Do I need sick leave during maternity leave in 2021?

09.06.2019

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6 min.

While on maternity leave, any woman or baby is not insured against illness. The following questions are considered reasonable: is it possible to open a ballot at this time, what rules exist for this, and who is given the right to draw up a ballot instead of the mother. Sick leave during maternity leave is a complex topic; in some cases you cannot do without it, but sometimes it may not be opened. Since there are several reasons, it is necessary to consider them in more detail.

When should pregnant women apply?

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

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

According to paragraph 40 of Order No. 624-n, a sick leave certificate for caring for a sick child is not required to be issued if the employee is on maternity leave of any kind, but a temporary disability certificate due to the child’s illness can be issued in this case.

The basis for this is that the woman in labor goes back to work at the end of her maternity leave under BiR. If an employee is on maternity leave to care for a small child, it is not necessary to take sick leave, and it is issued under standard conditions.

Benefit Payment Calculation

What are the features of receiving benefits if an employee is on parental leave and goes on maternity leave again? In such a situation, we refer to Art. 13 of Federal Law N 81-FZ, which states that in this case, the expectant mother needs to focus on one thing in order to receive payments. She must compare the amounts of payments for BIR, child care and make a choice what is more profitable for her to receive as a benefit.

It may happen that the maternity leaver’s salary increased while she was on vacation. Then she has the opportunity to go into production (even for one day). The calculation will be made based on new earnings.

If there is none, then calculations are made according to the standard scheme, taking into account average earnings (for two years) and length of service (at least 2 years).

Clause 1 art. 14 Federal Law No. 255 says that for the calculation you can take one or two years from the previous years in which the salary was. It needs to be made clear that she can use the higher income year to pay.

Before calculating, you need to help her calculate everything and tell her which choice is better. Having settled on a certain period, the woman must write a statement indicating the period for which the calculation must be made. It is advantageous to take one year from the previous ones (with the highest salary) and one empty year (that is, without income).

Suppose E. Smirnova, without returning from maternity leave, is again preparing to go on maternity leave. What period of time should she take for the calculation? E. Smirnova has been working as a school teacher since 2006. In April 2010, I went on my first maternity leave, and six months before leaving, I again brought in sick leave for the BiR.

To calculate benefits, she can take two years preceding the decree (2008, 2009). Or take one empty year (for example, 2012) and the year before maternity leave, where the salary was higher. You need to take the income for these periods and divide it by the number of calendar days of this period.

Thus, the average daily earnings will be found, used to calculate the amount of the benefit.

The number of days in two years is not always calculated as 365+365. Leap years must be taken into account. If there was one, then it would be 365+366, and if there were two, it would be 366+366.

Payments during maternity leave

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

Read about extending sick leave here.

When will they be produced

According to Order No. 624 and Federal Law No. 255 of the Russian Federation dated December 29, 2006, sick leave during maternity leave to care for a newborn child is paid if the employee continues to work in the organization part-time or works at home. Payment of sick leave is also acceptable in case of complications during childbirth or during a caesarean section.

In such a situation, a second sheet of temporary disability is issued, which extends the paid period of maternity leave. The procedure is an extension of leave, so a personal application addressed to the manager, confirmed by a certificate of temporary incapacity for work, is required. Additional sick leave must be provided no later than 30 days after birth.

This can be done independently or through a trusted person.

Read about sick leave payment in this material.

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

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

When they won't get paid

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

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

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

Maternity leave and its payment

From a legal point of view, there is no such thing as maternity leave. Instead, the following terms are used:

1. Sick leave in connection with pregnancy and childbirth (hereinafter referred to as B&C).
   Paid as a lump sum within 10 days after submitting sick leave to the accounting department.
2. Parental leave for up to one and a half years (hereinafter referred to as UzR)
   . Payments are provided every month from the end of sick leave under the BiR until the child turns one and a half years old.
3. Parental leave for up to three years (hereinafter referred to as unpaid maternity leave, since the 50 ruble benefit was cancelled).
   According to the current legislation of the Russian Federation, the employer is obliged to provide parental leave until the child reaches 3 years of age. However, benefits are no longer provided for this period. It should be noted that large companies, at their own request, introduce additional payments to women with children during periods of incapacity, the amount and procedure for providing them is reflected in the employment contract.

Calculation of maternity benefits

Mothers and pregnant women are entitled to social benefits, which are established at the federal level:

Important!

