Features of obtaining a certificate of incapacity for work by women in the position of sick leave due to pregnancy

Is it possible?

For what period?


How to get sick leave during pregnancy?

When do they give? We all know that when a woman reaches a certain advanced stage of pregnancy, she goes on long maternity leave.

In case of a singleton pregnancy, this period begins upon reaching 30 weeks , and in case of a multiple pregnancy (two or more children) at 28 weeks (Article 255 of the Labor Code also informs about the duration of the certificate of incapacity for pregnancy and childbirth).

It is believed that at this stage it becomes difficult for the expectant mother to cope with her job responsibilities and she needs to devote maximum of her strength and energy to preparing for childbirth.

But can a woman count on rest earlier, for example, in the first trimester of pregnancy, when it is so important to take care of her body so that the baby develops properly?

Of course . True, due to your lethargy, fatigue and irritability, not a single doctor will allow you to leave your position, even for a while. The reasons for issuing a sick leave must be thorough, serious , identified during examination and could lead to irreversible consequences for the mother and child.

An expectant mother should not take possible pain and discomfort lightly. They may be the first warning signs to which you need to respond in a timely manner and, if possible, be under the supervision of your attending physician.

Thus, we can conclude that at any time, starting from the moment you learned that you are in an interesting situation, and no one has the right to refuse to issue you a sick leave certificate , if there really is poor health and a threat to mother and child.

Disability of pregnant women

Usually, most doctors always meet them halfway and issue sick leave at the slightest indisposition. Any doctor has encountered pregnancy either through his own example, or through the example of his wife or relatives, and knows how difficult it can sometimes be even in a short period of time. Moreover, it is in the first trimester that pregnancy is usually difficult to tolerate due to toxicosis.

However, some expectant mothers abuse their position, perceiving pregnancy as a disease. And even if no one has to doubt their health, they require special treatment. Such patients often try to go on sick leave over and over again so as not to appear at work before maternity leave.

There is a third nuance. In the treatment of pregnant women, priority is given to one thing - to prevent complications. And doctors often try to play it safe. For them, it is safer to treat the expectant mother a little more than necessary, leave her under observation, and prescribe medications.

Pregnant women are often offered hospitalization in a hospital or at least the option of a day stay in the hospital.

Maternity leave

Previously, this was the name for the period that began from the 7th month of pregnancy and allowed a woman not to go to work legally. In fact, this is also a sick leave - for pregnancy and childbirth. It is given for a period of 140 to 194 days, depending on the complexity of the birth and the number of children born.

This sick leave certificate is issued by the attending physician - gynecologist in the antenatal clinic together with the head. Every woman has the right to receive sick leave for pregnancy and childbirth, regardless of the period when she first appeared at the antenatal clinic. The main thing is that this happens before the 30th week of pregnancy (before the 28th in the case of twins or triplets). If a woman wants to continue working until she gives birth, she will not have to go on sick leave against her will.

Who can give?

Who can give sick leave for pregnancy?

Upon discovering her interesting situation, a woman should contact a gynecologist at her home address and register for pregnancy at a medical institution.

Many people use the services of private clinics, while others prefer public ones.

It doesn’t matter in what form your pregnancy is monitored, the main thing is that your condition is monitored by a qualified doctor .

In addition, a pregnant woman is examined by other specialists, who, if any abnormalities are identified, may offer sick leave during pregnancy. Such doctors include an endocrinologist, dentist, ENT specialist, ophthalmologist, immunologist, cardiologist.

At the gynecologist

Do gynecologists give sick leave during pregnancy? A gynecologist is a specialist who will manage your pregnancy from the moment it is discovered until the birth itself. Even if the course of your pregnancy is favorable, you will see this specialist very often, because his responsibilities include constant monitoring of your condition . Therefore, if complications and negative factors are detected in the gynecological field, your local doctor has all the authority to issue you sick leave for pregnancy.

