Cases and procedure for writing an application for extension of maternity leave - sample for 16 additional days

Reasons for taking early maternity leave

The difficulty of fulfilling work duties during pregnancy creates a need for earlier maternity leave. The legal grounds for the absence of a pregnant woman from the workplace are:

• Medical indications. Obtaining a certificate of temporary incapacity for work in case of threat of termination of pregnancy or exacerbation of a specific disease. Individuals are prescribed home treatment or hospital treatment. Sick leave is issued at the place of observation or by a highly specialized doctor. When referred to a hospital, the document is drawn up by the medical institution.
• Detection of a multiple pregnancy in a woman, when diagnosed, the onset of maternity leave is registered 2 weeks earlier.
• Registration of leave due to the employee in accordance with Art. 260 Labor Code of the Russian Federation. You can get a period of rest before maternity leave in advance, in the absence of a worked period that gives the right to full leave.

Additional benefits are provided to a woman when living or working in an area of ​​increased radiation contamination of the Chernobyl Nuclear Power Plant, Mayak Production Association, or the Techa River. The onset of maternity leave (M&P) occurs 3 weeks earlier to obtain additional days in order to restore health. In the normal course of pregnancy, a certificate of incapacity for work is provided for 160 days. When a woman actually moves to another area, regardless of whether she maintains her registration, the period for maternity leave is calculated in accordance with the general procedure.

https://youtu.be/7wQ00I-eMgs

List of documents

To extend maternity leave, you will need some documentation:

• application for extension indicating the reason why additional days are needed;
• identification document;
• sick leave confirming a multiple or complicated pregnancy or early birth;
• child's birth certificate - for parental leave.

Documents can be brought in person or sent by mail. A third party is also allowed to do this, but then his passport and power of attorney to represent the interests of this employee are added to the list.

Cases of extension of maternity leave

The duration of the labor and labor leave depends on the complexity of the birth. When two or more babies are born or there are complicated births, the duration of leave increases. In the hospital, an additional certificate of incapacity for work is issued for a period, the duration of which depends on the reason for the extension.

The certificate of incapacity for work is issued under the signature of the head physician of the hospital. The document is issued on a standard form with the seal of the institution. The continuation sheet contains information about the primary sick leave number. To receive an additional certificate of incapacity for work, a woman must submit to the head physician of the medical institution:

• Original and photocopy of passport.
• A photocopy of the main sick leave according to the BiR.
• Exchange card.
• Child's birth certificate.

An additional certificate of incapacity for work is provided to the employer to pay for it. To extend maternity leave, you will need to submit a corresponding application. Employees of liquidated enterprises turn to social security institutions to receive payment. The deadline for receiving payment is not established by law.

Rules, provision of documents and terms of payment of maternity and other payments

Receiving the required payments, with the exception of maternity benefits under the BIR, including for complicated childbirths, is possible not only for mothers, but for fathers or other close relatives who will care for the child. To do this, you need to collect a package of documents and submit it to management.

Within the statutory deadlines for payment of leave under the BIR, when all documents are provided to the organization, the administration is obliged to:

• issue an order for leave under the BIR, including additional leave for complicated childbirth;
• within 10 days, calculate all vacation pay according to the BIR, including payment for timely registration in the antenatal clinic;
• payment is made on the day the salary is received, but can be made on the next date of transfer of the total salary;
• the entire amount is accrued and paid, according to the submitted documents, at the same time.

The employer is obliged to make the required payments

To receive a calculation and receive benefits, a woman must collect a complete package of documents. It should include:

• a certificate completed by a gynecologist at the antenatal clinic confirming timely registration for pregnancy registration up to 12 weeks;
• sick leave for BIR and additional sick leave for complicated childbirth;
• application addressed to the manager;
• original and copy of the child's birth certificate. The manager has the right to verify its authenticity;
• a certificate from the place of work of the child’s father stating that he has not been paid child benefits;
• For those who are not working, but are registered with the employment and employment service of women at their place of residence, all payments are made by the Social Insurance Fund.
• Full-time students submit documents to the administration of the educational institution at their place of study.

If a pregnant woman is a full-time student, she must provide documentation to the administration of the educational institution

Advice ! Sick leave certificates must be carefully checked for correctness in medical institutions. Errors are not allowed in them.

