As you know, in our country, each family represents a cell of our multifaceted society with its own microcosm, where its own special and unique relationships develop, with its own everyday concerns, where husband and wife solve various family situations and problems. Our families have different attitudes towards the issue of having children and raising them, and young parents do not make plans for the period after the birth of a baby in the same way, setting priorities for raising or further building a career that was interrupted for a good reason - due to pregnancy and giving birth to a young mother.
Therefore, some of them, after the birth of their baby, devote themselves entirely to his care and upbringing and are in no hurry to go to work. Others, on the contrary, after the birth of a child, dream of quickly returning to business, to the service, to the team. You should not condemn such a decision and blame mommy for careerism. Most likely, her desire to go to work is connected precisely with her great love for her little one, since she strives to give her child prosperity and comfort. She strives to improve material wealth young family. There are situations when, as they say, mom works for good location, in a prestigious, highly paid position, and it is more appropriate for her to be socially active, and to entrust the care of the little one to another relative. And our legislation provided for such an option: you can go on leave to care for a newborn to another parent or one of your close relatives.
How is it right for a future mother to arrange maternity leave for her relatives?
Gone are the days when only the father of the family was responsible for earning money and supporting the family, and when only the mother was responsible for taking care of the child. IN modern world these issues are resolved on a rational basis. And if it becomes advisable to formalize maternity leave not on the mother, but on another family member, the law now allows this. The current legislation allows that a close relative of the mother or her husband will be directly caring for the child, and in this case this care will be paid for by the due maternity payments and other social benefits, as in the case of the mother’s decree.
Article 256 of the Labor Code provides a list of those persons who are entitled to maternity leave. These are the grandmother from one of the parties, the child's father or his guardian.
If it is decided in the family that the father or grandmother of the baby will take care of the child, then one of them should fill out an appropriate application at the place of their labor activity. At the same time, no employer has the right to refuse such an application.
Important! In case of unlawful refusal of the head of the enterprise to grant maternity leave to a close relative or father of a young mother, a statement of claim should be immediately filed with the court. Judicial practice in such disputes indicates positive decisions of the judiciary in favor of the plaintiffs.
In addition, being on maternity leave instead of mommy close relative or the husband does not have the right to dismiss, are obliged to retain his position, or workplace until the end of the decree, with the exception of the option of liquidating this enterprise.
To apply for parental leave for the husband, the latter at the place of work provides: a birth certificate of the child, an application for parental leave and a certificate stating that the mother of the child is not on maternity leave at the same time, but has begun to fulfill her duties at the place his work.
Important! In the case of registration of leave for the father of the child, social benefits are similar to those provided for maternity leave for mothers. If the mother of the child is not employed, the father can be issued maternity leave with the payment of an allowance to the family in the amount of 40 percent of his average salary.
If the child’s mother decides to take maternity leave for one of the baby’s grandmothers, then at the grandmother’s place of work the same documents are provided as in the case of the father, but in addition, doctors must make sure that the grandmother is physically able to care for the small child. If the grandmother does not have a permanent job, then social benefits and child care payments will not be preserved in full. She is also entitled to vacation pay at the rate of 40% of her salary. If the grandmother does not have a job and is a pensioner, then the issue of providing social benefits will be decided by the authority social protection taking into account the possibility of the financial situation of the baby’s parents. The grandmother must submit to her place of work the child’s birth certificate, a certificate from the mother’s place of work and an application for maternity leave for the grandmother.
When a newborn is adopted, the adoptive parent must provide an application for parental leave, a birth certificate and an adoption certificate at the place of work.
Important! The adoptive parent may, for ethical reasons, not provide the employer with an adoption document, but then his leave will be limited to only 1.5 years. When extending parental leave to 3 years, the employer has the right to request an adoption certificate.
In another family, on the contrary, after the birth of a child, the mother no longer thinks about any previous work, her attachment to the new little person is stronger than the desire for career growth and the desire to make money, her desire is only one thing - to be with the baby constantly and for as long as possible. The imminent end of maternity leave weighs heavily on her, and she increasingly thinks about how to prolong this state longer.
In the previous article “Maternity leave. Early termination” we answered the following questions: what is maternity leave; how long does maternity leave last? how to interrupt maternity leave and leave maternity leave early and how to formalize leaving maternity leave ahead of schedule.
