Is a husband entitled to sick leave if his wife gets sick on maternity leave?

Is sick leave paid during maternity leave?

Sick leave for maternity leave is paid if the expectant mother presents two documents at work (Article 255 of the Labor Code of the Russian Federation):

• certificate of incapacity for work issued by a doctor at a medical institution (antenatal clinic);
• statement.

It is on their basis that compensation amounts are calculated and paid.

If the expectant mother does not work, in order to receive benefits, she needs to register with the employment service at her place of residence and provide maternity sick leave for payment.

Sick leave during maternity leave is accrued from the Social Insurance Fund in the amount of average earnings for two full calendar years immediately preceding maternity leave (Article 14 of the Law “On Mandatory Social Insurance...” dated December 29, 2006 No. 255-FZ). It must be remembered that there are maximum and minimum amounts of payment for this vacation, which are indexed (calculated) depending on the increase in the minimum wage and the limited amount of insurance contributions.

Information you will need to calculate maternity benefits in 2020:

• Estimated period: 2018–2019.
• Current minimum wage: as of 05/01/2018 - 11,163 rubles, from 01/01/2019 - 11,280 rubles.
• Maximum maternity benefits (for standard leave of 140 days): RUB 322,191.80.

If you doubt your calculations, use the explanations from ConsultantPlus experts. Get trial access to the system and proceed to the calculation example for free.

You must apply for maternity pay within 6 months after the end of the certificate of incapacity for work (Article 12 of Law 255-FZ).

Is sick leave paid during maternity leave? If, while an employee is on maternity and postpartum leave, a medical institution issues a certificate of incapacity for work on another basis, then this is a violation of the procedure for issuing sick leave. Such sick leave is not payable and the Social Insurance Fund will not accept it for credit.

Sick leave for a child's illness

To receive sick leave due to the baby’s illness, the father must take a certificate about the mother’s illness and present it to the clinic where the child was observed. Such actions have legal grounds until the baby turns 3 years old.

It is worth making sure that this document indicates the person who cared for the child. This recording is made by the doctor who is treating the mother. If force majeure circumstances arise in which the woman cannot provide this information, responsibility for the baby will be transferred to the father.

Payment of sick leave during parental leave for children under 3 years of age

Leave to care for a child up to 3 years old is given at the request of the employee, since this is her right (Article 256 of the Labor Code of the Russian Federation).

During this period, the woman is accrued and paid benefits.

IMPORTANT! If a woman has a prenatal and postnatal period during her maternity leave, then she has the right to choose one of the types of state benefits - for caring for the first child until he turns 1.5 years old or a maternity benefit for the 2nd child (Art. 10 of Law 255-FZ).

Sick leave taken due to incapacity for work is generally not paid while a woman is on leave. However, while caring for a baby, an employee can work:

• at home;
• according to a part-time work schedule.

When returning to work during maternity leave, a woman writes a statement to the company, and there is no need to wait for the administration’s consent to leave the leave, since it is the employee’s right to leave or not. In this case, she not only receives a salary, she also has the right to receive benefits (Article 14 of the Law “On State Benefits...” dated May 19, 1995 No. 81-FZ).

In case of illness of the mother or baby, you can take out sick leave during maternity leave for:

• myself;
• child(ren).

In this case, sick leave on maternity leave is paid for calendar days on a general basis.

Another situation: a non-working mother, while on maternity leave, ends up in the hospital. At the same time, the child is healthy. Can her relative, for example her husband, take out sick leave for himself based on his wife’s certificate issued by a medical institution? The situation has a solution, but it is often difficult to implement in practice.

The fact is that in such a situation, instead of the sick woman, her husband must go on maternity leave. This means that if a woman falls ill, she must submit an application to her employer to return to work on the same day. For obvious reasons, this is not always feasible. A solution to this problem is that the application to return to work (with the consent of the employer, of course) must be written and accepted on a date preceding the illness.

Thus, a woman, upon returning to work, receives the right to receive state benefits for sick leave, and the husband, on the basis of a certificate from a medical institution, goes on parental leave. After recovery, the mother goes on vacation again.