The most common reasons for receiving sick leave are:

  • toxicosis;
  • threat of miscarriage;
  • sexually transmitted diseases and infections;
  • bad feeling;
  • swelling;
  • complaints of high blood pressure;
  • uterine tone;
  • pathology of fetal development.

Even if the reason for your complaint is not of a gynecological nature, the gynecologist observing you gives you a referral to visit a specific specialist who can determine the severity of the ailment and, if possible, issue you a certificate of incapacity for work.

At the therapist

How to take sick leave from a therapist during pregnancy? Despite the fact that the general practitioner does not constantly monitor pregnant women, he is still authorized to issue sick leave certificates if there are grounds for this.

During pregnancy, women are examined by various medical specialists, after which the general practitioner makes a conclusion about the woman’s condition.

It is not uncommon for cases when the final examination reveals grounds that may threaten the health of the mother and child and the doctor is forced to offer treatment in a medical institution.

These reasons often include:

  • exacerbation of allergic reactions;
  • cold;
  • the presence of chronic diseases, as well as their exacerbation;
  • bad test results.

How to take sick leave during pregnancy and what to do if it is not given

  1. Gynecological:
      threat of miscarriage;
  2. toxicosis of a pregnant woman;
  3. high or low blood pressure;
  4. swelling;
  5. venereal diseases;
  6. infections;
  7. pathology of child development;
  8. uterine tone.
  9. Are common:
      cold;
  10. flu;
  11. ARVI;
  12. allergic reactions;
  13. exacerbation of chronic diseases;
  14. poor clinical test results;
  15. weakness, etc.

The legislative framework

How can a pregnant woman protect her rights and legally obtain sick leave? On what grounds can doctors refuse to issue it? Is it possible to avoid hard work in such a state? We will try to give comprehensive answers to these and other questions in our article.

If the expectant mother complains of a disease that is not gynecological in nature, then the treating gynecologist will definitely refer the patient to an appointment with a specific specialist. He will be able to determine the cause of the deterioration in health, take measures to eliminate it and issue a certificate of incapacity for work. You should know: if a pregnant woman is not registered in the housing complex, and she does not have the appropriate documents, medical assistance should be provided to her in all cases! She has the right to call a doctor to her home and report her illness. Then she will be taken to a medical facility for examination. When pregnancy is confirmed, registration is carried out automatically at the place of residence, as well as registration of the BC.

A distinction should be made between the terms “disability” and “illness”. For example, the absence of a voice due to laryngitis is an unconditional basis for issuing a BC to a teacher or consultant in the goods department. The situation would look rather dubious when, for the same reason, such a document is issued to a typesetter or loader. As for pregnant women, doctors are ready to provide them with sick leave if they feel unwell in most cases.

Validity

According to current legislation, an expectant mother can receive maternity BC from the seventh month for a period of 140-194 days, depending on the nature of the course of labor and the number of babies born (Article 255 of the Labor Code of the Russian Federation). The document is presented by the treating gynecologist at the LC at 30 weeks or up to 28 weeks when carrying several children at once. In this case, you can not take such a sick leave and work until the birth at your own request.

It is important to understand that all of the above conditions are grounds for transfer to another workplace, but not a reason for complete release from work. At the same time, for transfer you do not need to visit a medical institution or undergo an examination. The basis will be a certificate from the antenatal clinic confirming pregnancy. This certificate must be submitted to the HR department. The manager is obliged to consider such an application as soon as possible and offer optimal working conditions.

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In the early stages of toxicosis

How to go on sick leave during pregnancy with toxicosis? If a woman feels unwell in the early stages of pregnancy and is seriously afraid for her health and the life of the child, she needs to go to the antenatal clinic with her local doctor and explain what is happening . A gynecologist is obliged to issue a sick leave if there is reason to believe that the reason may affect the positive outcome of the pregnancy.

This practice is quite common and often gynecologists themselves remind their patients about the opportunity to be treated in a medical institution. Therefore, if you are registered, you should not have any problems getting sick leave .