Now, in continuation of the topic, we will talk about changing the terms of maternity leave and consider the situation related to the extension of maternity leave after the child reaches 3 years of age. After all, it often happens that the time allotted by law for pregnancy, subsequent childbirth and improvement of health after the birth of the baby is clearly not enough. And then the question arises about extending the maternity leave.
This may be due to both the baby’s health and physical condition mothers after childbirth.
IN Russian Federation The law establishes the duration of maternity leave as 3 calendar years. Moreover, as we already noted in the previous article, this vacation consists of two parts: prenatal and postnatal. It is more correct to divide maternity leave into its three components: this is a sick leave issued to a woman on the basis of an existing pregnancy and in connection with childbirth; leave provided after childbirth to care for a child until he reaches 1.5 years of age and leave provided to care for a child until he reaches 3 years of age.
According to Article 11 Federal Law"ABOUT labor pensions in the Russian Federation”, if a woman gives birth to two babies, she can be on maternity leave until he turns 3 years old while maintaining his seniority and job.
The state is obliged to constantly take care of the health of mothers and their children. The obligation to provide them with maternity leave and pay compensation for the entire period while the young mother is on maternity leave must be strictly observed by all employers.
Extension of maternity leave
When deciding to extend her maternity leave, a female employee must remember that the law will be on her side.
To extend the period of leave due to pregnancy and childbirth, a woman with a pregnancy of up to 30 weeks must write an application and submit it to the employer.
Sample application for maternity leave
STATEMENT
for maternity leave
I ask you to grant me maternity leave in accordance with Article 255 of the Labor Code of the Russian Federation from "___"_________ ____ to "___"_________ ____ until he reaches the age of three years.
I ask you to pay maternity benefits and a one-time benefit in connection with registration at a medical institution at an early date.
Application:
1. Certificate of incapacity for work
2. Certificate from the antenatal clinic
As we already discussed in the previous article, the Labor Code of the Russian Federation established the following durations of maternity leave:
- If the pregnancy proceeds with one baby, then the duration of the vacation is 140 calendar days (70 of them before childbirth and 70 after childbirth).
- If there is a multiple pregnancy, then the duration of leave is 194 calendar days (84 of them before childbirth and 110 after childbirth).
- If the birth process involved complications, then the duration of the vacation will be 156 calendar days (70 of them before childbirth and 86 after childbirth).
Depending on the above situations, the extension of maternity leave occurs on the basis of a specially issued sick leave and upon an application for extension of leave on this basis.
Sample application for extension of leave
for pregnancy and childbirth
________________________________
(full name, position of manager
and employer's name)
from: ______________________________
(full name, position, address, telephone)
STATEMENT
on extension of maternity leave
In accordance with Article 255 of the Labor Code of the Russian Federation, I ask you to extend my maternity leave by ___ calendar days in connection with sick leave (indicate the reasons for extending the leave).
Date of application "___"_________ ____ Signature _______
You can also increase the number of days you are at home with your baby after his birth by using annual paid leave when maternity leave is over. For these purposes, a standard application for annual leave is submitted at the place of work, outside the vacation schedule, in which the reason should be to indicate the birth of a child.
The basis for writing such a statement is Article 260 of the Labor Code of the Russian Federation, which guarantees women in connection with pregnancy and childbirth the right to be granted regular annual paid leave at their request, regardless of the vacation schedule and length of service at the given enterprise. She can use this right both before and after maternity leave.
Alternatively, you can go on maternity leave earlier than the period established by law, during early pregnancy, but only if the basis for granting such leave is a medical certificate, which records a doctor’s recommendation about the need for maternity leave before 12 weeks of pregnancy.
To continue parental leave for up to 1.5 years until the baby becomes 3 years old, an application to extend the leave for up to 3 years is drawn up and submitted to the HR department. At the same time, an application for monthly compensation is submitted. The basis for extending parental leave to 3 years is the child’s birth certificate.
Sample application for parental leave
until they reach the age of 3 years
General Director of LLC "_________"
____________________________ (FULL NAME.)
From_______________________ (position)
____________________ (full name of employee)
Statement
Please grant me maternity leave ___________________________________________________________________________________________________
(last name, first name, patronymic of the child)
until they reach the age of three years from " " __________________ 2017
Attached is the child's birth certificate.
" " _______________ 2017 ___________ (employee signature)
What about maternity leave for an employee with whom a fixed-term employment contract was concluded?
An employee signed up under a fixed-term employment contract often thinks about what will happen to her and her place at work when she goes on maternity leave?