How to extend maternity leave: receiving benefits from multiple employers

The employee receives the amount of payment for additional sick leave from the source making payment for the main sheet . An employee registered with several employers on a part-time basis, if certain conditions are met, can receive payment from all places of work.

If reorganization is carried out during the period of maternity leave, the payment is made by the legal successor.

What is complicated childbirth?

Childbirth considered complicated is listed in the Instruction of the Ministry of Health of Russia dated April 23, 1997 No. 01-97. This is a multiple birth; births accompanied by obstetric operations: caesarean section, births in women with heart disease, etc. In cases where the diagnosis of multiple pregnancy is established during childbirth, a certificate of incapacity for work for pregnancy and childbirth is issued for an additional 54 calendar days (not 16 days) by a medical organization, where the birth took place.

Most often, at the time of accrual of maternity benefits on the initial certificate of incapacity for work, the subsequent course of childbirth is unknown. In some cases, the possible issuance of an additional sheet can be assumed (for example, in the case of a planned caesarean section). At the same time, it is important to keep in mind that the doctor’s testimony on the method of delivery does not matter to the accountant. He will pay for the additional certificate of incapacity for work only after presentation by the employee.

It happens that there are several reasons to recognize the birth as complicated. For example, when the birth of twins is predicted, a woman is initially issued a certificate of incapacity for work not for 140 days, but for 194 calendar days. That is, even before going on maternity leave, she is paid sick leave for a longer period. If she also underwent a cesarean section, it happens that she presents the employer with an additional certificate of incapacity for work for 16 calendar days.

It is important for an accountant to clearly understand whether it is worth satisfying the employee’s request for additional benefits.

Commenting on the situation, specialists from the FSS of the Russian Federation provide the following recommendations. If the employee has already been paid sick leave in the amount of 194 calendar days, she does not need to provide her with an additional 16 days of vacation. The provision of two additional postpartum leaves (in this case, lasting 210 calendar days) is not provided for by the legislation of the Russian Federation. Read more in the article “An employee was born with twins” (see No. 10 (October) “BUKH.1S” for 2012, p. 16).

Having satisfied the employee’s request and paid the benefit, the accountant takes certain risks. If, during the inspection, the specialists of the Federal Social Insurance Fund of the Russian Federation do not take into account the amount of benefits for additional sick leave issued by the maternity hospital, the organization faces penalties and fines. Personal income tax and insurance premiums will need to be charged on the amount not recognized as a benefit.

Since additional accrual is carried out in the error correction mode (i.e. “retroactively”), penalties may be charged for the entire period of delay in transferring mandatory payments.

Calculation when extending maternity leave

To obtain the amount accrued under an additional document extending the period of leave under the BiR, the period used for the main maternity leave is taken into account. The payment is made to the employee upon contacting the employer no later than six months from the date of closure of the additional temporary disability certificate.

Employee P. took maternity leave from 01/15/2016 to 04/02/2016. The payment amount was 35,239.40 rubles (average daily earnings 251.71 rubles). Due to the complexity of childbirth, P. was provided with a document extending the labor and labor leave for 16 days from 04/03/2016 to 04/18/2016. After submitting the document to the employer, the accounting department performs the following calculation:

1. The billing period for making payments is determined;
2. The average daily earnings are calculated in the amount of 251.71 rubles;
3. The amount due for payment is determined: C = 251.71 x 16 = 4027.36 rubles.

Conclusion: the amount due to be paid to the employee for additional sick leave was 4,027.36 rubles.

Another 16 days for maternity leave: Primary sick leave or continuation?

Martynyuk N.

Sick leave for an additional 16 days of maternity leave is issued if the birth was complicated. It is often written out not as a continuation of the main maternity sick leave, but as a primary certificate of incapacity for work. Let's figure out what to do if you receive such a slip for payment.

How to do it right

Of course, such sick leave should be issued as a continuation of the sheet for the main maternity leave. After all, an additional 16-day maternity leave is not a new insurance event. This is a continuation of the same insured event. The FSS takes the same position.

From authoritative sources

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Ilyukhina Tatyana Mitrofanovna - Head of the Department of Legal Support of Insurance in Case of Temporary Disability and in Connection with Maternity of the Legal Department of the Federal Social Insurance Fund of the Russian Federation

“The certificate, issued for an additional 16 calendar days in the case of complicated childbirth, is essentially a continuation of the certificate of incapacity for work, on the basis of which the employer granted maternity leave and paid the corresponding benefit.

