Skip kindergarten: without a certificate, without sick leave, how many times a week can you

How long can you be absent from school without a certificate? Often, educational institutions require medical confirmation of the child’s health when missing classes. However, such demands in 2019 do not always have a legal basis. At the same time, parents, not wanting to waste time visiting doctors, try to bring their children to lessons without medical certificates.

How long can you miss school without a certificate?

The current laws do not have a clear concept of how many days a child can be left at home without a school certificate. In addition, the Russian SanPiN does not establish provisions regulating this issue, including at the regional levels.

In accordance with Federal Law No. 273 of December 29, 2012, all educational institutions are required to monitor the health of schoolchildren and preschoolers. The requirement to provide a medical certificate is based on this norm, including after a student has suffered an illness (Article No. 41, Part 4, Clause 1).

There are no other legal grounds for how many classes you can miss at school without a certificate in 2019. It is noteworthy that if parents planned to go on vacation with their child in the middle of the school period, then by law the school should not interfere.

However, the father and/or mother are required to notify the management of the institution in advance. This is done by submitting an application addressed to the director of the institution. Upon returning from vacation, the child has the right to return to classes without providing medical permission - requirements for its availability are unauthorized.

Sample application for a child's absence from school

Despite the absence in the laws of the Russian Federation of precise provisions regulating the permissible number of days of absence, parents should not forget about the following nuances:

1. Schools have a responsibility to monitor students who are absent from classes. If a child systematically skips classes, then in accordance with Federal Law No. 120 of June 24, 1999 (Article No. 14, Part 2, Clause 2), the management of the educational institution is obliged to notify the police and guardianship authorities. Reports are provided for the purpose of preventing offenses against minors and neglect.
2. It is in the interests of parents to convey information about the reasons for their child’s absence from classes.
3. The school's charter may also include a clause on the parents' obligations to submit an application in the event of a student's planned long-term absence, including the reasons.

By drawing up a statement on time, the father and/or mother will eliminate unnecessary questions and misunderstandings.

Acceptable periods for missing school without a certificate for family reasons

Some educational institutions have a procedure in which parents must fill out an application addressed to the director. When creating the document, you should indicate the reasons for the student’s absence from classes.

As a rule, the wording “for family reasons” is prescribed. The application form also provides an indication of the period during which the child may miss classes.

At the same time, parents bear full responsibility for the student’s academic performance during the absence of lessons.

When planning a vacation, time off, or when illness occurs, experts recommend parents learn a list of important lessons.

During the process of rest and, if possible, when recovering from illness, you can study with your child independently, studying current materials and doing homework. In this way, the student will fill gaps in learning.

In addition, parents are interested in how long they can be sick in schools without a certificate. If a quarantine has been declared at an educational institution based on a resolution of Rospotrebnadzor, then the provision of a medical certificate about the state of health is mandatory.

Illegal truancy

The legislation of the Russian Federation does not provide for situations in which a pass is regarded as illegal. However, in some regions, for example in Moscow, there is an order requiring the transfer of information about systematic absences from classes. If a student deliberately and without the knowledge of his father and/or mother skips classes, the information will be transferred to the guardianship department and the police.

This regulatory document contains provisions on the basis of which the school is obliged to monitor attendance at classes. You can skip classes without medical confirmation only on the basis of an application from the legal guardian of a minor citizen. If a person constantly skips classes, then the teaching staff is obliged to respond to the situation in an appropriate way.

Please note: the management of an educational institution does not have the right to sum up the number of missed days to form an expulsion order.

How long can you avoid going to a municipal kindergarten without providing a medical certificate?

After such days of temporary stay at home, it is not always convenient for parents to go to the children's clinic for another medical certificate from the pediatrician. Many of them complain about long lines, the possibility of “catching” some virus and, simply, the lack of much free time to visit the hospital due to certain difficulties at work.

At the same time, in different kindergartens, teachers declare a different number of days that parents can use to skip classes without subsequently providing a certificate.

As a rule, this number varies within 3-5 days and is explained by the requirements of the contracts, but in most cases it raises a large number of questions among parents.

Why is it that in one kindergarten they only talk about three days of absence, when in another it is allowed to be absent without a certificate for up to 5 days? Read on to find out what the law says on this issue.

How many days can you be absent from the garden without a certificate according to the law?

The answer to the question under consideration is contained in the all-Russian SanPiN 2.4.1.3049-13, approved by the 26th Resolution of the Chief Sanitary Doctor of May 15, 2013.

It follows that the law does not require the provision of a certificate if the child has not attended kindergarten for up to five days.

This excludes weekends and holidays.

You can often hear from educators the phrase that the allowed number of days is indeed five, but the recommended number is only three days. By whom and for what purpose “recommended” is unclear.

Therefore, you still need to defend your rights.

And if you come to kindergarten with your child after 3-4 days of absence without a certificate, know: this is completely legal, and they do not have the right to refuse you to attend a preschool institution.

How many days can a child not go to kindergarten without a certificate?

You can now come to kindergarten without a certificate after five days of absence. A new law has been issued. Read more in the article.

Kindergarten is not a school and there are times when you need to skip and not take your child.

But in this preschool institution the rules apply, just like in school, it is forbidden to miss more than 2 days .

But many parents do not know that these requirements have recently changed. Read in this article exactly what changes have taken place and how much time you can now miss in kindergarten without a certificate.

Without a certificate to go to kindergarten using a medical card: how many days can you skip without going?

