The mother is on parental leave and receives an allowance. The child is sick, he needs additional care, but the mother also gets sick. Does the father of the child have the right during this period to issue a sick leave for caring for a sick child and receive disability benefits if the spouse is on leave to care for the same child?
The SFR provided explanations on this situation (letter dated 03/19/2024 No. 14-20/12017).
The Foundation believes that the father can receive paid sick leave, but the child’s mother must interrupt her child leave for the period when she did not take care of the child due to her illness by submitting an appropriate application to the employer. If she cannot do this in person, another family member can submit an application upon presentation of an identity and kinship document.The law does not provide for simultaneous payment of sick leave for child care and monthly child care allowance at the expense of the SFR.
But we will recall an example from judicial practice from a different point of view. This is the resolution of the AC of the Moscow District dated 03/27/2019 No. A40-49069/2018 on the dispute with the Federal Tax Service. Then the judges said that the child’s father could receive sick leave to care for him, even if the mother was on leave at the same time to care for the same child, without additional conditions. The payment for such a sick leave must be made or compensated by the Social Insurance Fund.
The judges argued as follows:
- the basis for the payment of insurance coverage is the occurrence of an insured event, which is confirmed by a sick leave;
- nursing leave and sick leave are different insured events;
- sick leave may be issued to another relative who actually takes care of a sick child. At the same time, no additional justifications and documents are required to be presented to the recipient of the sick leave.
Will the sick child’s father be paid for sick leave when his mother is on leave to care for other children under 1.5 years old? For the answer, see ConsultantPlus. Trial access is free.
See our article on how to verify the authenticity of a sick leave.