Sick leave during pregnancy: are women given the right to take sick leave before maternity leave and how to do this, as well as what is the payment before the leave?

Author of the article: Anastasia Ivanova Last modified: April 2020 5361

Whether it will be possible to open sick leave during maternity leave depends on the type of leave. Namely, the reasons why the woman temporarily interrupted her work activity. If there is a certificate of incapacity for work, compensation is paid by the employer according to standard regulations. The basis for the calculation is the employee’s average daily earnings.

Which of the pregnant women was on sick leave most of the time?

At 8 weeks there was a threat, she spent 2 weeks in the clinic, and after 2 weeks she was on vacation. I went to work for three days, and on the fourth day they did an ultrasound (12 weeks) - the uterus was in good shape, threatening. I've been on sick leave for a week. I feel bad, my belly is tight, my lower back hurts + low blood pressure, weakness, dizziness. The husband says to stay at home until maternity leave, why risk the child. Is this realistic, are there any laws on this matter? Who should I negotiate with - the doctor or the head of the housing complex? Give money? I really look forward to your advice. Thank you

Quite often I was on sick leave, in a human consultation, and the doctor prescribed it. Later I’ll go out for a week and go home again.

The doctor in the residential complex herself gave me sick leave and kept me at home. I was on sick leave from almost 10 weeks until my maternity leave. However, before the maternity leave I took a leave and I had the opportunity

I've been on sick leave a lot. I didn’t ask, the doctor herself gave it, despite the fact that there was nothing very important. Presumably, in order not to go to work at all, this will not turn out to be the case, due to the fact that the gynecologist does not have the opportunity to forever extend sick leave.

And at the time when I was walking with my son, the head asked me to write it on my own.

Well, you supposedly refused as a human being?

From the 8th week I was sitting at home until the 24th week, they gave me sick leave, and even then they found loopholes so that everything would turn out. It all depends on the doctor in the residential complex. There are people who are really nervous about pregnant women and give them sick leave. It is possible to remain on sick leave throughout your pregnancy. It’s just a hassle for doctors to renew them, due to the fact that they need to assemble a working group, etc. What if the doctor in the residential complex does not want to deal with this hemorrhage, then he will give a maximum of sick leave for a month, and even then, if not less. But by and large, I am shocked that it is so difficult for pregnant women with a threat to take sick leave, especially in our stressful times.

How are such sick leave paid?

my sister did this. before B. there were a couple of miscarriages. Based on this, I’m almost immediately on sick leave. works at the tax office. I took it first because I had a cold, and later from a surgeon (like a sprain, but not a fracture). etc. before giving birth. management accepted inquiries normally

I spent the entire pregnancy from 4 weeks on sick leave, but they found a tube on me (((. and I took the maternity leave ones, which weren’t bad.

How to stay on sick leave throughout pregnancy

The first scenario is when a woman is really sick, and her work threatens her health. The second scenario is a simulation, i.e. you don’t have a real illness, but you don’t want to work. Each scenario has its own plan of action.

Scenario #1

The fact is that only a medical commission has the right to extend standard sick leave for a period of more than two weeks. The basis for such a decision is medical opinions, test data, examination results, and so on.

In the most difficult cases, the commission may issue a verdict to increase the duration of sick leave to ten months. It is clear that this period will automatically mean release from work for the entire period of pregnancy and even more.

Such an extension of sick leave may be followed by a referral to a hospital for conservation, sanatorium-resort treatment, etc. But as you understand, all this is only suitable for those who actually have complications. What should those who have no complications do, but don’t want to go to work?

Scenario #2

In this situation, you need to use more cunning tactics. It includes not only sick leave, but also a number of other mechanisms.

Firstly, despite the fact that one doctor cannot give you sick leave for more than 2 weeks, the law does not prohibit you from taking two (or more) sick days in a row (two weeks each), but from different doctors.

That is, you should alternately and as often as possible take sick leave from different doctors. Two weeks with a therapist, two weeks with a neurologist, two weeks with a gynecologist, etc. This is exactly what tactics should be based on.

Sick leave for pregnant women before maternity leave

The reasons for registering sick leave before a vacation of the type in question can be very different. Most often they are the following:

a disease directly related to pregnancy – a significant deterioration in well-being;
loss of ability to work for a reason that is in no way related to pregnancy;
desire to go on maternity leave early.

Today, a woman must be observed by a medical specialist and registered at the earliest stage of pregnancy. You will need to be checked periodically by a supervising healthcare professional. Sometimes it happens that pregnancy begins to progress with some complications and the supervision of a qualified specialist is required constantly, a hospital is required. Accordingly, the ability to work in this case is lost. It happens that during the period immediately before childbirth, a woman falls ill.