If with expectant mother a fixed-term employment relationship was concluded, first of all, this means that she is entitled to maternity leave and it will be provided in accordance with the Labor Code of the Russian Federation. In this case, the same state guarantees are provided for the pregnant woman as if she worked under the terms of an open-ended employment contract. A fixed-term employment contract cannot be terminated with a pregnant woman due to the expiration of the contract. Termination of a fixed-term employment contract with pregnant women is allowed only when the enterprise itself is liquidated.
An employee under a fixed-term employment contract, just as if she worked indefinitely, has the right to count on receiving monthly payments due to her condition of pregnancy or childbirth. She is also entitled to receive a lump sum benefit. When contacting an antenatal clinic for the purpose of early registration, she is also entitled to an additional financial payment in connection with early pregnancy registration.
Now about the features of maternity leave under a fixed-term employment contract: the employer has the right to request from the employee a sick leave certificate or a medical certificate stating that she is pregnant. Once the HR department of the enterprise has documents about pregnancy, an order will be issued to extend the fixed-term employment contract with such an employee. That is, an employee during pregnancy and maternity leave will remain on the organization’s staff list.
However, if an employee hid her pregnancy from the employer and reported only the fact of childbirth, or such information became known to the enterprise from other sources, the enterprise has the right to terminate a fixed-term employment contract with such an employee seven days after the birth.
But if the employer has not terminated the fixed-term employment contract with such a woman, then from a fixed-term contract such a contract becomes indefinite.
On December 28, 2013, Federal Law No. 427-FZ amended Article 11 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, according to which the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total are counted in the insurance period along with periods of work and (or) other activities. This means that the legislation of the Russian Federation has increased the maximum period of parental leave from 3 to 4.5 years.
This provision of the law applies to mothers or other members of her family who are on maternity leave if they have three children under the age of 1.5 years, whom the mother gave birth to during periods of maternity leave, which allows a woman to take care of three children , born sequentially one after another.
A prerequisite for extending maternity leave from 3 to 4.5 years is precisely the situation when a mother gave birth to one child three times in a row with a minimum temporary break.
In a normal situation, a woman who is on maternity leave for up to 3 years and wants to spend more time with her family and child should understand that at present, maternity leave of 4.5 years as such is not provided for by law.
But she can also increase the time spent in the family if she takes annual leave with the preservation of wages in the prescribed amount by Article 260 of the Labor Code of the Russian Federation. (We explained how to do this a little higher). Indeed, today the law allows any working mother to take annual calendar leave both before and after maternity leave. At the same time, she herself has the right to decide how it is more convenient for her to use it: before or after.
Among other things, you can arrange unpaid leave (without pay) for a period that must first be discussed with the employer. When writing an application for this type of leave, it is worth indicating family circumstances as the basis for its provision and referring to Article 128 of the Labor Code of the Russian Federation and social guarantees specified in the collective agreement of the enterprise.
How to issue an order to extend maternity leave in case of complicated childbirth?
Answer
Having considered your question, we can say that issuing an additional temporary disability certificate to the employee indicates that the birth was complicated. This slip must be accepted and additional maternity benefits must be calculated. This is considered as one insured event that occurred during the period of work.
The registration procedure is the same as for granting maternity leave. The employee writes a statement addressed to the head of the organization with the following content:
“I ask you to extend maternity leave from September 12, 2013. to 27.09.2013 Reason: temporary disability certificate 74411254131212, issued on September 11, 2013. Women's consultation No. 10 of the Nakhabinsky district of Moscow."
On the basis of this application and a certificate of incapacity for work, an order is issued to extend the maternity leave, which the employee must be familiarized with against signature. A sample order is given below in the selection of System materials.
Thus, in answer to your question, we can say that the employee again needs to write an application to apply for an extension of maternity leave, and in any case, it is necessary to issue an appropriate order, no changes need to be made to the old order.
certificate of incapacity for work issued in connection with pregnancy.
Based on the specified documents, issue a leave order (by or). Next, familiarize the employee with him under the signature and enter information about the vacation in her.