If a woman’s average monthly earnings are below the minimum wage (minimum wage = 12,130 rubles), then the benefit is calculated based on the minimum wage at the time of the insured event.

What is included in the concept of “maternity leave”

Maternity leave is a period during which an employee interrupts her professional activities due to the onset of motherhood. The basis is preparation for childbirth, the need to restore health after it, as well as looking after the newborn baby.

According to the Labor Code of the Russian Federation, for this period the newly-made mother retains her position.

Typically, maternity leave is a combination of two periods:

1. Maternity leave (briefly - Maternity leave). Article 255 of the Labor Code provides for the possibility of a woman temporarily interrupting her work activity even before giving birth. The period of such leave is fixed. In a standard situation, the interval is 140 days (70 days before the birth of the baby and 70 after, but in case of complications another 16 days are added). In case of multiple pregnancy, it is allowed to take leave 84 days before the birth, and after it the period will be 110 days. Only a woman expecting a child can take advantage of the right to leave under the BiR.
2. Leave to care for a newborn child – up to 3 years. The right is provided for in Article 256 of the Labor Code. Both the mother and the second parent, or a close relative (grandmother, grandfather and others) have the right to take such leave. The period is paid by the employer in the form of benefits, which are subsequently compensated by the finances of the Social Insurance Fund.

The standard maternity leave scheme consists of taking maternity leave, and then submitting an application to management to interrupt work activities based on the need to care for a child. The possibility of looking after a newborn while maintaining a place of work is allowed only up to 3 years.

If, upon reaching this age limit, the mother does not take up her duties, another person may take her position on a permanent basis.

The concept of maternity leave and sick leave for this period

According to current legislation, maternity leave will combine two concepts that are often confused with each other in everyday life. They have different grounds for temporary disability, and are also regulated by different legal documents.

For pregnancy and childbirth

The basis for going on maternity leave is a sick leave certificate filled out by a hospital employee, which is issued at the 30th week of pregnancy (if carrying more than 2 children at 28 weeks). In most cases, its duration is 140 days (70 days for preparation for childbirth, 70 days for the birth itself and caring for the baby in the first weeks of its life), which can be increased to 194 for the birth of 2 or more children. The legislation provides that a caesarean section for a pregnant woman is grounds for increasing the maternity period by 16 days, however, if at the birth of several children with complications during childbirth, such additional sick leave will not be taken into account (the period is extended only for large families by 194 days).

We recommend that you read about payments during maternity leave using the link.

Articles on the topic (click to view)

• Is sick leave considered income?
• What to do if you have extended sick leave for pregnancy and childbirth
• What to do if your employer does not accept electronic sick leave
• What to do if you are not given sick leave
• How many days does it take for sick leave to arrive from the Social Insurance Fund?
• What to do if the place of work is not indicated on the sick leave
• Are sick leave taken into account when calculating maternity leave?

The rules for issuing and the specifics of issuing sick leave under the labor code during pregnancy are regulated by clause 46 of Order No. 624-n of the Ministry of Health and Social Development. According to the law, it is possible to go on sick leave later than required. In this case, a certificate of temporary incapacity for work should be issued not at 30 or 28 weeks, but at any necessary time. Payment and calculation of sick leave benefits during maternity leave according to BiR occurs in accordance with established rules. For the entire duration of the maternity leave, the employee retains his place and position.

If complications arise during childbirth or an emergency or planned caesarean section is performed, the woman in labor has the right to receive a second sick leave, which will extend the maternity leave.

In some types of production, shortly before going on leave according to the BiR, a transfer to light labor conditions is provided (Part 1 of Article 254 of the Labor Code of the Russian Federation; several SanPiN norms relating to hygienic labor standards for women) It normalizes the reduction of workload during work, and also bears a number of restrictions on lifting weights, using equipment, and other physical activities.

How to take maternity leave

To take leave to care for a child before his third birthday, you do not need to issue a certificate of temporary incapacity for work (according to Article 256 of the Labor Code of the Russian Federation). In such a situation, the basis for maternity leave is a personal statement from the mother, father of the child or guardian. This period is included in the length of service as a non-insurance period. When applying for this type of maternity leave, a monthly social benefit is paid. The volume and frequency of payments are guaranteed by law, regardless of whether the mother in labor has official employment before pregnancy and childbirth.

