For employees with a disabled child, labor legislationm a number of additional guarantees and benefits have been established. In this article we will look at them in detail.
1. Operating mode. At the request of one of the parents (guardian, trustee) who has a disabled child under the age of 18, the employer is obliged to establish a part-time working day (shift) or a part-time working week.
2. Involvement in night work. Employees with disabled children may be required to work at night (from 22:00 to 06:00) only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical certificate. Moreover, employees must be informed in writing of their right to refuse to work at night. These restrictions apply to both mothers and fathers of disabled children.
3. Involvement in overtime work. An employee with a disabled child, may be involved in overtime work only with his written consent and provided that this is not prohibited by medical recommendations. In addition, the employee must be informed in writing of his right to refuse such work.
4. Work on weekends and non-working days holidays. Mothers and fathers, guardians and trustees with disabled children may be involved in work on weekends and non-working holidays only with their written consent and provided that this is not prohibited by a medical certificate and they are familiar with their right to refuse.
5. Business trips. An employee with a disabled child, may be sent on a business trip only with his written consent and provided that this is not prohibited by medical recommendations. In addition, the employee must be informed in writing of his right to refuse a business trip.
6. Guarantees upon dismissal. Termination of a contract with single mothers raising a disabled child under the age of 18, or other persons raising these children without a mother, at the initiative of the employer is not allowed (except for the liquidation of the enterprise, or on grounds related to the guilty behavior of the employee himself).
7. Additional days of rest. One of the parents to care for a disabled child om, upon his written application, is provided with four additional paid days off per month. Payment for each additional day off is made in the amount of average earnings and in the manner established by federal laws. These days off can be used by one parent or shared between them at their discretion.
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.
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 hiring, an employee is required to present a number of mandatory documents to the employer, and 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 the disabled child have not submitted new certificate ITU, they are not provided with benefits at the place of work.
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.
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, the mother takes the day off this month, and the father takes the next month, 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.
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Document |
How often does it seem |
|
Child's birth certificate |
|
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Authority certificate social protection population 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 |
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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 |
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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 of the work book, etc.) or is a person who independently provides himself with work (certificate of registration as an individual entrepreneur, etc.) who is not entitled to take advantage of this 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, lasting up to 14 days. calendar days(Article 263 of the Labor Code of the Russian Federation). The specified leave, upon the 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 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 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 clause 35 of the Procedure for issuing certificates of incapacity for work (approved by order of the 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 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.
Upon conclusion 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 (part-time work 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, it is necessary to conclude an additional agreement to the employment contract with the employee and issue an 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.
The state takes care of its citizens, in particular, children, especially if they have serious problems with health. If a child is disabled, benefits for parents or guardians are provided in mandatory, and concern almost all areas of life.
Disabled child: benefits for parents or guardians. (The state shows increased concern for disabled children)
When it comes to children and adolescents under 18 years of age, disability is assigned without gradation by group. Serious health problems are considered as grounds for making such a decision. A conclusion on disability is made by a special commission and does this based on the results of a medical and sanitary examination.
In 5 tbsp. The rules for recognizing persons with disabilities clearly list all the grounds for establishing disability:
Important! In order for the commission to make a decision on assigning disability, all three conditions must be met simultaneously.
If we talk about the timing of assignment of disability, they are determined by the severity of the illness and general condition health. When there is a chance of cure or significant improvement in the situation, disability is given for 1-2 years. At re-execution ITUs can leave you on disability for up to 5 years. If the commission noted a deterioration in health or a persistent lack of improvement, disability may be granted until the person reaches 18 years of age.
Important! Full list diseases and disorders for which a child is given a disability are presented in the appendix to the above-mentioned rules. There are 23 points in total, including cancer.
We understand that when it comes to a disabled child, he needs special attention and care. At the same time, parents cannot fully lead labor activity, require financial support from the state. Thus, benefits are provided in a fairly wide range.
Disabled children are required to receive a pension. You can learn about the procedure for calculation and payments from the Law of the Russian Federation “On State Pensions”, Art. 17, 21, 38, 113, 114, 115. Currently, the amount of pension accruals has reached 12,000 rubles. Size social pension can be increased at the regional level, but it cannot be reduced.
Additionally, in addition to the pension, children receive social benefits. Their value ranges from 2600 rubles.
Non-working persons (parents, guardians) who care for a child are awarded special compensation payments. They are produced monthly and amount to 60% of the officially approved minimum wage. In practice - this is approximately 5500 rubles.
