Author of the article: Anastasia Ivanova Last modified: January 2021 21043
Whether it will be possible to open sick leave during maternity leave depends on the type of leave. Namely, the reasons why the woman temporarily interrupted her work activity. If there is a certificate of incapacity for work, compensation is paid by the employer according to standard regulations. The basis for the calculation is the employee’s average daily earnings.
For how long are sick leave issued?
Women are given a long period of rest during pregnancy and childbirth, when the timing becomes quite serious. This is a general rule that applies to everyone.
Specific numbers have the following description:
- Upon reaching 30 weeks, when the pregnancy is singleton.
- 28 weeks - when three or more children are born.
The duration of the certificate of incapacity for work in the case of pregnancy and childbirth is written in the Labor Code of the Russian Federation, in article 255.
The legislators considered that given such deadlines, the citizen would have serious difficulties in performing her work duties. Preparing for the birth of a baby takes a woman’s strength and health.
But there are opportunities to book your vacation earlier. For example, during the first trimester of pregnancy. The baby's development needs to be monitored. The main thing is the presence of solid and valid reasons. The doctor and the employer must understand that ignoring them only leads to negative consequences.
Expectant mothers are advised to listen to any pain and what leads to discomfort. If you respond to problems in time, it is easier to get rid of complications later.
No one has the right to refuse to issue sick leave certificates. The rule applies throughout the entire pregnancy. It doesn't matter what time frame we're talking about.
Is it possible to register disability before leaving?
According to the law, working pregnant women can take sick leave in the following cases:
- Illness associated with pregnancy. These include deterioration in well-being, difficulties with pregnancy, and potential risks associated with the safety and health of mother and child. This also includes staying in a hospital to maintain pregnancy, preventing premature birth due to working conditions, and any complications during the period of bearing a child.
- Loss of ability to work for reasons not related to pregnancy. These are all the reasons why a certificate of incapacity for work is given to non-pregnant women.
- Disability.
- Multiple pregnancy and the desire to go on maternity leave earlier. Women carrying two or more children at a time can go on maternity leave earlier.
Taking sick leave if you feel unwell and there are risks for the proper course of pregnancy is not only possible, but also necessary. A certificate of incapacity for work for reasons related to pregnancy is issued at the antenatal clinic where the woman is being observed.
For all other questions, the expectant mother can contact a regular clinic.
For example, if you have a cold, runny nose, injury or other reasons not related to gynecology, you need to go to the clinic and get a certificate of incapacity for work from a therapist.
If you feel unwell about your pregnancy, you should go to your gynecologist.
For an employer, it will look like this: a woman does not work for a month, and then brings 2 different sick leaves from different organizations. They will be paid according to length of service, and calculated as amounts for payment of regular sick leave.
We also recommend reading:
- sick pay after maternity leave;
- Is it possible to open a sick leave during maternity leave?
How many days can I take?
The validity period of sick leave usually does not exceed 15 calendar days, but during pregnancy, the number of days can be increased.
Important! It depends on the complexity of the case and the condition of the expectant mother. The extension is carried out according to the conclusion of the medical commission for the period until complete recovery.
For employees recognized by a medical commission as disabled, sick leave is provided for a period of 4 months during one continuous certificate of incapacity for work or 5 months during the year in total.
In addition to your own condition, you can apply for a paid sick leave certificate for the following reasons:
- Baby care. Up to 7 years of age, the entire period of the child’s illness is paid, from 7 to 15 years old - 15 days, from 15 to 18 years old - 7 days.
- Caring for a disabled child. The entire period of illness is paid.
- Care for an elderly relative - 7 days with possible extension.
Does it affect maternity benefits?
Maternity payments are an important issue for almost all expectant mothers.
After all, this is exactly the money that a woman can count on during sick leave for pregnancy and sale, as well as on maternity leave for up to a year and a half after the birth of a child.
The calculation of maternity payments is affected by wages for the previous 2 calendar years; the current year is not taken into account.
A rough calculation looks like this: the employee’s total income for the last two years is taken, from which all sick leave, sick leave for caring for children and relatives, compensation payments, and paid work for which no contributions were made to the Social Insurance Fund are subtracted. Based on the resulting amount, maternity benefits and child care benefits are calculated.