Maternity leave can be taken several times and for any period until the child reaches 3 years of age. At all stages of maternity leave, the employee retains his place and position (according to Part 4 of Article 256 of the Labor Code of the Russian Federation).

Not only the woman giving birth, but also the father, official adoptive parent and guardian can receive parental leave if all the necessary confirmation is available. The basis for going on maternity leave is a personal statement from the employee addressed to the head of his organization.

Is sick leave payable on maternity leave?

To figure out whether sick leave is paid at the time of maternity leave, you need to determine what period we are talking about in a particular case:

1. The initial stage, including leave due to pregnancy, is payable only if there is a certificate of incapacity for work. An obstetrician-gynecologist or attending physician who is seeing a woman has the right to issue a bulletin. Requesting a document is possible from the 30th week of pregnancy or from the 28th week if the pregnancy is multiple. It is also possible to take leave at a later date - at the moment when the employee needs it. The benefit for a certificate of incapacity for work opened for pregnancy and childbirth is paid in total in the form of a single payment. Accordingly, in this case we are talking about paying sick leave, but not on the basis of illness, but on the basis of maternity.
2. The second stage is caring for a child up to 3 years old. In this case, the period of absence from work is also paid, because it is recognized as an insured event on the basis of Article 1.3 of Law No. 255-FZ (clause 2). However, there is no need to provide a ballot here. It is enough to send an application to the manager. The important thing is that the benefit is accrued monthly, but only until the child is 1.5 years old.

This point is further reflected in Order No. 624n of the Ministry of Health and Social Development of the Russian Federation, which regulates the procedure for issuing certificates of incapacity for work. Chapter 5 (clause 40) states that sick leave is not provided during periods of maternity leave and caring for a newborn.

In a situation where a mother on maternity leave is placed in a hospital setting for treatment and restoration of her own health, she also does not have the right to claim sick leave payment. To look after a young child during her absence, the ballot will need to be opened to the father or another relative.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

And such a certificate of incapacity for work is subject to payment in full. However, it has nothing to do with the person who is actually on maternity leave.

Is it payable?

In the above cases, carer's leave will be payable. The calculation is made on a general basis, which takes into account the insurance period and average earnings per day.

Insurance length of service of an employee on maternity leave

The amount is calculated for 10 days of sick leave according to the following data:

• if the length of service is less than six months , the monthly minimum wage is taken into account;
• with up to 5 years of experience – 60 percent of the average salary;
• up to 8 years of experience – 80 percent;
• more than 8 years – 100 percent.

If sick leave lasts more than 10 days, from the 11th day 50% of average earnings are calculated, regardless of length of service.

Expert opinion

Polyakov Pyotr Borisovich

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

An exception is the treatment of a child in a hospital setting, since in this case the calculation continues to be based on the length of service (Part 3, Article 7 of Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”).

Average earnings per day

The calculation is made according to the rules specified in Art. 139 Labor Code of the Russian Federation:

ZPsr = ZP / 12 / 29.3, where:

• ZPsr – actually, the average wage;
• Salary – actual accrued wages (accounting also includes other payments made by the employer for the purpose of providing labor);
• 12 – number of months in a year;
• 29,3 – average monthly number of calendar days.

In situations where the employee had a period of not fully worked month, the formula changes slightly:

ZPsr = ZP / (29.3 * OMP * OMN), where:

• Omp – number of fully worked months;
• OMn – number of days in an incompletely worked month.

The total number of sick days is calculated.

To make it easier to calculate benefits, you can use an online calculator. Just fill in the required fields and get the result.

Exception cases

There are a number of situations when an employee who has taken maternity leave can still qualify for payment for an additional maternity leave. This is due to the labor privileges of working mothers. A reference to exceptional cases is indicated in Order No. 624n - Chapter 2, paragraph 23 and Chapter 5, paragraph 40.

Sick leave will be fully compensated if, during the maternity period, a woman:

• works part time;
• Performs professional duties at home.

In addition, it is possible to open a ballot if, after the end of the period of childcare for a young child, the woman’s physical condition is considered unsatisfactory. And, of course, payment of sick leave is legal when activities continue without using the right to leave upon the occurrence of maternity.

Under such circumstances, a woman performs her duties as an ordinary employee, which means that in case of health problems requiring treatment, she can go on sick leave.

Is it possible to make two payments at the same time?