If a woman raised a disabled child under 8 years of age, she begins to receive a pension from the moment she reaches 50 years of age. To do this, one condition must be met - having 15 years of work experience. This period includes all the time the mother cared for a child with a disability. All these points are spelled out in the Law of the Russian Federation “On State Pensions”, Art. 11, 92(b).
To apply for compensation benefits, which are paid to persons caring for a disabled child, regardless of the degree of family relationship, it is necessary to collect the following documents for the Pension Fund:
Submitted documents are reviewed within 10 days. Payments begin on the 1st of the month. If a decision is made to refuse, it is announced within 30 days.
Working parents or guardians of disabled children are provided with the following labor benefits
A woman caring for a disabled child under 16 years of age has the legal right to work part-time and part-time. Labor is paid proportionally, depending on the time worked. This procedure is prescribed in the Labor Code.
Also, the mother cannot be left overtime or sent on business trips if she has not agreed to this herself.
An employer does not have the right to refuse a woman employment or reduce wages because she has a child with disabilities.
If a mother is raising a disabled child on her own, the Labor Code prohibits dismissing her from work. The only exceptions are situations when we are talking about the complete liquidation of the company. But, in this case, the woman must be given a new job. This procedure is prescribed in Articles 54 and 170 of the mentioned document.
Also, one of the parents raising a child with disabilities will receive 4 additional days off per month. They can be used by one person or each parent for 2 days.
Leave is granted to the father or mother at any time convenient for them.
Important! If one of the spouses plans to take additional days off or vacation, he must provide the employer with confirmation that the other spouse did not use these benefits. Both parents can simultaneously exercise only the right to refuse business trips or overtime work.
They are provided to one of the parents. The procedure is regulated by clause 4 of Art. 218 part 2 of the Tax Code of the Russian Federation. It is noted here that either the father or the mother is given a tax deduction of 12,000 rubles. It is calculated every month. If a disabled child is raised by guardians or trustees, a reduced deduction applies to them, and its amount is 3,000 rubles.
They are regulated by the law on social protection of disabled people. Information on the topic is indicated in article 17. It is noted here that families raising a child with disabilities can count on the following:
Additionally, the family can count on expanding the living space. It is possible in a number of situations that are prescribed in Decree of the Government of the Russian Federation No. 817 of December 21, 2004. Since 2018, the updated list has come into force dated November 30, 2012 No. 991n.
Families raising a child with a disability are provided with benefits and payment utilities. The amount of payments is reduced by half. This benefit applies to housing from the category of premises for social rent.
In accordance with Art. 9 of Law No. 181-FZ, every child with disabilities and problematic health has the full right to the necessary rehabilitation. Therefore, public medical and other institutions must provide free of charge:
All the benefits that you can count on in this situation are listed in Order No. 2347-r dated December 30, 2005. On the topic of treatment, clarification is given by the order of the Ministry of Health and Social Development No. 328 of December 29, 2004.
If a child is raised by a single mother, she has the full right to enjoy all the necessary benefits provided for families with disabled children. Additionally, she is provided with preferential programs designed for single parents.
A disabled child, as well as the person accompanying him (mother, father or guardian) have the full right to free travel on city public transport. Only taxis do not fall into this category. To obtain the right not to pay the fare, you must present the driver with a disability certificate, as well as a document confirming family connection the child and the person accompanying him.
Additionally, the state has provided the following benefits:
Additional privileges may be provided, depending on the regional charter, as well as the health status of a particular disabled child.
Every child with a disability has every right to attend kindergarten, school. These can be regular or special institutions. Benefits for parents include a simplified admission scheme, discounts or complete absence need to pay tuition fees.
If a disabled child needs education and upbringing at home or in a non-governmental institution, in such situations parents can also count on preferential conditions. The detailed procedure is prescribed in Decree of the Government of the Russian Federation dated July 18, 1996 No. 861.
Special children need special care. The country guarantees the provision of rights and benefits to disabled children and their families. The authorities regularly make adjustments in accordance with the wishes and needs of citizens. Below are benefits for parents of disabled children in 2018.
In addition to the money provided to families with children, there are separate ones provided for special families.
Social authorities The protection of the population is obliged to inform about the assistance provided by the state, but in practice this does not always happen, due to the human factor. Self-study a caregiver such as important issues will help you understand your rights and receive all the benefits that are regulated Federal Law and local government bodies. The list includes:
It’s worth understanding each in more detail and finding out the amount of benefits for 2019. Financial literacy will help to avoid losses and deprivations of the guaranteed volume of services.
A tax deduction implies a reduction in wages subject to tax in a certain amount. If the representative or caregiver of a child with a disability receives a payment of 25,000 before taxes, then the benefit amount will be deducted from this amount first, and the remaining amount will be taxed income tax in the amount of 13% according to the Labor Code.
