Officially employed people can count on financial support from the state, which is provided through the payment of maternity benefits for the period of appropriate leave.

The only official document that serves as the basis for calculating this type of benefit and providing other social benefits to the expectant mother is.

Expectant mothers who are temporarily unemployed due to education or registered as unemployed with the labor and employment service can also apply for benefits, but with certain conditions.

Sick leave for pregnancy and childbirth is filled out according to established rules

A sick leave for pregnancy and childbirth entitles the expectant mother to receive social benefits and guarantees guaranteed by the Labor Code of the Russian Federation:

1. 140-day. Complications during childbirth give the right to extend sick leave, and the total duration of leave is 156 days.
2. An expectant mother expecting two or more babies is guaranteed a vacation duration of 194 days.
3. Regular annual leave at the request of the pregnant woman. It does not depend on the woman’s work experience and position and is also fully paid.
4. The possibility of reducing the length of the working day or the length of the working week at the request of the pregnant woman and with the consent of the employer. The need for this type of benefit is noted on the sick leave by the antenatal clinic employee.

Features of registration and issuance of sick leave for pregnancy and childbirth

Sick leave for pregnancy and childbirth, like other types of sick leave, is a document certifying the temporary release from work of a pregnant woman and is issued by the medical staff of a medical institution on a standard form of a certificate of incapacity for work.

The form is in A 4 format, has a series and registration number and is protected with watermarks. The sick leave certificate is certified by the signature and seal of the attending physician with the stamp of the antenatal clinic.

The sick note must contain only reliable information. Information about the place of work and position is filled out by the pregnant woman personally. Filling out sick leave is done in block letters in black ink or using printing devices. If errors occur when a health worker fills out a sick leave form, such a sheet must be destroyed and a new one will be issued in its place.

Corrections to the form are allowed only in the “To be completed by the employer” section. In this case, the incorrect entry is carefully crossed out, written down correctly on the reverse side, certified by the inscription “believe corrected”, the seal of the employing company and signed by its official.

An expectant mother can receive maternity leave at 30 weeks of pregnancy, if the expectant mother is pregnant with two or more children - at 28 weeks. Sick leave is issued at a time for 140 days. A multiple pregnancy will result in 194 days of sick leave. If complications arise during childbirth, the medical organization where they occurred issues an additional sick leave of 16 days.

If the expectant mother was employed by more than one employer, she has the right to receive payments at each of the enterprises. The type of employment does not play a role in this case. In this case, the antenatal clinic employee issues the pregnant woman several sick leave certificates for each employer.

How is maternity benefit paid?

Sick leave for pregnancy and childbirth is required to obtain benefits and benefits

The employing company has 10 calendar days to assign maternity benefits. They begin to count from the day the woman provides all the required documents.

• women not employed by any employer, i.e. housewives;
• located in the RF Armed Forces;
• dismissed due to bankruptcy proceedings, liquidation of the employer or due to staff reduction;
• lawyers and notaries, private entrepreneurs,
• temporarily unemployed who are registered in;
• receiving full-time education.

For officially unemployed pregnant women, receiving maternity benefits is not possible. In some regions, for example in Moscow, one-time benefits have been established for pregnant non-working women who are registered with antenatal clinics early before 30 weeks.

To receive other benefits and benefits, a woman is issued a sick leave certificate, which she submits to the employment service where she is registered. The rights of pregnant women are protected by law and, if they are violated, a woman can count on restoration of justice thanks to the work of law enforcement agencies. Thus, an employer cannot fire a pregnant woman.

If this happens, she can contact the prosecutor's office or the labor commission, setting out her complaints in writing. If the dismissal occurred with an organization that is being liquidated or in the process of bankruptcy, the expectant mother can contact the social security authority in order to receive all the payments due to her.

Sick leave for pregnancy and childbirth is issued in the housing complex

The same mechanism is valid for women working for a notary or lawyer whose license has expired, and for women employed by a private entrepreneur who has decided to cease his activities.

How to receive maternity benefits? A thematic video consultation will tell you:

Minimum maternity payments in accordance with current legislation are provided only to working women. The exception is those who were fired when the company was liquidated. Maternity benefits are not provided to non-working mothers (except for those recognized as unemployed after dismissal during the closure of the company).

As a rule, unemployed mothers are provided with a child benefit only after the baby is born (in the form of a lump sum payment at birth and for care for up to two years, which unemployed people receive through the social protection authorities of citizens). Similar features of maternity leave will be discussed further.