Therefore, it should be designed as a continuation, and not as a primary sheet.”

Indeed, the FSS has long recognized that in a single insured event, only the first sheet can be primary, and all the rest must be a continuation. The same approach can be found in court decisions.

What to do if the sick leave brought by the employee is issued as a primary one?

Strictly speaking, you do not have the right to leave the sick leave presented to you with reliable information without payment (for more details, see Civil Code, 2011, No. 21, p. 72). Therefore, it is unlawful to send the employee home to get a piece of paper that would have been issued as a continuation.

From authoritative sources

Ilyukhina Tatyana Mitrofanovna , Federal Social Insurance Fund of the Russian Federation

“If a slip for an additional 16 days for maternity leave is issued as a primary one, then there is no need to re-issue it - you need to pay the benefit.”

However, not all social insurance departments are ready to agree to issue such a sheet as a primary one. According to reports from our readers, some local FSS branches consider this to be incorrect. Of course, you can ask the maternity leaver to contact the maternity hospital to reissue the certificate, but usually new mothers do not have time for such trips. Moreover, maternity hospitals sometimes refuse this, believing that everything was done correctly.

All that remains is to pay the benefit and, in the event of a dispute with the Social Insurance Fund, be ready to prove that payment for such sick leave is acceptable and the Fund is obliged to offset (reimburse) the money you paid. Here are the arguments.

Argument 1. The procedure for registering and issuing sick leave does not say that a sheet issued for an additional 16 days must necessarily be a continuation of the main maternity sick leave. It does not specify at all how it should be designed: as a primary one or as a continuation. Therefore, formally, both options have the right to exist.

Note. In the old rules for issuing sick leave, it was directly stated that when filling out such a sheet, the word “continuation”9 is underlined. This is not the case in the current rules.

Argument 2. The very procedure for issuing maternity sick leave is designed in such a way that sometimes, purely technically, it does not allow the maternity hospital to issue a certificate for an additional 16 days as a continuation. After all, in the continuation sheet you need to indicate the number of the primary sheet. And the maternity hospital does not always have information about this number, since sick leave for 140 days of maternity leave is usually issued not by it, but by the antenatal clinic.

Argument 3. The employer has no right at all to control the correctness of registration of sick leave and compliance with the procedure for issuing it. Therefore, the Social Insurance Fund cannot refuse to offset (reimburse) the benefit amount to the employer if there are such violations in the sick leave. In such cases, the Social Insurance Fund has the right to demand reimbursement of expenses for payment of benefits from the medical institution that incorrectly filled out the form. This is the position of YOU.

When an employee brings you sick leave for 140 days of maternity leave, take a copy of it, give it to her and ask her to attach it to the exchange card. Then, if a woman suddenly has the right to an additional 16 days of vacation, it will be easier for the maternity hospital to issue sick leave for them as a continuation. By the way, antenatal clinic doctors who prescribe sick leave are sometimes given the same advice to expectant mothers.

How to calculate sick leave benefits if it is registered as primary

Due to the fact that the certificate for an additional 16 days is issued as a primary one, and not as a continuation, a new insured event does not arise. Therefore, it is logical to calculate the payment for such sick leave based on the same average daily earnings on the basis of which sick leave was paid for the main maternity leave.

However, the FSS specialist has a different opinion.

From authoritative sources

Ilyukhina Tatyana Mitrofanovna , Federal Social Insurance Fund of the Russian Federation

“If an initial certificate of incapacity for work was issued for an additional 16 days of maternity leave, then the benefit for it must be calculated as for a new insured event, that is, the calculation period must be re-determined and, based on it, the daily earnings. There is no other option."

We warn you: there are no official letters from the FSS on this matter and it is not a fact that its local branches adhere to the same position. Therefore, you can calmly follow it only if the start dates of additional and main maternity leave fall within the same calendar year. Otherwise, the daily allowance for additional leave may differ from the daily allowance for the main 140 days. If the new daily allowance:

This is important to know: How long does it take to take sick leave?

less, then your social insurance has no reason to complain, but a woman on maternity leave can complain to the labor inspectorate;

more, then the maternity leaver will be satisfied, but social insurance may make claims regarding the calculation of benefits.

