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Childcare Personal Care Jobs in Cedar Rapids and Iowa City
Childcare Personal Care Jobs in Cedar Rapids and Iowa City | Corridor Careers
Explore Childcare & Personal Care jobs in Cedar Rapids and Iowa City.
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Counselor, Caregiver, and Program Coordinator.
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Sick leave on parental leave
Home → Articles → Sick leave on parental leave
The employee is on leave to care for a child under 3 years old.
The child is 2.5 years old. The employee herself broke her leg. The period of incapacity for work fell entirely on parental leave. An employee does not work part-time or work from home while on parental leave. Does she need to accrue and pay temporary disability benefits?
Childcare leave until the child reaches the age of three is granted to a woman working under an employment contract on the grounds and in the manner provided for in Art. 256 of the Labor Code of the Russian Federation. The purpose of such a leave is to free the woman from work for the period of leave while retaining her job. Therefore, labor relations for the period of vacation are preserved, and a woman who is on parental leave belongs to the category of persons working under an employment contract, although in fact she does not go to work.
Art. 183 of the Labor Code of the Russian Federation in case of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws, while the amount of temporary disability benefits and the conditions for their payment are established by federal laws.
The procedure for assigning and paying benefits for temporary disability is regulated by the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” (hereinafter – Law No. 255-FZ).
Persons working under employment contracts are subject to compulsory social insurance in case of temporary disability and in connection with motherhood, and, as a result, are insured persons (Article 2 of Law No. 255-FZ).
On the basis of Part 8 of Art. 6 of Law No. 255-FZ, temporary disability benefits are paid to the insured person in the cases provided for by this Law for calendar days falling on the relevant period, with the exception of the periods listed in Part 1 of Art. 9Law No. 255-FZ.
In particular, in accordance with paragraph 1 of part 1 of Art. 9 of Law No. 255-FZ, temporary disability benefits are not paid to the insured person for the period the employee is released from work with full or partial pay or without payment in accordance with the legislation of the Russian Federation, except in cases of disability by the employee due to illness or injury during the annual paid vacation.
One of such periods when an employee is released from work is leave to care for a child until he reaches the age of three (Article 256 of the Labor Code of the Russian Federation) (Leave to care for a child until he reaches the age of three is not recognized as a period of release from work if an employee on such leave works on a part-time basis or at home.In the event of such an employee’s temporary disability (including due to the need to care for a sick family member), a sick leave is issued on a general basis (clause 23 and 40 of the Procedure). Accordingly, in such a situation, temporary disability benefits should be paid.).
Therefore, in the event of an employee’s temporary incapacity for work while she is on parental leave until the child reaches the age of three years, temporary disability benefits are not assigned and paid.
We also note that in the case when the leave to care for the child has ended, and the employee continues to get sick, a sick leave is issued and temporary disability benefits are paid from the day the specified leave ends (clause 22 of the Procedure for issuing sick leave certificates approved by order of the Ministry of Health and social development of the Russian Federation from 29.
06.2011 No. 624n).
Answer prepared by: Panova Natalia, expert of the Legal Consulting Service GARANT
Quality control of the answer: Voronova Elena, reviewer of the Legal Consulting Service GARANT
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Employee goes on maternity leave
⚡ All articles
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⚡ Employees
Oleg Varushkin
The Labor Code protects the rights of a pregnant employee: the employer is not allowed to fire her. At the eighth month of pregnancy, she goes on maternity leave. It lasts 140 days: 70 before delivery and 70 after. Maternity leave is replaced by leave to care for a child – usually up to a year and a half. All this time, the employee receives benefits from the FSS. From 2021, in all regions, the fund transfers benefits directly to employees.
Contents
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Take maternity leave
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From 2021, only the FSS pays benefits
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What benefits
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When the FSS refuses to pay benefits
Take maternity leave
Maternity leave
The employer receives documents from the employee:
1.
Sick leave from the antenatal clinic. Remember that along with paper sick-lists, there are electronic ones. They work with them in the personal account of the FSS.
2. Application for maternity leave in any form. It is not necessary to take it before the start of the holiday. You can also after, within 6 months.
Leave lasts 140 days: 70 before the birth and 70 after. Sometimes employees do not apply for vacation and work until the last minute. This is normal: vacation is a right, not a duty. They don’t pay benefits only for days of work.
Non-standard situations from the order of the Ministry of Health and Social Development No. 1089N:
– In case of multiple pregnancy, leave is taken at week 28 for 194 days: 84 before delivery and 110 after.
– When a child is adopted, leave is taken from the day of adoption. It ends when the child is 70 days old. If the child is more than 70 days old at the time of adoption, maternity leave is not allowed.
– In case of complicated pregnancy, an additional 16 days are taken.
In this case, the employee writes an application to extend the vacation.
When you find out the duration of the vacation, fill out the documents:
— Sign the order to grant the vacation.
– Fill out a personal card (example).
— Fill out the timesheet.
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Child care leave up to 1.5 years
The employee herself decides whether to take a vacation or go to work. Instead, any working relative can go on parental leave: the child’s father, grandmother, grandfather, aunt or uncle. Vacation can be alternated as you like: for example, mom sits with the child for a month, then dad for a month.
For vacations up to one and a half years, the allowance is 40% of the average salary for the previous two years.
To apply for a vacation, ask an employee for documents:
– Statement.
– Birth certificate of the child.
– A certificate from the husband’s work that he is not on a similar vacation.
Issue the vacation order again, fill in the personal card and time sheet.
Allowed to combine parental leave and work. There are two options here: part-time or part-time. For example, an employee may work 7 hours a day or 4 days a week. The main thing is that the rate should be incomplete. Otherwise, there is a risk that the FSS will refuse to make the payment.
From 2021, only the FSS pays benefits
In 2021, this item is no longer relevant, but just in case, we will explain, in case some old articles on other sites confuse you. Previously, there were two schemes:
- An entrepreneur pays an employee, and then reduces insurance premiums to the Social Insurance Fund.
- FSS pays the employee directly.
The second scheme is a “pilot project”, which over time captured more and more regions.
In 2021, it was adopted throughout the country, so the employer does not need to pay benefits.
What benefits
Maternity benefit
The amount of the benefit is 100% of the average salary. For calculation, two calendar years are taken before the start of the vacation. For example, in 2021, salaries for 2019 and 2020 are taken into account. The most convenient way is not to calculate in Excel, but to use a special calculator.
The allowance is granted within 10 days after receiving the documents from the employee. They are paid on the next salary day after the appointment.
At Romashka LLC, salaries are paid on the 11th and 25th of each month. Anna went on maternity leave on October 10. The director calculated her allowance on October 15 and paid it on October 25. He did everything right.
One-time payment at the birth of a child
From February 1, 2022, the allowance is 20,472.77 rubles. Some regions increase the payment at the expense of their budget.
Monthly allowance for caring for a child up to 1.5 years old
The allowance is paid monthly: from the first day of parental leave until the moment when the child turns 1.5 years old.
The amount of the benefit is 40% of the average salary. For calculation, the salary for the previous two calendar years is taken. For the first child, the minimum payment after June 1, 2022 is 7,677.81 per month, the maximum is 31,282.82 rubles per month. Calculate the allowance in a special calculator so as not to make a mistake.
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When the FSS refuses to pay benefits
Sometimes the FSS has the right to refuse and not pay benefits for employees. This happens for several reasons:
- Errors in documents: certificate of earnings, certificate of incapacity for work, application for maternity leave.
