When is sick leave issued for pregnancy?
Maternity leave (Maternity Sick Leave) is issued to every pregnant woman at 30 weeks for a singleton pregnancy, and at 28 weeks for a multiple pregnancy. A woman has the right to refuse to receive it and continue to work. In this case, a certificate of incapacity for work is issued after the pregnant woman applies for it at a medical institution.
Sick leave under BiR is also issued to a woman who has adopted a child under 3 months of age.
Sick leave for pregnancy and childbirth in 2021 is needed to:
- issue the woman with maternity leave (B&P) for the period specified by the gynecologist on the certificate of incapacity for work;
- accrue and pay B&R benefits in the amount of 100% of average earnings based on the duration of maternity leave.
Sick leave for pregnancy and childbirth in 2021 is issued on a standard form, approved. By Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 No. 347n.
In 2021, electronic sick leave acts on a par with the usual paper ballots. All clinics that have an electronic signature can issue them.
To work with electronic forms, the employer will need a personal account on the FSS website. Read here whether an employer has the right to refuse to accept electronic sick leave.
In general, sick leave according to BiR is issued for 140 calendar days: 70 days before the expected date of birth and 70 days after. In case of complicated childbirth, it is issued for 156 days, in case of pregnancy with two or more children - for 194 days. You can find out more about the duration of leave under the BiR in this article.
What information does the doctor enter?
The doctor must enter information on 2 forms, one of which remains in the medical institution itself.
In the upper right corner of the sheet, only 1 of the fields is selected by checking. If the document is the first, then a tick is placed in the “primary” field , if the document is issued as an additional one to one already issued earlier, then the choice is in favor of a nearby alternative option. If the sheet was damaged, it is additionally indicated by o .
The name of the organization that issued the sheet is indicated by the definition of the institution that has permission for the relevant activity, including recognizing a person as disabled.
The name may be abbreviated according to the abbreviated name in the Charter. If it also does not fit into the line or is missing, then it is arbitrary. Here the OGRN comes to help in identifying the relevant organization.
The address of the medical institution is indicated : the name of the locality without specifying it, then the street name is written through a cell without the word “street”, the house number is written through a space by indicating only the number, and again through a space - the apartment number (number).
If there is a need to designate the building, then without missing cells, first put a fraction sign (slash), and then the building number, then the window is skipped as standard, and the number of the apartment number is written.
The date of issue of sick leave is indicated. At the same time, there are 2 cells for the day and month, and 4 for the year. You should not shorten the year by putting only its last characters.
The full name (patronymic - if any) of the disabled person is registered . The specified data must match the data on your passport or other identification document.
In the “place of work” column, write the name of the organization where the disabled woman works. Including indicating the legal form of the legal entity without using quotation marks. Instead, an indent of 1 cell is used. The name can be shortened . If the employer is an individual, then instead of this name you need to write his last name and initials, indented one cell between them.
The medical history number is the patient’s medical card number . The reason that led to the disability is indicated in coded form. This form of designation of diseases or conditions is provided in order to maintain legally established medical secrecy.
The two-digit code for sick leave according to the BIR is 05, that is, leave according to the BIR. The columns “additional code” and “change code” are usually not filled in. The first implies additional causes of disability. The second additional column is filled in only if the primary reason for issuing sick leave has been changed. Then a new code containing a new reason is indicated.
The OGRN number of the medical institution that issued the document is indicated . A check mark is placed in the cell marked with the letter “g”, implying female gender.
A check mark is also placed either in the “main” column or in the “part-time” column.
The first option means the main place of work, the second - part-time.
A mark is placed in one of these boxes only if the woman works part-time in another organization.
When o, the number of the sheet for the main work is also indicated.
If a disabled person is registered with the employment service as unemployed, then this is checked. The fields “primary” and “part-time” do not need to be filled in in this case .
Next come the fields “date 1”, “date 2”, “voucher number”, “OGRN of the sanatorium or clinic of the research institute”. Only the first field is filled in. Since 2, 3, 4 fields must be filled in in the case of sanatorium treatment or therapy at a research institute.
And we are talking about the state of pregnancy, but not illness . The predicted (medical) date of birth is indicated, where 2 cells are allocated for the day and month, 4 for the year. Such a day is calculated as a standard by adding 70 days to the date of issue of the sheet in the 30th week .
The “care” column is not filled in . A note is made if the pregnant woman registered before 12 weeks of pregnancy.
The information is skipped, and filling out sick leave for pregnancy and childbirth is resumed from the “exemption from work” table. The information entered into the table is certified by the signature of the gynecologist.
The table “Exemption from work” indicates the time range of exemption from work (leave according to the BIR) : from (date of issue of the sheet) – to (date of issue + 140 days). This period also applies to the benefit payment period column.
The first day of resumption of work activity is the next day after the deadline of the specified period.
This is the “get started” field.
A similar field in the employment and accounting sheet, filled out by the employer, which is called the “start date of work”, cannot be filled out.