How many days does maternity leave last?

Currently, the legislation of the Russian Federation does not define this type of leave as maternity leave. The type of leave is named exactly as such according to the document “Decree on the payment of maternity benefits”, in accordance with which payments of the specified material support began.

This stage is correctly called maternity leave. Its duration is fixed in the Labor Code of the Russian Federation. How many days does maternity leave last? In accordance with this document, during pregnancy and childbirth, the number of vacation days must be at least 140. At the same time, the duration before and after the birth of a child can be modified either up or down while maintaining the full number of days.

The time of maternity leave will be considered the date of issue of maternity sick leave in the medical department. It is on the basis of this document that financial assistance will be paid.

In what cases is maternity leave increased?

How many days is maternity leave in case of multiple pregnancy or complications? Based on the Labor Code of the Russian Federation, it can be argued that the maternity leave can be increased in the following cases:

1. If pregnancy and/or childbirth occurs with complications (for example, a woman is in confinement while carrying a child or a planned caesarean section is prescribed for medical reasons), then the leave will be about 160 days.
2. If an ultrasound revealed that the mother is expecting two or more children, the leave will last 195 days.
3. If a mother has adopted two or more children under the age of four months, the leave will be 200 maternity days.

The expectant mother can be granted maternity leave from the 30th week. At 29 weeks they go on maternity leave in case of multiple pregnancy. But the exact date for issuing maternity leave depends on several reasons: the expected date of birth according to the first ultrasound (10 weeks), the next ultrasound, which is carried out at the 20th week, and the duration of pregnancy according to menstruation are taken into account. It often happens that all indicators fall on different dates, in which case the average value is displayed.

Official maternity benefits

What benefits can pregnant women receive? Maternity benefits for pregnancy and childbirth are provided to women who are subject to compulsory health insurance. Thus, the following categories are entitled to receive official benefits:

1. Working mothers. The amount of maternity benefits will be equal to one hundred percent of the average salary. Financial support will be paid at the place of work.
2. Serving in the Supreme Court of the Russian Federation under a contract. Payments will be made at the place of service and will be equal to the amount of monetary incentives.

If we talk about maternity payments to non-working mothers, then we are talking about a certain circle of non-working people, namely:

1. Full-time university students. Payments will be made in the amount of the established academic scholarship at the university.
2. Persons who have lost their jobs as a result of company liquidation. The established payment amount is 615 rubles.
3. Entrepreneurs (IP) who paid insurance payments. To apply for benefits, you need to contact the territorial Public Insurance Fund (FSS). The amount to be paid will be 35,000 rubles.

This kind of payment is due not only for newborn babies, but also for adopted children under the age of four months.

Who is entitled to maternity benefits?

In order to receive benefits, the expectant mother must meet the following criteria:

1. Be officially employed and subject to compulsory insurance. If she was laid off and declared unemployed after the elimination of a company or organization, then for 12 months she has the right to receive payments if she is registered with the employment center.
2. Study as a full-time full-time student at one of the universities or colleges.
3. Be in contract military service or work in law enforcement agencies.
4. Being part of an army formation of the Russian Federation on the territory of a foreign state, and the right to maternity payments in this case, does not contradict international treaties.
5. Be an individual entrepreneur (individual entrepreneur). In this case, the agreement on the role in VSS (voluntary social insurance) for individual entrepreneurs in the FSS (public insurance fund) must not be violated. Insurance payments must be made for at least the last 5 months.

Maternity benefits at the minimum wage are still higher than payments to stay-at-home mothers, so it’s better to try to get a job early.

Amount of lump sum maternity benefit

Maternity sick leave lasts 140 days: seventy calendar days before childbirth, and seventy after childbirth, 160 days after childbirth with complications and 195 days in the case of the birth of two or more children. In this case, payments should be made depending on the duration of maternity leave.

What is the minimum maternity payment? Regarding the amount of minimum maternity leave, the amount cannot be lower than the established minimum salary, which currently amounts to 7,600 rubles.

In accordance with the current legislation of the Russian Federation, the amount of payments varies from minimum benefits (35,000 rubles) to maximum maternity benefits (39,000 for complications of pregnancy and childbirth).

How is maternity sick leave calculated? The amount of minimum maternity benefits is 100% of average income, and the process of paying this type of financial assistance has no connection with working qualifications.