Clause 11 of the Decree of the Government of the Russian Federation of June 15, 2007 No. 375 contains the answer to the question: is it possible to receive two benefits at the same time? Answer: no. Based on the size of the cash payment, the woman chooses any of them. Usually this is a manual for B&R.

When this period ends, she can take leave to care for the newborn and first child (but only for the remaining days).

Expecting a second and subsequent child are happy days in a woman’s life. To make them less disturbing and bring only positive emotions, it is necessary to properly arrange her leave and calculate maternity benefits, taking into account all the details. Then she will have no doubts. If they arise, count them together with her.

Sick leave calculation

The responsibility for calculating the certificate of incapacity for work issued due to illness or pregnancy rests with the employer’s accounting department. The payment is also made last, but the Social Insurance Fund will compensate this amount in the future.

The employer only pays for the first 3 days of the ballot. In case of incapacity for work due to pregnancy and childbirth, the period is compensated in full from the Social Insurance Fund budget.

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

The following points are taken into account:

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

A situation is possible when, while on maternity leave for up to 3 years, a woman falls ill herself or together with her child. In this situation, the question arises about issuing sick leave.

Is it paid during maternity leave? Can a husband take out a certificate of incapacity for work for a sick child?

1. If a mother gets sick during maternity leave, is she paid for those days?
2. When can you register incapacity for work while on maternity leave?
3. Can dad take the sheet if his wife is on maternity leave?
4. Will they give it to the father if one of the children gets sick?
5. Useful video
6. conclusions

Is it possible to take sick leave while on maternity leave?

Many women who are going to become mothers successfully apply for maternity leave, and then for child care. But not everyone knows the intricacies of the legislation, which is why controversial issues arise. One of the common questions asked is whether sick leave will be given on maternity leave.

It all depends on the conditions, the article will consider cases when this is indeed possible, as well as what should be done in each situation. If you need a sick leave urgently, our company is the best assistant for obtaining it. The main thing is without visiting clinics, and even retroactively! The completed sheet contains the signatures of real doctors and seals of clinics with which we cooperate.

When ordering sick leave for a period of 15 days or more, we recommend also ordering an Extract from the medical history in form 027u , which is often required by employers for such a period of sick leave.

If a mother gets sick during maternity leave, is she paid for those days?

On maternity leave, a woman receives time off and financial support from the state. This period lasts until the child is 3 years old, while benefits are paid only up to 1.5 years.

To officially begin maternity leave and receive benefits, a new mother must complete maternity sick leave.

To register a maternity leave, you need to provide a package of documents, namely: an application for maternity leave for up to 3 years, for payment of benefits for up to 1.5 years, a birth certificate, a certificate from the father’s place of work stating that there are no claims for payments for maternity leave.

Important! If the child’s mother falls ill while on maternity leave, then, according to Federal Law No. 255 of 2006, she is not provided with or paid for sick leave.

In this case, it does not matter whether the child himself or his mother is sick. A woman on maternity leave is already exempt from work and receives appropriate benefits from the state. We can say that maternity leave is long-term sick leave, which is paid according to current legislation. A second ballot cannot be opened and double payouts are not possible.

If the mother became seriously ill and was hospitalized, then she is still not entitled to a certificate of temporary incapacity for work.

If the mother is unable to care for the baby due to illness, then sick leave can be extended to other relatives, for example, the husband.

There may be individual cases when the mother of a baby who is on maternity leave still has the right to take sick leave and is paid according to the established rules.

We also recommend reading:

When can you register incapacity for work while on maternity leave?

In accordance with clause 40 of the Procedure for issuing sick leave, the right to payment of sick leave is present if the mother, during maternity leave to care for a child, continues to:

• work from home;
• perform your duties part-time.

In these situations, you can count on issuing a certificate of incapacity for work and financial support on a general basis.

Can dad take the sheet if his wife is on maternity leave?

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

A very pressing question: will the father be able to go on sick leave if the child’s mother is sick and is on maternity leave? Here the answer is yes.

Dad will be given a sick leave, but only if the mother is really seriously ill while on maternity leave and cannot take care of the child herself at the time.

Thus, the issuance of a ballot also depends on the severity of the disease.

If the mother is urgently hospitalized and there is no one to leave the baby with, the father may not go to work that day - this is his legal right.

Important! It is worth noting that if, in the current situation, an employee “missed” work, then management does not have the right to apply penalties against the employee.

True, he will have to prove the mother’s illness. Most often, a written certificate from the attending physician will be sufficient.