Without a certificate for kindergarten

As soon as parents bring their child to kindergarten for the first time, the teacher immediately warns that you can only miss 2 days without a certificate. If you decide to stay at home on the third day, then you will have to go to the clinic to get a document confirming the child’s good health and a normal sanitary and epidemiological environment.

It is forbidden to admit children to a kindergarten without a certificate, and it doesn’t matter even if you have a medical card with a doctor’s conclusion. There must be a certificate in the prescribed form. So, how many days can you skip without going to kindergarten?

• The fact is that previously it was actually possible to come without a certificate if only 2 days .
• If there were weekends or holidays before or after these passes, then a certificate was required.

Now a new decree has been issued, thanks to which you can skip kindergarten for 5 days without a certificate. But not only many parents do not know about it, but also teachers, educators and heads of kindergartens. Read on.

Attending kindergarten without a certificate - new law, SanPiN resolution on skipping kindergarten: 5 (five) days without a certificate

Sometimes it happens that a child needs to stay at home not for 2, but for 3, 4 or 5 days . After this, you have to go to the clinic, come into contact with sick children, and sit in line to see the pediatrician. Now there is no need for this if you want to miss kindergarten for no more than 5 days.

A new law has been issued on visiting kindergarten without a certificate. This SanPiN Resolution on skipping kindergarten says that you may not take your child to preschool for 5 (five) days

Therefore, feel free to rest for five days and then you do not need to worry about providing a certificate in a special form.

To kindergarten without certificate 026u: about health

So, now you can go to kindergarten without a certificate from the clinic using form 026u. Well, what about health? After all, the child may get sick with something during this time, the parents will not cure him and will bring him to the kindergarten in 5 days , so as not to go for a certificate.

• It is worth noting that if the baby missed 5 days and came to the institution after this time, then he will either not be allowed in if the teacher or health worker sees that the child is sick, or will be accepted if the baby is healthy.
• The fact is that a child can immediately see whether he is sick or not. Especially regarding infectious diseases. Most of them manifest themselves in the form of a rash, general malaise, weakness and capriciousness of the baby.

Therefore, parents should not worry. Now it will just add a little more work for kindergarten teachers and medical workers, since they will have to more carefully monitor which children are brought to them after a 5- day absence.

How many days can you not go to kindergarten without a certificate?

Legal topics are very complex, but in this article we will try to answer the question “How many days can you not go to kindergarten without a certificate in 2020?” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

The main regulatory act that needs to be used in this case is SanPiN 2.4.1.3049-13 (Sanitary rules and regulations). It is in this document that you can find clause 11.3, which states that if the child did not go to kindergarten for up to 5 days, not counting holidays and weekends, then a medical certificate from the pediatrician about the child’s health status is not needed.

Children may not attend kindergartens not only because of illness, but also for various family circumstances. If a child has been absent for 3 days, mainly in many preschool institutions, teachers begin to require a medical certificate from the parents.

Sanitary rules and regulations of the Russian Federation for preschool educational institutions

The medical certificate, which is issued to a child after an illness for a kindergarten, indicates the child’s personal data, diagnosis and duration of the illness, as well as the absence of infectious diseases and recent contact with such patients.

Often, kindergarten employees say that although you can not go to SANPIN for 5 days, the recommended period is 3 days, so you must provide a certificate. In such a situation, do not give in to the teacher and protect your rights. If your child is not accepted, go to the manager and sort it out with her.

There are often situations when you need to leave a child at home for family reasons. No one wants to go to the hospital because of this, stand in line and explain everything to the doctor.

A child can also catch the virus from sick children.

Educators often do not give a specific answer about how many days you can not go to kindergarten without a certificate, so parents need to find out this information themselves.

How long can you avoid walking so as not to lose your place?

In accordance with paragraph 11.3 “Sanitary and epidemiological requirements for the design, maintenance and organization of preschool educational organizations,” a child can miss 5 days. This period does not include weekends and holidays.

That is, if you did not go for 5 working days and two days off, then you are not required to provide a certificate.

If you have not attended for more than five working days, then the kindergarten employee cannot accept the child without a certificate, which must indicate: what the child was sick with, how long he was sick and whether he can return to kindergarten.

11.3. After an illness, as well as an absence of more than 5 days (except for weekends and holidays), children are admitted to preschool educational organizations only if they have a certificate indicating the diagnosis, duration of the disease, and information about the lack of contact with infectious patients.

Identified sick children or children with suspected illness are not accepted into preschool educational organizations; Children who fall ill during the day are isolated from healthy children (temporarily placed in the premises of the medical unit) until their parents arrive or are hospitalized in a treatment and prevention organization, with the parents being informed.

Changes to SanPin for kindergartens! Without a certificate 5 days + 2 days off

11.4. The daily routine should correspond to the age characteristics of children and contribute to their harmonious development. The maximum duration of continuous wakefulness for children 3 - 7 years old is 5.5-6 hours, up to 3 years - in accordance with medical recommendations.

In accordance with paragraph 11.

3 “Sanitary and epidemiological requirements for the design, maintenance and organization of the operating mode of preschool educational organizations”, after an illness or absence of a child for more than five days in kindergarten, parents are required to provide a medical certificate to the preschool institution. Such a certificate must contain information about the duration of the disease, diagnosis and information about the epidemiological environment.

Read also: Childbirth in America: cost, pros and cons

At the same time, in different kindergartens, teachers declare a different number of days that parents can use to skip classes without subsequently providing a certificate.

As a rule, this number varies within 3-5 days and is explained by the requirements of the contracts, but in most cases it raises a large number of questions among parents.