Calculation of average earnings

In accordance with national law, average income is calculated based on material benefits acquired over the past several years. Only those working days when salaries were accrued in full will be taken into account; accordingly, vacation pay, sick leave and other types of leave will not be included in the calculation.

In this case, time with similar “encumbrances” according to the application can be replaced by previous calendar years to increase the volume of payments. Accordingly, even the minimum amount of maternity leave will be higher. If a woman officially works in several organizations, maternity payments must be assigned and implemented in all companies where she is registered.

The minimum amount of maternity payments will be higher if an unemployed woman gets any (even low-paid) job early on.

How can you calculate the amount of maternity benefits?

You should use the special formula for the maternity calculation calculator:

1. The amount of the daily benefit must be multiplied by the number of days of maternity sick leave (minimum 140 days, 160 for childbirth with complications, 195 for multiple pregnancies).
2. To calculate the average earnings per day, you need to sum up the entire salary for several past years and divide by the number of days in these years, and when calculating this amount, you must exclude payments and sick leave.

The maternity pay calculator does not always give the correct results, so it is better to contact your organization’s accountant to find out how much will be accrued.

When can I receive these payments?

The expectant mother should contact the medical institution at her place of residence at the 28-29th week of pregnancy to apply for maternity sick leave. The received certificate will need to be presented to the employer. There are situations when the document is issued several calendar months after the layoff, then subsidies are paid according to the last workplace. The maximum period for obtaining benefits is no more than six months after the end of the vacation.

Application for leave

A working expectant mother must write an application for maternity leave and payment of benefits to the accounting department and human resources department of the organization in which she is employed. As already mentioned, at the 30th week you need to go to the antenatal clinic and get a certificate. The certificate should be submitted to the accounting department. Then you need to write a paper addressed to the director. The application form is presented below. Maternity benefits must be transferred within ten days after the application.

Many expectant mothers, due to health reasons, can no longer fulfill their responsibilities in full even before the vacation, i.e., until the 30th week. In this case, you can take regular paid sick leave for four weeks or take a vacation at your own expense.

What documents are needed to receive payments?

To apply for the appropriate leave, you will need to collect the following package of papers:

• a certificate obtained from the nearest medical institution;
• completed application for benefits;
• if there have been several official places of work recently, and maternity leave is paid according to the last one, a certificate is required stating that the accrual of funds was not carried out elsewhere;
• upon dismissal due to the liquidation of the company, maternity benefits are accrued by the public welfare department, provided that the woman is registered with the employment service and has a certificate to this effect;
• if it is impossible for the employer to pay benefits to the employee, they will be carried out by an insurance organization, the name of which can be found on the compulsory medical insurance policy.

So, applying for benefits is quite simple, but there are some legislative nuances.

Preparing for childbirth and caring for a newborn child require a lot of time and effort, and therefore are not compatible with continuing to work. Current legislation provides for a social guarantee for expectant mothers - the right to sick leave during pregnancy. The cash benefit is calculated by the employing company and paid to the woman “in a position.” Attempts to underestimate the amount or refuse to issue it are fraught with litigation and the imposition of penalties by regulatory authorities.

Sick leave for pregnancy and childbirth is issued to the following categories of women:

• working in the private sector, in the public service under an employment contract;
• full-time students at universities;
• unemployed women registered with the employment service (if they were fired due to the closure of the company during the previous 12 months);
• self-employed women (for example, lawyers, notaries, etc.);
• individual entrepreneurs transferring contributions to the Social Insurance Fund.

For expectant mothers who do not work and are not registered with the employment center, payment of benefits is not provided.

Important! Employment under a civil contract does not give the right to receive benefits under the BiR.

Registration of sick leave for pregnancy and childbirth depends on the status of the pregnant woman. The following options are possible:

• If a woman is employed, she brings to the accounting or personnel department of the employer company a certificate issued by a gynecologist and a free-form application for maternity leave.
• If the expectant mother is in military service, she is sent with a certificate in hand to the personnel service of the military unit.
• If a pregnant woman is studying at a university, documents confirming her pregnancy are sent to the dean’s office. She receives an additional right to academic leave of one year.
• If a woman does not work, she brings a certificate to the employment service. Based on the document, she is awarded an allowance and is freed from the need to regularly visit an inspector and undergo interviews for suitable vacancies.