Therefore, we advise you to send your request to your FSS department so that you have a written explanation.

Note. Do not forget also that in order to pay for an additional 16 days, a woman must write an application for an extension of maternity leave. They are not provided automatically upon presentation of sick leave, but only if there is a written application from the employee and for the number of days indicated in this application.

And she must write an application for parental leave for up to one and a half years (if a woman wants to take advantage of it) from the day following the end of the additional 16 days of maternity leave. If this application was written in advance - from the day following the last day of the main maternity leave for 140 days, it must be rewritten. Otherwise, it turns out that the woman has two vacations during these 16 days. Of course, you cannot pay both benefits, but your personnel documents will be a mess.

Don’t be confused by the empty field in the “date 1” line of the sheet for an additional 16 days of maternity leave. It is intended to indicate the expected (and not actual) date of birth, so it is filled out only on sick leave for the main maternity leave.

Art. 255 Labor Code of the Russian Federation; clause 48 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated June 29, 2006 N 624n (hereinafter referred to as the Procedure)

subp. 2 p. 2 art. 1.3 of the Law of December 29, 2006 N 255-FZ

clause 1 art. 10 of the Law of December 29, 2006 N 255-FZ; Art. 7 of the Law of May 19, 1995 N 81-FZ

Art. 255 Labor Code of the Russian Federation; clause 3, part 2, art. 4.1, clause 1, part 1, clause 1, part 2, art. 4.3, part 5 art. 13 of the Law of December 29, 2006 N 255-FZ

approved By Order of the Ministry of Health and Social Development dated June 29, 2006 N 624n

clause 72 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated 01.08.2007 N 514

Resolution of the Presidium of the Supreme Arbitration Court of December 11, 2012 N 10605/12

Providing parental leave

After the end of maternity leave, an employee of an enterprise must return to work or submit documents to care for a child up to 1.5 years old. The period of maternity leave begins immediately after the end of maternity leave. The order to grant leave is made by the employer after the employee applies with the provision of the required documents:

• Applications from an employee for leave.
• Child's birth certificate.
• A certificate confirming the absence of maternal leave when a close relative – father, grandmother or grandfather – is taking care of a child.

You can take a vacation while continuing your work activity. The employee takes leave and performs duties on a part-time basis. When returning to work for a period of less than half the rate, the employee retains the insurance payment in full.

Employees employed under an external part-time contract must apply for leave from both employers. The employee receives the benefit at one of the places of employment. To receive benefits, the employee must provide a certificate from another employer that does not make payments.

Is it possible?

Can sick leave for pregnancy and childbirth be extended?

The legislator takes into account that childbirth is a practically uncontrollable process, so permission may vary.

Of course, it is not uncommon for mothers to undergo surgery, illnesses and other problems as a result of childbirth.

What does this say about a child who can also receive various complications as a result of being born.

Let's take a look at the main cases of extending sick leave and find out what the terms of these extensions are, as well as what nuances each specific case has.

In what cases is it extended?

The legislator in Article 255 of the Labor Code lists us the reasons for extending sick leave for pregnancy and childbirth. Of course, the legislator limited himself to dry references to numbers and dates, but we must consider the situation in more detail in order to be prepared for a particular situation that could happen to any of your subordinates.

Complicated childbirth

Extension of sick leave for complicated childbirth is 16 days in addition to the allotted 140 days of sick leave .
But what is complicated childbirth?

Firstly, this is any surgical intervention, ranging from cesarean section to operations on other organs . Caesarean section has long been not uncommon in obstetric practice and there is nothing wrong with this operation. In the old days, such births were even called “royal”, since the woman in labor does not feel painful attempts.

In addition, a cesarean section is not accompanied by a complete transection. But, however, this is still an operation that involves intervention in the internal organs that lead to the extraction of the baby. This means that a woman needs additional days to regain strength and better fusion of the skin .

Also complicated births are natural births, but with the use of episiotomy.

An episiotomy is a surgical procedure aimed at cutting the walls of the vagina so that the child passes without complications and does not suffer fatal compression.

The rehabilitation period after such an intervention increases due to difficult recovery.

Manual separation of the placenta is used when it does not separate from other organs. A surgical intervention occurs, which can become painful and affect the woman’s recovery time after childbirth.

