home Adviсe October 13, n 1048. Documents. Rules for providing additional paid days off for caring for disabled children

October 13, n 1048. Documents. Rules for providing additional paid days off for caring for disabled children

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 among themselves at their discretion .

The procedure for providing such days is established by Resolution of the Ministry of Labor of the Russian Federation N 26, FSS of the Russian Federation N 34 dated 04/04/2000 “On approval of 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” (hereinafter referred to as Procedure No. 26/34) From October 24, 2014, the procedure provided for by Decree of the Government of the Russian Federation of October 13, 2014 N 1048 (hereinafter referred to as Procedure No. 1048) is applied instead.

The provisions of orders N 26/34 and 1048 are very similar. Exceptions include the list of documents that the employee must submit to the employer to receive such days off, and cases when days off for child care are not provided. Thus, during the period of application of Order No. 26/34, in order to receive paid days off to care for a disabled child, the employer had to submit an application for additional days off, to which a certificate from the authorities was attached 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, and a certificate from the other parent’s place of work stating that at the time of application, additional paid days off in the same calendar month were not used or were partially used (clauses 1, 2 of Procedure No. 26/34 ).

In case of documentary confirmation of the dissolution of marriage between the parents of a disabled child, as well as death, deprivation of parental rights of one of the parents and in other cases of lack of parental care (imprisonment, business trips for more than one calendar month of one of the parents, etc.) to the working parent raising a disabled child, four additional paid days off were provided without presenting a certificate from the other parent’s place of work.

To receive additional paid days off, the parent (guardian, trustee) submits the following documents or copies thereof*(1) (clauses 2, 3 of Procedure No. 1048):
1) an application for additional paid days off (hereinafter referred to as the application) (its form is approved by the Ministry of Labor). In this case, the frequency of filing an application (monthly, once a quarter, once a year, as required, etc.) is determined by the parent (guardian, trustee) in agreement with the employer, depending on the need to use additional paid days off;
2) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) medical and social examination(submitted to the employer in accordance with the deadlines for establishing disability (once, once a year, once every two years, once every five years));
3) documents confirming the place of residence (stay or actual residence) of a disabled child (submitted once);
4) birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child (submitted once);
5) a 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 that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month (to be submitted each time an application is submitted). Such a certificate is not required if available documentary confirmation the fact of the death of the other parent (guardian, trustee), recognition of him as missing, deprivation (limitation) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or under other circumstances indicating that the other parent (guardian, trustee) ) cannot care for a disabled child, and also if one of the parents (guardians, trustees) evades raising a disabled child (clause 5 of Order No. 1048).

Regarding the failure to provide paid days off to care for a disabled child, we will say the following. According to clause 7 of Order No. 1048, additional paid days off are not provided to the parent (guardian, trustee) during his next annual paid leave, unpaid leave wages, parental leave until the child reaches the age of three. At the same time, the other parent (guardian, trustee) retains the right to receive four additional paid days off. Previously, paragraph 5 of Order No. 26/34 provided that a working parent is not provided with additional days off when he is on parental leave until he reaches the age of one and a half years. Since an employee has the right to be on parental leave until he reaches the age of three, the Government of the Russian Federation took this into account in Procedure No. 1048. Otherwise, paragraph 7 of Procedure No. 1048 corresponds to paragraph 5 of Procedure No. 26/34.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
from 13.10.14 N 1048

ABOUT ORDER

In accordance with Article 262 Labor Code Russian Federation The Government of the Russian Federation decides:

1. Approve the attached Rules for the provision of additional paid days off for caring for disabled children.

2. The Ministry of Labor and Social Protection of the Russian Federation, in agreement with the Ministry of Finance of the Russian Federation, provides explanations on the application of the Rules approved by this resolution.

Chairman of the Government
Russian Federation
D.MEDVEDEV

Approved
Government resolution
Russian Federation
dated October 13, 2014 N 1048

RULES
PROVIDING ADDITIONAL PAID WEEKENDS
FOR CARE OF DISABLED CHILDREN

1. These Rules determine the procedure for providing, in accordance with Article 262 of the Labor Code of the Russian Federation, additional paid days off to one of the parents (guardian, trustee) for caring for disabled children (hereinafter referred to as additional paid days off).

2. At his request, one of the parents (guardian, trustee) is provided with 4 additional paid days off per calendar month, issued by order (instruction) of the employer. The application form for additional paid days off (hereinafter referred to as the application) is approved by the Ministry of Labor and Social Protection of the Russian Federation.

The frequency of filing an application (monthly, once a quarter, once a year, upon request, etc.) is determined by the parent (guardian, trustee) in agreement with the employer, depending on the need to use additional paid days off.

3. To provide additional paid days off, the parent (guardian, trustee) submits the following documents or copies thereof (the certificate specified in subparagraph “d” of this paragraph is submitted in the original):

a) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) of medical and social examination;

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

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

d) a 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 , that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month. Such a certificate is not required in the cases specified in paragraph 5 of these Rules.

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

The documents specified in subparagraphs “b” and “c” of paragraph 3 of these Rules are submitted once, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is submitted each time an application is submitted.

If one of the parents (guardians, trustees) is not a member labor relations either is individual entrepreneur, a lawyer, a notary engaged in private practice, or another person engaged in private practice in accordance with the legislation of the Russian Federation, a member of duly registered family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, a parent (guardian, trustee) ), who is in an employment relationship, provides the employer with documents (copies thereof) confirming these facts each time he submits an application.

5. If there is documentary evidence of the death of the other parent (guardian, trustee), recognition of him as missing, deprivation (limitation) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that the other a parent (guardian, custodian) cannot care for a disabled child, and if one of the parents (guardians, custodians) evades raising a disabled child, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is not submitted.

6. If one of the parents (guardian, trustee) partially uses additional paid days off in a calendar month, the other parent (guardian, trustee) is provided with the remaining additional paid days off in the same calendar month.

7. Additional paid days off are not provided to a parent (guardian, custodian) during his next annual paid leave, leave without pay, leave to care for a child until he reaches the age of 3 years. At the same time, the other parent (guardian, trustee) retains the right to 4 additional paid days off.

8. 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.

9. Additional paid days off provided but not used in a calendar month by a parent (guardian, trustee) due to his temporary incapacity for work are provided to him in the same calendar month (subject to the end of temporary incapacity for work in the specified calendar month and presentation of a certificate of incapacity for work) .

10. Additional paid days off not used in a calendar month are not transferred to another calendar month.

11. When recording working hours in aggregate, additional paid days off are provided based on the total number of working hours per day with normal working hours increased by 4 times.

12. Payment for each additional paid day off is made in the amount of the average earnings of the parent (guardian, trustee).

13. The parent (guardian, trustee) is responsible for the accuracy of the information provided by him, on the basis of which additional paid days off are provided.

14. The parent (guardian, trustee) is obliged to notify the employer of the occurrence of circumstances entailing the loss of the right to receive additional paid days off.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT ORDER

In accordance with Article 262 of the Labor Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Rules for the provision of additional paid days off for caring for disabled children.

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

PROVIDING ADDITIONAL PAID WEEKENDS

FOR CARE OF DISABLED CHILDREN

a) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) of medical and social examination;

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

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

If one of the parents (guardians, trustees) is not in an employment relationship or is an individual entrepreneur, lawyer, notary engaged in private practice, or another person engaged in private practice in accordance with the legislation of the Russian Federation, a member of duly registered family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, the parent (guardian, trustee) who is in an employment relationship provides the employer with documents (copies thereof) confirming these facts, each time an application is submitted.