Option 3. Mother on maternity leave, working part-time, child gets sick

The child's mother, while on maternity leave, works part-time or at home, and her child falls ill.

Since a woman works, she pays taxes, which means she has every right to receive paid sick leave, along with receiving a monthly child care benefit for up to 3 years.

In accordance with Art. 183 of the Labor Code of the Russian Federation, payment of temporary disability benefits is guaranteed to the employee.

How to apply for sick leave for a working woman on maternity leave

Based on a medical report, the doctor issues a sick leave certificate for caring for a sick child for the entire period of his treatment at home or in the case of joint stay with the child in a medical organization, but for no more than 60 calendar days in a calendar year, or in certain cases established federal laws, no more than 90 days. The terms for which sick leave is issued are specified in paragraph 34 of Section V of the Order of the Ministry of Health and Social Development dated December 23, 2009 “On approval of the procedure and conditions for the appointment and payment of state benefits to citizens with children.”

Is it possible to take sick leave before maternity leave in 2020?

Important: Extension of the period of incapacity established on the initial sick leave is possible in accordance with the medical report of the perinatal center, maternity hospital or maternity ward of the hospital that performed the obstetrics. In particular, the period of exemption from work on the sheet may be extended:

for 16 days - in case of complications during normal childbirth;
for 54 days - if the fact of multiple pregnancy is established at the time of birth.

In these cases, an additional certificate of incapacity for work is issued at the place of birth, establishing an extended period of maternity leave.

In particular, below is a sample of continuation of sick leave for pregnancy and childbirth, issued due to the complicated nature of labor.

Will disability be paid for while on maternity leave?

The law gives the mother the right to apply for disability payment, but only if she takes care of the child until his third birthday and, at the same time, does not refuse to work at home or fully at her workplace in the office.

In all other cases, you cannot count on any payments, on the basis that there are no prerequisites for making a payment. As for the accruals for illness, they will not be, since the woman already uses the social benefit that is provided for the insurance, namely:

according to the Law (Article 11 No. 255) - the employee will receive a benefit equal to the full monthly salary when taking leave under the BiR;
before the baby turns 1.5 years old, 40% of the average income when receiving leave due to the need to look after a newborn.

If an employee is on maternity leave, she will not be able to get sick leave either to look after the child due to illness or due to personal health problems. As an exception, situations may be considered when she continues to work full time or has chosen to begin her work duties at home. In such a situation, if approved, the mother will receive payment and the certificate of incapacity for work itself on a general basis.

As for the amount of benefits provided, it will depend on the accumulated insurance experience. Under certain circumstances, the amount can range from 60 to 100% of the average earnings of a young mother over the last 2 years.

How to go on sick leave before maternity leave in 2018

necessary records are made in specially designated cells;
filling out each field starts from the first cell;
records should not go beyond the boundaries of the cells, and should not touch them;
entries are made only in Russian in capital letters of a printed font, as a rule, using printing devices;
when filling, it is not allowed to use a ballpoint pen and it is permissible to use a gel, capillary or fountain pen with black ink;
Filling out errors are not allowed; a damaged sick leave certificate must be replaced with a new one.

The procedure for issuing sick leave for pregnancy and childbirth In general, sick leave for pregnancy and childbirth is issued at the place where the pregnant woman is registered at the obstetric stage of 30 weeks of pregnancy (28 weeks for a multiple pregnancy).

Is it possible to go later than expected?

When trying to get an answer as to whether it is possible to go on maternity leave after 30 weeks, you should check with your doctor to see if this poses a threat to the health of the mother or child.

The leading specialist must:

check test results;
study the features of fetal development;
assess the general condition of the pregnant woman;
compare the health status and working conditions of the woman.

If there is no threat to the life of the mother and child, you can safely refuse maternity leave. However, a couple of days before the expected date of birth, it is strongly recommended to stop working. This will allow you to relax and focus on the process of childbirth. Also, the necessary documents and things that women take with them to the maternity hospital will always be at hand.

There are several main reasons to refuse rest at 30 weeks of pregnancy:

the woman is an individual entrepreneur and has not entered into an agreement with the Social Insurance Fund (FSS);
there is no possibility to transfer your work affairs to another person;
sick pay is less than what could be received with full time worked;
short work experience.

An employer cannot force a woman to go on maternity leave. To do this, he needs to get a statement from her. It is prohibited to leave her in a position where her work duties may threaten the life and health of the employee and the unborn child. If the employer does not want to terminate her work duties, she is obliged to transfer the woman to another position.