Calculation of sick leave for pregnancy for employed women is possible subject to one fundamental condition: they should not work during maternity leave. If during the BIR leave an employee visits the office and receives a salary, the benefit is calculated minus the specified days. It is not allowed to perform one's functions from home or to work part-time.

How long is sick leave for pregnancy and childbirth?

If the gynecologist determines that a woman is in an “interesting situation,” she is legally entitled to 140 days of sick leave for pregnancy and childbirth. The specified rest period is divided into two time intervals of 70 days:

• one before birth;
• the second one immediately after them.

Changing the duration of leave under the BiR is possible in the following situations:

• stillbirth – leave is reduced to 86 calendar days;
• multiple pregnancy - leave increases to 194 days;
• complicated childbirth - for a young mother, 16 days are added to the “standard” 140 days.

Extended prenatal leave (90 days) is provided for mothers living in regions with unfavorable environmental conditions, for example, in the Chernobyl zone.

Important! If multiple births and complications that serve as a basis for increasing maternity leave are identified after the woman goes on vacation, she is required to write a second statement for the employing company. It tells you how many days of sick leave for childbirth are due in addition to the already specified time interval.

Is it possible to go on maternity leave later so that you can be on vacation longer after the birth of your child? The law does not leave pregnant women such an opportunity. An employee has the right to work in the company until the last day before giving birth, but unused vacation dates according to B&R simply “burn out,” and along with them the benefits due for these days are lost.

A woman has the right to combine unused vacation and sick leave for pregnancy and childbirth. She takes the days due to her by law before going on maternity leave, thereby extending her rest time and receiving additional payments from her employer.

Features of a certificate of incapacity for work according to BiR

A pregnant woman receives a certificate of incapacity for work at the hospital, clinic, or other medical organization where her pregnancy is being managed. It does not matter whether the healthcare institution is public or private, the main thing is that it operates on the basis of a license.

A special case is sick leave during early pregnancy. It is issued on the following grounds:

• toxicosis;
• risk of miscarriage;
• uterine tone;
• surges in blood pressure, etc.

A certificate of early incapacity for work is issued for the duration of the necessary treatment. The procedure for paying it is similar to that used for “standard” sick leave for other employees.

Calculating sick leave for pregnancy and childbirth allows you to determine the amount that the employer will pay from its own funds, but then receive as compensation from the Social Insurance Fund. To ensure that the Fund does not refuse to return funds, the company needs to carefully check the certificate of incapacity for work for errors and inaccuracies.

For example, it is imperative to request a new sick leave if the previous version incorrectly indicated the employee’s full name, maternity leave period, and employer’s name.

How to calculate sick leave for pregnancy and childbirth

The current rules for carrying out calculations are set out in Decree of the Government of the Russian Federation No. 375, adopted in 2007. In particular, it spells out three key points:

• To calculate benefits, the average earnings of the employee are determined.
• The period for which calculations are made is equal to the previous two years. For example, for an expectant mother who goes on maternity leave in April 2018, calculations will be carried out for the period from 01/01/16 to 12/31/17.
• If the previous two-year period is marked by the woman’s stay on another maternity leave, the time interval for calculating sick leave for pregnancy and childbirth in 2018 can be replaced at the request of the employee for any other years of her work. The only condition is that the benefit from such a “castling” should increase, not decrease.

To determine the amount of payment due, the accountant must follow the following algorithm:

1. Determine the amount of payments received by the employee for two years

The amounts from which FSS contributions were calculated are taken into account: wages, bonuses, allowances, etc. There is no need to sum up financial assistance, benefits for certificates of incapacity for work, according to the BiR.

2. Find the number of days worked during the period

How is sick leave calculated for pregnancy and childbirth? In the second step, the accountant determines the number of days worked. If the woman worked the entire period, the value will be 730, 731 or 732.

Another situation is if there have been periods of absence from service. The period is reduced by the number of days when the employee was on sick leave, on labor and employment leave, to care for a young child, or for other reasons received only income not subject to insurance contributions.

3. Determination of average earnings and amount to be paid

How is sick leave calculated for pregnancy? The accountant starts from average earnings, calculated using the formula:

SZ = D/P, where:

• D – total income for a two-year period, found in the first step;
• P – period of work in the number of days determined in the second step.

When the SZ is known, the accountant can only multiply the number of days indicated on the certificate of incapacity for work by the required number.