The doctor issues you a sick leave certificate and sends you for treatment to the appropriate institution.

It’s a completely different matter when the expectant mother has not yet managed to register.

If a woman is not registered

The earliest stages of pregnancy are rightfully considered the most dangerous..

Any negative impact on the mother’s body can be passed on to the baby and, due to the fact that he is still too small and weak, the pregnancy will end in failure, barely having time to begin.

Therefore, gynecologists closely monitor their patients throughout the first trimester of pregnancy and often offer to stay in the hospital.

But if the expectant mother has not yet managed to register with the antenatal clinic, this is not a reason to think that she is not entitled to sick leave. How to take sick leave during pregnancy?

You can get treatment by calling a doctor at home and telling him about how you feel unwell. You must be taken to the hospital and examined in a gynecological chair. If the fact of pregnancy is confirmed, then you are automatically registered at your place of residence and sent for treatment with a sick leave certificate.

If your strength allows, you can come to an appointment with your local therapist and, having received a referral from him to be examined by a gynecologist, also go on sick leave.

The lack of registration documents is not a reason to deny a pregnant woman proper medical care.

Duration

Sick leave during pregnancy is issued for the same period as standard sick leave for other employees. Only your doctor can determine the amount of time needed for treatment.

Disability during pregnancy

Until the 30th week, expectant mothers need to work. And this is not always easy. And the most common diseases can overtake us - acute respiratory infections, runny nose, bronchitis. They are usually accompanied by frequent pregnancy companions - nausea or vomiting, painful insomnia, back and joint pain, leg cramps.

Is sick leave required in such a situation? Yes, in case of illness or pregnancy complications, a working woman has the right to a certificate of incapacity for work. If poor health is associated with a common, non-gynecological illness, you should consult a physician. If necessary, he will refer you to specialized specialists - ENT, ophthalmologist, neurologist. Problems related to pregnancy are dealt with by a gynecologist at the antenatal clinic.

Therapeutic certificate of incapacity for work

The therapist can advise pregnant women in a clinic at their place of residence or in a antenatal clinic. You should contact him with the following complaints:

  • temperature increase;
  • chills;
  • sore or sore throat, discomfort when swallowing;
  • cough;
  • runny nose;
  • headache or ear pain.

All these are symptoms of a cold or viral respiratory diseases, bronchitis. In case of such complaints, the therapist alone issues a certificate of incapacity for work for 3–5 days, depending on the condition. After the next examination, he can extend it for another 5 days if the patient continues to be sick. Over 10 days, sick leave is extended only after a joint examination with the head of the department and is certified by his seal. For sick leave for acute respiratory infections lasting more than 10 days, there must be good reasons. If they do exist, the pregnant woman should be offered hospitalization for inpatient treatment.

What else do you see a therapist for during pregnancy? A common complaint is pain in the back, in the lumbosacral spine, radiating to the leg. Painful sensations prevent the expectant mother from walking, sitting, and working at full capacity. A neurologist can also issue sick leave in this situation.

Sometimes the therapist refuses to issue a sick leave certificate. This may occur with changes in tests that are not accompanied by clinical manifestations. For example, with a slight to moderate decrease in hemoglobin without dizziness, severe weakness, decreased blood pressure or fainting. In this situation, the doctor can only recommend iron supplements to the pregnant woman, since the test does not affect her ability to work.

As a rule, therapists do not issue sick leave for complaints of low blood pressure, especially if this is not confirmed when measured by a doctor.

Sick leave from a gynecologist

You can safely contact a gynecologist with complaints characteristic of pregnancy. They are familiar to any woman. Most often this will be:

  • severe weakness;
  • dizziness;
  • fatigue;
  • drowsiness or insomnia;
  • nausea and vomiting;
  • nagging pain in the abdomen;
  • vaginal discharge.