How maternity pay is calculated on parental leave, see this article.

Find out how to correctly calculate temporary disability benefits after maternity leave in ConsultantPlus by getting free trial access to the system.

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: Order for financial assistance for vacation (sample)

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

1. During hospitalization. If the father is nearby, in this case he takes responsibility for the child.
2. If the baby and the woman get sick at the same time.
3. 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.

Results

To go on maternity and postpartum leave, the expectant mother will need a sick leave certificate issued by a medical institution: receiving a certificate is one of the conditions for paying for it. If on leave the child is cared for not only by the mother, but also by other family members (relatives), then the allowance is paid to one of them.

Sources:

• Labor Code of the Russian Federation
• Law “On Mandatory Social Insurance...” dated December 29, 2006 No. 255-FZ

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Sick leave calculation

The responsibility for calculating the certificate of incapacity for work issued due to illness or pregnancy rests with the employer’s accounting department. The payment is also made last, but the Social Insurance Fund will compensate this amount in the future. The employer only pays for the first 3 days of the ballot. In case of incapacity for work due to pregnancy and childbirth, the period is compensated in full from the Social Insurance Fund budget.

The amount of social benefits for pregnancy for women registered in the social insurance system is established in accordance with the provisions of Article 11 of Law No. 255-FZ.

The following points are taken into account:

• the payment is 100% of the average salary;
• for less than 6 months of service, social benefits are paid in an amount not exceeding the minimum wage for a calendar month.

Expert commentary

Gorchakov Vladimir

Lawyer

As for how to calculate the amount of benefits, it is necessary to rely on the standard calculation procedure, where the average daily profit is multiplied by the number of days of sick leave. In this case, compensation for a bulletin issued on the basis of illness is calculated taking into account the employee’s length of service (Article 7, Law 255-FZ).

The payment will be:

Average earnings in each situation are calculated by summing wages for the last 2 years and dividing the resulting value by 730 (fixed value).

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

1. 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.
2. 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).
3. The family member presents the certificate to his employer, and on this basis goes on parental leave.

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.

Birth certificate

Since January 2006, when going on maternity leave, pregnant women began to receive a special document - a birth certificate. It is designed to improve the quality of medical care for pregnant and postpartum women.

The expectant mother receives a birth certificate at the antenatal clinic (a state or municipal health care institution that provides free medical care to women during pregnancy and has a license for medical activities in the specialty “Obstetrics and Gynecology”) upon presentation of a passport or other identification document (for example, for For military personnel, this is an officer’s identification card or a military ID; for expectant mothers under 14 years of age, this is a birth certificate), an insurance policy for compulsory medical insurance and an insurance certificate for compulsory pension insurance.

If a woman does not have an insurance policy for compulsory medical insurance, an insurance certificate for compulsory pension insurance, or a document confirming registration at the place of residence (stay), notes are made in the appropriate columns of the birth certificate about the reason for the lack of documents.

The time for issuing the certificate coincides with the registration of maternity leave and is carried out at 30 weeks of pregnancy (in the case of multiple pregnancy - at 28 weeks) by municipal health care institutions that monitor women during pregnancy and have an agreement with the Social Insurance Fund of the Russian Federation.

The birth certificate is filled out by a doctor. It should be remembered that it is not the future children who receive the birth certificate, but the woman. Therefore, for any number of children there will be only one certificate. A birth certificate is a document of strict accountability that gives medical institutions the right to receive monetary payment for the management of pregnancy or childbirth.

The birth certificate consists of several parts: a spine, four coupons and the birth certificate itself. The counterfoil is required to confirm that the document was issued. He remains in the antenatal clinic or the medical institution in which the certificate was issued. When issuing a certificate, the antenatal clinic retains coupon No. 1. At the same time, the pregnant woman has no right not to give coupon No. 1, even if she is dissatisfied with the doctor’s work.