How to calculate sick leave for pregnancy and childbirth based on the minimum wage?

Calculation based on the minimum wage is used in the following situations:

• the expectant mother's earnings for two years of work in terms of a month, provided full working time, turned out to be below the minimum wage;
• the woman had no labor income in the billing period;
• a lady goes on maternity leave without working for six months.

According to the provisions of Government Resolution No. 375, sick leave for pregnancy and childbirth is calculated based on the minimum wage in force on the first day of leave under the BiR. To determine the average daily earnings, the formula is used:

SZ = minimum wage*24 / P, where

P – number of days in the period. It can be equal to 730, 731 or 732 (if leap years are included in the calculation).

When the SZ is determined, the accountant acts according to the standard scheme: he looks at the number of days of rest indicated on the certificate of incapacity for work, and multiplies it by the found value. This results in the amount to be given to the employee “in hand”.

Procedure for paying sick leave benefits

According to the standards set out in 255-FZ, the employer company, which has received sick leave from an employee for maternity leave, is obliged to accrue the due benefits within 10 days and give it to the employee along with the next salary.

Example

The manager of the StroyTorg company brought a certificate of incapacity for work according to the BiR on April 7, 2018. In the organization, staff salaries are paid in installments: on the 5th and 20th of each month. How should an accountant act?

The legislation obliges him to calculate sick leave for pregnancy and childbirth and make accruals in the accounting program within 10 days, i.e. no later than 17.04. The due amount can be issued along with the next salary transfer, i.e. 20.04. Ignoring this rule will lead to problems with regulatory authorities and the imposition of fines.

The current legislation does not stipulate exactly how to pay for a pregnant employee. The amount due to her can be transferred to a card or given “in hand” from the cash register.

According to Art. 422 of the Tax Code of the Russian Federation, sick leave benefits for pregnancy are not subject to personal income tax. Insurance premiums are not charged or paid from it.

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After 6 months of pregnancy, it is difficult for a woman to perform her usual work. So that she can safely carry the baby and prepare for childbirth, she is given a sick leave certificate for pregnancy and childbirth. Its duration is determined by law, but may vary under certain circumstances.

Who is entitled to a certificate of incapacity for work?

Maternity leave is an outdated name that is used only in everyday life, but it is sometimes called maternity leave. It is believed that after 30 weeks it is difficult for a woman to work. At this time, they may occur, especially in risk groups.

Registration of sick leave for pregnancy and childbirth is required:

• all working women;
• military personnel;
• women who adopted children under 3 months of age.

If a pregnant woman officially works in several places, then she has the right to issue a certificate of incapacity for work for each employer separately.

Pregnant students who are studying full-time in vocational schools, receiving secondary technical or higher education, or undergoing postgraduate training can go on academic leave after 30 weeks, but they are not entitled to sick pay for maternity leave. At the same time, they are accrued other benefits:

• for timely attendance at consultation up to 12 weeks;
• one-time payment for the birth of a child;
• maternity benefits;
• monthly allowance for a child up to 1.5 years old.

The father of the child cannot take maternity leave for himself instead of the student mother. But he can take leave to look after the child after his birth.

Some mothers do not want to change their usual schedule and stay at home until they leave for the maternity hospital. They can continue to work, the issuance of sick leave will be postponed to a later date, but the doctor will still count the necessary days from the 30th week. Therefore, there is no point in giving up your legal rest period.

Unemployed women who are registered with the employment service have the right to receive sick leave and benefits. It will be awarded to those who lost their jobs due to the collapse of the enterprise no more than a year ago.

Registration period

When sick leave is given for pregnancy and childbirth depends on the general condition and characteristics of living and working. According to the Labor Code of the Russian Federation, two periods are defined, which may change:

• a pregnant woman has 70 days before giving birth;
• in the postpartum period they give 70 days.

Most often, the expectant mother goes on vacation from the 30th week of gestation. Until this time, the antenatal clinic doctor issues referrals for tests. Mandatory are:

• general blood and urine analysis;
• coagulogram;
• biochemical analysis;
• blood glucose;

For pregnant women with concomitant diseases, this list may be expanded.