Why is it that in one kindergarten they only talk about three days of absence, when in another it is allowed to be absent without a certificate for up to 5 days? Read on to find out what the law says on this issue.

How many days can you be absent from the garden without a certificate according to the law?

When visiting a municipal kindergarten, there are often situations when it becomes necessary to leave the child at home and not take him to classes. This may be due not only to the child’s illness, but also simply to family circumstances: the arrival of a grandmother, departure to another city, etc.

After completing the health course, you must take a certificate from the medical organization where the child was. A document stating that the child is allowed to attend the children's group is also required.

Skip kindergarten: without a certificate, without sick leave, how many times a week can you

Parents are often faced with the question of whether they can skip kindergarten if they are on vacation. If you plan to leave your child at home for the summer, you must write an application to the kindergarten with a request to keep a place for the preschooler for a while.

This is interesting: Standard one for heating Yekaterinburg 2020

To a kindergarten in Moscow without a certificate

The exception is situations when quarantine is declared in a kindergarten. In this case, a certificate is provided if the child missed more than 3 days. The document is drawn up by a pediatrician, and the presence of the preschooler may not be required.

• Moving to a new place of residence.
• Arrival of guests.
• Attending an event.
• Bad weather conditions.
• Illness of parents who are unable to take their child to kindergarten.
• Unhappiness in the family and other force majeure circumstances.

How many days can you miss visiting kindergarten without a certificate?

Some unscrupulous teachers allow the child to miss attending kindergarten for no more than three days, then they demand a certificate from the children's doctor, which is illegal.

Because of this, unknowing parents, after their child has been absent from kindergarten for more than three days, are forced to go to the hospital, where they wait in a huge line of sick children to get a certificate from the pediatrician for the kindergarten that their child is healthy.

Everyone knows that you can sit in line at the clinic almost the whole day, not every parent has this free time, and even after spending time in the hospital, the child often becomes infected from sick children, then he has to go to the pediatrician for real treatment and a certificate.

Therefore, it is important to know how many days, according to the law, a preschooler can not go to kindergarten, so as not to have to go to the hospital for a certificate once again.

Five or three days

If the number of days a child has missed visiting kindergarten has exceeded five days, then you have to go to the clinic, since in this case the teacher will not allow the child to enter kindergarten without a certificate stating that he is healthy.

You will need to submit the sick leave certificate itself, the employee’s passport, and an application requesting payment of disability benefits. It will be necessary to provide a work record book or a copy thereof confirming that the employee did not have a new place of work for this period. However, the payment will be provided only if the employee himself was sick, and not his child or close relative.

However, in some kindergartens, you can agree with the teachers so that they sign up for your child’s presence. In this case, you can avoid going to kindergarten for longer, but there are two nuances: you must make an agreement in advance and you will have to pay for those days when your child was not there, since the papers will indicate “appearance.”

Maximum duration of sick leave

Illness is, of course, a valid reason. But the fact of the presence of the disease must be documented - a certificate of incapacity for work. Otherwise, the employer has every right to believe that the employee is misleading him, wanting to avoid punishment for absenteeism.

This is interesting: Standard gcal per square meter in 2020 in St. Petersburg

Another relaxation: parents were allowed not to take medical certificates if the child did not go to kindergarten for several days due to family reasons.

“This is just great! - Kiev resident Olga Shevchenko, mother of four-year-old Irina, rejoices.

“In our kindergarten, after three days of absence, we had to run the same amount to clinics: on Monday we take a referral for tests, on Tuesday the clinic accepts babies, and you receive a certificate on Wednesday.”

Danka doesn't really like kindergarten. And he will walk with pleasure. But won't there be problems later? After all, it won’t take long to lose a place in the garden for absences without reason. Will it really be necessary to go to the clinic later just to get a certificate stating that Danya is healthy? So, after all, in a line of snotty kids, it won’t take long for you to catch the virus...

You can skip kindergarten without a certificate for five days

Everything here is quite simple and collecting a package of documents will not be difficult. Unless in some individual cases, social security or MFC employees may ask to submit additional documents. The typical list in 2020 includes the following documents for receiving compensation:

We encountered this ourselves yesterday. 12 kindergarten. A child with allergies has a scheduled DPT vaccination, I think there is no need to explain that the consequences can be anything from high fever to long-term illness of the child. Well, I go to the doctors and suggest not bringing the child on Thursday-Friday (after vaccination).

Let's stay at home and watch out for any infections. We'll come on Monday. To which the doctors tell me that on Monday, with a certificate, why should I once again run to the hospital to catch sores? Moreover, a friend takes her to the same kindergarten; doctors allow them to sit there Thursday-Friday, on Monday without a certificate.

What kind of duality is this?

I already called the Department of Education the other day, they demanded a certificate from me after 3 days of absence, they said they will get attached again, I will write an official complaint about the violation of my legal rights as a parent)))) my husband says - don’t get involved, they will treat the child worse, but I think Aren't they bastards there to hurt a child? Dasha already speaks well and will tell you if something is wrong, I don’t want to spoil the relationship, but with these certificates my brain has already been eaten away.

Zarechny Online

Often, kindergarten employees say that although you can not go to SANPIN for 5 days, the recommended period is 3 days, so you must provide a certificate. In such a situation, do not give in to the teacher and protect your rights. If your child is not accepted, go to the manager and sort it out with her.

How many days can you skip kindergarten without a certificate?

“I took a few days off from work. There’s nothing to do there after the holidays anyway. Now I’m thinking, maybe Danka will also sit with me on vacation?” – a friend, the mother of a three-year-old tomboy, thinks out loud.