Sometimes doctors violate the norms and do not issue sick leave certificates. In this situation, the father needs to defend his rights and remind them of Law No. 624n of June 29, 2011, which clearly states that a certificate of temporary incapacity for work is given to the one who cares for the child when the mother cannot do this due to illness.

Will they give it to the father if one of the children gets sick?

Another common situation is that there are two children in a family. The wife is on maternity leave with the youngest, and the eldest falls ill. In this case, will the husband be given a certificate of incapacity for work for the elder?

Yes, sick leave can be issued by the father for the eldest child in the prescribed manner with receipt of payment for the period of incapacity.

Duration of maternity leave

It is divided into several parts:

• pregnancy and childbirth itself;
• child care up to 1.5 years;
• continuation of child care up to 3 years of age.

Sick leave for pregnancy and childbirth

It is worth noting that the first two stages are paid. To extend the maternity leave for another 1.5 years, you must write a corresponding application according to the sample from the HR department employees and attach a copy of your birth certificate. Then it will be possible to care for the child for another 18 months, but without receiving funds from the Social Insurance Fund.

Table 1. Duration of the first stage of vacation

The length of sick leave depends on how the birth went. It must be obtained from a doctor at a women's clinic.

Maternity leave

Maternity leave is divided into two components:

1. Maternity leave.
2. Leave to care for a newborn, which by law continues until the baby turns three years old.

The period of pregnancy and childbirth is a special part of maternity leave, which, both in terms of registration and payment, is completely different from its second part, when the child is already born.

Maternity leave under the BiR has the following duration:

1. In the normal course of pregnancy, which does not have any complications, a woman is given 70 days to carry the fetus to term and the same amount of time to restore her health after childbirth.
2. If the birth was difficult, surgery was needed or there was heavy loss of blood, as well as in other cases, another 16 days are added to the previously established 140 days.
3. Women who live in settlements exposed to radioactive radiation and considered contaminated go on maternity leave earlier, not 70 days before, but 90 days before. They are also entitled to 70 days postpartum.
4. If a woman is diagnosed with multiple pregnancies, I get 84 prenatal days and 110 postpartum days.

For the entire period of BiR, a woman is given exemption from work on the basis of an issued medical document; in fact, this is the same certificate of incapacity for work, only long-term. Upon completion, upon application of the woman, leave to care for the baby is issued.

All specified periods are maximum, that is, exceeding them without reason is impossible, but a woman can reduce the periods at her own discretion. Some mothers work until the last minute and go on maternity leave just before giving birth, while others go to work without staying at home for the postpartum period, but immediately after being discharged from the hospital.

The legislation does not prohibit voluntary reduction of B&R terms.

Design algorithm

In case of maternal illness

If the mother gets sick on maternity leave, will the child's father be given sick leave?

Extreme necessity allows for the use of the father's resource if a woman on maternity leave gets sick.

Regardless of the severity of the disease, the father has the right to join in caring for the baby.

In emergency cases, it is permissible to notify management by phone and not even go to work if the child is left unattended. For example, if the mother is hospitalized due to an ambulance call.

The employer does not have the right to impose a disciplinary sanction on the employee in this situation, but the urgency of the measures taken by the father must be documented.

In other cases, the father’s step-by-step actions depend on the nuances of the situation.

A woman’s illness that requires other people to care for her baby can be expressed by :

1. In hospitalization , when the baby is left unattended and the father's support is required.
2. In outpatient treatment , when the baby should be temporarily protected from contact with the mother. For example - with influenza, ARVI.
3. With simultaneous illness of mother and child.

In the first case, the father will have to obtain a certificate confirming that the mother is in a medical institution. In the second and third - a certificate with recommendations from the attending physician, who can be called to your home.

After receiving the certificate, the father has the right to apply for sick leave:

1. If a woman is on paid postpartum leave, until the child is two months old.
2. If the baby is sick.

However, such situations are often met with obstacles from medical staff who refuse to issue sick leave to the father. Such actions are unlawful due to the norms of clause 4 of the Order of the Ministry of Social Development, which entered into force on June 29, 2011 under No. 624-n .

The legislative document states that sick leave is issued to the person caring for the child . Accordingly, the condition of a sick mother, officially confirmed, may be considered inappropriate for caring for a child.

If obstacles arise in obtaining a certificate of incapacity for work, the father or other relative should indicate the authority regulated by these norms.

