Home child care costs: The True Cost of High-Quality Child Care Across the United States
Parents share average cost of child care per month
Nearly two years after the ongoing Covid-19 pandemic caused nationwide lockdowns and shuttered access to child care across the country, parents are sharing how much they spent on daycare in 2022.
In 2020, the average cost of child care was over $10,000 a year, according to a report by Child Care Aware, a national network of more than 400 child care agencies.
In 2021, child care costs rose by an average of 5% from the previous year — a rate that outpaced inflation in 2021, according to Child Care Aware survey data.
For many families, child care was more expensive than the price of housing and health insurance, the report found.
In 2020, the average cost of child care in the United States surpassed $10,000 annually.Jacqueline Nuzzo
“Parents continue to face the challenge of finding and affording high-quality child care,” Lynette M. Fraga, CEO of Child Care Aware, said in a written statement, adding that “robust, long-term public support is needed to make child care affordable for families. ” This year, a reported 63% of parents say child care has become even more expensive than in previous years, according to a survey from Care.com.
Four parents pulled back the curtain on their finances and share how much of their 2022 budget went to paying for child care.
Their stories have been edited for brevity and clarity.
Erica Dumas, 30, California
Dumas is a public relations consultant making approximately $200,000 a year. A single mom, Dumas’ 5-year-old daughter attends a private Catholic school five days a week, followed by aftercare, which costs $10 an hour. Dumas pays for private school because it was the only institution that would take her child, who at the time was under age 3. Three weeks of summer camp cost $898, pro-rated.
“Catholic School tuition is approximately $10,000 a year for the school year. Every month, I’d say I also spend between $300 to $400 on aftercare. I would say it comprises over 30% of my yearly income.
“I got divorced at the beginning of the pandemic, when I couldn’t take my child to the grocery store because I was so afraid. I don’t have family with me, and even now if I want to go out with friends or get a drink I have to factor in the cost of a babysitter, which is around $20 an hour.
“School lunch isn’t free, so that’s another $7-$8 a day. My daughter has activities like ballet and swimming classes, which are $45 an hour. If child care costs keep going up, I have to cut those activities.
“That doesn’t even factor in medical bills — every other day we’re in the emergency room because she has pneumonia or the flu or a really bad cough that won’t go away.
“I know there are people who make a lot less than I do, and I honestly don’t know how they do it. I feel very fortunate, but even in my case I’m treading water half the time.”
Stephanie Thomas, 29, Florida
Thomas is a social worker making $62,000 annually. Her husband is an engineer who makes around $150,000 a year. The pair have two kids, ages 3 and 1, who attend daycare.
“For both kids, we spend around $1,000 a month — roughly 30% of our budget and our number one most expensive cost. We pay more in daycare a month than we do our actual mortgage. It’s crazy expensive.
“The rate also increases $10 per child every year. Thankfully, every year that our kiddos get older the rate also decreases by $5 per child. At the beginning of Covid, my son wasn’t born yet and my daughter stayed home with me for about a month, so we paid $150 a week to hold her place at the daycare center.
“It just became very difficult working from home and having her there so we ended up sending her back. Thankfully, we haven’t had any issues finding or keeping daycare, but we definitely had to pay to make sure we could still have it.
“Daycare is one of the big factors in considering whether or not we have a third child. The cost of daycare for children under 5 is already expensive, so I would say we’re on the fence leaning towards not having another kid.
“We also talked about possibly moving to Maryland last year for a job opportunity for my husband, but I would have been going to a new state without a job and we were worried we wouldn’t be able to afford daycare there with his salary alone — that was one of the reasons we opted not to move.
“Daycare has been a big strain on us — it makes us have to sacrifice a lot more, but in our eyes it’s worth it to make sure our kids get the best opportunities.”
Katie Klein, 37, New York
Klein has a 2-year-old daughter and is a motion picture designer. Her husband is a freight forwarder for international shipments. Every month the pair spend around $3,000 on their mortgage and have a family income of nearly $200,000 annually before taxes, which changes depending on bonuses and the number of hours her husband works. The price of their child care has been fixed since 2020.