Multiple pregnancy

Multiple pregnancy is carrying twins, triplets, and so on. Naturally, carrying a double burden is much more difficult for a mother than for those pregnant with one child. The same applies to childbirth - it is always complicated and predominantly involves a cesarean section.

In the future, caring for two babies requires much more time, attention and care .
The legislator, realizing all this, gave the mother the opportunity to spend a little longer with the kids and relax. In accordance with Article 255 , pregnant women and those who have given birth to twins can count on maternity leave equal to 84 days before giving birth and 110 after .
If the fact of bearing two babies was revealed only during childbirth, then the woman receives additional sick leave for an additional 40 days. Unfortunately, she is not compensated for the additional time before giving birth.

Complications before childbirth

There is a concept of complications before childbirth.

These are the factors that cause pain to both mother and child, threatening their life and health.

So, let's start looking at each of the examples:

1. Premature rupture of the membranes is characterized by early leakage of water, but there are no contractions or labor activity for a long time. The child cannot spend a long time in a waterless space, which means surgical intervention is needed.
2. Premature birth can begin two weeks before the due date and several months. Whether the child will survive in this case depends on the doctors working with the woman in labor, as well as on the degree of maturity of the fetus.
3. Post-term pregnancy is also not a sign of good developments. If the period has passed 42 weeks, and labor still does not begin, this can lead to the most terrifying consequences. This pathology is treated with surgery.
4. Slow labor is another complication. During contractions, both mother and child work. But when there are no results for a long time, the baby begins to lose cardiac activity, and may not live to see the start of pushing.
5. Fetal heartbeat disturbance is a dangerous pathology that can lead to the fact that during contractions the baby’s heart simply cannot stand it.
6. Child's breathing problems. It often happens that even a full-term fetus cannot breathe properly. In this situation, he needs urgent resuscitation. Also, if possible, avoid natural childbirth, so as not to force the child to devote his last strength to movement.
7. The pathological position of the fetus is an incorrect position inside the mother's womb. In this position, he cannot make his way into life, which means that childbirth cannot take place without surgical intervention.

Postpartum problems

Let's look at each one separately:

1. Obstruction of the shoulders. Unfortunately, often babies cannot group before birth and get stuck in the birth canal. At the same time, both the baby and the mother experience great discomfort. Improper removal of the baby or its prolonged stay in this state can cause the development of various diseases in the future.
2. Umbilical cord prolapse means that the placenta will not come out on its own and will need to be removed surgically. In addition, it is impossible to disconnect the baby from the placenta too early; after birth, a few minutes cannot interrupt the thread that has been connecting the baby and mother for so many months.
3. Amniotic fluid embolism. Occurs as a result of the fact that the child has swallowed water and, while moving through the birth canal and after birth, he hiccups and chokes. If this complicates the child’s movements, doctors can help him with his hands. However, sometimes such an embolism can cause the lungs to fill with water, fainting, shock and a long stay in intensive care with subsequent treatment.

For diseases

For a mother, childbirth is also not an easy process, which can result in the acquisition of various diseases.

1. Uterine bleeding. It's hard to stop. Surgeon intervention is required. You cannot stay in an upright position for a long time or lift heavy objects, which complicates the process of caring for the child.
2. Using obstetric forceps and vacuum to help the baby pass through the birth canal. However, these devices traumatize the mother, which affects the duration of her recovery.
3. Postpartum endometritis or inflammation of the uterus. Accompanied by fever and pain.
4. Inflammation of the membranes.
5. Postpartum mastitis.
6. Postpartum kidney damage.

Leave until the child reaches 3 years of age

Child care after 1.5 years is provided free of charge. To receive leave, the employee must submit an application, on the basis of which the employer issues an order. The application shall indicate:

• The name of the enterprise adopted for internal documents.
• Details of the manager with a breakdown of position, surname, initials. When contacting individual entrepreneurs, it is enough to indicate the name of the entrepreneur, consisting of a surname and initials.
• The applicant's details indicating the position, surname, first name, patronymic in full.
• The text part describing the type of leave and the timing of its provision.
• Signature of the applicant with transcript, date of compilation.

The application is submitted to the personnel department of the enterprise. An example of an application to extend parental leave.