But if previously a gynecologist in a antenatal clinic could give a certificate of incapacity for work for a fairly long period with periodic examinations, now the rules have become stricter. Common outpatient diagnoses of “toxicosis of pregnancy” and “threat of miscarriage” now require hospital treatment. This may be a 24-hour stay or a daily visit for tests and medical appointments.

For inpatient treatment, the indications must be justified. A certificate of incapacity for work issued in a hospital can be quite long. If necessary, it continues for the entire period of gestation with short-term trips to work.

Duration

How long can a doctor open? (in the clinic)

In accordance with the general rules for issuing sick leave, such documents are issued for a maximum period of 15 days .

These rules apply to both women in an interesting position and other employees.

The attending physician may prescribe a slightly shorter period of sick leave if your condition requires this.

During hospitalization

If your condition raises concerns for the life and health of the child, then sick leave for pregnant women can be extended by decision of a convened medical commission . Such a decision is valid only if the woman is hospitalized and is being treated not at home, but in a medical facility.

How many days is sick leave during pregnancy? Upon completion of treatment, doctors may insist on extending the sick leave period in favor of treatment in a sanatorium. Such a decision is legal and cannot be challenged. In this case, treatment is extended for a period of 24 days .

As a rule, sanatorium-resort treatment is prescribed in order to protect the expectant mother from stress at work and to give her the opportunity to accumulate strength for recovery.

Sick leave during pregnancy: how to apply correctly

Pregnancy is not a reason for complete release from work. Some employers may soften working conditions, change inconvenient schedules, cancel night shifts, etc. But at the same time, the woman continues to work until the 7th month.

Sick leave payment calculator

If a woman is concerned about gynecological problems, then she should consult a gynecologist. After the examination, the specialist will decide on treatment at home or hospitalization of the patient.

A certificate of incapacity for work, or sick leave, is a document confirming a person’s inability to work at the moment. This does not always happen during illness - you can be unable to work during the rehabilitation stage. And during pregnancy it can be difficult to work without any illnesses. Who can give sick leave during pregnancy? This is done by the attending physician - therapist, gynecologist, urologist, ENT, neurologist - depending on the complaints that the patient has addressed. Many people confuse the concepts of illness and disability.

Extension

In the clinic

Since you came to the clinic to renew your certificate of incapacity for work, this means that you carried out all the treatment at home. The attending physician alone cannot decide to extend your sick leave.

In order to understand whether you need additional treatment or not, a medical commission is convened, which, after reviewing your documents, doctor’s notes and examining the patient, makes a conclusion about the condition. This commission, by its decision, can extend the period of disability leave to 10 months .

In the hospital

If you are being treated in a hospital setting, then after your sick leave expires, you are examined and a decision is made as to whether you need medical care or not.

Hospital stay can be extended by 10 days.

Extension of sick leave after sanatorium-resort follow-up treatment

If a pregnant woman has not recovered after follow-up treatment in a sanatorium, then its management may decide to extend the certificate of incapacity for work for some more time for recovery. The main thing is that the period does not exceed the 24 days established by law .

Upon expiration, if the pregnant woman has not returned to normal condition, a new sick leave is opened for her and she is again sent for treatment to a medical institution.

How to get sick leave during pregnancy

How can a pregnant woman take or receive a sheet, what are the features of issuing sick leave to pregnant women from a therapist before maternity leave? During pregnancy, which is not considered an illness, it is not at all easy - fatigue and toxicosis have a detrimental effect on work, and therefore women turn to the clinic for sick leave. As a rule, doctors are cooperative.

Maternity leave

You can obtain a sick leave certificate, which is issued during pregnancy and childbirth, from your attending gynecologist, but you must remember that you can get such a certificate after seven months of pregnancy. But if there is an opportunity and desire to work until the birth itself, the woman has the right not to go on sick leave.