According to the by-law, such information is entered on disability due to illness or injury that occurred from the moment the employment contract was concluded and served as the reason for its cancellation.
In the column where the surname and initials of the specialist are indicated, it is possible to move to the next line if there are more than 14 letters in the corresponding data . Transition to the third line is not allowed.
In this case, it is possible to indicate the surname without initials or shorten the surname. The surname of the chairman of the commission is not written, since a commission is not appointed under BiR. Accordingly, all 28 cells of two lines are used to write the data of the obstetrician-gynecologist.
In this case, the initials are separated from the surname by a space; there is no space between the initials. For example, if the doctor’s name is Alexey Mikhailovich Smirnov, then the information on the sheet will look like this: SMIRNOV AM. It is acceptable to write “SMIRNOV A M”.
The position of the doctor is indicated; the field cannot be filled in as “attending physician”, “doctor”. The position is indicated with the designation of the specialty - obstetrician-gynecologist or gynecologist .
The section in both parts of the sheet is completed by the signature of a medical specialist authorized to issue sick leave according to the BIR and the seal of the medical institution. The disabled person puts his signature in the “receipt receipt” box.
When is additional sick leave due to pregnancy issued?
Sick leave for pregnancy and childbirth in 2021 is issued for the estimated period of incapacity, depending on the course of pregnancy and the complexity of childbirth.
But a situation is possible when a medical institution issues a woman additional sick leave under the BiR. If a woman initially received a certificate of incapacity for work for 140 days, and then complications emerged, the gynecologist (or maternity hospital) increases the period of incapacity for work and issues additional sick leave for pregnancy and childbirth.
Who and when can receive a certificate of incapacity for work?
A bulletin on loss of opportunity to work is issued to citizens insured by the Social Insurance Fund - FSS, who make contributions independently or through an employer.
The grounds for obtaining a certificate of incapacity for work are:
- pregnancy and childbirth;
- caring for a family member;
- general or occupational disease>;
- injury.
The bulletin is issued by doctors and paramedics of medical institutions that have the appropriate license.
Maternity sick leave serves as the basis for registration of prenatal and postnatal leave at the enterprise for female employees at a certain stage of pregnancy. The guarantee of providing rest is,.
Prenatal
Relies on working and office women, full-time students, individual entrepreneurs when they pay contributions to the Social Insurance Fund. This type of rest is paid and counted towards the length of service. They receive the newsletter within a time frame that depends on the woman’s condition and the circumstances of the fetus’ development.
The law provides for the following periods, calculated in weeks:
- 30 — pregnancy proceeds without complications;
- 28 - when expecting the birth of more than one child (multiple pregnancy);
- 22-30 - early births, they do not require a prenatal certificate: doctors issue postpartum sick leave of the usual duration of 140 days with the addition of 16 additional days;
- before 21 - termination of pregnancy (abortion).
In the latter case, the ballot is issued for the period of incapacity for work, but not less than 3 days. Unemployed pregnant women can also take sick leave if they are registered with the employment center, as well as mothers on leave to care for their first child.
Failure to receive a ballot within the established time frame is recorded in the documentation of the medical institution. Repeated application gives the right to issue a certificate of incapacity for work from the 30th or 28th week. Registration earlier than 12 seven days allows the employee to receive a certificate according to which a lump sum will be paid along with maternity benefits.
Postpartum
It is a paid continuation of maternity leave and is included when calculating the employee’s length of service. After its completion, the woman can begin the previously performed work.
Features of postpartum rest include:
- extension for 40 days if two or more children appear during the birth process - in this case an additional bulletin is issued;
- appointment of paid leave to care for a child up to the age of one and a half years for the mother, father, any of the child’s relatives>;
- issuance of sick leave for up to 60 days per year to care for an unhealthy child under 7 years of age;
- the birth of a stillborn baby or its imminent death do not deprive a woman of postpartum leave.
If a prenatal certificate indicates the right of a pregnant employee to go on maternity leave, then a sick leave certificate for the birth of a child confirms the woman’s temporary disability during the postpartum period.
Their difference lies only in the moment the right to the corresponding leave arises, but ballots are issued within the same time frame and filled out on one sheet. If the expectant mother completely refuses maternity sick leave, then pre- and postnatal payments are not assigned to her.
Filling out sick leave by an employer in 2021
If the sick leave for pregnancy and childbirth contains code “052” in the “Cause of disability” line, fill out the “To be completed by the employer” section according to the same rules as the sick leave for temporary disability.
When filling out a sick leave certificate for pregnancy and childbirth B&R:
- do not fill in the line “TIN of the disabled person (if any)”;
- fill out the line “Insurance experience” even in cases where the length of service does not affect the amount of maternity benefits;
- in the boxes “at the expense of the Social Insurance Fund of the Russian Federation” indicate the entire amount of the calculated maternity benefit;
- Do not fill out the “at the expense of the employer” cells.