How to apply for maternity leave if the employee does not have a sick leave
Vacation period
The duration of the leave is determined by the doctor and indicated on the sick leave. It depends on the circumstances under which pregnancy and childbirth took place. So, the duration of the vacation can be:
140 calendar days (in general);
156 calendar days - for complicated childbirth;
194 calendar days - for multiple pregnancy and the birth of several children;
160 calendar days (including 90 prenatal days) - if the employee lives (works) in a settlement that has been exposed to radioactive contamination as a result of the Chernobyl accident (in the area of residence with the right to resettlement), or lives in a settlement that has been exposed to radioactive contamination as a result of the accident at the Mayak production association and discharges of radioactive waste into the Techa River (in the general case).
Such rules are established by paragraphs of the Procedure approved by.
For more details on the duration of vacation, see.
During the period of maternity leave, the employee is entitled to...
Nina Kovyazina,
Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health
Answer: How to pay maternity benefits
The duration of the vacation is determined by the doctor (indicated in). It depends on the circumstances under which pregnancy and childbirth took place.
Typically, maternity leave begins 70 days before the birth and ends 70 days after the birth. If a woman had a difficult birth (including multiple pregnancies), then maternity leave is extended. Births that are considered complicated are listed in.
What is the duration of vacation, see.
General calculation procedure
Calculate the amount of maternity benefits based on earnings for, which in general is two calendar years preceding the year the maternity leave began (Parts and Articles 14 of the Law of December 29, 2006 No. 255-FZ). In this case, it is necessary to take into account earnings from previous jobs, if any were in the billing period. The employee’s income needs to be confirmed from previous places of work ().
The amount of earnings paid by previous employers must be taken into account when calculating maternity benefits in the organization where the employee works at the start of maternity leave. Provided that contributions to the Russian Federal Social Insurance Fund were calculated and paid from this earnings ().
If at the time of the start of the vacation the employee works in several organizations, it is necessary to take into account the specifics of payment of benefits. For more information about this, see.
If an organization’s accountant doubts the reliability of the information provided about earnings set out in certificates from previous employers, he can contact Pension Fund RF for confirmation. To do this, you need to submit a request to the territorial office of the fund at the place of registration of the former employer from whom the information was received, according to and in the approved form.
Billing period
The duration of the billing period is two calendar years preceding the year of maternity leave. When calculating maternity benefits, the total number of calendar days in the calculation period is taken into account. In 2013 it is 731 days (365 days in 2011 and 366 days in 2012).
In this case, the following must be excluded from the calculation period:
periods of temporary disability, maternity leave, parental leave;
the period of release of the employee from work with full or partial retention of salary, if insurance premiums were not deducted from wages.
This procedure is established in parts and articles 14 of the Law of December 29, 2006 No. 255-FZ, Regulations approved, and is confirmed.
These rules do not apply to the situation when the average daily earnings must be calculated based on.
An example of determining the settlement period for paying maternity benefits. The employee did not have any calendar days excluded from the pay period
The settlement period for payment of maternity benefits will be from January 1, 2011 to December 31, 2012 inclusive. The duration of the billing period will be 731 days (365 days + 366 days).
An example of determining the settlement period for paying maternity benefits. The employee had calendar days excluded from the pay period
In 2012, from March 16 to March 29 (14 calendar days), Ivanova was ill and received temporary disability benefits.
The settlement period for payment of maternity benefits will be from January 1, 2011 to December 31, 2012. The duration of the billing period will be 717 calendar days (731 days - 14 days).
How to determine the billing period for paying days of additional leave that an employee received in connection with a complicated birth
The billing period for paying for additional maternity leave will be the same period as for paying for the first sick leave.
In conclusion, we note that when calculating benefits based on the minimum wage, the provisions of Article 14 of Law No. 255-FZ of December 29, 2006, which require the actual number of calendar days in the billing period to be used for calculating benefits, and not a fixed number of 730 days, are not subject to application. In this case, the direct norm of the Regulations approved is in effect, which does not allow for a different interpretation of the calculation.
An example of determining average daily earnings for calculating maternity benefits. Earnings for the billing period per full calendar month are less than the minimum wage
Employee A.I. Ivanova has been working for the Alpha organization since February 2013. The organization is located in Moscow. Ivanova’s insurance experience is more than six months.
In 2011, Ivanova did not work.
In 2012, the employee worked for another employer, her earnings amounted to 102,000 rubles. (contributions to the Federal Social Insurance Fund of Russia were paid from the entire amount). In addition, in 2012, Ivanova was sick for 20 calendar days and received temporary disability benefits.
In October 2013, Ivanova goes on maternity leave.
The calculation period for determining the average daily earnings when calculating maternity benefits is 2011 and 2012.