Danka doesn't really like kindergarten. And he will walk with pleasure. But won't there be problems later? After all, it won’t take long to lose a place in the garden for absences without reason. Will it really be necessary to go to the clinic later just to get a certificate stating that Danya is healthy? So, after all, in a line of snotty kids, it won’t take long for you to catch the virus...

For such cases, SanPiN has clause 11.3, where it is written in black and white that if a child has not gone to kindergarten for up to 5 days, not counting holidays and weekends, then a medical certificate from a pediatrician about the child’s health status is not needed. But you will still have to pay for these days of absence.

The only exception is when the garden is under quarantine. In this case, the number of days that you can skip with impunity is reduced to three.

If you do catch a cold, then you definitely need to bring a certificate stating that your baby has recovered. This document from the medical institution must indicate the child’s personal data, diagnosis and duration of illness, and confirm the absence of infectious diseases and recent contact with such patients.

And don’t forget to notify the teachers in advance that you are going back to kindergarten. Otherwise, your baby risks remaining hungry, because food lists are provided in advance.

If you plan to take your child out of kindergarten for the whole summer, then you definitely need to write an application asking to save your place.

But if you decide to skip kindergarten at another time of the year due to parental leave, then in addition to the application, you must also provide a certificate from your place of work confirming this same leave. The number of days the child is absent from kindergarten during this period should not exceed 2 months.

So you can relax with peace of mind, without worrying that when you return from the seas or mountains, your child will be left out of work. The main thing is to notify the kindergarten administration in advance and be prepared for the fact that you will still have to go there through a visit to the pediatrician.

How many days can you miss school without a doctor’s certificate: a lawyer answers

What does the law say about a student’s absence from classes without official confirmation, but “for a good reason”?

Remember, before, if you missed school, your mother could simply write a note to the class teacher: “Vasya Petrov was absent because he had a headache.” Sometimes the mother did not write anything at all, and the child himself explained why he did not attend classes that day.

What is the situation with such passes today?

Tatiana Shilyuk, lawyer, candidate of legal sciences, teacher at the O. E. Kutafin University, expert on the blog “Mother in Law,” tells the story.

• Tatiana Shilyuk
• Many people mistakenly believe that the provision for possible absence for 5 days without the mandatory provision of a doctor’s certificate is applicable to schoolchildren.
• However, it only applies to preschool educational institutions

and is contained in the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 15, 2013 N 26 “On approval of SanPiN 2.4.1.3049-13 “Sanitary and epidemiological requirements for the design, content and organization of the operating mode of preschool educational organizations.”

The sanitary standards establishing rules for schools do not contain such a period.

Who sets attendance rules for schoolchildren?

For example, in Moscow there is Order of the Moscow Department of Education dated July 27, 2007 N 579 “On the procedure for maintaining records in state educational institutions of the Moscow Department of Education system of students who do not attend or systematically miss classes in educational institutions for unexcused reasons.”

1. Many issues related to the organization of work of an educational institution are regulated by it independently.
2. We can say that there are a number of documents that parents must familiarize themselves with, including when looking for an answer to the question about passes.
3. First of all, this is the Charter, which defines the general provisions on the establishment, organization of work, as well as the rights and obligations of the parties, including students.
4. On the website of any school you can now find a whole list of local acts, which define, among other things, the internal rules of students.
5. How in practice they treat absence from classes without a certificate
6. As a rule, schools allow a child to be absent for up to 3 days, but this figure is not the norm for everyone.
7. In Moscow, in case of missing 1 to 3 days of classes (or individual lessons, the total number of which is equal to 1-3 days of absence), the class teacher finds out the reasons for the absence from the student and his parents.
8. In some schools, it is enough to simply notify the class teacher about the absence of the child on a given day.
9. And other schools ask for written confirmation from parents that the child was absent from school for a valid reason.
10. Longer absences are asked to be confirmed with medical documents or to write a statement about the child’s absence for a certain period.

Therefore, it is worth asking the school in advance what act established this possibility and whether it is established at all. And what procedure is used if the child really cannot attend school for a good reason.

What is considered truancy?

Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” does not provide an official definition. Separate provisions on this may be contained in the regulations of individual entities.

For example, Order of the Moscow Department of Education dated July 27, 2007.

N 579 “On the procedure for keeping records in state educational institutions of the Moscow Department of Education of students who do not attend or systematically miss classes in educational institutions for unexcused reasons” defines a truant as a student who deliberately avoids school without permission.

• The document states that not a single case of missing individual subjects or one day of class without a good reason can be ignored.
• Students who commit truancy should be treated with increased attention, not limited to just monitoring their progress, but by all possible means to eliminate the conditions and causes of disruptions in their behavior and stop truancy.

How long can you be sick without a sick leave and not go to work? What kind of absenteeism will it be?

The Federal Law “On Compulsory Social Insurance in Case of Temporary Disability...” establishes that every employee has the right to go on sick leave if he or she develops any illness.

There are certain features in this area, but the right cannot be begged. Sometimes workers do not want to issue certificates of incapacity for work. Is it possible to miss work due to illness without sick leave, when can this be and how many days are you allowed to be absent?

Is it possible to not go to work for 3 days due to illness at the expense of the employer?

There is a fairly widespread opinion that if you are sick, you can stay at home for 3 days without filing a certificate of incapacity for work. In this case, the employer will pay the amount of average earnings during this time.