Before calculating sick leave for pregnancy and childbirth, the gynecologist will recalculate the gestational age based on the day of the last menstruation and compare it with the results of the first screening ultrasound. Most often these dates coincide. But for some pregnant women with abnormal cycles who don't know the length of the cycle or don't remember the day their period started, there may be discrepancies. Then the calculation of sick leave occurs jointly with the head of the antenatal clinic. For those who do not remember the date of the start of their last menstruation, the gestational age will be calculated based on the results. The second ultrasound examination is not taken as a starting point, because it is less informative for determining the week of gestation.

Sometimes a woman does not have time to go on sick leave, and premature birth begins. For such pregnant women, a certificate of incapacity for work is issued for 156 days from the date of birth. The increase in duration is due to the fact that premature birth is a complication. For women who adopted a child under 3 months of age, the sick leave period includes only the postpartum period of 70 days.

A certificate of incapacity for work is drawn up by a gynecologist who is seeing a pregnant woman. But in some small cities or towns there may not be a specialist. Then the function is transferred to the general practitioner, and if he is not there, to the paramedic.

A certificate of incapacity for work is issued immediately for the entire period; it is issued on one form and is not split into several parts.

Why does the duration change?

According to the labor code, a woman is given 70 days before giving birth and the same period after, for a total of 140 days. Its duration may vary for several reasons:

• for those who live or work in areas contaminated with radionuclides, the prenatal period is increased to 90 days, they go on leave from 27 weeks;
• when pregnant with twins or triplets, there are 84 days before birth and 110 days after them, for a total of 194 days;
• in case of premature birth, a certificate of incapacity for work is issued for 156 days;
• in case of a normal pregnancy, but childbirth with complications - additional sick leave for complex childbirth for 16 days, which in total will give 86 days of the postpartum period and 156 days of sick leave.

Expectant mothers who follow the doctor’s recommendations and undergo timely examinations know after the first ultrasound how many children they are carrying. In rare cases, pregnancy is discovered during delivery. Then an additional sick leave of 54 days is given. The postpartum period is 124 days, and the total duration is 194 days.

Most often, sick leave is extended during complicated childbirth. What applies to them is indicated in the Instruction of the Ministry of Health of the Russian Federation dated April 23, 1997 No. 01-97:

• multiple pregnancies, but for them the period increases by 54 days;
• before childbirth or at the time of birth of the fetus, the woman in labor had nephropathy, or;
• massive bleeding, which led to the development of grade 2 anemia (hemoglobin less than 90 g/l);
• during labor there was a third degree rupture of the cervix or perineum, diastasis of the symphysis pubis;
• C-section;
• intrauterine reversal of the fetus;
• or use of obstetric forceps;
• manual separation of the placenta;
• due to signs of subinvolution or bleeding in the postpartum period, a manual examination of the uterine cavity was performed;
• fruit-destroying operations.

The number of sick days will be increased to 156 women who became pregnant using IVF.

The immaturity of the fetus will also be a reason to stay at home longer, regardless of the date of birth. This condition occurs if the expectant mother has a discrepancy in gestational age according to ultrasound results and the day of her last menstruation. An immature fetus can be born with insufficiency of the feto-placental complex and signs of intrauterine growth retardation. The maturity of a child is assessed by skin color, striations of the feet, position of the ears, size of the nipple areola and the condition of the genitals.

Postpartum complications are a reason to increase the duration of the certificate of incapacity. These conditions include various inflammatory processes:

• thrombophlebitis;
• parametritis;
• peritonitis;
• sepsis;
• purulent mastitis.

In what cases does the mother’s illness prolong the certificate of incapacity for work?

The reason for extending sick leave to 156 days is heart and vascular disease. Any congenital defect or damage to several valves, regardless of the degree of blood flow disturbance, is considered a serious condition.

Rheumatism and valve damage associated with this disease, an increase in the activity of the inflammatory process during pregnancy have a bad effect on its course. Extension of the certificate of incapacity for work is necessary for pulmonary hypertension, circulatory failure, arrhythmia, cardiomegaly, arterial hypertension in stage IIa-III, cardiomyopathy.

A history of heart surgery, thromboembolism suffered previously or developed during pregnancy are grounds for prescribing 156 days of leave.

The Instructions of the Ministry of Health of the Russian Federation list many other diseases of internal organs in a pregnant woman, for which it is necessary to increase the duration of leave. These include:

• severe kidney pathologies that lead to hypertension, amyloidosis, polycystic disease, acute and chronic renal failure;
• pulmonary hypertension;
• blood diseases - hemolytic and hypoplastic anemia, leukemia;
• lymphogranulomatosis;
• Wergolf's disease;
• damage to the endocrine system - thyrotoxicosis, diffuse goiter, diabetes of any type, hypothyroidism;
• systemic lupus erythematosus, myasthenia gravis, scleroderma.

