of this preference at their place of work. To do this, it is necessary to provide the employer with an ITU conclusion.

What to do next? If, after passing the MSA, an adult child is again recognized as disabled, the same Article 93 also mentions “caring for a sick family member on the basis of a medical report” as a basis for introducing an incomplete schedule. Therefore, in essence, this benefit will remain with the parents even when the child turns 18 years old.

Please note that remuneration for disabled parents is carried out on a general basis, that is, in proportion to the amount of work done or hours worked. But at the same time, the use of this benefit does not reduce vacation time, length of service and does not limit the employee’s other labor rights.

The right to refuse business trips to another region, going to work on holidays, weekends, at night or overtime (Article 259 of the Labor Code of the Russian Federation)

Additional 4 days off per month with preservation of earnings (Article 262 of the Labor Code of the Russian Federation)

This benefit is provided for one parent, or these 4 days can be “split” between parents at their discretion. To use it, you need to write an application to the employer. It is drawn up in the form approved by order of the Ministry of Labor dated December 19, 2014. No. 1055n “On approval of the application form for granting one of the parents (guardian, trustee) additional paid days off to care for disabled children.” A sample form is below.

To the Director of April LLC
Kolomoitsev Igor Igorevich
Senior Sales Manager
Gudzikov Ivan Ivanovich

Application for provision to one of the parents (guardian, trustee)
additional paid days off
for caring for disabled children

In accordance with Article 262 of the Labor Code of the Russian Federation, I ask you to provide me with additional paid days off to care for a disabled child on April 25-26, 2018 and April 29-30, 2018, in the amount of 4 calendar days.

I am attaching documents (copies of documents) provided for by the legislation of the Russian Federation for the provision of additional paid days off for caring for disabled children.

I confirm the accuracy of the information I provided.

The following documents must be attached to the application:

Certificate from the ITU office confirming disability;
A document confirming the child’s place of residence;
Child's birth certificate or document establishing guardianship/trusteeship;
A certificate from the second parent’s place of work stating that they did not use additional days off during the month of application or used them partially. If the second parent has died, gone missing, been deprived of parental rights or limited in them, is serving a prison sentence, is on a business trip for more than one month, and these circumstances can be documented, a certificate from the second parent’s place of work is not needed.

If parents did not use additional days off, then they are not carried over to the next month and are not cumulative in the future.

If there are several disabled children in a family, the number of days does not increase.

At the same time, additional days off are NOT PROVIDED to the parent of a disabled person during his:

The next annual paid leave;
"Free" vacation;
Leave to care for a child up to 3 years old.

In this case, the second working parent can fully exercise his right.

Use of annual leave at any time (Article 262.1 of the Labor Code of the Russian Federation)

Only one parent (or guardian, trustee) can take a vacation at any time convenient for him/her if the family is full.

Additional leave for the parent of a disabled child (Article 263 of the Labor Code of the Russian Federation)

It is a mandatory benefit if the corresponding clause is provided for in the collective agreement. The duration of the vacation is 14 days. However, wages for this period are not saved. Vacation is provided when it is needed and convenient for the employee, and not for the manager. It can be attached either to the main outlet or used separately. Unused additional vacation time cannot be carried over to the next year.

Early retirement (Article 32 of the Federal Law “On Insurance Pensions”)

Parents of a disabled person can retire 5 years earlier than the established age. However, this benefit is applicable only if you have a certain length of service:

For men, pension from age 55 – with 20 years of insurance coverage.
Women retire at age 50, with at least 15 years of service.

Counting child care time into the insurance period (Article 12 of the Federal Law “On Insurance Pensions”)

At the legislative level, the benefit is enshrined in Article 12 of the Federal Law “On Insurance Pensions”, but you can use it under certain circumstances:

the corresponding period is not counted towards the other parent when establishing an insurance pension;
the period of child care was preceded and/or followed by periods of work or other activity (regardless of their duration).

To the Branch of the Pension Fund of the Russian Federation
in the Kemerovo region

STATEMENT
able-bodied person caring for a disabled child

I, Kotenkina Evelina Georgievna, live at Kemerovo, Tsvetochnaya St., 13.

Date of birth: October 13, 1951

I ask you to establish the specified period of care for the purpose of counting it into the insurance period in accordance with clause 6 of part 1 of article 12 of the Federal Law “On Insurance Pensions”.

11/11/2008
E.G. Kotenkina

If the RF Pension Fund office refuses to enroll you, file a claim with the court, attaching a written unsatisfactory response to your application.