The amount of average daily earnings, calculated based on Ivanova’s actual earnings, was:
102,000 rub. : (731 days - 20 days) = 143.46 rubles
The average daily earnings, calculated based on the minimum wage established on the start date of maternity leave, is equal to:
5205 rub. × 24 months : 730 days = 171.12 rub.
The average daily earnings, calculated based on the minimum wage, are greater than the average daily earnings, calculated based on the employee’s actual earnings (171.12 rubles > 143.46 rubles).
Therefore, to calculate the benefit, the larger of the values is used (RUB 171.12).
Documents for payment of benefits
To receive maternity leave and benefits, the employee must submit to the organization’s administration:
sick leave issued according to (, Procedure, approved);
They can be sent to the organization in the form of electronic documents certified by an electronic signature in accordance with the requirements and articles of the Law of July 27, 2010 No. 210-FZ and submitted using electronic media or telecommunication networks, including the Internet.
Submission of documents in the specified format is possible:
-
If you pay vacation pay for the day too late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.
Based on the submitted documents, the head of the organization issues an order to grant the employee maternity leave in accordance with the instructions approved by, or approved by the head. The employee must be familiarized with it under signature ().
It should be noted that when checking the reimbursement of maternity benefits, the FSS of Russia does not have the right to demand additional documents from the employer, including copies of educational diplomas, Regulations on remuneration, staffing schedules, time sheets, job descriptions. Since they are not included in the documents that are submitted to the fund for payment of benefits, approved. The courts take a similar position (see).
Payment of benefits for complicated births
If an employee’s postpartum leave is extended (for example, during a complicated birth), her sick leave will be additionally extended by 16 calendar days (Approved Procedure). In this case, she needs to pay additional benefits.
Deadline for granting benefits
Allow benefits for the entire period of maternity leave no later than 10 days from the moment the employee submits a sick leave certificate ().
The employee has the right to bring sick leave after the end of the vacation. However, the right to benefits remains if no more than six months have passed since the end of maternity leave (on sick leave). This period can be extended by decision of the territorial branches of the FSS of Russia if the employee missed it for a good reason.
Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled full list and selected a safe replacement for each prohibited document.
Employee Petrova has been on maternity leave (on sick leave for pregnancy and childbirth) since 08/05/2013. until December 22, 2013. The order for prenatal and postnatal leave was made from 08/05/2013. to 12/22/2013 Petrova also brought a sick leave certificate, because... the birth was by caesarean section, from 12/23/2013. until 01/07/2013.
Do we still need to make an order to extend Petrova’s maternity leave? Or just take sick leave, and take out leave for up to 1.5 years from November 8, 2013 until the child reaches 1.5 years? Also, all employees on maternity leave are worried about when paid leave will be increased to 3- x years, and unpaid for up to 4.5 years. Tell me when the bill will come into force and whether it will come into force?
Answer
Consider your questions:
Do we still need to issue an order to extend Petrova’s maternity leave? Or simply take sick leave and issue leave for up to 1.5 years from November 8, 2013 until the child reaches 1.5 years of age.
In accordance with Part 1 of Art. 255 of the Labor Code of the Russian Federation, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave for a duration of 70 calendar days before childbirth and 70 calendar days after childbirth, with the payment of state social insurance benefits in the amount established by federal laws.
In accordance with paragraph 48 of section. VIII of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, a woman may additionally be issued a certificate of incapacity for work for 16 calendar days in case of complicated childbirth. The list of cases related to complicated childbirth is established in the Instructions on the procedure for granting postpartum leave for complicated childbirth, approved by the Ministry of Health of Russia on April 23, 1997 No. 01-97. The certificate of incapacity for work issued in this case extends maternity leave and entails the need to make an additional payment of maternity benefits for the additional 16 days of leave provided.
certificate of incapacity for work issued in connection with pregnancy.
Based on the specified documents, issue an order for leave by or by. Next, familiarize the employee with him under the signature and enter information about the vacation in her.
Vacation period
The duration of the leave is determined by the doctor and indicated on the sick leave. It depends on the circumstances under which pregnancy and childbirth took place. So, the duration of the vacation can be:
140 calendar days (in general);
156 calendar days - for complicated childbirth;
194 calendar days - for multiple pregnancy and the birth of several children;
160 calendar days (including 90 prenatal days) - if the employee lives (works) in a settlement that has been exposed to radioactive contamination as a result of the Chernobyl accident (in the area of residence with the right to resettlement), or lives in a settlement that has been exposed to radioactive contamination as a result of the accident at the Mayak production association and discharges of radioactive waste into the Techa River (in the general case).