Therefore, each sick leave taken, each period of disability affects the calculation of not only the amount of a lump sum payment for pregnancy and childbirth, but also subsequent benefit payments during parental leave for up to 1.5 years.
Important! Sick leave will affect benefits only if it falls within the billing period - 2 calendar years before the year of maternity leave.
In this case, days of incapacity for work will be excluded from the calculation, and the accrued maternity benefit will not be included in the total earnings. Ultimately, this will not affect the amount of the benefit in any way; its amount will not be underestimated.
If the certificate of incapacity for work is issued in the current year before the start of maternity leave, then it will not have any effect on the calculation of benefits, since the current year is not included in the calculation period.
Calculation examples
Example 1: A pregnant woman goes on maternity leave from March 15, 2021; before leaving, she issues a sick leave certificate for health reasons for 15 days - from February 28 to March 14, 2019.
The hospital benefit is 19,000.
In this example, the completed sheet will not have any effect on the calculation, since earnings will be calculated for the period from 01/01/2017 to 12/31/2018.
Example 2: A pregnant woman takes maternity leave from January 25, 2021, sick leave is issued from December 1 to December 15, 2021, sick leave benefits are 19,000. Earnings for 2021 are 520,000, for 2021 – 590,000.
Calculation:
The billing period is 2017-2018, which includes sick leave taken before maternity leave.
Sick pay of 19,000 is not taken into account in total earnings = 520,000 + 590,000 = 1,110,000.
Sick leave days are excluded from the calculation of daily earnings = 1,110,000 / (731 – 15) = 1,550.28.
Allowance = 1550.28 * 140 = 217039.20.
Who has the right to give sick leave?
When detecting the first deviations and feeling unwell, women should contact a gynecologist. After that they register. The services of private and public clinics are equally suitable. The main thing is that the condition is monitored by a doctor with sufficiently high qualifications. The form of observation and other features are not paid attention to.
It is required to undergo examination by doctors of other specialties, including:
- Cardiologist.
- Immunologist.
- Ophthalmologist.
- Laura.
- Dentist.
- Endocrinologist.
- Service with a gynecologist
Gynecologists are doctors who monitor pregnancy throughout the entire period, from the initial stages until the moment the child is born. Even when there are no complications, visits to doctors are necessary. The responsibilities of such doctors include constant monitoring of the patients' condition.
Here are some of the reasons why local doctors most often issue sick leave:
- Pathologies associated with fetal development.
- Problems with uterine tone.
- Complaints due to increased blood pressure.
- The appearance of edema.
- Deterioration in health.
- The occurrence of infections and sexually transmitted diseases.
- Threat associated with termination of pregnancy.
- Toxicosis.
Even if the complaint does not relate to gynecology, it should not be ignored. It's better to just tell your doctor about your current condition. Based on the results of the conversation, he writes out a referral to a doctor of a certain profile. Next, he identifies the level of malaise and issues a certificate of incapacity for work.
When a woman is not yet registered
Children quickly pick up problems if left unchecked. The weakness of a small body and small size can end badly for pregnancy in general.
Therefore, constant monitoring throughout the first trimester becomes a mandatory requirement for everyone. The gynecologist may offer to undergo treatment in a hospital setting.
But sometimes it happens that expectant mothers do not have time to think about registering. Then you shouldn’t refuse sick leave. The procedure just has a few additional nuances:
- The first stage is to call a doctor at home to report how you are feeling.
- After this, the patient is taken to the hospital.
- An examination is performed on a gynecological chair.
- Registration at the place of residence is completed automatically when information regarding pregnancy is confirmed.
If she has the strength and opportunity, the woman herself can attend an appointment with a local therapist. From him they receive a referral for examination by a gynecologist. Then they also register. Even the lack of registration documents is not a reason to refuse to provide medical care.
Is sick leave provided for child care during maternity leave?
Not in all cases such leave will be granted while caring for a child. The main condition is the illness not of the newborn child, but of other minor children.
In the first case, payment for disability and registration of a sick leave certificate are not provided, since the employee is already on paid leave. The exception in this case is the illness of the baby shortly before the end of the leave to care for him (Order of the Ministry of Health and Social Development No. 624n, paragraph 41).
In the second case, sick leave will be issued provided that the employee goes part-time before the end of nursing leave (clause 23 of Order No. 624n). This rule also includes working from home.