“We spend $1,300 on child care for four days a week. All of our health insurance comes from my husband’s job, and then I pay all of the child care bill for the month — for me, that’s 1/3 of my monthly paycheck at least. I get paid twice a month, and take $650 from each paycheck and set it aside for day care. I used to use the Child Tax Credit to care for at-home care, which is more expensive than daycare, but that evaporated as we were transitioning to full-time daycare.
“Child care is very vital. It’s a given — this kid does not let me sit on the computer. I’m not a surgeon or anything but I definitely need to put my head down and do my work during the day — or I’m expected to at least — and I don’t have parents who can help me.
“I feel like there are better ways that the government and elected officials can help working parents. I think everyone needs a little leg up at this stage of the game, because It’s not only care for your child but also for you.
“There’s no free mental space when it’s split between your employer and your kid, so having her at day care or having a day that I can catch up on things, even on something as stupid as laundry, makes me feel like a human.”
Jennifer Wheeler, 33, Washington State
Wheeler is a patient care coordinator for a health insurance company making $30 an hour. Her husband works in recruiting and combined their household income is around $120,000. The pair rent their home and pay $1,400 a month. Wheeler’s 3-year-old daughter attends 1/2 day in-home child care five days a week.
“We spend $14,000 annually for part-time care. This year, our day care provider’s rates are going up by $200 a month. It’s probably the second most expensive bill we have.
“It’s hard because we don’t have any family that lives nearby so child care is one of the only opportunities we have to get a break from parenting. And we really want to expand our family and give our daughter a sibling, but even the thought of doubling our child care cost? It’s so hard thinking about how that would impact us — I mean, would it even worth it for one of us to work? Because if we’re doubling the cost of child care we’re not bringing much income home.
“I can also tell that our mental health suffers when we don’t have access to child care. There have been times when our daughter has been sick and needed to stay home or the provider has gone on vacation for a few weeks and we’re a lot more irritable and snapping at each other.
“My daughter is a toddler who requires a lot of attention and she’s not fully independent so I feel like I’m unable to show up as the type of mom I want to be.”
Related video:
How Much Does it Cost to Open a Home Daycare?
- Getting Started
- December 11, 2020
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- Getting Started
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December 11, 2020
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“How much money do I need to start my home daycare?”
It’s one of the most common questions our home daycare specialists hear, and it’s an important one to think about.
Before you take the leap into a brand new career, you want to make sure you’re set up for success. Finding out how much money it’s going to cost to get up and running is one key piece of that.
But, the answer isn’t so simple. There are lots of costs to consider, and they can differ based on your personal situation and location. For example, if you have kids, you’ll probably spend less on books and toys since you’ll already have some.
“How much money do I need to start my home daycare?”
It’s one of the most common questions our home daycare specialists hear, and it’s an important one to think about.
Before you take the leap into a brand new career, you want to make sure you’re set up for success. Finding out how much money it’s going to cost to get up and running is one key piece of that.
But, the answer isn’t so simple. There are lots of costs to consider, and they can differ based on your personal situation and location. For example, if you have kids, you’ll probably spend less on books and toys since you’ll already have some.
Since you’re launching a licensed business, you also need to factor in costs like licensing and certification fees, if your state charges them. Plus, you’ll need to make sure your home is up to par for health and safety requirements. Sometimes this means you’ll have to make renovations before you can open your home daycare.
While everyone’s situation is a little bit different, we’ve found that most providers spend $2,000 to $3,000 to open their home daycare. This is a good starting point as you begin to plan for your new business.
Home Daycare Startup Costs: What to Expect
Opening a home daycare gives you an opportunity to earn what you deserve as a child care worker. While preschool teachers and child care center workers often make minimum wage, providers who run their own home daycare with NeighborSchools usually earn between $50,000 and $90,000 a year.
As you set out on this exciting career path, you’ll need to buy supplies and pay for certain requirements related to your daycare license. It’s an investment, but it’ll be well worth it once your daycare is open and thriving.
To help you create your budget and start saving, we’ll walk you through five categories of expenses:
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Licensing and Certification
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Supplies, Furniture, and Toys
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Marketing
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Home Repairs and Renovations
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Hiring
1. Licensing and Certification
Estimated cost: $300
To open a home daycare, you need to get a child care license, and there are some fees associated with it.