Prohibition on dismissal at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation)

However, such a preference is established not for all parents of disabled children, but for certain categories of them:

Single mothers raising a disabled child under 18 years of age, or single fathers, other legal representatives of a disabled person raising him independently;
Parents (legal representatives) who are the sole breadwinner of a disabled child under 18 years of age.

If your employer, despite the law, breaks off your employment relationship with you, you can appeal his actions to the court.

Tax benefits

Parents of a disabled child have the right to receive a monthly personal income tax deduction. The only condition is that the parent must officially work.

The personal income tax deduction is provided for this category of persons, clause 4, part 1, article 218 of the Tax Code of the Russian Federation and amounts to:

12000 rub.- for natural parents and adoptive parents.
6000 rub– for a guardian, trustee, adoptive parent, spouse of an adoptive parent.

You can receive a deduction for each disabled child if he has not yet reached 18 years of age (or 24 years of age if he is a full-time student and is a disabled person of group I or II).

The deduction is provided to each of the parents, that is, the full family actually receives a double benefit.

To take advantage of the benefit, you can choose one of the following methods:

contact the accounting department at your place of work with an application and documents confirming your right to receive benefits;
Fill out the 3-NDFL declaration yourself at the end of the tax year and send it to the territorial inspectorate of the Federal Tax Service, indicating the necessary information in the “tax deductions” column.

The fact is that personal income tax deductions are provided for all persons who have children (not only disabled people). “Disability” only affects the amount of the deduction.

In particular, below are examples of subjects in the Russian Federation in which the specified category of persons is completely exempt from paying transport tax:

Moscow
Saint Petersburg
Leningrad region
Volgograd region
Murmansk region
Sverdlovsk region
Chelyabinsk region

If you do not declare to the tax office that you are entitled to a deduction, the tax will be charged in full.

Housing benefits

Housing at public expense, if the family is registered as in need of improved housing conditions.
Compensation in the amount of 50% of the payment for the maintenance of housing (rent) and utilities (cold water, hot water, electricity, heating, wastewater disposal), as well as payment for the cost of fuel and transport for the delivery of this fuel - when living in houses, without central heating.
Compensation in the amount of no more than 50% of the contribution for major repairs.
Land for individual housing construction, farming and gardening.

At the same time, the law divides families of disabled people who can receive free housing into 2 categories:

Those that registered before January 1, 2005. There is a separate queue for them, consisting of preferential categories, including the same disabled people.
Those that registered after January 1, 2005. They stand in the general queue for housing without a priority right to receive housing first. As an exception, only families with a disabled person with a severe form of chronic disease, the list of which is specified in the Decree of the Government of the Russian Federation of June 16, 2006 No. 378 (11 grounds in total), are entitled to receive an apartment out of turn.

In terms of area, housing should be provided based on regional standards for minimum living space per person. In Moscow, for example, this norm is 18 m2. However, for diseases listed in Order of the Ministry of Health of the Russian Federation dated November 30, 2012 No. 991n, additional space may be provided, but not more than double the norm.

Transport benefits

Previously, benefits for travel on public transport were provided for by Article 30 of the Federal Law “On the social protection of disabled people in the Russian Federation.” Today this article has been excluded, but this does not mean that the benefit does not apply.

The fact is that disabled children and their parents are classified as federal beneficiaries who have the right to receive social services, including free travel on suburban railway transport, as well as on intercity transport to and from the place of treatment. But if they wish, they can replace the benefit in kind with a cash payment, which will be paid simultaneously with the monthly allowance, and in fact, will be part of it. From February 1, 2018, the amount of such payment will be 118.94 rubles.

Watch the video: benefits for disabled children and their parents:

Financial assistance to parents of disabled children

Parents of disabled children have the right to receive compensation if they are homeschooled. However, Article 19 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” states that determining the amount of such compensation is at the discretion of the constituent entities of the Russian Federation. That is, in order to find out exactly how the amount of compensation is calculated in your region, you need to check with the self-government authorities what act regulates this issue.
Monthly allowance for a non-working parent of a disabled child. For parents it is 5500 rubles, and for trustees, guardians, adoptive parents – 1200 rubles. But from April 1, 2018, indexation of these amounts is expected, so the indicated figures may soon no longer be relevant.