Refused to extend sick leave and benefits after a difficult birth - where to go and what to do?

There are situations when women were denied extension of sick leave, although the birth occurred with complications.

If you are faced with such a situation, then feel free to demand from the chief physician an extension of sick leave. When you can’t reach an agreement, go to court.

Necessary:

1. Submit a written application addressed to the chief physician of the medical institution where the birth took place. Ask to extend your sick leave this way.
2. Request that the head physician issue a written refusal. He must write that he refuses to issue you a certificate of incapacity for work, and also indicate the reason for such a decision.
3. Write a statement of claim to the judicial authorities.
4. Attach all medical documents you have to your claim.
5. Pay the state fee.
6. If you have the means, then go to a paid clinic, where you can conduct a full independent examination of the body. If the birth was difficult, doctors will have to document this. It is pointless to seek such a procedure through the court, since the claim will be considered for a long time, during which the woman will be able to restore her health.

Based on the documents you provide, the court will make a decision.

Calculation of insurance benefits due to an employee

Payment of benefits is carried out by the employer with subsequent compensation of costs by social insurance authorities. Unemployed citizens receive benefits through social security institutions at the place of registration.

The employer's benefits are calculated by the accounting department based on the amounts received by the employee earlier within 2 years. To calculate the amount of payment, a calculation certificate is drawn up. The amount received during the calculation remains unchanged throughout the entire payment period.

Example of monthly benefit calculation

Employee V. has been employed at the enterprise since December 15, 2013. The start date of the employment and labor leave is 01/20/2016, the nursing leave is 06/08/2016. The amount of income received by the employee in 2014 and 2015 is 575,210 rubles. The estimated number of days is 730. The accounting department of the enterprise determines the amount of benefits due to the employee:

1. Average daily earnings are calculated: 575,210 / 730 = 787.96 rubles;
2. The amount due to the employee is determined: P = 787.96 x 30.4 x 40% = 9,581.59 rubles;
3. The accrued amount is compared with the minimum and maximum amount established for a particular year.

Conclusion: the amount of benefits assigned to the employee amounted to 9,581.59 rubles.

The benefit, calculated on the basis of earnings, is paid to the employee until the child reaches 1.5 years of age. On subsequent vacations, the payment amount is 50 rubles. The amount is paid by the employer in the form of compensation.

Extension of sick leave for pregnancy and childbirth

According to the legislation of the Russian Federation, during pregnancy or childbirth, an officially employed woman has the right to go on paid leave. The Labor Code strictly regulates the duration of maternity leave, and after its end the mother is obliged to go to work.

However, if complications concerning the woman or child arise during pregnancy or childbirth, the employer is obliged to extend the certificate of incapacity upon request.

Let's consider what grounds exist for this, what is the calculation period for additional days of vacation and how to apply for an extension of sick leave.

The Labor Code and the Federal Law of December 29, 2006 N 255-FZ spell out the main points regarding the extension of a certificate of incapacity for work in case of complications during pregnancy and childbirth.

Thus, the minimum period for increasing the duration of maternity leave is 16 days, the maximum is 40 days.

The extension of maternity leave depends on complications: for example, if minor health problems arise during childbirth, a woman can count on an additional 16 days of leave, and if we are talking about a multiple pregnancy, the state will provide all 40 days.

Grounds and reasons

Also, Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n regulates the reasons for which a mother can apply for additional days of leave.

Let's look at them in more detail in the following sections.

During caesarean section

Even though surgery is a common procedure for childbirth these days, women still need a little more time to recover after a cesarean section.

In addition, after the birth of a child in this way, the mother is given stitches, which cause difficulties for the fair half of humanity.

Therefore, a caesarean section is classified as a complication of childbirth: the woman can count on 16 days (additionally) of maternity leave.

With IVF

In vitro fertilization (IVF) is a process in which fertilization occurs in artificial conditions. The procedure is quite difficult for the female body to tolerate; complications often arise during pregnancy and childbirth.

With IVF, a woman is given an additional 16 days of maternity leave.

Multiple pregnancy

Multiple pregnancy means carrying not one child, but two or three.

The pregnancy process itself is often painful, with toxicosis and other complications, and during childbirth it is often necessary to use a cesarean section, since the birth of several children at once naturally is quite difficult.