If the sick child is under two months old, with the certificate received, you should contact the children's clinic at your place of residence or registration - the doctor providing patronage.

He is obliged to issue sick leave for caring for a newborn, even if the child is healthy.

If there is opposition, you should appeal the doctor’s decision to the head of the local clinic.

In other cases of illness of the mother, with the normal physical and somatic condition of the baby, it is necessary to resolve the issue with the employer. According to the regulations, it is permissible to interrupt a mother’s planned inpatient stay with an application to return to work.

The employer is required to issue a severance order. Subsequently, the employee submits a sick leave certificate, which is paid in accordance with established standards. During this period, the child's father:

1. Takes out parental leave with benefits if the child is under one and a half years old.
2. Issues leave without pay if the child is between one and a half to three years old.

The basis for registration will be:

• a copy of the order to interrupt the mother’s vacation;
• child's birth certificate;
• application addressed to the manager.

After the woman recovers, the parents agree on further stay on maternity leave . The employee has the right to resume the designated leave by submitting an application to the employer.

If your baby is sick

Sick leave during maternity leave, issued for a sick child temporarily left without mother's care, sick leave is issued.

To receive it, the father will need to take a certificate certifying the mother’s condition and present it to the children’s clinic where the baby is being monitored .

Such treatment is legal until the child is three years old.

The certificate must indicate the person who will continue to care for the child.

This entry is made by the woman’s attending physician, in her words, and is verified together with the rest of the information included in the extract.

In emergency cases that do not provide the woman with the opportunity to register information, responsibility for the child is delegated to the father .

Any attacks on his legal rights should be challenged on the basis of the provisions of Article 60 of the Family Code, which regulates the role of parents as legal representatives of their minor children, obliged to fulfill the legitimate interests of them.

REFERENCE: Article 61 of the RF IC provides for equal rights and responsibilities of both parents to the needs and legitimate interests of children . In this sense, any discrimination will be illegal.

If the head of the clinic refused to issue sick leave during maternity leave following the pediatrician, and the employer did not provide conditions for caring for the baby, the situation allows for filing a claim , with the recovery of material, and in other cases, moral damages, for proportionate harm received.

For an older child

If there are two children in the family, then the father or grandparent’s application for sick leave for the eldest child is allowed, regardless of the mother’s health status and her legal stay on leave to care for the youngest child .

This treatment can be carried out without hindrance until the patient is 7 years old .

And in the subsequent period, up to the age barrier of 15 years, it applies to cases requiring actual care from parents.

When receiving treatment in a hospital without parental supervision, a temporary disability certificate is not issued to the parent..

ATTENTION: Children with disabilities or serious illnesses that require periodic or systematic care from adults are not limited by age .

Actions aimed at obtaining sick leave for a relative are as follows:

1. The local pediatrician is called to the home and the child is examined in the presence of the mother.
2. When filling out the relevant papers, the doctor asks about the need to issue sick leave.
3. The mother reports that the work ability certificate should be issued to another person who is in the appropriate relationship with the child.
4. The father or another relative comes to the clinic for the next appointment.
5. After examining the child, he receives a sick leave certificate issued in his name.

If the mother and the youngest child are not at home, the father or grandmother has the right to call a doctor on their own . Having explained the circumstances of the case, they can take out a certificate of temporary incapacity for work on their own.

In this case, you should be guided by the position that provides for caring for the baby, in connection with the birth of which maternity leave has been granted.

Sick leave before vacation

Pregnancy progresses differently for every woman. Some people feel great and work as usual, while others feel unwell from the first months of pregnancy. Be that as it may, any employed woman can take sick leave before maternity leave.

The number of sick days for workers in ordinary cases is limited only by the period of recovery, and the frequency of sick leave cannot be regulated, because everything is purely individual. During pregnancy, the female body is especially vulnerable, which can contribute to frequent sick leave before maternity leave.

The employer does not have the right to refuse to pay an employee for the provided ballots.

By law, a pregnant employee can count not only on receiving a ballot if she feels unwell and on payment for it, but also on a relaxation in work. The Labor Code establishes that workers who have submitted certificates from a medical institution confirming that they are pregnant must be transferred to light work if their main work involves excessive stress.

The employer is obliged to take into account the employee’s condition and provide her with a different place of work before going on maternity leave or reduce physical activity at the existing workplace. The certificate of incapacity for work issued before maternity leave is paid in accordance with the general procedure.