About the duration
The terms of sick leave for pregnant women and ordinary documents are no different from each other, they remain the same. Only a doctor can help determine exactly how long it will take to restore health.
The maximum validity period of one sick leave issued by a doctor is 15 days. This rule also applies to workers of any category, not just pregnant women. The duration of rest can be reduced if a dangerous condition is not identified. Such actions will not be illegal.
Duration
According to Article 115 of the Labor Code , vacation before maternity leave is 28 calendar days .
Rest before maternity leave also has this duration.
In a situation where a pregnant woman wants to receive half of her vacation (14 days) before going on maternity leave, and the other half after, she will undoubtedly be denied .
Article 125 of the Labor Code allows vacation to be divided into parts only by agreement of the parties, but pregnant women in this situation are an exception . Reducing the number of vacation days for these ladies is prohibited .
However, in a situation where a woman, even before pregnancy, spent several calendar days on vacation in a particular year, and in the same year she still has “unscheduled” days, then these are exactly what she will receive before going on maternity leave.
In case of hospitalization
If it is determined that the condition is dangerous for the mother and baby, a special commission is convened. But the decision of such commissions remains valid only if treatment is carried out not at home, but in a hospital. One of the important conditions is hospitalization of the patient. You cannot do without documentation according to all the rules.
In the case when the first period of treatment has expired, and residual effects still persist, doctors can decide to extend the rest time. It is often advised to move to a sanatorium for better care. This is a legal decision that cannot be challenged. The duration of treatment is 24 days.
Regarding the extension of sick leave
The general rules remain the same here; in each situation, only a number of nuances need to be taken into account.
When visiting a clinic.
If a patient turns to representatives of a hospital facility for sick leave and its extension, it means that the treatment itself takes place at home. The attending physician in such a situation does not have the right to make decisions regarding extension alone.
A medical commission will have to be convened to decide whether the patient needs an extension. The conclusion about the condition is made based on the study of several factors: doctor’s notes, documents and examination of the patient herself. After the commission makes a decision, the period of sick leave can be extended to a maximum of 10 months.
In the case of a hospital.
The examination is carried out when the first period of sick leave ends. Then they decide what kind of help from doctors is needed next. In a hospital setting, sick leave stay is increased by no more than 10 days.
After sanatorium-resort follow-up treatment.
Here the decision is made by the management of the institution itself. This is necessary if there is no improvement. Even after the sanatorium treatment is over. The law sets a maximum period for such situations - 24 days.
How many days can pregnant women take according to the Labor Code of the Russian Federation?
By law, the employer must provide annual leave regardless of length of service.
This refers to the annual duration of 28 days.
That is, a woman has the right to request any number of days within 28.
The application must indicate the desired duration of vacation; all days must be provided and paid for.
Is it possible to apply for an advance payment under the Labor Code?
If she has not worked enough time in the organization, or has already used all the accumulated vacation days earlier, then the employer is still obliged to provide the vacation in advance.
A woman must understand that she is not provided with additional paid days of rest in connection with her pregnancy, but with an annual paid leave of 28 days.
If there are unused days, they are used. If all the days are spent, or the length of service is not enough to obtain an annual duration, then the leave will be issued in advance. The woman will have to work it out in the future.
Maternity leave will already give the employee the right to 11.65 days of vacation (140 days of maternity leave are 5 full months, which give 5 * 2.33 = 11.65 days). Maternity leave for up to 3 years is not included in the vacation period.
If the vacation is arranged in advance, and the woman quits without completing it, then it becomes difficult to overpay vacation pay. Excess amounts paid may be withheld from the employee's salary upon dismissal (but not more than 20% of the amount paid).
If this is not enough, or the woman is not entitled to anything upon dismissal, then the overpayment of vacation pay will have to be collected from the woman in another way - for example, by asking her to deposit cash into the organization’s cash desk herself.
How to calculate vacation pay?
Formula for calculating vacation pay:
Vacation pay = Average daily earnings * Vacation days
Formula:
Average daily earnings = Earnings for the billing period / Days worked in the billing period
Formula:
Days worked = 29.3 * Number of full months + Days worked in partial months
Formula:
Days worked in an incomplete month = Number of days worked in a month * 29.3 / Number of calendar days in a month
When calculating vacation pay, you need to calculate the average daily earnings for the last 12 months of work. The calendar months preceding the month of registration of the annual vacation are taken.