Such rules are established by paragraphs of the Procedure approved by.
For more details on the duration of vacation, see.
During the period of maternity leave, the employee is entitled to...
Nina Kovyazina,
Deputy Director of the Department of Education
and human resources of the Russian Ministry of Health
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There are situations when pregnancy and childbirth occur with complications and have unpleasant consequences for the mother or child. In such a situation, a woman has the right to receive additional paid maternity leave. Such leave is provided to allow the female body to recover and preserve the health of the mother and her baby as much as possible.
The possibility of extending sick leave is enshrined in the provisions of Federal Law No. 131, which was adopted in 1996. It is in this law and in the Labor Code that factors are established, the presence of which leads to the fact that this type of leave should be increased.
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By law, the period can be extended for a period of 16 to 40 days, depending on what became the basis for such an extension. For example, if complications arise during childbirth, a woman can expect that the period will be extended by 16 days. In the case of a multiple pregnancy, the period will be extended as much as possible.
Is it possible to do this
At the level of Russian legislation, it is taken into account that childbirth is an uncontrollable process that can end in the most unexpected way. It is not uncommon for mothers to undergo surgery; as a result of childbirth, various painful conditions and other problems can develop.
In addition to the mother, the baby is also susceptible to various injuries. The child may also experience various complications and problems that result from birth process and congenital pathologies. Taking this into account, extending sick leave for pregnancy and childbirth is considered to be common practice.
Article 255 of the Russian Labor Code lists the main reasons that are the basis for prolonging sick leave, which is provided in connection with pregnancy and childbirth.
Possible reasons
The main reasons why sick leave may be extended:
| Complications arising during childbirth |
|
| Multiple pregnancy |
|
| Complications that arose before the birth of the child | These include factors that cause pain to the mother and baby, threatening their health and life. Such conditions include:
|
| Problems that arose after childbirth |
|
| Mom's illness | Childbirth is not a simple process that can lead to the development of various diseases in a woman, including:
|
How to apply for an extension of sick leave for pregnancy and childbirth
To extend sick leave, a woman should consult a doctor at one of the following institutions:
- Women's consultation;
- the hospital or outpatient clinic where she gave birth;
- polyclinic.
If the doctor approves the woman’s request, he must make an entry in her Exchange Card (Special Notes section). The document must indicate that the young mother is granted additional or postpartum leave. In addition to this general phrase, the doctor specifies for how many days the extension occurs: 16 or 40.
When a woman, for some reason, is not at her place of permanent residence, a certificate of incapacity for work is issued by the medical institution in which she gave birth. Moreover, the place where she lives in this moment, it does not matter.
If a complicated birth occurred outside a medical institution, extension of sick leave for pregnancy and childbirth is possible if there are appropriate recommendations from the attending physician. The period for which the leave will be extended depends on the patient’s condition.
To receive a second sick leave, a person must have a certain package of documents with him.
Among them:
- original and photocopy of passport;
- a copy of the sick leave certificate that was issued for the first time;
- an exchange card, which is issued to each pregnant woman upon registration;
- a certificate of the birth of a child, if the baby has already been born and has been registered with the relevant authorities.
Collecting these documents does not present any difficulty, since the young mother already has all the papers in her hands. The papers must be handed over to the head physician of the hospital, who will complete the paperwork.
Who can do it
A new certificate of incapacity for work with an extended period of leave is issued by the chief physician of the medical institution in which the woman gave birth. The document is drawn up on hospital letterhead, and the chief physician signs it. Another mandatory requirement is wet printing. The paper must indicate on what basis it is issued and for how many days the vacation is extended.
The question arises on what the extension period depends on, whether it will be maximum or, on the contrary, minimum. For how long the decision to extend the vacation will be made depends on how the birth went. In any case, the doctor is guided by the provisions of Article 255 of the Russian Labor Code, and he can increase the leave by 16 or 40 days, depending on the situation of the particular patient.
If a woman has had a difficult birth and the doctor at the hospital refuses to extend her sick leave, she has the right to file a lawsuit.
To do this you need to perform a number of actions:
- Ask the doctor to give his refusal to issue additional sick leave in writing.