For example, in Massachusetts, the Department of Early Childhood Education and Care charges a $100 application fee.
You’ll also need to get a background check and become certified in pediatric CPR. These will cost about $100 each.
To set-up her daycare, Natalia needed toys, books, soft flooring, storage containers, and naptime supplies.
2. Supplies, Furniture, and Toys
Estimated cost: $2600
Most of your budget will go to the supplies you need to set up your daycare space. This includes toys and games to keep kids engaged, supplies for health and safety, and furniture made for little ones.
Here’s a breakdown of what you can expect to buy.
Furniture: $650
Kids tables, chairs, high-chairs, cubbies, and a changing table
Toys: $400
Large structures for gross motor skills, smaller toys for fine motor skills, sensory items like sand, arts and crafts, and costumes or a play kitchen for pretend play
Safety supplies: $250
A first aid kit, smoke and CO2 detectors, exit signs, and gates
Meal-time needs: $100
Plates, cups, silverware, sippy cups, etc
Nap-time items: $400
Blankets, mats or cots, and cribs or pack ‘n’ plays
Household supplies: $400
Trash bags, paper towels, cleaning supplies, PPE
Office supplies: $10
Printer, paper, pens, clipboards, and a bulletin board
3. Marketing
Estimated cost: $100 (free for our community)
You should tell the world about your business before you even open your doors. This will help make sure you have kiddos enrolled from day one.
You can create flyers to post around your local community (coffee shop and library bulletin boards are great). Business cards can also help, making it easy for you to talk up your daycare and share contact information on the fly.
But most parents begin their search for child care online, so it’s also really important to do a little bit of digital marketing. You can create a free Facebook page or a simple website using a service like Wix or Weebly. Then share your page or website in local child care or parenting groups on Facebook. You can even advertise your business page on Facebook—plan to spend about $100 if you try this out.
If digital marketing isn’t your thing, don’t worry. You can keep it simple, and if you join the NeighborSchools community, our marketing experts will take care of it for you.
4. Home Repairs and Renovations
Estimated cost: $100-$5,000+
Whether you rent or own, your home might need some repairs before it can be transformed into a daycare. Things like a fresh coat of paint or a railing for your stairs are common. These small fixes don’t usually cost a fortune. Other items like custom fireplace covers or outdoor fencing can end up being a bit more expensive.
Some providers wonder if they should renovate their entire home before opening. We say, skip it! Large-scale renovations can get really expensive—sometimes up to $30,000. With a little imagination, you can create a beautiful and functional daycare space on a much smaller budget.
5. Hiring
Estimated cost: $75-$100
Some states, like New York and Pennsylvania, allow you to open a larger program (up to 10 kiddos) even when you’re just getting started. If you’re eligible for this, it’s a great idea. But you will need an assistant.
Assistants are required to be licensed, too, and sometimes there’s a fee for their license.
If you already know who your assistant will be—great! Some members of our community, like Dottie, use their home daycare as a family business and work with their children, siblings, or spouse.
But if you need to find an assistant, having a small budget for hiring is helpful. You can post your position on job boards like Indeed or Zip Recruiter, and then pay to sponsor your listing so more people will see it.
Of course, these hiring costs don’t include your assistant’s regular salary. The going rate will depend on your location, but we recommend budgeting around $15 an hour.
To care for more than six children at a time, you’re required to hire an assistant, like NeighborSchools partner Melissa, pictured here with her assistant Rasheedah.
Determining the Cost of Opening a Home Daycare
Before you decide to open a home daycare, take these three steps:
- Look at how much money you have saved
- Learn how much you can earn as a home daycare provider
- Decide how much you’re willing to spend up front
With this information, you can create a budget and get started buying what you need. Keep track of your purchases as you go, so you can stay as close to your budget as possible.
Good news: There’s a perk to these purchases. Once you open your daycare, they’ll all count as business expenses. That means you can deduct them from your taxes.
Calculate Your Home Daycare Startup Costs
How much will it cost for you to start a home daycare? Find out using our free Home Daycare Startup Budget Worksheet.