In 2018 size of preferences for tax deduction depends on the employee’s status in relation to the child:
The benefit is provided to each of the employed parents (guardians), and for a single mother or father it is multiplied by 2.
The benefit is provided to parents or guardians until the annual income in total does not exceed 360,000 rubles. From the date on which the value is exceeded, payments will stop until the end of the year. After the onset of a new period, they will resume.
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08.12.2018
Following the example with the salary of each working parent being 25,000 rubles, the final salary will be:
Thus, monthly earnings will be 12,000 + 11,310 = 23,310 rubles.
If a parent does not exercise his right to a tax benefit, his salary will be 25,000 - 13% = 21,750 rubles.
A single mother or father will receive payment in the amount of 24,870 rubles.
You can write an application remotely on the website or in person at the tax office. It will take a little time, but will significantly increase the salary for your work. The well-being of a social unit depends on the readiness for a responsible approach.
Relatives and families raising a disabled child are provided with benefits related to his or her housing. This problem is acute throughout the country; special people are in exceptional need of a comfortable and spacious place to live.
Every month, after paying 100% for housing and communal services, the family receives compensation in the amount of 50% of the amount paid.
Part of the fee for major repairs is compensated in the amount of up to 50%.
Provided land plots for individual (individual housing construction) formation for running auxiliary and suburban farming.
Housing is provided for families on a waiting list (not necessarily for the original reason for helping families with a child).
Since 2006, the criteria for obtaining housing have changed. Families who registered before this year are included in the preferential priority list; they are provided with residential properties before others. Parents with a disability who registered after a given year are included in the queue for normal conditions. The exception is children with a severe progressive illness or an individual decision of local authorities.
For Moscow, the provided area is calculated at 19 square meters. m. for each family member living with a disabled person.
If a family has been on a waiting list for more than 10-15 years, they should seek clarification from the local government or the presidential administration. In this way, a situation of prolonged inactivity can be resolved more quickly.
The issue of delivering a person to the point of providing him with help is quite acute. Regional benefits do not exclude federal ones, but new ones can be increased or new ones added. On given time The article of the Federal Code of the Russian Federation, guaranteeing free travel for children and relatives (guardians), has been abolished. But in many regions this benefit has been preserved and is provided in full.
To take advantage of this right in Moscow, you must apply for a Muscovite social card. You can check with local government institutions about registration in other cities.
Federal benefits for providing free travel to the place of treatment, rehabilitation and back have not changed and are given free of charge. This serves as an invaluable help to many.
Families with disabled children can also receive a partial or 100% discount on the payment of tax for registered vehicle. Size and capacity are regulated by local governments. The only condition is quantity horsepower car should not exceed 150 units.
There are several types of payments promised to relatives and children, regulated by Federal legislation:
Benefits are cumulative and not mutually exclusive. But it is worth remembering that they are part of the family’s income in the eyes of the state and can lead to removal from the queue (the family is there due to low income). Payments may also affect other opportunities provided to the family depending on the overall profit.
The amount of the compensation fee is not taxed and is given in full.
Every working person who is dependent on a disabled person has a justification for a number of benefits provided for by labor law. A person has the right to enjoy priority or not.
Both working representatives have a reason to work part-time. The work schedule is drawn up in relation to the desires and capabilities of the employee, not the manager. The right is granted until the child with disabilities reaches the age of majority.
The amount of income in this case will be paid depending on the number of hours worked. However, work experience and the main vacation time will not decrease.
Each of the relatives or representatives has the right to refuse work on public days off and holidays, overtime and secondment to other areas. The right to agree exists in the same way as for employees working on a general basis.
Additional paid four vacation pay per month to mothers and fathers (not for one). If the employer refuses to provide such a right, the employee has the right not to go to work and this will not be considered absenteeism. Whenever conflict situation You should write a complaint to the labor inspectorate. The amount of vacation pay can be used by one person or two can share it among themselves. Days are provided once a month; transfer to the next month or year is not possible.
During the period of leave (child care, paid or unpaid) additional days are not provided. The right can be used before or after the holiday.
The right to choose when to go on annual leave at your own discretion for one of the parents caring for the child.
The local agreement may provide for additional annual paid rest for a period of 14 days.
Subject to the existence of an employment contract, the employer is not authorized to prevent the employee from receiving the required preferences and is obliged to provide them upon request. If the situation cannot be resolved peacefully, you should file a complaint with the labor inspectorate. The absence of a contract makes a person non-working in the eyes of the state.