In fact, this is not true. Let's figure out where this misconception came from:

1. The current legislation determines: if a person is sick himself and is not caring for a family member (including a child) who is overcome by an illness, then the first three days of sick leave are paid by the employer, the rest - by the Social Insurance Fund. But, attention: this rule only applies if a certificate of incapacity for work has been issued or, at a minimum, will be issued upon recovery.
2. In 1993, the Fundamentals of the legislation of the Russian Federation on health protection were adopted. At a time when the country was just beginning to move from communism (socialism) to capitalism, a fairly large number of such “Fundamentals” came into force, which were “prototypes” of laws. The document stated that in case of illness, an employee has the right to take three days off at his own expense.

Read also: Preferential pension for teachers: according to length of service, changes, law

Unfortunately, the level of legal awareness of the population in the country is not as high as we would like. Therefore, the norms in the minds of ordinary people are confused. A myth was born that you can be sick for three days without taking out sick leave, and the employer is obliged to pay for these days.

Let us emphasize: this is not true. But there are certain exceptions.

How many days can you legally take at your own expense and when?

The Labor Code of the Russian Federation gives the right to every organization in which people work to adopt local legal acts , including a collective agreement. The main condition is that the norms of the internal act should not:

• contradict labor laws;
• infringe upon the rights of the employee.

The parties have the opportunity to stipulate in the collective agreement a rule that a sick employee has the right to take three days off at his own expense, or even at the expense of the employer. The latter, however, given the realities, is something from the realm of fantasy. But there is a theoretical possibility of agreeing on such a rule.

Article 81 of the Labor Code of the Russian Federation defines the grounds for dismissing an employee at the initiative of the employer. Among them is this: absenteeism. What is this? This is the absence of an employee from the workplace:

• throughout the day or shift;
• absence of a person from work for more than 4 hours in a row during a working day (shift).

It is important that the person does not have valid reasons not to attend his place of work.

Illness is, of course, a valid reason. But the fact of the presence of the disease must be documented - a certificate of incapacity for work. Otherwise, the employer has every right to believe that the employee is misleading him, wanting to avoid punishment for absenteeism.

By the way, you don’t always get fired for absenteeism. The employer has the right to limit himself to another disciplinary measure. For example, reprimand and deprive of bonuses.

Thus, a person who is sick and cannot (does not want) to go to work is obliged to contact a medical institution that has the appropriate license to issue a certificate of incapacity for work.

How to resolve an issue without a certificate of incapacity for work

The Labor Code of the Russian Federation establishes that an employee, in certain cases, can take leave at his own expense. Article 128 lists the grounds for applying for such leave and the categories of citizens who are entitled to it.

The grounds for all employees are as follows:

1. The presence of certain family circumstances, valid reasons.
2. Grounds provided for by current legislation.

There are categories of employees who may request (without the right to refuse from the employer) administrative leave:

• WWII participants – up to 35 days a year;
• pensioners – up to 14 days a year;
• parents and spouses of security forces who died or were injured – up to 14 days;
• disabled people – up to 60 days.

It’s difficult to talk about WWII participants. All of them, those who are still alive, have reached the age of incapacity. Otherwise, if an employee is a pensioner or disabled, then he may well take a vacation at his own expense.

What about the rest? Persons not discussed above may go on administrative leave only in the following cases:

• if the employer gives his consent to this;
• if the rule on the possibility of taking leave without pay is in the collective agreement.

Expert opinion

Vasiliev Oleg Borisovich

Many years of experience in various areas of law

It is worth adding, however, that in accordance with the requirements of Article 128 of the Labor Code of the Russian Federation, which directly regulates the provision of leave at one’s own expense, the absolute basis for this is the birth of children, marriage or death of close relatives, in these cases - up to 5 days.

There are also guarantees under Chapter 26 of the Labor Code of the Russian Federation related to the employee receiving education while combining work. But because

This article discusses the case of missing work due to illness, then the legal side of the issue: firstly, these are the listed categories that have the right to take leave at their own expense at their own discretion, and secondly, the provisions of the collective agreement at the enterprise.

According to the latter, additionally, Article 263 of the Labor Code of the Russian Federation establishes the possibility (precisely the opportunity, and not the obligation) to provide up to 14 calendar days of unpaid leave during the year to employees with two or more children under 14 years of age, with a disabled child (until his 18th birthday), single father with a child (under 14 years old).

Another legal way to avoid absenteeism is to donate blood (components); in accordance with Article 186 of the Labor Code of the Russian Federation, an employee has the right to receive a day off on the day of donation, and it will be paid.

It is important to understand compliance with the formal procedure by both parties (employee and employer), because otherwise, for example, when considering a dispute in court, this will be decisive. Paragraph a) Part 6 of Article 81 of the Labor Code of the Russian Federation establishes that dismissal at the initiative of the employer is permitted in the event of a single gross violation of labor duties associated with absenteeism or absence from the workplace for more than four hours in a row without good reason.

Therefore, it is the employee’s justification for why he was absent from work during his working hours that is important.

In this connection, absence from the workplace for more than one day without registration, if not sick leave, then at least leave at your own expense or for another legal reason is fraught with dismissal on the grounds stated above. It is necessary to have an agreement with the employer and it would be best to send him an application for leave at your own expense, if not in paper form, then at least in electronic form.

However, I repeat, it is important that the procedure is also followed by the employer - absenteeism must be fully documented in accordance with Article 193 of the Labor Code of the Russian Federation, sequentially: a memo (report) about the employee’s absence from the workplace (during the day, more than 4 hours in a row), explanatory from the absentee employee, an order to bring the employee to disciplinary liability in connection with absenteeism, that is, to terminate the employment contract with him.