Solovyova O.A. in March 2020 provided sick leave for 140 days under the BiR. Over the past 2 years, the employee was not on sick leave or on vacation at her own expense and her earnings amounted to 1,815,000 rubles: for 2020 - 880,000 rubles; for 2020 - 935,000 rubles. Based on her earnings, the benefit amount will be 348,082.20 rubles. (RUB 1,815,000 / 730 × 140). The employer has the right to pay sick leave based on earnings, having approved such a provision in the company’s local regulations. However, the FSS will reimburse the benefit taking into account the maximum limit, that is, 301,095.89 rubles. ((815,000 + 755,000) / 730 × 140). The difference in payments will be considered the employee’s income, from which personal income tax must be withheld and insurance premiums charged on it.

Kd - number of days of the billing period. This is 730 days in normal years or 731 when it is a leap year. If the employee was on sick leave during the billing period, then days of incapacity for work are excluded from the calculation base. If an employee was on another maternity leave or child care leave in the 2 years preceding the calculation of sick leave, at the expressed written request of such an employee, another 2 years may be taken into account for the calculation of the new sick leave according to the BiR. However, this is allowed if the calculation for the other 2 years turns out to be more profitable for the maternity leaver than for the “standard” 2 previous years.

Duration of sick leave

Maximum number of days

The medical commission has the authority to release the expectant mother from work for a maximum period of up to 10 months , if the condition of the pregnant woman so requires.

Minimum number of days

The standard minimum duration of sick leave not only for pregnant women, but also for all categories of workers is 3 calendar days . If the doctor believes that this period is enough for a pregnant woman to return to normal, he can issue a certificate of incapacity for work for the next three dates.

Seeing a therapist

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

General practitioners are not required to monitor pregnant women constantly. But these specialists also have the right to issue sick leave certificates, if there are appropriate grounds.

Therapists usually make their conclusions after undergoing examinations by doctors of other specialties. That is, when a complete picture of the state of health is at hand. There are often situations when it is during the final examination that the therapist will identify factors that even require inpatient observation in one of the nearest hospitals. Then the corresponding directions are drawn up.

Here is a list of the most common reasons:

  • Negative results after testing.
  • Chronic diseases. Especially with the acute stage.
  • Cold.
  • Aggravated allergic reactions.
  • In the case of early stages and toxicosis

The rules here are the same as for other general situations. You will need to contact a gynecologist if, even in the early stages, poor health makes you fear for the future of both the child and the mother herself. Sick leave is issued if there is no doubt that such a situation negatively affects the outcome of the pregnancy.

Gynecologists themselves often remind patients that they can undergo inpatient treatment. Another thing is when a citizen did not have time to register.

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Before maternity leave

Can a pregnant woman go on sick leave before maternity leave? Even if there is nothing left before official maternity leave, no one has the right to refuse to issue sick leave to a pregnant woman . Situations can be different and the life and health of mother and baby come first.

Grounds for issuing sick leave

The basis for issuing a certificate of incapacity for work is the woman’s poor health, unsatisfactory results of tests, ultrasound or examination .

Depending on the woman’s condition, the gynecologist prescribes treatment for her on an outpatient or inpatient basis.

It is also recommended that pregnant women take sick leave during outbreaks of fungi and other infectious diseases , since their work is a potentially dangerous place where there are large crowds of people.

Terms

In addition to determining the order in which certificates of incapacity for work are issued and taken, it is important to find out about the possible deadlines for outpatient and inpatient treatment.
This will help you figure out how to take sick leave for as long as possible. As a general rule, initial disability documents are issued for 15 days. If, at the end of this period, no resolving symptoms are observed, then in order to extend treatment, a commission is convened, which will take information about the illness and the amplitude of recovery and, if necessary, extend the sick leave.

Simplification of working conditions and the concept of easy work

If a woman feels fine, but the work process becomes difficult for her, she can receive a certificate of light work. In this case, the woman should contact a gynecologist, and he will issue this certificate, which is presented at the place of work. This way, you can reduce your workload during pregnancy and improve your schedule, for example, get a shorter work day.

You can obtain a certificate of light labor at your own discretion, after consultation with a gynecologist, or listen to the doctor’s advice about obtaining a certificate of light labor.

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