Not everyone is able to take care of a disabled child, therefore the state is ready to support those who have the courage to take such a step. Now laws on holidays are in force, which give adults with responsibility for disabled people a few extra days, as well as a number of regulations governing 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 a certain adult has a permanent place of work, as well as a disabled child, then the law guarantees him the following privilege: the owner of the company must provide a vacation of 4 days. They rely on salaries, and regularity - once a month. Simply put, every month 4 days you can not work, spending time with the child, getting paid for this, calculated as vacation pay.
On the privileges of the person in charge of a minor with a disability tells TC in article 262. But the employer must take into account a number of important aspects in order to provide the period with the payment of money legally, taking into account the interests of the employee, his own.
Provide vacation and pay
Paid additional leave to care for a disabled child with money allocated for compulsory social insurance. The basis for accounting calculations is the average salary of a specialist. If the child has only one guardian, then he is entitled to great privileges.
The procedure for providing benefits is described in the Government Decree No. 1048 adopted in 2014. It follows from the official document that the employer must issue an internal order for the enterprise, and only on its basis will the rights of the parents of a disabled child be respected. Such paper is drawn up every month.
The basis for the order is a statement written personally by a parent who wants to receive a privilege. In this statement, the person concerned indicates how often he needs free days. You can indicate that there is a desire to take advantage of the opportunity every month or take a walk on a quarterly basis. The law on holidays allows you to choose the required days at a time every year or take as much as you need, when necessary.
Everything is official and legal
Benefits for children with disabilities and their parents do not give just that. First you need to get official documents confirming the status of both the disabled person and his guardian. In our country, laws govern the presentation of a number of documents. This applies to situations where there is an unemployed parent, entrepreneur, or someone earning extra private practice. In addition, circumstances are possible when it follows from the documents that one of the parents is not able to care for the child.
A situation is possible when in a particular month one parent has already used part of the set days. Others may walk off the second parent. The law allows such a “redistribution”. At the same time, according to the law, annual additional paid leave cannot overlap with the next. The imposition of unpaid leave is also unacceptable. Finally, it is necessary to ensure that the period does not coincide with the time that the law provides for caring for a child under the age of three years.
Features of the conditions
The law obliges to provide annual additional paid leave both in the case of one disabled child and with a larger number of such children. Duration does not depend on the number of wards. If for some month the parents did not use the days given to them, you cannot transfer them to another time period - for example, you cannot transfer to the next month.
Regularly accountants are faced with the need to calculate the length of time. This account determines how many days off with payment the disabled parents can take for themselves. To calculate the compensation for this day, take the average earnings. To get access to all these privileges, the employee needs to issue a special application. Its form is documented in an order entered into force in 2014 under the number 1055. The application must be submitted regularly, how often - jointly decided by the head of the enterprise and the employee claiming advantages. To decide in favor of one or another option, you have to analyze how often paid days are needed.
Everything for the employee: we make out correctly
According to the law, the employer gives staff leave to care for a disabled child, based on the application received. This document is used as the basis for issuing an order for the enterprise. You can issue it arbitrarily, focusing on the standards adopted by the company.
Allowing the staff to take additional days to care for a disabled child, the employer in the order must fully prescribe the name of the person to whom this benefit is due, position. The exact time limits of the free time period are indicated. Be sure to write “black and white”, for what reason weekend days are given, and also indicate how to charge for this time period. A separate line is devoted to familiarization with the order of the employee. As the order is approved and signed, the employee responsible for the workflow at the enterprise makes a copy and passes it to someone who wants to receive additional days to care for a disabled child. For this, he receives a signature on the original, remaining in the archives of the company.
Bureaucratic machine in action
According to the practice in our country of maintaining documentation of the enterprise, just a statement and an order are not enough to take leave to care for a disabled child. In addition, it is necessary to provide a certificate confirming that the child is really disabled with the department responsible for office work. It should be drawn up in a standard form, put into effect in 2010 by order of the Ministry of Health.
Also as documentation support are:
- documents from which it is possible to establish the place of residence of the disabled person;
- birth certificate or documentation from which it follows who is the guardian of the child;
- a certificate from the workplace of the second parent, if any, about the days taken as leave for the care of a disabled child in the current month.