Bridget Garsh
Mom to Hudson & Brooks,
COO and Co-Founder
About NeighborSchools
NeighborSchools help working parents find the best home daycares for busy lives and precious little ones. Now more than ever, child care options are scarce, crazy expensive, and, in many cases, really stuffy and corporate. NeighborSchools finally offers an alternative: fully licensed providers, with years of experience, caring for a small number of children, all right in the neighborhood. Every month thousands of working parents use NeighborSchools to learn about their options and find the right provider for them.
It’s completely free to browse daycares, see photos, read parent reviews, and try out MagicMatch, our fancy new technology that lets you see exactly which daycares have a spot for you.
Bridget Garsh
Mom to Hudson & Brooks,
COO and Co-Founder
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Deadline for payment of child care allowance up to 1.5 years FSS \ Acts, samples, forms, contracts \ Consultant Plus
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A selection of the most important documents upon request The term for payment of benefits for caring for a child up to 1.5 years FSS (regulations, forms, articles, expert advice and much more). nine0015
Judicial practice : The deadline for paying benefits for childcare up to 1.5 years of FSS
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A selection of court decisions for 2021: Article 11.1 “Conditions and duration of payment of a monthly childcare allowance” of the Federal Law “On Compulsory Social Insurance in case of temporary disability and in connection with motherhood”
(JSC “Center for Economic Expertise “Taxes and Financial Law”) As the court pointed out, recognizing the arguments of the Department of the FSS of the Russian Federation as justified, the payment of benefits to parents who continue to work while on parental leave under the age of one and a half years, while reducing the duration of work time for 1 hour, contradicts the goals of establishing and assigning a benefit intended for state support of families with children to compensate for lost earnings due to the inability to work. 0015
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Compilation of court decisions for 2019 for the duration and duration of child care “Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”
(R.B. Kasenov) expenses of the institution for the payment of a monthly benefit to employee G. for caring for a child up to 1.5 years. The Fund referred to a slight reduction in the employee’s working hours in the disputed period (by 1 hour). The court indicated that, by virtue of Part 2 of Art. 11.1 of the Federal Law of 29.12.2006 N 255-FZ, signed. “a” p. 39, p. 43 of the Procedure approved by the Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n, the right to a monthly childcare allowance is retained if a person who is on parental leave works on a part-time basis working hours or at home and continues to care for the child. In this case, the actual performance by the employee of the institution of his labor duties is confirmed by the evidence available in the case, in turn, the Fund did not provide evidence of a formal reduction in working time by 1 hour during the consideration of the case. nine0015
Articles, comments, answers to questions : Deadline for payment of child care allowance up to 1.5 years FSS
Regulations dated 11/22/1997 N 1471
(as amended on 07/14/2021)
“On some measures to streamline payments at the expense of the Social Insurance Fund of the Russian Federation” “providing state-guaranteed benefits for temporary disability, pregnancy and childbirth, to registered women in the early stages of pregnancy, at the birth of a child, for caring for a child until he reaches the age of one and a half years, as well as social benefits for burial or reimbursement of the cost of a guaranteed list of funeral services, health resort services for employees and their children”; nine0015
About the payment of child care allowance to an employee with whom a remote work agreement has been concluded
Answer
In accordance with paragraph 1 of Article 11. 1 of Law No. 255-FZ [1] monthly allowance for child care is paid to insured persons (mother, father, other relatives, guardians), a child and who is on parental leave, from the day parental leave is granted until the child reaches the age of one and a half years .
By virtue of paragraph 2 of Article 11.1 of Law No. 255-FZ , the right to monthly allowance for child care is preserved in the event of , if a person on parental leave works part-time or at home and continues to take care of the child .
Article 256 of the Labor Code of the Russian Federation established that at the request of a woman or persons specified in part two of this article, while on parental leave they can work part-time or at home while retaining the right to receive state social insurance benefits .
From the above provisions it follows that an employee who is on parental leave may retain the right to receive benefits if:
– works part-time;
– works from home.
Therefore, telecommuting does not qualify for benefits.
Next, we will consider each of the grounds for keeping the child care allowance separately.