Sick leave for pregnancy and childbirth when going on maternity leave

Info

We also recommend reading: How many days can I take? The validity period of sick leave usually does not exceed 15 calendar days, but during pregnancy, the number of days can be increased. Important! It depends on the complexity of the case and the condition of the expectant mother.

The extension is carried out according to the conclusion of the medical commission for the period until complete recovery. For employees recognized by a medical commission as disabled, sick leave is provided for a period of 4 months during one continuous certificate of incapacity for work or 5 months during the year in total.

In addition to your own condition, you can apply for a paid sick leave certificate for the following reasons:

Baby care. Up to 7 years of age, the entire period of the child’s illness is paid, from 7 to 15 years old - 15 days, from 15 to 18 years old - 7 days.
Caring for a disabled child.

When the vacation was not issued

If a pregnant woman did not take sick leave, but worked until the very moment of childbirth, then she can receive a second sick leave equal to 70 days of maternity leave directly in the maternity hospital .

She can submit a certificate of incapacity for work to the employer along with the application either upon discharge, or by mail or with the help of an authorized representative.

In this case, who issues sick leave, for how long, and how will it be paid?

Sick leave is issued for a period of 70 days for a singleton pregnancy , and 94 days for a multiple pregnancy . The employer will pay for this sheet, but only upon submission of the application to him. The document itself is issued by the chief physician upon discharge from the maternity hospital.

Duration of such sick leave?

Maternity leave lasts 70 days, and upon the end of the maternity leave, a woman can take out maternity leave . Also, a woman can leave maternity leave without working the required two weeks.

How is sick leave paid during pregnancy, how will maternity leave be paid?

But at the same time it is necessary to remember a large number of different nuances. If possible, be sure to carefully consider the following important questions:

as much as possible?
registration procedure;
making payments.

To what extent is this possible? Today, the procedure for generating sick leave, as well as registering maternity leave, is reflected in sufficient detail in the current legislation. Procedure for registration The sick leave itself, as well as maternity leave, must be issued separately from each other.

Registration procedure

Many people are interested in the question: if the child’s mother gets sick, will the father be given sick leave? This is quite possible, but only on the condition that the woman on maternity leave is ill and cannot properly care for her small child. It is worth noting that whether the father receives sick leave or not does not depend on the severity of the mother’s illness.

In special cases, the employee does not have to notify his management about this personally - a phone call is enough. Also, if the baby is left unattended, the father can exercise his right not to go to work that day. For example, in the case when the mother was taken by an ambulance.

This is important to know: Calculation of vacation compensation upon dismissal after parental leave (maternity leave)

Other people, including the father, can begin caring for the child if the mother's poor health is accompanied by the following measures:

During hospitalization. If the father is nearby, in this case he takes responsibility for the child.
If the baby and the woman get sick at the same time.
For outpatient treatment. In this situation, the help of loved ones will be needed due to the need to temporarily isolate the mother from the baby so as not to infect him, for example, with ARVI or influenza.

To provide evidence to the employer, the father or other relatives must take a certificate stating that the mother really cannot be with the child and is being treated in a hospital. In the second and third cases, you need to contact your doctor - you can call him at home and ask him to write out a certificate with recommendations.

After the father has received this certificate, he has the right to apply for sick leave if the employee is currently on postpartum paid leave, until the child is 2 months old, and also if the baby is sick.

Sometimes a father may encounter problems from doctors who do not want to issue a sick leave certificate - these actions are illegal. In this case, they should remind them of the provisions of law number 624, which came into force back in 2011. It will be indicated here that sick leave is given to the person caring for the baby, due to the fact that the mother is not yet able to provide him with proper attention.

If the baby is not yet 2 months old, you should contact the children’s hospital, which is assigned to the family’s place of residence, or a pediatrician with the certificate received. He is obliged to provide a certificate for the father, which will confirm the need for care, regardless of whether the child is healthy or sick. If the medical worker refuses to issue the document, the father has the right to contact the local medical director at the local clinic and appeal the actions of the pediatrician.

From maternity leave to maternity leave. How is sick leave paid for pregnancy and childbirth?

a medical organization registered with the expectant mother during pregnancy (antenatal clinic);
obstetric care institution (perinatal center, maternity hospital or maternity ward in a hospital at the place of residence);
employer (legal entity or individual entrepreneur providing a workplace to a woman during the prenatal and postnatal period);
territorial branch of the Social Insurance Fund in which the employer is a member;
a woman herself carrying out official labor activities in Russia.