How many days sick leave lasts after childbirth will be affected by tuberculosis in the mother, regardless of the form of the disease. and her stage of AIDS, viral hepatitis suffered during pregnancy - indications for extending the certificate of incapacity for work. Even with parenchymal hepatitis, which has led to impaired liver function, 156 days of vacation are required.

The number of diseases of the expectant mother, due to which sick leave may be extended, can be expanded. But the decision on this will be made by a special commission, which will include the attending physician, the head of the department or chief physician and a specialist whose profile the disease relates to.

Payment and how long to wait

After a certificate of incapacity for work is issued at the antenatal clinic, the pregnant woman must take it to work and submit it to the accounting department. According to the law, she needs to write an application addressed to the manager for payment of all benefits necessary during this period.

All days stipulated by the document are subject to payment. Its size depends on how long the woman worked before going on vacation. If she worked for more than 6 months, then the certificate of incapacity for work is paid according to the average earnings per day for the last 2 years. For those who have less than 6 months of insurance experience, the accounting department will calculate benefits according to the minimum wage.

The duration of sick pay should be minimal; it is calculated several days in advance and transferred on the day when all employees are paid.

Who pays for sick leave, Social Insurance Fund or employer?

If a woman works officially, then monthly deductions from her salary go to the Social Insurance Fund. Therefore, by the time she goes on maternity leave, after submitting sick leave and a written application, the employer transfers her the required money, and the Social Insurance Fund returns it to the enterprise. Payments occur according to the type of offset.

Is sick leave for pregnancy and childbirth subject to personal income tax?

No. If the document was correctly executed, and when extending for a longer period, the accountant made all the changes correctly, then no additional taxes will be deducted from it.

Since 2017, Russia began issuing electronic sick leave. This is a document that does not have to be carried in paper form to the accounting department. It will be sent directly by email to the employer. The woman only needs to tell him the number of the sheet over the phone. Then the data will be quickly transferred to the FSS. This eliminates unnecessary hassle for the young mother and reduces the risk of losing or forgetting to submit the document. This form of work is convenient for doctors and patients, but for now the electronic version is issued at the request of the woman.

When the sick leave ends, the young mother must go to work. But according to the law, she can be on maternity leave for up to 3 years. A woman must come to her place of work and write an application for maternity leave, during which she will receive a special allowance. If a young mother does not want to stay at home herself, the child’s father has the right to do so instead.

An important document for the expectant mother is sick leave for pregnancy and childbirth. This type of sick leave is considered the only basis for receiving social benefits and guaranteed payment of benefits to working women.

Students or pregnant women registered with the employment service can also count on social benefits.

What does sick leave provide for pregnancy and childbirth?

The relevant articles of the Labor Code of Russia ensure the rights of pregnant women. In this case, the presence of a sick leave certificate for a woman in labor is simply necessary, given that it is the main document for:

• Registration of paid maternity leave. The duration of the leave period is 140 days, in case of possible complications it is extended to 156 days, and multiple pregnancy is the reason for 194 days leave.
• The next annual leave at the request of the pregnant woman is Article 260 of the Labor Code of the Russian Federation. This type of leave is also paid and does not depend on the length of service of the pregnant woman and the position held in the organization.
• Consent by the employer to a request to reduce the working day or working week on an individual basis. To positively resolve this issue, an appropriate medical recommendation is required, indicated in the sick leave for pregnancy and childbirth.

Therefore, we can safely determine that a certificate of incapacity for work (that is, sick leave for pregnancy and childbirth) is considered the main document that guarantees the registration and payment of the required amount of benefits.

Who and how issues sick leave for pregnancy and childbirth?

Sick leave for pregnancy and childbirth is issued on a standard form of a certificate of incapacity for work (A4 format). This form of form contains a series and watermarks, and is also certified by the signature and seal of the doctor. In addition, the stamp of the antenatal clinic and the assigned registration number must be affixed there.

The document must contain reliable information; the woman in labor herself fills out the fields about her place of work and position held in the organization. It is highly undesirable to correct errors. Otherwise, after the correction, the doctor is obliged to write “believe the corrected” and put his signature next to it.