Option 4. The child is healthy, the mother goes to the hospital

The child is healthy, but the mother is admitted to a medical facility due to poor health.

How to register sick leave for a non-working mother on maternity leave

1. Since it is impossible for one person to receive both benefits at the same time - both for temporary disability and for child care (Article 183 of the Labor Code of the Russian Federation, only working citizens have the right to pay for sick leave), it is necessary to interrupt her vacation; for this, the employee writes a statement to the employer about the interruption vacation , and transfers it either personally or through relatives who can document the relationship.
2. The employer is obliged to issue a certificate stating that monthly benefits are not provided and that parental leave has been interrupted (based on clause 3 of article 4.3 of the Federal Law of the Russian Federation “On compulsory social insurance in case of temporary disability and in connection with maternity”, the insured person has the right to receive relevant certificates from the insurer (employer).
3. The family member presents the certificate to his employer, and on this basis goes on parental leave.

This is important to know: How to register and how time off is paid for vacation

This way, the mother will receive unemployment benefits without losing her monthly benefit.

Important : Maternity leave is necessarily extended to the mother for the period of days indicated on the sick leave.

Sick leave during vacation

To determine whether sick leave can be received on maternity leave, it is necessary to conditionally divide this concept into two categories:

1. The pregnant woman took advantage of her legal right and took maternity leave.
2. The employee continues to work, despite the opportunity to rest.

In most cases, women, being pregnant, wait for the period of maternity leave and go into it immediately. It should be understood that the B&R holiday itself is an open ballot.

It is issued before going on maternity leave for the entire period of pregnancy and childbirth, but can be extended if there are complications. It will not be possible to open a second sick leave during maternity leave, because double payments are impossible.

If a pregnant employee continues to work, although the time for maternity leave has already come, then she can issue both a temporary ballot, that is, with the right to go to the workplace after its end, and a long-term sheet for the BiR at any time.

Please note that for the unemployed part of the population, labor and employment leave is not issued and is not paid, since in fact the woman does not work anyway, and she is not entitled to social guarantees, due to the lack of deductions of insurance contributions to the Social Insurance Fund. The only exceptions are those women who were laid off from enterprises within six months.

If a child gets sick

After the birth of the baby, the woman in labor spends the required number of days on postpartum sick leave. During this period, it will not be possible to issue a second ballot, even if the newborn himself gets sick.

Sick leave after maternity leave can be extended or a new one opened if the child has medical indications for treatment. You can open sick leave after maternity leave only if you have not yet written an application for maternity leave.

At the end of the period allotted for recovery, the woman in labor has the right to write an application for leave to care for the newborn. This time, at her request, can continue until the baby is three years old or end earlier.

This period of rest is also a release from work, but due to other circumstances it is formalized specifically as a vacation. If the baby is sick during the vacation period, then the mother will not be able to count on payment for days of incapacity.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

In addition, they won’t even open her ballot, for the reason that she is on vacation, which the state allocates specifically for the woman to take care of the baby.

If your mother is sick

If the mother herself is ill, the situation varies as follows:

1. During the registered leave under the BiR, the woman is hospitalized or treated on an outpatient basis, but a parallel bulletin is not issued to her. She will not be able to count on a second payment, because these days have already been paid for.
2. During the postpartum period, when the leave period to care for a newborn begins, the woman will also not receive a certificate of incapacity for work. That is, you shouldn’t count on financial benefits either, but no one denies the need to support her during illness.

If a mother becomes ill, her close relatives - spouse, parents or other relatives - can fill out a form to stay at home and care for both the mother and the baby.

A ballot is issued to a relative under two conditions:

1. The caregiver himself is employed.
2. He will provide the actual care for the patient.

That is, you can count on issuing a certificate of incapacity for work, but only for another family member.

If your older child gets sick

In the normal course of events, the illness of older children entails the issuance of a sick leave certificate for one of the parents, most often the mother. The mother issues a sick leave certificate for minor children with no restrictions on sick time up to 7 years of age. From age seven onwards, the length of ballots is gradually reduced.

But the illness of a minor cannot always be paid for. According to labor legislation, a certificate of incapacity for work is not subject to compensation if:

1. Open while on regular paid leave.
2. Occurred on rest days without pay.

Is sick leave paid during maternity leave? The answer is negative, not in the first half for pregnancy and childbirth, not in the second half for care, no payments are made.