- Submit the resulting document to the court along with statement of claim and a receipt for payment of state duty.
- It is necessary to conduct an independent study of your body, which will prove that a difficult birth was suffered, and the woman has the right to.
The court will decide in favor of the applicant if it considers sufficient evidence of her case.
Statement from an employee
An employee will have the right to extend sick leave if she prepares a corresponding application addressed to the head of her organization. Such a document is written in an arbitrary form. Only this can serve as a basis for the employer to increase the amount of standard maternity leave and add 16 or 40 days to it, respectively.
A medical document must be attached to the application, which serves as confirmation that the woman has experienced complications and has the right by law to increase leave.
The application must contain certain items, among them:
- the date when the additional leave should begin, as well as the date it ends;
- what serves as the basis for the extension (it is necessary to indicate the full details of the certificate of incapacity for work);
- full name of the applicant (last name, first name, patronymic) and position;
- date and signature of the employee.
The head of the organization must put his signature on the application, after which it is transferred to the personnel department for the preparation of the appropriate order for additional leave.
Only after all documents are ready can an additional payment be made to the compensation that has already been paid for the added days. An order that concerns this issue, must be generated in two copies. This is due to the fact that one must be transferred to the Social Security Fund. The second remains with the employing organization.
Payment
Payment for an additional certificate of ability to work is made by the employer if the employee is still on the staff of his organization. However, there are situations when a woman quit of her own free will while still pregnant, or the dismissal occurred due to the liquidation of the structure. In this case, the social security service must pay additional maternity benefits.
Citizens of the Russian Federation caring for young children have the opportunity to obtain an extension of maternity leave in some situations specified by law.
Leave periods for the birth of children
Legislatively in the Russian Federation, exemption from work (leave) for caring for newborn children is established within 3 years, despite the fact that in the second 1.5 years the parent is paid a reduced amount of funds only in the form of compensation (Decree of the President of Russia No. 1110, 05/30/1994).
The period of release from employment is divided into parts:
- prenatal (based on a medical document on temporary disability issued to a woman during pregnancy and in connection with childbirth);
- postpartum (including time for caring for a newborn after birth until he reaches 1.5 years of age and after the specified age until he turns 3 years old).
A woman who has given birth retains her job for the entire time she is on official leave.
A woman who has given birth to 2 children has the right to remain on maternity leave until the children are 3 years old, while maintaining her job and seniority(Federal Law No. 173, December 17, 2001).
Important! Official employment before the birth of the baby allows, taking into account the situation, the extension of maternity leave for almost every woman who has given birth. Download for viewing and printing:
Increase in prenatal leave
You can extend non-working time due to pregnancy (if the period is earlier than 30 weeks defined for general cases) by writing a statement to the employer.
Legislatively accepted situations for starting a vacation earlier than the generally accepted period of pregnancy imply:
- Multiple pregnancy, which is grounds for termination of work 14 days earlier (from the 28th week of pregnancy, confirmed by a medical certificate).
- Poor health of the employee, confirmed by a medical document and requiring the need to obtain a paid document on temporary disability.
- Using annual leave (paid) before going on maternity leave.
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 begins (1.5 years), 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 value of which can be increased for a number of categories of recipients (poor, 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 apply for 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 for caring 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 to calculate the length of service, not 1.5 years.
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Documents when applying for maternity leave
Before going on leave for pregnancy and subsequent childbirth, an employee must provide the employer with an application for leave and a medical certificate about pregnancy.
After the birth of the baby, the following should be submitted to the human resources department at the place of work:
- a separate application for exemption from work until the newborn reaches 1.5 years of age (with a copy of his birth certificate attached);
- an application for caring for a minor family member after 1.5 years until the age of 3 years (if the specified period is used), indicating the clause on the intention to receive budget compensation;
- application for vacation at your own expense (if you plan to use the last 1.5 year interval available to a number of categories of parents) with the obligatory indication of a valid reason.
There is no separate application to receive a one-time benefit in connection with the birth of a child. Payment of funds is made on the basis of a document for release from work received from the pregnant employee.
Advice! If it is planned to use the entire period available for vacation (3 years), then, at the request of the applicant, the total amount of due payments can be divided not into 18 months (1.5 years), but into 36 months (3 years).
In some cases, an employer may object to extending childcare hours beyond the age of 3. In this case, the employee must provide at the place of work a decision of a medical commission or another official document (medical) confirming the need to continue home care for a minor family member.
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