Yes, illness is a valid reason. But the legislator determined exactly how to act in order not to work if you have an illness - take out sick leave. That is why the rule on the possibility of taking leave without pay at will is provided only to certain categories of workers.

To summarize, we note that, according to the general rule, it is impossible to be absent due to illness without sick leave. This is fraught with dismissal. But some exceptions exist.

Sick child in kindergarten law

As it turned out later, the head of the city police department turned out to be a close relative of our teacher. Please tell me if she had to disclose information about the health status of my child?

But if a child tells you things that make your blood pressure rise, your pulse quickens and your heart skip a beat, or you yourself witness an unsightly picture (not necessarily involving your child), it is you who must intervene and change the situation. Remember, the law is on your side!

How to deal with parents who take sick children to kindergarten

If the condition worsens, it is irreversible to consult a pediatrician. If blood and mucus are present in the stool, this is a sign of an allergy or infection.

Kindergarten is an environment in which a variety of diseases are present. With reduced immunity, the risk of infection increases. If you have the following diseases, your child should not go to kindergarten.

How should it really be? The Law “On Education” (Article 32) states: “Educational institutions are responsible for the life and health of students, pupils and employees of an educational institution during the educational process.”

And Article 51 specifies: the entire burden of responsibility is borne by officials - directors, heads, educators and teachers.

Not possible, but if you really need it

Just a cough and snot (of any color), if the child is alert and has no fever, is not a reason to refuse to admit the child to the group.

The teacher took the baby to the nurse, who “didn’t even find a scratch on the child,” smeared the bruise with brilliant green and sent him for a walk. After a quiet hour, Yegorka felt very bad. Then the frightened teacher called Elena. The doctor was never called.

There is only one answer to numerous verbal complaints to the director and teachers - we do not have the right not to let them in. Lies! They have the right to call a nurse and not allow the patient into the group.

No amount of talking with teachers about not accepting such children helps; all the arguments boil down to the fact that the parents need to go to work, but the child is NOT STRONGLY sick (that is, they take them until the baby collapses from a temperature of below 39). The manager also throws up his hands and says talk to these parents yourself... And how to inform them, how to fight them. so that sick children are not brought to the group?

Brought a sick child to kindergarten

Kindergarten has many advantages, but it is impossible to deny its obvious disadvantages. One of the most obvious is a higher incidence of illness in children's groups. The day when none of the two dozen kids sneeze, cough, or blow their nose should probably be marked on the calendar as a holiday.

And I!!!! The last time I had such a fight with my mother alone that after that some (her friends) tell everyone that I am inadequate...

All this talk about the fact that the child must get used to, adapt to the team, as practice shows, is a successfully invented, convenient story to blind parents. I don’t think there are children who sit in confined spaces before going to kindergarten and don’t communicate with anyone.

We talked about this topic with parents from different kindergartens in Minsk and asked teachers how they feel about “slightly sick” students.

How to deal with parents who bring sick children to kindergarten

In case the teacher is away for a long time, a nanny can stay with the children, but she is not responsible for the life and health of the children under her care. The head is given a note specifying the time of the teacher’s absence. During this period, the director is personally responsible. If there is no such note, then both the teacher and the head will be responsible for the emergency.

Anyone who has not encountered this disease does not know that children are considered contagious only in the first few weeks, when the disease is similar to a common ARVI. Afterwards, it causes concern only to the sick themselves.

• In my opinion, in this situation it is necessary to consult with a psychologist, too, for the most correct solution to the conflict.
• Imagine how they looked at me in the garden when, after a four-month absence, I brought children to the group, who sometimes began to “suddenly” cough?
• This means that no matter how the teacher found out about your child’s illness, she did not have the right, without good reason, to disseminate information about the disease.
• I think no mother would take a child with snot and cough if it is possible to leave him at home, and if it is not possible, then she has to take him to the garden and treat him in the evening.

ARVIs are transmitted by airborne droplets and the diseases are highly contagious. According to medical research, ARVI is spread by shaking hands and other bodily contacts.

And thus they infect healthy children. I was wondering what the definition of a “sick child” is in relation to your own child? Let's take a survey!

But as soon as we leave, everything immediately starts back to snot and cough. And the teachers also say that this is normal. Having a conversation with your parents will waste your nerves. You just have to wait until your immune system gets stronger.

Identified sick children or children with suspected illness are not admitted to the preschool educational institution; children who become ill during the day are isolated from healthy children (temporarily placed in the premises of the medical unit) until the parents arrive or are hospitalized in a treatment and prevention organization with the parents informed.”

If a parent very significantly violates the health rights of his child and other kindergarten children, then he can contact the prosecutor’s office, the children’s ombudsman, or the guardianship department, demanding that action be taken against the parent who is violating the child’s rights.

This article is in no way related to kindergarten workers who sacredly honor the Convention on the Rights of the Child and the Russian law on education, love their work and do it conscientiously.

To such colleagues I would like to say the warmest words of gratitude and appreciation for their work, for every day of a child in the garden, which they turn into a fairy tale.

Long live the teacher! Glory to his work!

Therefore, we can safely say that pneumonia is contagious. But, like most infectious diseases, it primarily affects a weakened body. This explained another fact. A child fell ill in kindergarten; he was already coughing and spreading the infection. The children, who were taken care of very much, but were weakened, still got sick. But the conditions in which they were located exclude a cold.

And, of course, he began to get sick, like all children. When it worked out, she took sick leave, sometimes swapped shifts with co-workers, and actively treated her baby. What else was left? I am not his enemy, and in an acute condition I will never take a child to a kindergarten group, primarily because he himself will feel bad there.