Part-time work
According to article 93 of the Labor Code of the Russian Federation , the employer is obliged to establish part-time work at the request of a pregnant woman , one of the parents (guardian, guardian) with a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner prescribed federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer. nine0015
When working on a part-time basis , the employee’s remuneration is made in proportion to the time worked by him or depending on the volume of work performed by him.
In accordance with article 91 of the Labor Code of the Russian Federation , working time is the time during which an employee in accordance with the internal labor regulations and the terms of the employment contract must perform labor duties , as well as other periods of time that in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation refer to working time. nine0065 Normal working hours may not exceed 40 hours per week .
Thus, part-time work is working time, the duration of which is less than the standard working time established for the position of a particular employee.
At the same time, the norms of the current legislation do not contain any special conditions on the minimum reduction in the norm of working hours in order to maintain the right to receive child care allowance. nine0015
For this reason, there are disputes with the FSS authorities, due to the fact that the working hours of an employee receiving child care allowance are not sufficiently reduced to provide the employee with the opportunity to care for a child, that part-time work is of a formal nature, in order to obtain an additional benefit in the form of a child care allowance in addition to the amount of wages.
V Letter GU – MRO FSS RF dated 10/14/20 No. 14-15/7710-4421l the following clarifications were given:
“Currently, the labor legislation of the Russian Federation n does not give a clear concept of part-time work and does not contain indications by what minimum time daily work should be reduced (shift) or part-time work to be considered a part-time (shift) or week.
However, in accordance with paragraphs. “a” paragraph 1 of Art. 1 of Convention N 175 of the International Labor Organization of 04/26/1994 “On part-time work”, part-time work should be considered working time, the duration of which is less than the normal working time.
In the Labor Code of the Russian Federation, normal working hours, as well as reduced hours, including part-time work, are indicated in hours.
Therefore, part-time work means less than 40 hours of working time. With part-time work, the number of hours of work per day is reduced in comparison with what is established in the organization by the internal labor regulations or schedule for this category of workers. nine0015
Part-time work is established by agreement of the parties to the employment contract for a fixed period or without specifying a period. The establishment of part-time work while maintaining the payment of a monthly childcare allowance is decided by agreement between the employee and the employer, taking into account that the employee has enough time to care for the child.
The current legislation does not provide for any restrictions on the duration of part-time work for the insured person , who is on parental leave and works part-time, but at the same time the right to a monthly childcare allowance remains with him only on the condition that this person takes care of the child himself and he has enough time to carry out this care.
Therefore, the appointment and payment of child care allowance on a part-time basis will be lawful subject to the above conditions , namely:
– the insured person takes care of the child himself and has enough time to provide such care;
– reduction of working time is calculated in hours ;
– allowance compensates for lost earnings equal to the amount of allowance ;
– the allowance does not acquire the character of additional material incentives .
We draw your attention to Letter of the Federal Assembly of the Russian Federation dated 19.01.18 No. 02-08-01 / 17-04-13832l :
“ Question: How long should the working day be reduced when working on a part-time basis, the FSS not denied reimbursement for the payment of child care allowance?
Answer: Reducing working hours by 5, 10, 30, 60 minutes per day cannot be regarded as a measure that allows you to continue caring for a child, resulting in loss of earnings . In this situation, the child care allowance is no longer compensation for lost earnings, but takes on the character of additional material incentives for the employee, which indicates an abuse of the right (a similar position is set out in the ruling of the Supreme Court of the Russian Federation dated July 18, 2017 N 307-KG17-1728).