Daily earnings are multiplied by the number of vacation days, resulting in the amount to be paid.
To calculate average daily earnings, total annual income is divided by the number of calendar days worked in that year.
You can take into account salary and bonuses.
You cannot include sick leave and maternity benefits, payment for business trips, downtime, and vacation pay as income.
If a month is completely exhausted, it is considered to have 29.3 days.
With a fully worked out billing period, the number of days for calculation is 29.3*12 months.
If in any month there was one of the excluded periods (business trip, maternity leave, sick leave, vacation, downtime), then it is considered to be incompletely worked.
For incomplete months, days are calculated separately using the formula:
Formula:
Calendar days worked * 29.3 / Calendar days.
For example, during a business trip in August lasting 8 calendar days. the following is taken into account: 23 * 29.3 / 31 = 21.74 days worked.
Calculation example
Initial data:
Ivanova will go on maternity leave on June 14, 2021; before sick leave, she takes 28 days of annual leave according to BiR.
Her monthly salary is 28,000 rubles.
In January 2021, she was on a business trip for 5 days, and in March she took 14 days of annual leave.
The salary in January was 20,000 rubles, in March 15,000 rubles.
Let's calculate Ivanova's vacation pay.
Calculation:
Since maternity leave begins on June 14, 2019, she needs to go on vacation for 28 days from May 17, 2019 to June 13, 2019.
The billing period for vacation pay is from 05/01/2018 to 04/30/2019.
Earned during the billing period = 28,000 * 10 + 20,000 + 15,000 = 315,000.
Worked in January 2021 = 26 * 29.3 / 31 = 24.57 days.
Worked in March 2021 = 17 * 29.3 / 31 = 16.07 days.
Days worked in the billing period = 29.3 * 10 months. + 24.57 + 16.07 = 333.64 days.
Vacation pay = 315,000 / 333.64 * 28 = 26,435.68 rubles.
The procedure for issuing certificates of temporary release from work
For all workplaces, a mandatory requirement is to undergo certification and special checks. The purpose of the development is to determine the level of harmfulness and complexity of the situation in a particular place.
In some professions there are premiums for harmfulness. All directions fall under the rule. Even those where the factors are weak enough to damage health, but are dangerous during pregnancy. Release from work is the right of every citizen.
Refusal is illegal, and in the first days of the condition. Especially if conditions are created that can harm the mother and unborn child. Exemption is acceptable for the entire pregnancy, until the birth itself.
For such situations, the procedure will be as follows:
- A certificate listing harmful factors is issued to women by occupational safety engineers or human resources departments.
- After this, they contact a gynecologist, from a public or private clinic. The doctor confirms the state of pregnancy and gives a referral for examination by a medical commission. Only after passing all the examinations is the citizen registered. It is recommended to contact the institution at your place of permanent residence; problems often arise when interacting with commercial services.
- To undergo an examination by a medical commission, a woman must have a certificate from her place of work, a passport and an outpatient card, a referral. It is after this appointment that an official exemption from work is issued.
- The received certificate is transferred to the personnel department of the enterprise with which the employment agreement was signed.
Possible grounds for sick leave
Without a timely visit to a therapist, you will not be able to receive a referral to doctors of another profile. This is relevant in the presence of symptoms that are not related to the pathologies of pregnancy itself.
Colds and flu
Acute respiratory colds (ARI, ARVI) are a problem that pregnant women face most often, like other people. Pregnancy has a particularly acute effect on immunity and contributes to its decline. Complications arise, including due to the ban on taking certain types of medications during pregnancy.
Sick leave before maternity leave according to the labor code: grounds for receipt
Providing the opportunity for treatment and payment for the period of incapacity for work are carried out in accordance with the requirements of labor legislation. The employer does not have the right to refuse an employee to receive benefits for the period of incapacity for work before the onset of maternity leave. Violation of the Labor Code of the Russian Federation entails the imposition of fines.
Registration of sick leave before maternity leave may be due to the following reasons:
- The occurrence of a disease associated with ailments or complications during pregnancy.
- Loss of ability to work due to general illnesses - colds, acute respiratory viral infections and other forms of illness.
- Injury at work or at home.
- The need to care for a child or elderly relative.
The bulletin is provided to the employee in connection with outpatient or inpatient treatment on a permanent basis or day visit.