To take into account the rights and interests of these parties in the context of the need to protect the rights and health of pregnant women and young mothers, a new form of a certificate of incapacity for work, introduced into circulation in Russia on July 1, 2011, by Order of the Ministry of Health and Social Development of April 26, 2011 No. 347n, helps.

Instructions 1 Contact your therapist and complain about feeling unwell. Many doctors are sympathetic to pregnant women and issue them sick leave without delay.

If you have some kind of chronic disease, you can contact a specialist (for example, a neurologist or endocrinologist) so that he can issue you a sick leave. 2 If a doctor has written you a referral to a hospital, then regardless of whether you agree with his decision or refuse treatment in the hospital, he is obliged to issue you a sick leave, since the illness may threaten the health of your child. When prescribing outpatient treatment, follow all the doctor’s instructions and if your health worsens, be sure to go to the hospital.

3 If your pregnancy threatens complications during childbirth, contact your gynecologist so that she can examine you and, if there is a threat of premature birth, refer you to the hospital.

Maternity payments

In order to understand how repeated maternity leave without going to work is paid, you should understand the structure of maternity leave. In accordance with the legislation of the Russian Federation, maternity leave is divided into the following periods:

for pregnancy and childbirth;
child care up to 1.5 years old;
for child care up to 3 years old.

Each period has a different duration and amount of benefits due. The separation is provided due to the impossibility of predicting in advance what the duration of the prenatal and postpartum period will be.

In fact, the structure is necessary for the convenience and accuracy of calculations, and the vacation period itself lasts continuously. The first part can range from 140 to 194 days . The period depends on the severity of childbirth and other circumstances specified in Art. 255 Labor Code of the Russian Federation.

The time frame of the second period is limited to the onset of 1.5 years of age for the baby, on the one hand, and the writing of an application by the mother about the end of leave under the BiR, on the other hand.

The source of financing for this period is the Social Insurance Fund, the amount of payment is regulated by the relevant legislation (Federal Law “On compulsory insurance in case of temporary disability and in connection with maternity” and is 40% of average earnings (Article 11.2 of the above-mentioned law).

The third period is limited by the age of the child (the onset of 3 years); in special cases described in Article 262 of the Labor Code of the Russian Federation, additional days off are provided after 3 years.

Providing financial support during pregnancy and childbirth, as well as during the period of caring for a baby up to 3 years old, is one of the types of insurance.

In accordance with existing standards, the expectant mother is entitled to:

A one-time payment, subject to early registration, in the amount of 628.47 rubles. There is a bill according to which, if adopted, the payment will be indexed in 2019-2020 to 649.84 rubles)
One-time assistance after childbirth, in the amount of 16,759.09 rubles. (planned to increase to 17,479.73 rubles) To receive it, you should contact your employer, and if you do not work, then the social security authorities at your place of residence.
Monthly payment under BiR. The amount of this type of assistance is calculated individually, depending on the woman’s labor status. Working women receive the equivalent of the average salary for the last two years. The amount of payments to unemployed women is equal to the minimum wage (minimum wage). From January 1, 2020, it is equal to 11,280 rubles (Federal Law No. 481 of December 25, 2018).

At the same time, before the child turns 1.5 years old, the minimum benefit for 1 child for the unemployed in 2020 was 3142.33 (from February 1, 2019 it is expected to increase and amount to 3277.45), for the second child in 2020 - 6284.65 (presumably from February 1, 2019 - 6554.89)

The deadline for applying and submitting documents to the service is standardized - no later than 6 months before the end of the Birth and Reconciliation leave.

The amount of payments directly depends on the presence or absence of work and income received over the previous 2 years . The B&R benefit is paid to workers in the amount of salary, and to full-time students - in the amount of a scholarship.

Women who lost their jobs during maternity leave (to care for a child) due to the liquidation of the company will continue to receive 40% of their salary, i.e. the same amount, only you will need to contact social services for it. service.

The amount paid to students of secondary and higher educational institutions corresponds to the amount of the scholarship, and for military personnel working under a contract - to the amount of monetary allowance.

Sick leave before maternity leave according to the labor code

Payment for sick leave for an employee before maternity leave is carried out at the expense of the employer and funds from the Social Insurance Fund. If a sick leave certificate is issued in connection with an injury and the basis for classifying the case as an insurance case is established, payment of the benefit is made entirely at the expense of the Social Insurance Fund.

