Leave for caring for a disabled child. Rights of parents of disabled children

Not everyone is able to take care of a disabled child, so the state is ready to support those who have had the courage to take such a step. Now there are laws on holidays, which give several additional days for adults responsible for disabled people, as well as a number of normative acts regulating financial assistance to such families. If you know the norms of laws and be able to use them correctly, you can provide yourself a good help. But remember - social assistance to disabled children is given only to those who are able to overcome the bureaucratic machine. And for this you will have to make some efforts.

general information

If an adult has a permanent place of work, as well as a minor disabled child, then the law guarantees him the following privilege: the owner of the company is obliged to grant leave for 4 days. They are entitled to a salary, and regularity - once a month. Simply put, every month 4 days can not work, spending time with the child, getting paid for it, calculated as vacation.

On the privileges of the person responsible for a minor disabled is told by the TC in Article 262. But the employer must take into account a number of important aspects to provide a period with the payment of money legally, taking into account the interests of the employee, their own.

Give leave and pay

An additional vacation is paid for the care of a disabled child with money allocated for compulsory social insurance. The basis for accounting calculations is the average salary of a specialist. If a child has only one guardian, then he enjoys great privileges.

The procedure for granting benefits is described in the government decree adopted in 2014 under the number 1048. From the official document it follows that the employer is obliged to issue an internal order for the enterprise, and only on the basis of it will the rights of the parents of the disabled child be respected. This paper is made every month.

The basis for the order is a statement written by a parent who wishes to receive a privilege. In this application, the interested person indicates how often he needs free days. You can indicate that there is a desire to take advantage of the opportunity every month or to walk off the prescribed quarterly. The leave law allows you to choose the right days at once a year all or take as much as you need, then, when it is required.

All officially and legally

Benefits for disabled children and their parents do not just give. First you need to get official documents confirming the status of both the disabled person and his guardian. In our country, laws regulate the features of the presentation of a number of documents. This applies to situations where there is an unemployed parent, an entrepreneur or someone working in private practice. In addition, such circumstances are possible, when it follows from the documents that one of the parents does not have the opportunity to look after the child.

It is possible that in a particular month one parent already used part of the prescribed days. Others can walk off the second parent. The law allows such a "redistribution". At the same time, by law, an annual additional paid vacation can not overlap with another. It is inadmissible to apply for a period of unpaid leave. Finally, it is necessary to control that the period does not coincide with the time, which by law is allotted for caring for a child less than three years old.

Features of the conditions

The law obliges to provide an annual additional paid vacation both in the case of one disabled child and with a greater number of such children. The duration does not depend on the number of persons being guarded. If parents do not use their days for a certain month, you can not transfer them to another time interval - for example, you can not transfer to the next month.

Regularly, accountants are faced with the need to calculate the length of working time. This account determines how many days off with a payment parents of the invalid can take to themselves. To calculate the compensation for this day, take the average wage. To gain access to all these privileges, the employee needs to issue a special application. Its form is documented in the order entered into force in 2014 under the number 1055n. The application must be submitted regularly, as often as possible - jointly decided by the head of the enterprise and the employee claiming the advantages. To decide in favor of this or that variant, it is necessary to analyze how often paid days are needed.

Everything for the employee: we draw up correctly

Under the law, the employer gives employees leave to care for the disabled child, based on the application. This document is used as the basis for issuing an order for the enterprise. You can arrange it arbitrarily, focusing on the standards adopted by the company.

Allowing staff to take additional days to care for a disabled child, the employer in the order necessarily prescribes the full name of the person to whom this privilege relies, the post. Specify the exact time limits of the free time period. Be sure to write "black and white", for what reason are given days off, and also specify how to charge for this time interval payment. A separate line is devoted to acquaintance with the order of the employee himself. As the order is approved and signed, the employee responsible for the workflow at the enterprise makes a copy and passes it to the one who wants to receive additional days for caring for the disabled child. For this he receives a signature on the original, remaining in the archives of the company.

The bureaucratic machine in action

According to the practice in our country of documentary maintenance of the enterprise, only applications and orders are not enough to issue leave for caring for a disabled child. In addition, it is necessary to provide the department responsible for the office management with a certificate confirming that the child is indeed an invalid. It should be formalized in a standard form, introduced in 2010 by order of the Ministry of Health.

Also as documentary accompaniment are:

• Documents from which it is possible to establish the place of residence of the disabled person;
• Birth certificate or documentation, from which follows, who is the guardian of the child;
• A certificate from the workplace of the second parent, if any, about the days taken for the care of a disabled child in the current month.