Coupon No. 1 of the birth certificate is intended to pay for services provided to the expectant mother on an outpatient basis. Coupon No. 2 of the birth certificate is intended to pay for services provided by the maternity hospital. The voucher is not paid only if a tragedy occurs (the mother or baby dies) or if the birth was carried out on a commercial basis. Coupons No. Z-1 and 3-2 are intended to pay for dispensary observation of a child during the first year of life.

Additionally

So, according to the general rules, a woman cannot demand sick leave from her employer if the child falls ill while the latter is on maternity leave. But what to do if the health of a young mother has deteriorated so much that she cannot care for her newborn?

In this case, the mother of the baby must come to her work and submit to her boss an application to interrupt maternity leave for the period of her illness. In addition, the latter must attach to the document a certificate from the hospital confirming her state of health. If a woman, due to poor health, cannot personally visit her employer and write a statement, then one of her relatives can do this. The latter must have with him a document confirming his relationship with the woman.

Then the manager issues an order to interrupt the employee’s maternity leave due to her illness. The husband or other relative brings a copy of this order (certified by the HR department) to his place of work. This document will confirm that the baby’s mother is indeed seriously ill and cannot look after the child. Another family member will take sick leave and legally care for the child.

When to apply

It is recommended to have closed sick leave during maternity leave under two circumstances:

• If, at the end of the period of leave under the BiR, the woman in labor experienced complications, a painful condition was recorded (clause 22, order No. 624-n);
• If a citizen, during maternity leave, continues to work at home or at the workplace while employed part-time (clause 23, order No. 624-n).

According to paragraph 40 of Order No. 624-n, a sick leave certificate for caring for a sick child is not required to be issued if the employee is on maternity leave of any kind, but a temporary disability certificate due to the child’s illness can be issued in this case. The basis for this is that the woman in labor goes back to work at the end of her maternity leave under BiR. If an employee is on maternity leave to care for a small child, it is not necessary to take sick leave, and it is issued under standard conditions.

The legislation regulates the calculation and algorithm for paying benefits to employees during maternity leave, depending both on employment, on the type of leave, as well as on the characteristics of the work of the woman in labor.

When will they be produced

According to Order No. 624 and Federal Law No. 255 of the Russian Federation dated December 29, 2006, sick leave during maternity leave to care for a newborn child is paid if the employee continues to work in the organization part-time or works at home. Payment of sick leave is also acceptable in case of complications during childbirth or during a caesarean section. In such a situation, a second sheet of temporary disability is issued, which extends the paid period of maternity leave. The procedure is an extension of leave, so a personal application addressed to the manager, confirmed by a certificate of temporary incapacity for work, is required. Additional sick leave must be provided no later than 30 days after birth. This can be done independently or through a trusted person.

In all other circumstances, after the end of maternity leave, sick leave benefits may stop being paid.

The amount of sick leave is calculated according to the usual scheme and can be up to 100% of the average daily earnings for the last two working years.

When will not be produced

If an employee does not go to work during the declared leave to care for a child under 3 years of age or does not continue to work at home, sick leave will not be accrued. This happens for the reason that during this period the woman in labor already receives social benefits guaranteed by the legislation of the Russian Federation. It can be of two types:

• Maternity benefit according to BiR. They are paid in the amount of 100% of the average income (clause 1, article 11 of Federal Law No. 255);
• If a citizen is on parental leave to care for a child up to 1.5 years old, they are paid a benefit in the amount of 40% of the average salary (Clause 1, Article 11.2 of Federal Law No. 255).

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If a woman who is on leave to care for a small child experiences another pregnancy, she has the right to apply for any benefit she wishes.

According to the law, a woman has the full legislative right to issue sick leave during maternity leave when applying for part-time work or continuing to work at home. Parental leave is not mandatory from the point of view of the law; its registration is always of a declarative nature, and payment of sick leave during this period is carried out under the same conditions as during the period of maternity leave under the BiR for a woman. It is necessary to more accurately calculate the time of going on maternity leave, since there are factors that affect the amount of sick leave benefits at this significant stage of life.

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.

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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.”