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Under what conditions is the allowance for a family member not paid?

  • Bloq
  • 13-Jan-2025, 09:57
  • 39
Under what conditions is the allowance for a family member not paid?

Under what conditions is the allowance for a family member not paid?
.

According to Article 130 of the Labor Code, at the request of employees, unpaid leave may be granted in some cases during a work year. Paragraph "h" of that article specifies that the duration of such leave for relatives caring for a sick family member may be up to 14 calendar days based on the opinion of a medical institution. In some cases, payments are also provided for those caring for a sick family member. Specialist Kamala Yusifova provides clarification on the subject:

Based on the Cabinet of Ministers' decision dated January 8, 1993, No. 9, "Regulation on the preparation of electronic documents for sick leave for insured persons," a sick leave for the care of a sick family member is issued in electronic form by the doctor treating the patient.

A sick leave for caring for a family member who is over 14 years old is issued in case the refusal to care poses a danger to the patient's life and health, or if there is no possibility to hospitalize the patient.

Example 1: If the worker's mother falls and gets injured and is hospitalized, no payment will be made to the employee, as the mother is hospitalized.

The sick leave issued for the care of such a family member must not exceed 7 days. In exceptional cases, depending on the severity of the illness and living conditions, this period may be extended by the treating physician and chief physician for up to 10 calendar days.

A sick leave for the care of a child under 14 years old is issued for the child's mother (father), other legal representatives, or other family members who are caring for the child. The sick leave is issued for the entire period during which the child needs care, whether for outpatient or inpatient treatment.

Example 2: If the worker's 10-year-old daughter is ill and receiving treatment at home, the employer will ensure payment for the period specified in the sick leave without delay.

Paragraph 22 of the Cabinet of Ministers' decision dated January 8, 1993, No. 9 states that for a child under 16 years of age who is infected with the immunodeficiency virus or has AIDS, a sick leave is issued to one of the parents or another caregiver for the entire period the child requires care.

It is important to note that the submission of a sick leave to the employer is a mandatory requirement for the payment of the allowance. When calculating the family care allowance, the sick leave must include a note that the person was providing care. Additionally, if the employee loses work ability during the leave, the allowance is calculated, but no allowance is paid for the illness of family members.

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