The official recipients of these benefits are the parents of disabled people. But at the same time, the state also allocates funds for disabled children themselves, which de jure are accrued to the children, and de facto go to the family budget. More details about all types of financial assistance that families that include disabled children receive are described in the article...

juresovet.ru

One of the parents (guardians, trustees, foster parents) of minor children with disabilities has a priority right to the next paid leave (Federal Law No. 242-FZ of July 13, 2015).

The order of provision of annual paid leave is determined by the vacation schedule, which is mandatory for both the employer and the employee (Article 123 of the Labor Code of the Russian Federation).

Federal Law No. 242-FZ of July 13, 2015 was introduced into the Labor Code new article 262.1 “The order of granting annual paid leave to persons raising disabled children.” Now employees with disabled children under 18 years of age are allocated special category with additional guarantees.

This means that, on the basis of the Labor Code of the Russian Federation, annual paid leave can be provided to such employees at their request at a time convenient for them - to carry out full care for the child, including his sanatorium treatment and summer vacation.

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation).

The same rule stipulates that separate categories employees are given annual paid leave at their request at a time convenient for them.

In addition, Article 262 of the Labor Code of the Russian Federation provides that one of the parents (guardian, trustee) to care for disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided between them themselves at their discretion.

The procedure for providing additional paid days off to one of the parents (guardian, trustee) to care for disabled children is established by Decree of the Government of the Russian Federation dated October 13, 2014 No. 1048.

Additional leave is granted by order of the manager based on an application and a package of documents:

a certificate from the Bureau of Medical and Social Expertise confirming the fact of disability. It is provided in accordance with the deadlines for establishing disability (once, once a year, once every two years, once every five years);
documents confirming the place of residence (stay or actual residence) of a disabled child (submitted once);
birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child (submitted once);
original certificate from the place of work of the other parent (guardian, trustee) stating that at the time of application, additional paid days off in this calendar month were not used or were used partially;
original certificate from the place of work of the other parent (guardian, trustee) stating that no application was received from him for additional paid days off this calendar month.

In Russia, more than 600 thousand children are disabled. Our article will help you understand what guarantees and benefits are provided to parents of disabled people in order to act competently in any situation.

Employment (hiring)

The Labor Code directly prohibits an employer from refusing to hire women for reasons related to the presence of children, regardless of whether they are disabled or not (part three of Article 64 of the Labor Code of the Russian Federation). This rule also applies to fathers raising children without a mother, guardians and trustees of minors (Article 264 of the Labor Code of the Russian Federation). When applying for a job, an employee is required to present to the employer a number of mandatory documents, but he is not obliged to inform the company about the health status of his child (Article 65 of the Labor Code of the Russian Federation).

Labor legislation provides for a number of benefits and guarantees for workers raising disabled children. In order to use them, the employee must present the child’s birth certificate and documents confirming his disability. Depending on the degree of impairment of body functions and limitations in life activity, children under 18 years of age are assigned the category “disabled child” (Part 3 of Article 1 of Federal Law No. 181-FZ of November 24, 1995, hereinafter referred to as Law No. 181-FZ)

To confirm the child’s disability, the employee must provide the employer with a certificate of the established form with the decision of the medical and social examination - MSE (Appendix No. 1 to the order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n). Disability can be established for a period of one year, two years or until the child reaches the age of 18 years. The specific deadline is indicated in the ITU certificate. Re-examination of children is carried out once during the period for which the child is diagnosed with a disability. Therefore, if the previous certificate has expired and the parents of a disabled child have not submitted a new one ITU certificate, benefits at the place of work are not provided to them.

Documents confirming the assignment of disability (certificate, examination report, etc.) must be kept in the employee’s hands; the employer can only keep copies of these documents.

Additional days off and holidays

One of the parents (guardian, trustee) to care for a disabled child, upon his written application, is provided with four additional paid days off per month (Article 262 of the Labor Code of the Russian Federation). Their payment is made at the expense of the Federal Social Insurance Fund of Russia. These days can be used by one of the parents or divided between them at their discretion. For example, this month the mother takes the day off, and the next the father takes the day off, or during the month the mother takes three days off and the child’s father takes one. If one of the parents does not work, the employed parent has the right to use all four days. To provide benefits, a parent of a disabled child must submit an application and submit a number of documents.