Therefore, maternity leave is often extended:

• A woman is given 84 days before giving birth and 110 after, if she learned about a multiple pregnancy before giving birth.
• If the birth of several children becomes known during childbirth, the mother is given an additional 54 days to recover.

Other problems

Also, the duration of maternity leave increases if the following problems arise during pregnancy and childbirth:

• eclampsia, nephropathy or preeclampsia was observed while carrying a child;
• due to childbirth, the mother developed diseases: inflammation of the uterus, kidney infections, mastitis;
• childbirth was accompanied by large loss of blood;
• forceps were used during childbirth;
• the baby swallowed amniotic fluid, as a result of which he developed health problems; Moreover, if the child is in intensive care, the mother is provided with all 40 days of leave.

Is it allowed for a fixed-term employment contract?

Article 261 of the Labor Code of the Russian Federation states that if an employee becomes pregnant during a fixed-term employment contract, the employer is obliged to extend it until the moment of childbirth, as well as until the end of the sick leave, which the woman needs to recuperate after the birth of the child.

If necessary, the company must extend maternity leave if the mother or newborn has health problems. Thus, a woman is socially protected even if she is employed under a fixed-term contract.

Extension of sick leave for pregnancy and childbirth in 2020

In the following sections, we will consider all the nuances regarding the extension of sick leave for pregnancy and childbirth: what needs to be done to register, how to pay for the additional period of time.

Registration procedure

First of all, you need to collect a package of documents, including:

• passport of a citizen of the Russian Federation;
• child's birth certificate;
• sick leave;
• certificate of registration at the antenatal clinic.

Who renews?

To extend a certificate of incapacity for work, a woman needs to contact one of the following institutions:

• the hospital where she gave birth;
• antenatal clinic, where she is registered;
• polyclinic at your place of residence.

The documents must be submitted to the chief physician of the medical institution. If necessary, the specialist will prescribe tests and examinations.

For how many days?

Based on the results of the research and based on the documents provided, the doctor will decide how many days the maternity leave will be extended: by 16 or 40 days.

He must write down his decision in the patient’s medical record and on an additional sick leave certificate.

Delivery deadlines

As a rule, a decision on the advisability of extending a certificate of incapacity for work is made within two to three days from the moment a woman applies to a medical institution.

But if the doctor prescribes additional examinations and examinations, the period can last up to several weeks.

How and when to write a statement?

An application to extend a certificate of incapacity for work must be written after visiting a doctor and conducting all the necessary examinations.

The document must contain the following information:

• Full name of the head of the organization where the woman is employed;
• the circumstances due to which she wishes to extend maternity leave;
• a list of documents that are attached to the application is indicated;
• At the end there is a signature and date of compilation.

You can download a sample application here:

Application for extension of leave under BiR

What other documents will be required?

A woman should attach the following documents to her application to the head of the company:

• a certificate from a medical institution about the unsatisfactory condition of the child or mother;
• sick leave;
• child's birth certificate.

Order

After submitting the application, the head of the company puts his signature on the document, after which it is transferred to the human resources department.

There, an order is generated to accrue additional days for maternity leave. After its approval, the woman is paid additional funds for the added days of maternity leave.

You can view a sample order here:

Form of order to extend leave under BiR

Payment and settlement

The procedure for payment and calculation of additional benefits when extending maternity leave is regulated by Decree of the Government of the Russian Federation of June 15, 2007 N 375.

Additional days of maternity leave are paid by the organization where the woman is employed.

If she quit during pregnancy or after giving birth, the payment is made by the social security authority of the city or locality where the mother is registered.

When to pay?

According to the legislation of the Russian Federation, the employer is obliged to pay the amount for the added days of maternity leave within a month from the date of submission of the application and accompanying documents on the state of health.

Thus, the payment period is 30-31 days.

Is it subject to personal income tax?

Maternity benefits paid by the employer are not taxed. Accordingly, information about the payment is not displayed in Form 6-NDFL.

Calculation example

The amount of money that is paid by the employer when adding days to maternity leave directly depends on the employee’s salary. Let's look at a specific example of how to calculate the payment that is accrued to a woman when maternity leave is extended.

Example:

We take the average salary for the last 24 months. For example, the salary was 25,000 rubles. We divide this amount by 731 (the number of days in two years), then multiply by the number of days of additional leave provided.