The following will be issued and paid for:

1. Sick leave after maternity leave or issued at the end of it.
2. A ballot issued to women working part-time. This means both remote home work and work in an organization.

In case of partial employment, the child care allowance itself is retained.

maternity sick leave

Girls, tell me, I’m really confused!!

I should be on maternity leave from 02/09, i.e. sl. on Monday. I’m coming to the reception today, hoping at the same time to receive the treasured green leaf to take it to work, and then write an application accordingly, etc., in order to have time to complete all the documents before the start of the vacation and from 09.02 with a pure soul at work no longer appear.

PS girls, thank you very much for your advice! Apparently I was in a hormonal storm yesterday, I need to be calmer, it’s just that everything coincided at the same time.

and what does the residential complex tell me? that they will only write out the sheet to me on 02/09, and I won’t receive it in my hands until a week later, because... there they need the signature of the commission, which they only have once a week, etc. I was a little freaked out. And for what reason should I not show up at work this week (from 02/09)? and the girl should be registered in my place on February 11, if they still don’t have my application or sick leave, therefore, according to the documents, I’m not on vacation yet. And when I get sick leave, they will have to apply for vacation from the back date?! I don’t understand anything at all (((please judge... tomorrow, of course, I’ll ask our staff, maybe I’m so backward and think that if maternity leave starts on 09, then the employer should have sick leave on 09?

and I really didn’t want to show up at work anymore!! it’s so far and hard to trudge around just for 5 minutes to write papers…. I thought I'd finish it this week...

and also killed... I say to the doctor: “I have a vein on my leg, what should I do?” pantyhose stockings? If so, what is the best compression to use?” and she told me: “Yes, ask at the pharmacy, I generally prefer bandages... how do I know what size they will take for your feet.” I tried to clarify how they should be chosen in general, but she said everything, but I prefer bandages. How should I wrap the bandages if I don’t even understand what effect I’m supposed to achieve?

I asked about a control ultrasound, when the doctor looked at me, she told me to come for a control in 2 weeks, because... The baby's tummy was a little smaller. I’m asking today, will you give me directions? she: “You don’t need it!” why not? In my ultrasound report it says “control”, but she says “no need”...

Maybe I’m feeling some kind of heightened emotionality today, I don’t know, but I came out and was in tears... I don’t want to see her anymore... but I’ll have to... and I can’t even imagine how to explain to the manager tomorrow about my maternity leave... I’m setting up the girl too, who should come in my place...

How is sick leave paid?

Calculation of sick leave, regardless of the stage at which it was issued, is made based on the actual performance of the bearer. In this case, general accrual rules apply that apply to all employees.

To calculate compensation for sick days you will need:

1. Calculate the actual number of accumulated insurance years for the employee. When calculating, you should take into account all periods during which insurance contributions were made to the Social Insurance Fund.
2. Calculate the individual average salary for one day at the time of submitting the medical document.
3. Calculate the number of sick days, taking into account the day of issue and the closing date.

The insurance period directly affects the percentage of compensation that a maternity leaver can count on. Its minimum barrier is 60%, it is received by those who have less than five years of service behind them.

Those who have worked for five years, but have not crossed the eight-year threshold, are entitled to 80% of the average income of the sick person. Women who have more than eight years of experience receive 100% of payments.

Organizations pay compensation only for closed certificates of incapacity for work. In addition, the maximum validity period of the medical certificate should be taken into account. By law, it must be presented for payment within six months from the date of closing and no later.

If a woman, while on maternity leave, gets sick herself or her child (eldest, youngest), then the question arises whether it is possible to issue a sick leave certificate, and who has the right to do this - the mother on maternity leave, or the father of the children.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Let's figure out whether a woman can take a ballot while on maternity leave, and whether she will be paid for the ballot. We will also find out who should apply for disability if a child falls ill - the wife on maternity leave or the husband.

Procedure for paying sick leave after maternity leave

The general rules for how sick leave is paid after maternity leave are set out in Federal Law 255-FZ of December 29, 2006 and in Government Decree No. 375 of June 15, 2007. Follow the following algorithm:

1. Determine the billing period.
2. Determine the calculation base.
3. Calculate your average daily earnings.
4. Determine the amount of daily allowance.
5. Calculate your allowance.

From April 1 to December 31, the calculation of sick leave after maternity leave in 2020 in terms of a full calendar month should not be less than the minimum wage (104-FZ dated 04/01/2020).