Thus, the current legislation does not provide for any restrictions on the duration of part-time work for an insured person who is on parental leave and works part-time, but at the same time the right to a monthly allowance for child care up to a year and a half is reserved for him only on the condition that this person himself takes care of the child and at the same time he has enough time to carry out this care. nine0015
Ruling No. 329-O of the Constitutional Court of the Russian Federation dated February 28, 2017 No. 329-O contains the following clarifications: has the right to state benefits in connection with the birth and upbringing of children and, as a non-working person, is not subject to compulsory social insurance in case of temporary disability and in connection with motherhood. On November 12, 2015, their daughter was born, and on November 26, 2015, V.Yu. Medvedev was granted leave to care for a child until he reaches the age of one and a half years, for the period of which a part-time job of 7 hours and 30 minutes was established with a five-day working week. At the same time, he was denied the appointment of a monthly allowance for child care by the insured. The correctness of such a refusal was confirmed by the regional branch of the Social Insurance Fund of the Russian Federation based on the results of an on-site inspection, as well as by the courts of general jurisdiction, which, having applied the contested norm in resolving his case, pointed out, in particular, that reducing the working day by 30 minutes did not allows him to actually take full care of the child, and his earnings during the period of parental leave fell by 7 per cent. In addition, from July 1, 2016 after the establishment of V.Yu. Medvedev part-time work lasting 6 hours, the said allowance was assigned to him and is being paid » [2] .
In the Decree of the Arbitration Court of the West Siberian District of July 31, 2018 No. Ф04-3150/2018 in case No. А70-16390/2017 concluded that a slight reduction in working hours (from 1 hour) cannot be regarded as a measure necessary to continue caring for a child, resulting in loss of earnings. The court came to the conclusion that in such a situation, the childcare allowance is no longer compensation for lost earnings, but acquires the character of additional material incentives for the employee, which indicates that the employer has abused the right to provide its employees with additional material support reimbursed from the funds FSS RF. nine0015
Thus, it is impossible to reliably conclude from official clarifications and judicial practice how long the working day will avoid the risk of claims from the regulatory authorities.
Note that in practice ( our opinion is based on an analysis of acts of the FSS of the Russian Federation issued based on the results of desk audits ) the FSS of the Russian Federation adhere to the position according to which, in order to legitimately receive child care benefits, part-time employee’s work day. At the same time, this position is not supported by official explanations. nine0015
In our case, the employee is assigned normal working hours.
Since telecommuting does not in itself entitle the employee to child care benefits, and the working hours are not reduced, we believe that the employee is not entitled to receive child care benefits.
Work at home
“Peculiarities of labor regulation of homeworkers” and chapter 49.1 “Peculiarities of labor regulation of remote workers” of the Labor Code of the Russian Federation, respectively.
Based on Article 310 of the Labor Code of the Russian Federation , homeworkers are considered to be persons who have entered into an employment contract to perform work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at his own expense . A homeworker may perform work stipulated by an employment contract with the participation of members of his family. In this case, labor relations do not arise between family members of the homeworker and the employer. nine0015
If a homeworker uses his tools and machinery, he is paid compensation for their wear and tear . The payment of such compensation, as well as reimbursement of other expenses related to the performance of work at home, are made by the employer in the manner determined by the employment contract .
Homeworkers are subject to labor legislation and other acts containing labor law norms, with the specifics established by this Code .
Meanwhile, on the basis of article 312.1 of the Labor Code of the Russian Federation remote (remote) work (hereinafter referred to as remote work, remote work performance) is the performance of a labor function specified by the employment contract outside the location of the employer , its branch, representative office, other separate structural unit (including located in another locality), outside a fixed workplace, territory or facility directly or indirectly under the control of the employer, provided that information and telecommunications networks, including the Internet, and public communication networks are used to perform this labor function and to interact between the employer and the employee on issues related to its implementation.
Article 312.4 of the Labor Code of the Russian Federation establishes that a collective agreement, a local normative act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to an employment contract may determine the working hours of a remote worker, and in case of temporary remote work they can also be determined the duration and (or) the frequency of the employee’s performance of the labor function remotely. nine0015
Unless otherwise provided by a collective agreement, a local regulation adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to an employment contract, the working hours of a remote worker are established by such an employee at his own discretion.
In Resolution of the Ninth Arbitration Court of Appeal dated March 20, 2019 No. 09AP-7238/2019 in case No. А40-221715/18 , conclusions were made in favor of the Social Insurance Fund in connection with the unlawful payment of child care allowance to a necessary worker in connection with with the fact that, in fact, under the terms of the employment contract, the employee performed remote work:
“From the materials of the case, it is clear that during the on-site scheduled inspection by the Fund in relation to the Company, it was established that the insured made expenses in violation of the current legislation , namely, the appointment and payment of a monthly allowance for child care was revealed Palchenko E.V. , working at home .