Sick leave for pregnancy and childbirth is usually issued at 30 weeks, and in the case of multiple pregnancy - at 28 weeks. The timing should be approximately set at the antenatal clinic. It is officially believed that the duration of sick leave is set for a period of 70 days before childbirth, and for the same amount after it. However, in practical terms, the second 70 days begin to count from the day of birth. Moreover, in case of complications of childbirth, the period is extended by another 16 days.

In case of adoption of a child, sick leave for pregnancy and childbirth is also issued. The document is drawn up in a stationary institution at the immediate place of birth of the adopted child for a period of 70 days from the date of his birth. Sick leave is the basis for leave at the place of work, service or study of the expectant mother.

If a pregnant woman does not want to go on vacation at 30 weeks, the expectant mother may refuse to take it. However, the antenatal clinic specialist leading the pregnancy must issue it if requested again.

An employer does not have the right to refuse leave to a woman in labor. If a woman who has given birth expresses a desire to go to work earlier than 70 days after giving birth, she needs to write a statement regarding the voluntary interruption of maternity leave.

In the case when the expectant mother works for several employers (and it does not matter whether it is full-time or part-time), she is given the opportunity to receive the necessary maternity benefits from each employer. Then the doctor needs to fill out several sick leave forms. One of them defines the place of work as “main”, and all the rest are indicated as “part-time”. In this case, all sick leave will be under the same number and series.

How is sick leave paid for pregnancy and childbirth?

There are a number of certain nuances when processing payments for mothers in labor, which are:

• Are housewives (officially unemployed women)
• Dismissed due to liquidation (bankruptcy) of the enterprise, or dismissed due to layoffs
• They are temporarily unemployed and are registered with an employment center
• Study full-time (in educational institutions of primary vocational, secondary vocational and higher vocational education, in institutions of postgraduate vocational education (clause “c”, article 9 of the order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 N 1012n)
• Are individual entrepreneurs, lawyers or notaries with private practice
• Are in military service in the RF Armed Forces

For non-working housewives, social benefits are not provided for sick leave, that is, they will not receive maternity benefits. Expectant mothers with unemployed status can receive a regional one-time benefit for women registered in the early stages of pregnancy up to 30 weeks; such benefits are provided to unemployed pregnant women, for example, in Moscow (Letter of the Moscow Department of Health dated November 8, 2006 N 33-18-3165 ). Then, in order to receive benefits and payments, the woman must provide sick leave for pregnancy to the employment service.

An employer officially does not have the right to fire a pregnant woman. If such an incident occurred, the expectant mother must contact the prosecutor's office or labor commission with a written complaint. If the dismissal or reduction was made during the period of bankruptcy or liquidation of the organization, termination of the activities of a private entrepreneur, expiration of the license of a notary, lawyer, then the woman in labor can contact the social protection authorities (RUSSN - district departments of social protection of the population) and count on the benefits due for pregnancy and childbirth.

If the expectant mother is a private entrepreneur, sick leave benefits are paid based on the insurance contributions she has made. The total amount of payments is the size and duration of insurance contributions. In this case, the amount cannot exceed the limits for a specific region established by Federal Law No. 202-FZ.

Women who are students or military personnel need to apply to the accounting department at their place of service or study. In such cases, payments are made not by the Fund, but from budget funds. The benefit issued in this case will be paid in the amount of the average monthly salary (stipend) for the last two-year period. Payment of benefits is made for the entire period of sick leave, 10 days after submitting the application and sick leave.

Regular, established visits to the antenatal clinic and registration of sick leave on time provide the woman in labor with the maximum possible payments and benefits for pregnancy and childbirth. Moreover, registration in the early stages of pregnancy will allow you to reduce the workload during the working period, take full leave, and receive all the due types of appropriate financial assistance.

At the moment, all aspects of registration of sick leave for pregnancy and childbirth, terms, amounts of payments and benefits are regulated by the following documents:

1. Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ;
2. Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n “On approval of the Procedure for issuing certificates of incapacity for work”;
3. Order of the Ministry of Health and Social Development of the Russian Federation dated April 26, 2011 N 347n “On approval of the form of a certificate of incapacity for work”;
4. Decree of the Government of the Russian Federation of June 15, 2007 N 375 “On approval of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits for citizens subject to compulsory social insurance in case of temporary disability and in connection with maternity”;
5. Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”