Note!
In our country, various benefits (including a pension for children with disabilities) are reimbursed only if the status of the child is confirmed in the form of an official certificate. This can be issued at a medical institution. It is given for a strictly defined time period and beyond it has no force.
Disability can be established for a year, two years, five years. It is possible to get a certificate that will establish the status of the child once and for all. The nature of health problems determines which document will be drawn up when passing the commission. Accordingly, upon receipt of the next certificate, it will be necessary to attach it already to the application, and not the old piece of paper, losing its force.
Special situation
You can get leave to care for a disabled child in the event that one of the two parents does not have official employment. In this case, the one who works, as an accompanying documentation, attaches a statement confirming the absence of work from the second member of the family.
One of the parents can have a private practice, open his own company or work as a notary, lawyer. In these and similar cases, the one who works, upon submission of the application, provides a certificate confirming the legal status of the spouse. According to the law, the employee is responsible for providing truthful, honest information to the employer, who uses the data to calculate additional payments.
We provide papers correctly
Some of the papers listed above may be provided in a special, simplified scheme due to obvious reasons. For example, a certificate of employment of the second parent is not needed if this person has passed away. It is enough to present a document officially confirming the fact of death. A similar situation is for those who are reported missing.
Also, no documents are required in the case when one of the parents in the court does not have parental rights or they were officially restricted. A guardian applying for a weekend can provide a certificate confirming that the spouse is in prison or on a business trip lasting more than a month. All these options make the certificate from the place of work of the second parent, the guardian, unnecessary.
We divide privileges on several persons
It has already been mentioned above that only if you can rely on benefits from the employer (for the case when the second parent in the family works officially), when there is a certificate from the spouse's place of work confirming how many days he was chosen in a month for child care. From this it can already be assumed that the statutory four days can be divided between two guardians of a disabled person.
Under current regulations, each parent can take 4 days or use this period partially. If one of the two takes all days, the second will not get anything, but if 1, 2 or 3 days were taken, then the rest of the time is available to the spouse. For the employer and for the laws, it does not matter by what principle the 4 days laid down by him are distributed in the family. These benefits, like many others (for example, a pension for children with disabilities) 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 allocation of days, each of the parents writes a statement at his company and receives the due privilege.
And sometimes you can’t
There are a number of situations that are subject to restrictions. Parents who find themselves in them cannot count on weekends 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 vacation taken without payment. If the child has not yet reached the age of three years, then every month no 4 days are also due, even if the person received disability status from birth.
But if one parent is, for example, on paid leave, the other for this month has every right to take four additional days, for which he will be charged the average wage.
Take it while they give it - then it won’t be
According to the law, 4 days are laid during a calendar month. This means that beyond it they seem to not exist, so to speak, “burn out”. If in some month the parent did not write a statement and did not take the period set for him to care for the child, then he will not be able to do it later.
Simply put, according to the laws of our country, a month can only be 4 days or less, but not more, to increase this period by any fraud will not work. There is an opinion among people who have no special education that it is possible to transfer days from one period to another, summarize several months and get a long full-fledged additional vacation for which the employer will pay. In fact, our laws do not allow this. You can get four days in a month, distributed to one or two guardians - depending on how many of them have a disabled person.
What else can you get?
In addition to additional paid leave, people raising children with disabilities can rely on certain privileges provided to them through various social institutions. So, you can get a small amount from the state every month. It is intended for those parents who bring up children with disabilities, as well as people caring for people with disabilities of the first group, whose membership in this category was established from a minor age.
According to the law, the funds paid to the guardian in this case are compensation for the fact that the person is not able to work, as he takes care of the disabled person, takes care of him. Currently, parents can expect to receive the amount of 5,500 rubles, and if the care fell on the shoulders of another person, then by law they will pay 1,200 rubles. But the state gives not only money, it also accrues seniority. This means that caring for a disabled person will affect when the time comes to calculate an old-age pension.
Labor benefits
The benefits of this category in our country are diverse - these are holidays, paid extra days off, the opportunity to retire ahead of schedule. In certain regions, additional standards may be introduced to improve the situation of parents raising disabled people. They can be prompted on this issue by the social assistance fund.