Skip kindergarten: without a certificate, without sick leave, how many times a week can you

About a year ago, my girls got sick with whooping cough. For three months they coughed until they vomited, and my husband and I did not sleep at night, taking turns, or even together, guarding them.

Read also: Procedure for communicating with a child: statement of claim, judicial practice, after divorce

According to indications, for example, if there is a runny nose, cough or signs of intoxication, the child’s temperature is also measured.

Yegor’s mother considered this punishment too lenient and filed a civil lawsuit demanding compensation for moral and material damage (a decision will be made any day now). She also wrote to our editor: they say that the child was maimed, and the teacher is getting away with it.

This procedure was established by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 25, 2018.

Is it possible to bring a child with a runny nose to kindergarten: a lawyer answers

Once upon a time, in one of the topics on a fairly popular portal, I saw a comment from the head of a kindergarten. Its essence boiled down to the fact that first parents literally fall at their feet, ask to admit their child to kindergarten, and then they put a spoke in the wheels of the institution’s staff, organize numerous inspections and pester them with complaints to the Department of Education.

Important. A certificate will not be needed if the child was absent from kindergarten for no more than 5 days, which does not include weekends and holidays.⠀ ⠀ Vostock Photo### Let's be friends on social networks!

Oh, this is a standard situation that we immediately encountered in kindergarten. Ours got sick on the second day after we were taken in for the first time! For a whole year I was constantly sick, the sick leave was closed as soon as the temperature became normal.

But the snot had not gone away yet, which is why exactly 5 days later we took sick leave again.

And if you sit at home, then sooner or later you will get better, come to the garden, get germs, get sick again, sit at home again - and so on in a vicious circle.

Prevention of childhood diseases

A separate topic is children with allergies, asthmatics or carriers of other chronic diseases expressed by snot and cough. If this is your case, be sure to present all the certificates when entering the kindergarten and warn the staff and the parent committee so that you are not “hunted.”

Whoever comes first is already competent in deciding whether to hospitalize the child or take him home.

And our doctors themselves allow such a situation by signing a certificate that the child is healthy when he is sick, and they should also not be allowed into the kindergarten “with cough syrup to boot.”

If you have no idea how to deal with such a situation, then don’t comment. I’ve already had to leave work twice because I can’t take a child with a high fever and choking on snot and cough to kindergarten.

But with small clear sniffles or a slight cough, I’ll go 100%, because I don’t have the opportunity to spend 3 weeks a month with my child at home.
If the manager’s phrase was said in relation to precisely such parents, it can be survived.

After all, you can’t say anything in the heat of the moment, especially on a forum where no one knows you. And if not?

Source: https://sawpro.ru/transportnoe-pravo/7063-bolnoy-rebenok-v-detskom-sadu-zakon.html

Obtaining a certificate for kindergarten after vacation

To obtain such a medical document, you need to perform a number of actions, including passing certain tests. We'll talk about this in more detail in this review.

Parents also have the right to pick up their child from kindergarten at any time of the year if it fits their vacation schedule. To exercise this right, parents only need to write a corresponding application to the administration of the child care institution.

In this case, the certificate confirms the normal state of health of the child and the well-being of his epidemiological environment. The main difference between a kindergarten certificate after a vacation is the “healthy” mark in the diagnosis column and a separate note about the child’s absence of skin diseases.

The document also contains the date from which kindergarten attendance is permitted.

Help after a break or vacation

Girls, today I went to work to get a certificate for the OVIR, I am applying for a foreign passport. Well, naturally I came in to congratulate everyone, see my colleagues, drink tea... I wanted to work, but I just can’t...

Even I’m already worried...we’re going to the nursery group. Well, how we go: we go for 2 days and go on sick leave. Last year, people in the State Police Department got sick once a year. In September they gave me kindergarten. How happy I was! And my son goes to kindergarten well. But the feeling of guilt does not leave me, because I take my son to the garden to “infect”. Moreover, we are not just suffering from ARVI with snot. These include high tempo and rotaviruses.

When is a medical certificate required for kindergarten? As soon as the child has enrolled in kindergarten, parents begin to wonder whether it is possible to temporarily not attend kindergarten and for how long.

A certificate to a kindergarten after a vacation gives permission for the child to attend this preschool institution. To obtain such a medical document, you need to perform a number of actions, including passing certain tests.

To save a place in a preschool institution, you must notify the head in advance. The contract concluded between you and the kindergarten must specify how many days the child can be absent from the kindergarten while maintaining a place.

Usually contracts specify a period of about 75 days, but there may be a different figure; it is better to check in your contract.

Skip kindergarten: without a certificate, without sick leave, how many times a week can you

I am writing for myself so as not to forget. And maybe it will be useful to someone too. This list of documents is relevant for single mothers and girls in civil marriages who are officially employed.

Despite the apparent simplicity of obtaining a certificate for kindergarten after a vacation, in practice, obtaining this document is often associated with a significant waste of time and nerves, which is especially offensive for those returning from vacation. And is it really safe to take a rested and healthier child to an appointment with a pediatrician, where contact with sick children is inevitable!

Thus, every parent whose child attends a kindergarten, after the vacation period, must take care of obtaining a certificate for their child authorizing their presence in the child care institution.

In order for your child to begin attending a preschool educational institution, he must be properly examined in the manner prescribed by the regulations of the Ministry of Health and Social Development.

Interested in Barnaul. We prepare honey. child's kindergarten card, speech therapist at the clinic on vacation until the end of August. Question: can I contact any speech therapist for help or should I go to some kind of medical center?