It was established that during the inspection of the insured, the appointment and payment of a monthly allowance for child care to the insured person Palchenko E.V. was revealed, in violation of paragraph 2 of Art. 11.1 of the Federal Law of 29December 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood” (hereinafter Federal Law N 255-FZ), which establishes that the right to a monthly allowance for child care is preserved if a person on parental leave works part-time or at home and continues to care for the child.
During the audit, the inspector found that the insured person Palchenko E.V. granted parental leave from December 07, 2015. nine0015
According to the supplementary agreement to the employment contract N 0000012 dated December 07, 2015 , she was transferred to work at home with normal working hours, i.e. 40 hours a week, 8 hours a day, working hours: 9-00 – 18-00 and a break for rest and food 1 hour from 13-00 to 14-00 . However, due to the nature of the activity, the work of a lawyer of the representative office is impossible in conditions “at home” . Nature of work Palchenko E.V. assumed the implementation of his labor duties outside the home ( ensuring the registration of legal entities , notarial certification or state registration of certain types of contracts , lawsuits (claims submitted to arbitration courts), representing the interests of the company in arbitration courts in state supervisory bodies, etc. ), and was actually repeatedly on business trips and was unable to take care of the child during this period.
By virtue of Part 1 of Art. 310 of the Labor Code of the Russian Federation , homeworkers are considered to be persons who have concluded an employment contract for the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at his own expense . A homeworker may perform work stipulated by an employment contract with the participation of members of his family . In this case, labor relations do not arise between family members of the homeworker and the employer. From part 3 of Art. 310 ch. 49it follows that home work is associated with the production of products that have a natural-material form . Palchenko E.V. performed work, the result of which is not a material product, but information, information, objects of intellectual property .
According to paragraph 2. of the supplementary agreement to the employment contract N 0000012 dated December 07, 2015, , the employer provided employee Palchenko E.V. computer and cell phone, which is typical for remote work , performance of a labor function outside the location of the employer (part 1 of article 312.3 of the Labor Code of the Russian Federation).
At the same time, the inspector during the audit, on the basis of the submitted documents, concluded that the work of Palchenko E.V. is not home-based and has all the features of remote work outside the stationary workplace .
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The Labor Code of the Russian Federation defines the specifics of regulating work at home and the work of remote workers. nine0015
By virtue of the conditions of subparagraph 2 of paragraph 1, paragraph 1.1 of Article 7 of the Federal Law of July 16, 1999 N 165-FZ, one of the types of social insurance risks is the loss of earnings or other income by the insured person in connection with the occurrence of an insured event. An insured event is recognized, including the care of a child under the age of one and a half years.
Insurance coverage for the specified type of compulsory insurance in this particular case is a monthly allowance for child care (subparagraph 8 of paragraph 2 of Article 8 of the Federal Law of 16.07.1999 N 165-FZ).
From the totality of the conditions of art. 11 of the Federal Law of December 29, 2006 N 255-FZ and art. Art. 13, 14 of the Federal Law of 19.05.1995 N 81-FZ “On State Benefits for Citizens with Children”, the right to a monthly childcare allowance are, including mothers or fathers, other relatives, guardians who actually care for the child who are subject to compulsory social insurance in case of temporary disability and in connection with motherhood and who are on parental leave. nine0015
In accordance with Article 4 of Federal Law No. 81-FZ of May 19, 1995, child care benefits are paid to persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood at the expense of the Social Insurance Fund of the Russian Federation.
By virtue of the terms of Part 1 of Article 10 of the Civil Code of the Russian Federation, knowingly unfair exercise of civil rights (abuse of right) is not allowed. nine0066
The right of Palchenko E.V. to receive a child care allowance, her earnings , lost due to the occurrence of an insured event , namely parental leave and the need to actually care for the child, must be compensated.
As part of the inspection by the inspector, on the basis of the submitted documents: employment contract, supplementary agreement to the employment contract, pay slips for wages, time sheet, reasonably concluded that the nature of the work of the insured person corresponds to remote work , because working conditions stipulated by the employment contract involve work not only at home, but also in other places , namely representation in court, government agencies and other business trips .
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