When calculating benefits with the participation of the employer, standard entries are made. Unlike maternity benefits, amounts paid to an employee before maternity leave are taxed. Name of transaction Account debit Account credit Calculation of benefits for the first 3 days of sick leave 20 (44, 26) 70 Calculation of benefits for the remaining days of illness 69 70 Personal income tax withheld 70 68 Payment of benefits to the employee 70 50 (51) Enterprises participating in the Social Insurance Fund pilot project , benefits are accrued only for the first 3 days. Free legal consultation Home How to take sick leave before maternity leave so that it does not affect the amount of maternity benefits? I'm about to go on maternity leave, I'm not feeling very well, I don't want to work, fatigue and stress are constantly making themselves felt - is this a familiar situation? In such cases, the doctor observing the pregnant woman may suggest taking sick leave.

Option 4. The child is healthy, the mother goes to the hospital

The child is healthy, but the mother is admitted to a medical facility due to poor health.

How to register sick leave for a non-working mother on maternity leave

Since it is impossible for one person to receive both benefits at the same time - both for temporary disability and for child care (Article 183 of the Labor Code of the Russian Federation, only working citizens have the right to pay for sick leave), it is necessary to interrupt her vacation; for this, the employee writes a statement to the employer about the interruption vacation , and transfers it either personally or through relatives who can document the relationship.
The employer is obliged to issue a certificate stating that monthly benefits are not provided and that parental leave has been interrupted (based on clause 3 of article 4.3 of the Federal Law of the Russian Federation “On compulsory social insurance in case of temporary disability and in connection with maternity”, the insured person has the right to receive relevant certificates from the insurer (employer).
The family member presents the certificate to his employer, and on this basis goes on parental leave.

This is important to know: Is it possible to take a vacation with money?

This way, the mother will receive unemployment benefits without losing her monthly benefit.

Important : Maternity leave is necessarily extended to the mother for the period of days indicated on the sick leave.

Sick leave for pregnant women before maternity leave

Registration of sick leave for the period of maternity leave (maternity leave - M&R) is the prerogative of the employee. When applying for maternity leave:

A person has the right not to take leave and continue working or present sick leave on general grounds.
For the days on which the person continues to work, the employee is entitled only to wages or benefits.
A sick leave on a general basis that crosses the start date of maternity leave does not change the opening date of the B&R bulletin.
Registration of leave depends on the date the employee submits the application.

The provision of a period of maternity leave is carried out within the period established for medical reasons. It is possible to impose periods of incapacity for work on general grounds or on the basis of BiR.

Category: Legal consultation

Calculation of benefits and wages

There are several options for paying maternity benefits together with wages, the mechanisms of which need to be carefully studied.

What will be paid to a woman who did not go on sick leave for childbirth, but continues to work?

If a woman has already provided sick leave for pregnancy and childbirth, but decided not to go on maternity leave, but went to work as usual, then the situation here is very twofold.

On the one hand, the employer does not have the right to officially pay her wages (during maternity leave), because in accordance with all the documents, she is on vacation and receives benefits . On the other hand, a woman is still in the organization and performs a labor function.

The answer to this question was given by the Federal Antimonopoly Service of the Volga-Vyatka District on October 28, 2008 in case A031 . In a situation where maternity leave is officially issued, the employee can only claim maternity benefits, and she cannot receive wages .

However, the employee and the employer can enter into an oral or written agreement between themselves , in which the manager would promise to make an additional payment in the established amount for the days the pregnant woman worked within the organization. If the employer refuses such an offer and says that it is not in his interests, the woman has no choice but to go on vacation.

How are salaries paid in this case?

If a pregnant woman has not filed a certificate of incapacity for work at 30 weeks , but continues to work until a later date, her salary is accrued until she submits an application for leave .

If the employer issues such an application retroactively and equates it to the date of drawing up the certificate of incapacity for work, this is a violation of the employee’s rights and may lead to legal proceedings.

Only after the fact of acceptance of the application does the salary stop accruing, and the accrual of maternity benefits begins.

Comments

— I’ve been on sick leave since 20 weeks

— @youli, how did you get sick leave?

— I spent almost all of B, although I was in the hospital twice. I filed sick leave in different places: in a residential complex, from a lady from a private clinic, from a therapist

— From the 10th week I was in hospital, either with a gynecologist or with a therapist, with the gynecologist I agreed to have me removed for preservation, then I extended my sick leave to a maximum of 45 days,

- I took at my own expense from 23 weeks to 30, and from 6 weeks to 14

— I sat since 13-14 weeks

- from different doctors. therapist, neurologist, gynecologist,

— I’ve been in prison since January 14th until now. Like, two weeks in the hospital, a week at home, two weeks in the hospital, at home 3, and so on in a circle)

— Me from 12 weeks until maternity leave