Note!

In our country, various benefits (including a pension for disabled children) are only reimbursed if the child's status is confirmed in the form of an official certificate. This can be done in a medical institution. It is given for a strictly defined time interval and beyond its power does not have.

Disability can be established for a year, two years, five years. It is possible to obtain such a certificate, which once and for all will establish the status of the child. The nature of health problems determines which document will be issued when the commission is completed. Accordingly, when receiving the next certificate, it will be necessary to apply it already to the application, and not the old piece of paper that is losing its validity.

Special situation

You can get a leave to care for a disabled child in the event that one of the two parents does not have a formal job placement. In this case, the one who works as an accompanying document to the application applies a certificate confirming the absence of work for the second member of the family.

One of the parents can have a private practice, open their own company or work as a notary, lawyer. In these and similar cases, the person who works, when submitting the application, provides a certificate confirming the legal status of the spouse. Under the law, the employee is responsible for providing truthful, honest information to the employer, who uses the data obtained to calculate additional payments.

We provide the paper correctly

Some of the above listed papers can be provided by a special, simplified scheme due to obvious reasons. For example, a certificate from the place of work of the second parent is not needed in the event that this person has died. It is enough to produce a document officially confirming the fact of death. A similar situation exists for those who are recognized as missing.

Also, no documents are required in the event that one of the parents has no parental rights in court or they have been formally restricted. Applicant for the weekend guardian can provide a certificate confirming that the spouse is in a place of deprivation of liberty or on a business trip lasting more than a month. All these options make an extra reference from the place of work of the second parent, the guardian.

We divide privileges into several persons

It has already been mentioned above that only in this case one can count on the provision of benefits from the employer (for the case when the second parent in the family and works officially), when there is a certificate from the workplace of the spouse, confirming how many days they were chosen in the month for Care for the child. From this it is already possible to assume that four days laid down by law can be divided between two guardians of a disabled person.

Under current regulations, each parent can take 4 days or use this period in part. If one of the two takes all the days, the second will not get anything, but if 1, 2 or 3 days were taken, then the rest of the time is available for the spouse. For the employer and for the laws does not play a role, according to what principle in the family they distribute their 4 days. These benefits, like many others (for example, a pension for disabled children) are spent as the guardians of a particular child decide, taking into account the situation in the family. After making an internal decision on the distribution of days, each of the parents writes an application at their enterprise and receives the privilege they have been given.

And sometimes you can not

There are a number of situations that fall under restrictions. The parents who are in them can not count on the weekend every month with payment for this time from the employer. This applies to those days in the month that fell on vacation, already paid by the company, as well as the period of leave taken without payment. If the child has not yet reached the age of three, then no 4 days are given monthly either, even if a person has been disabled since birth.

But if one parent is, for example, on paid leave, the other for this month has all the rights to take four additional days, for which he will be paid a salary calculated on average.

Take it, while they give - then there will not be

According to the law, 4 days are laid during a calendar month. This means that outside of it they seemingly do not exist, so to speak, "burn out". If in a certain month the parent did not write the application and did not take the period for him to care for the child, then he will not be able to do it again.

Simply put, according to the laws of our country, a month can only be 4 days or less, but no more, to increase this period no machinations will fail. There is an opinion among people who do not have special education that it is possible to transfer days from one period to another, to sum up several months and to receive a long full-fledged additional vacation, for which the employer will pay. In fact, our laws do not allow this. It is possible to receive within a month four days, distributed to one or two trustees - depending on how many they have for the disabled person.

And what else can you get?

In addition to additional paid vacation, people who raise disabled children can count on some of the privileges granted to them through different social institutions. So, you can receive a small amount every month from the state. It is placed for those parents who bring up disabled children, as well as for people caring for the disabled of the first group, whose membership in this category was established from an underage age.

By law, the funds paid to the guardian in this case are compensation for the fact that a person is not able to work, because he is taking care of a disabled person and cares for him. Currently, parents can expect to receive an amount of 5,500 rubles, and if care has fallen on the shoulders of another person, then under the law will pay 1,200 rubles. But the state gives not only money, it also calculates the length of service. This means that caring for the disabled person will affect when the time comes to calculate the old-age pension.

Labor Benefits

Benefits of this category in our country are diverse - these are holidays, paid extra weekend, the opportunity to retire earlier than the due date. In some regions additional standards can be introduced that improve the situation of parents who raise disabled people. You can find out about this in the social assistance fund.