But during the process of studying in kindergarten, the child may get sick or miss “classes” for other reasons. For example, parents can go on summer vacation, but then the kindergarten management will need a special certificate as confirmation. This is what will be discussed in this article.

The certificate must contain a rectangular stamp of the medical institution (or be written on the institution’s letterhead), the personal seal of the doctor, the round seal of the medical organization (clause 10 of the order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n).

The regulatory requirements for the regime for a small child to attend kindergarten include the rules for returning to kindergarten after a long break. To be more specific, in accordance with SanPiN, after a child has not attended a children's educational institution for more than five days due to the manifestation of a disease or for other reasons.

At the same time, some educational institutions meet parents halfway and count the 3 days that the certificate is valid, bypassing weekends. That is, if the certificate is issued on Friday, then the child is allowed to go to kindergarten from Wednesday of the next week.

My friend is moving to another city as a child, and will receive a ticket to kindergarten one of these days. Tell the manager about this, backing up your words with a certificate from your husband’s work stating that he is a military man. In general, I can’t advise anything, it’s up to you to decide.

Information about the child’s health (absence of diseases), including a message about the child’s absence of contact with infectious patients.

My friend is moving to another city as a child, and will receive a ticket to kindergarten one of these days. Tell the manager about this, backing up your words with a certificate from your husband’s work stating that he is a military man. In general, I can’t advise anything, it’s up to you to decide.

All certificates issued at a medical institution for presentation to kindergarten employees are practically the same and may differ only slightly in appearance.

Tests for kindergarten after the summer are a standard examination that does not take much time. After this, the doctor confirms the fact of health or illness and issues the child’s parents a certificate stating that the child can attend preschool. More details about the procedure for obtaining a certificate are described in this article.

Left for 10 days. Before going to kindergarten, you need to get a doctor’s certificate stating that the child is healthy. I have a question: won’t they force me to take tests? What regulations stipulate the rules for admission to kindergarten after vacation? Is it legal to ask for tests? I have 1 day to do everything, I arrived today and should be in the garden the day after tomorrow.

Usually, parents exercise their child’s right to rest while preserving his place and without paying kindergarten fees during the summer, but if their personal vacation falls at another time of the year, then they also have the right to take the child out of preschool for a long period.

When enrolling in sports sections and children's clubs, you also need a certificate from a pediatrician. For parents, regularly visiting a doctor to obtain such certificates is a serious problem, since they have to take their child to medical laboratories and doctors during working hours.

Since the plan is to leave for 2 weeks, then go to kindergarten for a week, then leave again for 2 weeks. The nurse says that after 2 weeks of vacation, you also need to take these tests (scraping, egg worm, certificate). So why do I need to take them 3 times in a row... the queue is oh-oh-oh!

A question. My husband works unofficially, and he agreed on a short vacation for the time when I and my newborn are discharged home. We also want our eldest daughter to spend time with us and also take a week off from kindergarten. What can you do in this situation so as not to pay for kindergarten on days of absence?

The law provides for “children’s leave” in the summer - the opportunity not to attend a preschool institution while maintaining a place and exemption from payment for up to 75 days (there is no mandatory connection of “children’s leave” to the parents’ leave).

In order to obtain this medical confirmation, you will need to perform several specific actions. Including, you will need to take care of passing certain medical tests.

The hospital stamp should be rectangular in shape. The name of the clinic or hospital must be indicated on the form.

Therefore, the administration of the institution does not have the right to sum up the number of absences for a certain period in order to issue an order to expel a preschooler on this basis.

If the contract does not say a word about leave, this does not mean that the child does not have the right to leave. Every child in kindergarten has the right to leave. Talk to the kindergarten management and resolve this issue.

Sometimes a situation arises when a child requires long-term treatment or recovery after a serious illness, including in a sanatorium or other health care facility.

In accordance with all the rules, a medical certificate must certainly confirm the health of the baby. The contract does not contain any information on this matter. Hello! Tell me, please, if we are standing in line for both the nursery and the kindergarten, will we be able to keep a place in the kindergarten if we start going to the nursery (there are only children under 3 years old there)?

However, the law establishes that a child may not go to a preschool institution for up to 5 days in a row without providing a medical certificate stating that he has the right to be in a children's group.

If a child has not attended kindergarten for 1 month or more, to obtain a certificate you will have to take an enterobiasis test and visit a pediatrician.

The results of the examination for enterobiasis and worm eggs are valid for a month. A child is not allowed to attend a preschool institution if the results do not meet the norm. Then the parents treat their child and take everything again. After receiving positive results, the child can safely return to his group.

If a preschooler has a common cold, then it is enough to contact a pediatrician, who will issue a sick leave.

I continue to fight with the doctors... I just can’t “win” everyone: After examining the phthisiatrist, my husband came with a medical card and a certificate to the doctor at the kindergarten, she looked at everything, put all the necessary stamps and sent him to the “preschool/nursery commission at the clinic... As a result, yesterday morning I went there before work, they put in the missing stamps.

Maybe my husband will be able to somehow agree on such a certificate, I don’t know yet... Maybe you can do without it. All the information on the Internet is irrelevant in my opinion, well, what did I find... Who was recently in such a situation, share your experience, I will emphasize once again that the work is unofficial.

Such a document confirms that the child is in good health, and physical and other stress will not harm him.

The local doctor must also ensure that the child has received the appropriate vaccinations. If not, you will be offered to get vaccinated, or write an official refusal to do so. Vaccinations are given according to a specific schedule.

I thank your doctors who were able to describe my diagnosis so well and correctly select the test results for it!