Registration number, INN and SNILS
In the “Registration No.” line, enter the number that is indicated in the notice (notification) of the policyholder (it is issued when registering an organization with the territorial body of the Federal Social Insurance Fund of Russia). In the line “Subordination code” also reflect the code in accordance with the notice (notification).
In the line “TIN of the disabled person,” indicate the employee’s identification number, if she has one. If the woman does not have a TIN, do not fill out this line.
In the “SNILS” line, write down the insurance number of the employee’s individual personal account, which is indicated in her state pension insurance certificate.
Terms of payment of maternity benefits
The procedure for paying maternity benefits depends on whether the region in which the employer is registered is included in the FSS “Direct Payments” pilot project or not. You can learn more about the essence of the pilot project and the list of regions included in it from the article “FSS Pilot Project 2021: List of Regions.”
- Payment of sick leave through the Social Insurance Fund in a region where the pilot project has not been introduced.
The employee brings her sick leave to the employer and writes a free-form application for the appointment and payment of benefits for her under the BiR. More details on the form of this document can be found in the article “Sample application for maternity leave during pregnancy.”
The employer is obliged to calculate the benefit within 10 days (from the date of receipt of the documents) and pay it on the next day of payment.
- Payment of sick leave through the Social Insurance Fund: pilot project.
The employer, having received documents from the employee, is obliged to transfer the documents to the Social Insurance Fund within 5 days. Social insurance will make a decision on payment of benefits within 10 days and will independently transfer it to the maternity leaver’s account.
Procedure for paying maternity benefits if the employee continues to work
The employee has the right to either take maternity leave and receive benefits at the expense of the Social Insurance Fund of the Russian Federation, or continue to work and receive wages. If a woman continues to work after receiving sick leave for pregnancy and childbirth, then there are no grounds for paying benefits for this period (Information letter of the Federal Social Insurance Fund of the Russian Federation dated October 8, 2004 No. 02-10/11-6671). Pay the employee benefits only for the period of maternity leave specified in the application, within the period of release from work according to the sick leave.
For the benefit, the calculation period is 2 years preceding the year of the start of leave according to the BiR, and not the year indicated in the column “From what date” of the table “Exemption from work” of the sick leave (Article 255 of the Labor Code of the Russian Federation, Part 1 of Article 14 of Law No. 255-FZ “On compulsory social insurance...”).
For example, the sick leave list indicates a period of release from work from December 15, 2020 for 140 calendar days. The employee wrote an application for leave under the BiR from 01/09/2020. In this case, the calculation period is 2018-2020, and the amount of maternity benefits must be calculated based on the actual duration of the vacation - 126 calendar days.
How to calculate additional maternity benefits
If an employee after giving birth brought a sick leave sheet in which the code “020” is indicated in the “additional code” cells, at her request the organization must provide additional maternity leave. For example, in connection with complicated childbirth, additional leave is provided for 16 calendar days (Article 255 of the Labor Code of the Russian Federation).
Leave for accounting and additional leave are associated with one insured event (clause 2, part 2, article 1.3 of Law No. 255-FZ). Therefore, to calculate the amount of benefits for additional days of vacation, you need to use the average earnings of the employee, on the basis of which the benefits for the period of the main maternity leave are calculated (Part 1, Article 14 of Law No. 255-FZ).
Example 2
Employee Artemenko Yu. V. was granted maternity leave from November 12, 2020 to March 29, 2020 for 140 calendar days. The BIR allowance is calculated based on the SDZ in the amount of 980 rubles, determined for the billing period 2017-2018.
After giving birth, Artemenko submitted a continuation of the certificate of incapacity for work and an application for 16 days of additional leave in connection with complicated childbirth.
Calculation of B&R benefits for the period of additional leave:
- SDZ - the same one that was used to calculate benefits for the period of the main leave under the BiR - 980 rubles;
- the amount of benefit for additional days is 15,680 rubles. (980 RUR x 16 days).
For how many days is it issued when going on maternity leave?
Temporary standards are regulated by Art. 255, 257 of the Labor Code, laws No. 81-FZ and No. 255-FZ.
The duration of maternity leave is determined in calendar days of rest:
- 140 - for most cases: 70 days before and after the birth of the newborn;
- 194 - in case of multiple pregnancy: 84 before and 110 days after the end of childbirth;
- 194 - in case of unexpected birth of twins: 70 and 124;
- up to 70 or 110 , when one or more children under three months of age are adopted, respectively;
- 156if labor began prematurely: at 22-30 weeks of pregnancy;
- 90 — the duration of prenatal sick leave for women whose work involves staying in areas of high radiation.
If they do not want to go on maternity leave in a timely manner, some pregnant employees continue to work beyond 30 weeks without filing a sick leave certificate. In this case, their maternity leave will be shorter: it will be provided from the day when the woman’s enterprise receives an application and a certificate of incapacity for work.