In addition to regular child care assistance, there is a separate one for caring for a disabled person. It comes in two types:
The size can be increased in correlation with the coefficient valid in regions with difficult climate conditions.
The Duma has put forward for consideration a bill to extend child care payments to a non-working person from 1.5 years to 3. According to TASS, it has passed the first reading and may come into force in the next years.
The state provides:
An application for inclusion and termination of registration in the insurance period must be submitted to the pension fund by the citizen independently. In case of termination of care, the parent is obliged to submit an application to the Pension Fund immediately; money for illegal deductions will have to be returned.
Payments are provided not only to relatives, but also to the disabled person himself. The amounts are current for 2018 and 2019. they will be indexed:
A disabled person can take them until he reaches adulthood or up to 25 years of age, subject to full-time education.
Set of social services are guaranteed unless the representative refuses them and does not receive compensation. The list includes:
In case of refusal to provide NSO, in 2018 the family receives a monthly compensation supplement in the amount of 1076.20 rubles per 30 days. Knowing and being able to use approved benefits is the duty and right of parents raising a disabled child.
For the period of initial admission to a secondary or higher educational institution for a bachelor’s and specialist training program, a child with disabilities or a disabled person certain type(if the child reaches 18 years of age and receives a new status), the following benefits apply:
Benefits are provided once, regardless of status educational institution. Once college eligibility is used, benefits cannot be reused for college admission.
Disabled children and children with disabilities can rely on real support from the state. EDV, the size of which depends on whether the NSO is used in full or 100%. For 2018, the amount of such payments is indexed and amounts to:
The amount of EDV is indicated in a smaller amount. If the NSO is rejected, it may be exaggerated by 1076.20 per month.
Previously, upon reaching the age of 18, disabled children had the status of a childhood disability; at the moment, this status is not assigned, but a disability group corresponding to the disease is given. Disability may not be awarded at all if the disease does not meet the criteria of any of the groups.
Free drugs and supplies include a wide, constantly updated list. A complete list of Russian and foreign auxiliary drugs is provided in medical institution, government agencies and on government websites.
Parents must have documentation to provide each medication or technical means. A prescription or recommendation is written by the attending physician.
The responsible person and the disabled person have the opportunity to undergo an annual sanatorium treatment for a period of 22 days. Treatment involves providing medical services to restore the child's health. The goal is to increase the period of remission and improve health through procedures, a favorable climate and drug treatment.
The procedure for obtaining a ticket is not complicated:
One of the responsible persons has the right to take the child for treatment. The employer is obliged to provide time off in this case, regardless of the working vacation schedule.
According to the provisions of the Federal Law, this benefit does not apply, but in the vast majority of cases it is provided by local legislative bodies.
The exception is the right to free travel to the point of treatment and is given free of charge.
To summarize, free services for children with disabilities include:
You should find out about additional preferences in the region from local authorities.
Registration will not take much effort and time. State institutions are aimed at providing them to all citizens raising a disabled person. In practice, medical, educational and social institutions, pension authority and official Internet portals.
Registration stages include:
The approach to design becomes less bureaucratic and more intuitive.
Documents for registration include:
When receiving specific preferences, additional documents may be required - a death certificate of the breadwinner, a document of the other parent, certificates of non-receipt of payments, and others.
In Moscow, an application for the purchase of services can be written at the “My Documents” centers, social security authorities, Pension Fund and remotely on the city services portal.
Most results regarding the assignment of benefits to a child with a disability are provided within 10 calendar or business days from the date the parent submits the application.
Payment amounts of different nature are regularly indexed. Many of them have increased several times compared to what they were in 2016-2017 (the monthly allowance since 2018 is 10,000 rubles instead of 2,000-4,000 rubles in 2016), and some have been added (providing compensation for the purchase of children's clothing in the amount 10,000 rubles from this year). At the moment, the amount of all guaranteed federal payments is:
In addition to federal payments, there are also regional ones. Thus, the amount of payments, subject to their execution, partially covers the cost of food and accommodation for a family with a disabled person. Considering that in addition to cash, the state provides free treatment, restoration, habilitation, rest, transportation of the child and his parents, many families consider the paid assistance worthy, and some create petitions for an increase. Payments will gradually increase, and the list of benefits will be replenished.
On the difficult path of life with a disabled child, parents face problems, difficulties and trials. State support for families with individual needs, aimed at helping in the recovery, rehabilitation and habilitation of children, helps to overcome them. Every parent has the right to know and receive due payments, preferences and conditions that are regulated by Federal Law and regional local government bodies.