If a woman’s maternity leave is extended for 16 days, the formula will look like this: 25,000/731*16=547 rubles for each day of vacation.

Then we multiply 547 by 16, and we get the figure that will be accrued for the entire additional vacation = 8752 rubles.

Personnel issues

The personnel service of the enterprise must take into account the extension of the employee’s maternity leave in the documentation. After submitting the application, an order is issued to accrue additional days of rest, which goes through the HR department, so there is no need to additionally notify HR officers.

But there are some nuances that you need to know about.

Entering into a personal card

When an employee goes on maternity leave, the HR department must enter data into the employee’s personal card, namely, the period for which the woman left her place of work. If she is accrued additional days of rest, this is also reflected in the card.

The HR department employee must enter all the data in the eighth section of the unified T-2 form. The following information is entered there: name of the operation (extension of maternity leave), order number and number of days added.

Reflection in the accounting sheet

According to the legislation of the Russian Federation, information about additional days of maternity leave is entered into the accounting sheet (unified form T-12 or T-13). Information is entered in alphabetic (P) or numeric (14) form. In this case, the bottom lines remain blank.

The entry must be certified by the signature of the head of the enterprise or organization.

If pregnancy or childbirth was difficult for you and health problems arose, take advantage of the right to increase maternity leave and regain your strength.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: https://buhdzen.ru/kadry/bolnichnyj-list/po-beremennosti-i-rodam-prodlenie/

Possibility of remote contact with the employer to extend vacation

In a standard situation, an employee submits an application for leave to the employer personally, through the personnel authority or the secretariat of the enterprise. Missing a deadline implies the occurrence of days of absenteeism. If a woman is not present at the location of the enterprise, other cases of filing an application are provided:

• Contact through a representative. The authorized representative may submit a document drawn up personally by the employee or the representative himself. Copies of the person's power of attorney and passport are attached to the document.
• Sending a document by mail. Correspondence must be issued by registered mail with an inventory and notification.
• Sending a telegram addressed to the employer. The employee's signature is certified by a postal worker.

A letter sent by e-mail to the address of a company is not a basis for its use in document flow.

Extension of leave beyond 3 years and reasons for refusal

An employer does not have the authority to deny an employee access to required periods of child care. If an employee plans to extend the period of absence from work beyond the child’s age of 3, the employer may refuse the person’s request, except in cases established by law.

Current labor legislation does not provide for the provision of parental leave until the child reaches 14 years of age, as previously provided. However, by agreement of the parties, the employer can provide a woman with leave without pay for an unlimited period for family reasons (Article 128 of the Labor Code of the Russian Federation).

Extending rest time in the postpartum period

The standard exemption from work for pregnancy and subsequent childbirth (140 days) is increased:

• up to 156 days with a complicated birth procedure;
• up to 194 days in case of multiple pregnancy.

After the specified time, with the closure of the sick leave certificate for the temporary disability of the employee, the countdown of the paid maternity period (1.5 years) begins, which can be extended for the same period, but without payment. At this time, the parent will receive compensation determined by the state of 50 rubles, the amount of which can be increased for a number of categories of recipients (low-income, large families).

At the end of maternity time, a woman has the right to apply to her place of official employment for annual paid leave if she did not use this opportunity while she was pregnant.

It is also permissible to issue a release from work without maintaining earnings (unpaid) in agreement with the employer, indicating family circumstances as the reason.

For some categories of parents, the maximum period of time to care for children in the Russian Federation has been increased to 4.5 years, taking into account amendments to the Federal Law (Nos. 427, 173) and is counted towards the length of service along with the periods of work of the parent who looked after the child.

Important! The provision applies to a mother (other family members officially caring for children) who has given birth to children three times while on maternity leave.

Payment of vacation pay or state compensation during additional time for rest (after 3 years) is not made, but increased length of service (working experience) will be reflected in the future on the amount of pension payments, because additional leave will be recorded for each of the children, and not one for all children.

For example, when triplets are born, 4.5 years will be taken into account when calculating the length of service, rather than 1.5 years.

For other categories of parents, extension of the period after a 3-year maternity leave is not provided.

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Federal Law of December 28, 2013 N 427-FZ “On Amendments to Article 11 of the Federal Law “On Labor Pensions in the Russian Federation...”