Document	How often does it seem
Child's birth certificate
A certificate from the social protection authority about the child’s disability indicating that the child is not being kept in a specialized children’s institution (for example, in a boarding school)	Once a year
Employee statement	Monthly
A certificate from the second parent’s place of work stating that they did not use paid days off during the corresponding calendar month. A certificate from the second parent’s place of work is not required if there is a divorce certificate, a death certificate of the second parent, or a court decision on the deprivation of the second parent parental rights or a document confirming that he is in prison	Monthly
In the absence of a certificate from the place of work of the second parent - a document confirming that the second parent does not work (copy work book etc.) or is a person who independently provides himself with work (certificate of registration as individual entrepreneur etc.), which is not entitled to take advantage of the specified benefit	Monthly

After considering the employee’s application and the attached documents, the employer needs to issue an order to provide additional days of rest.

Additional days off not used in the current calendar month are not carried over to the next month and are not compensated with money. If there are two or more disabled children in a family, the number of days off does not increase.

A collective agreement for parents raising disabled children may establish annual additional leaves without pay at a time convenient for them for up to 14 calendar days (Article 263 of the Labor Code of the Russian Federation). The specified leave, upon written application of the employee, can be added to the annual paid leave or used separately. Transferring vacation to the next working year is not allowed.

Important!

Regional branches of the Federal Social Insurance Fund of Russia often refuse to pay additional days off to part-time workers, citing the fact that they have already received the payment at their main place of work. However, the law says that part-time workers in such a situation have the right to enjoy all the guarantees provided for by labor legislation (part two of Article 287 of the Labor Code of the Russian Federation).

Therefore, four additional days off per month should be provided to a part-time worker who cares for a disabled child (Article 262 of the Labor Code of the Russian Federation). If a company violates this rule, it faces a fine of 30,000 to 50,000 rubles or suspension of activities for up to 90 days (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Sick leave

Sick leave when it is necessary to care for a sick disabled child under 15 years of age is paid for the entire period outpatient treatment or staying together with a child in a hospital treatment facility. At the same time, a restriction was introduced total duration such periods - no more than 120 calendar days in the current year for all cases of caring for this child (clause 3, part 5, article 6 of the Federal Law of December 29, 2006 No. 255-FZ).

The Supreme Court of the Russian Federation in the Decision of April 17, 2013 No. AKPI13-178 canceled the effect of paragraph 4 of paragraph 35 of the Procedure for issuing certificates of incapacity for work ( approved by order Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). This norm linked the payment of sick leave while caring for a child in an inpatient medical institution with acute illness or exacerbation of a chronic disease. A certificate of incapacity for work is issued and paid to employees in all cases of being in a hospital with a child.

Working conditions (features of working hours)

When concluding an employment contract, at the request of an employee who has a disabled child under the age of 18, he may be assigned a part-time working day (shift) or a part-time working week (part one of Article 93 of the Labor Code of the Russian Federation, Article 264 of the Labor Code of the Russian Federation). In this case, it can be shortened (clause 8 of the Regulations, approved by the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51, hereinafter referred to as the Regulations):

– number of working hours (part-time or shift);

– number of working days per week (partial working week, for example from Monday to Thursday);

– number of hours per day and working days per week (combination of part-time working hours).

If a woman’s working day exceeds 4 hours, she must be given a break for rest and food (clause 9 of the Regulations).

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Incomplete working hours may be established for an employee raising a disabled child, and when an employment contract has already been concluded with him. In this case, the employee must write a statement and indicate in it the required work schedule. After consideration of the application by the head of the organization with the employee, it is necessary to conclude an additional agreement to employment contract and issue the appropriate order.

Sending on business trips, engaging in overtime work, night work, on weekends and non-working holidays is possible only with the written consent of an employee who has a disabled child (Article 259 of the Labor Code of the Russian Federation). In this case, the employee must be informed in writing of his right to refuse this type of work.

It is advisable to keep a log of employees for whom benefits and additional guarantees are provided. It must indicate the type of guarantees provided and the duration of the benefit (for example, the date the disability ends or the date the child reaches 18 years of age). This will facilitate the work of the personnel department when considering issues related to involving employees in overtime work, sending them on business trips, dismissal, etc.

Restrictions upon dismissal (termination of employment contract)

A single mother or other employee raising a disabled child under the age of 18 cannot be dismissed at the initiative of the employer, in particular, due to a reduction in staff or number of employees (part four of Article 261 of the Labor Code of the Russian Federation). The only exceptions are cases where the employee committed a gross violation of labor duties, for example, absenteeism (subparagraph “a”, paragraph 6 of the first article 81 of the Labor Code of the Russian Federation).