Sick leave after childbirth: how many days and how is it paid?

Pregnancy is a wonderful time for every woman.

That is why, shortly before giving birth, the expectant mother goes on maternity leave in order to prepare herself for a new role in life.

Not every birth is natural. Caesarean section has recently also become popular as a type of delivery.

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If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 577-03-76. It's fast and free!

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But how exactly this method of childbearing affects vacations and maternity benefits - we learn from the text of the article.

general information

• What type of surgical intervention occurs during childbirth?
• Caesarean section has been known to mankind since ancient times..
• In the Middle Ages, when a woman’s contractions dragged on, and a lot of time had passed since her water broke, doctors and relatives made a decision - to save the child or the mother.
• A corresponding incision was made in the woman's womb.

Already in later times, when the first information about anesthesia appeared, caesarean section became the prerogative of rich people . This method of delivery was called “royal”, since the woman in labor did not suffer during labor.

Today, caesarean section is one of the most important types of childbirth. Such an intervention is operational, but modern technologies have brought it to perfection, making it as convenient as possible for both mother and child .

Such an operation is not performed at will. In order for a child to be born as a result of a section, appropriate indications are required.

Planned

Planned caesarean section is discussed long before birth . At this point, both the mother and the doctor already know the circumstances that may suggest surgical intervention. As a rule, this is a threat to the health of the mother or child (tight entanglement, problems with the cardiovascular system, incorrect presentation, high myopia, and so on).

The woman in labor goes to the maternity hospital some time before the operation. During her stay in the hospital, she undergoes relevant tests and prepares to meet the child.

Childbirth by cesarean section takes place on the day prescribed by the doctor. At the same time, the presence of contractions is not necessary. The operation is performed one to two weeks before the expected date of delivery according to ultrasound.

Emergency

An emergency caesarean section is performed in a situation where natural childbirth cannot come to its logical conclusion . Often, a decision on emergency intervention is made in cases where there is an immediate threat to the life and health of the mother or child .

Procedure for issuing sick leave

Where and who issues it?

The doctor who delivered the child is considered responsible for issuing sick leave..

Upon discharge of a woman in labor from the maternity hospital, it is her doctor, an obstetrician-gynecologist, who evaluates the woman’s condition and makes a conclusion about whether the birth was classified as complicated.

Is it possible to extend sick leave during complicated childbirth? If a woman has a hard time recovering from a cesarean section, has bad tests, or the suture is not healing well, the doctor gives her a sick leave, which, in addition to the standard 70 days of maternity leave, contains an additional 16 days as compensation for complicated childbirth. The Labor Code of Russia speaks about this in Article 255 and the Federal Law of December 25, 2006 under number 255 .

This document is issued to the mother in labor within the walls of the maternity hospital, and the document is paid for directly by the employer.

For what period?

Depending on how many children a woman is expecting, the period of maternity leave given to her is calculated.

In accordance with Article 255 of the Labor Code , normal maternity leave is 140 days , of which 70 are given to prepare for the meeting with the baby, and the remaining 70 for childbirth and child care.

How many days of sick leave after a caesarean section? If the birth was complicated, then another 16 days are added to this period, making the vacation 156 days long .

The legislator distinguishes women in labor with multiple pregnancies (2 or more children). In this situation, maternity leave instead of the required 140 days is extended to 180 days . However, in this case, even if the birth was complicated by surgical intervention in the form of a caesarean section, the period is not extended beyond the allotted 180 days.

What documents are needed for registration?

1. A birth certificate, which becomes a kind of pass for a woman to the birth.
2. Passport of the woman in labor and, if possible, photocopies of it.
3. Medical insurance policy.

Extension

Who issues new sick leave and where?

Having a maternity leave sheet in hand, you can get a second sheet. The fact is that if a woman in labor undergoes a birth complicated by a cesarean section, she is given a second sick leave.

This document is issued by the doctor who attended the birth, which means he knows exactly how difficult it was and can draw a conclusion about whether the new mother can count on extending her sick leave after a caesarean section.

How to fill out the document?

The employer, having received a new sick leave 16 days after childbirth from an employee, is obliged to pay for it. However, the employer may refuse to pay you if he sees that the sick leave was issued incorrectly .

1. That is why a new mother should independently monitor the process of filling out sick leave .
2. It must contain the passport details of the woman in labor, the date of birth, the method of delivery, the doctor’s signature, as well as the date of issue of the document.
3. The sick leave must be drawn up on a special form.

Payment

How long does it take to provide sick leave to an employer?

Additional sick leave for a caesarean section must be provided within one month after birth .

This is the time that is acceptable, although there is no mention of this in the legislation.

It is an established practice that an employee must provide additional sick leave after a caesarean section immediately after childbirth, independently or through a proxy .

There is no single template for filling out such an application, so you can draw it up in any form addressed to the employer.

Application for payment

• The law does not establish whether an employee must make a second application for payments for a caesarean section.
• If the employer asks you to write a statement so that it is in your personal file, then you should write it in any form .
• If the employer says that this is not necessary, you can be content with the first statement.

How to calculate additional sick leave?

Calculation formula

How is sick leave paid after a caesarean section? Additional sick leave received as a result of a complicated birth by cesarean section is paid according to the same formula as the main sick leave.

For the 16 days additionally due to the mother in labor, they give 100 percent of the average earnings.

The calculation formula according to the general rules is as follows:

1. Determine the average salary for the two years of work preceding going on maternity leave.
2. Multiply the average salary by 24 months.
3. Divide the resulting amount by 731 days.
4. Multiply the resulting number by 156 for complicated births and 194 for multiple pregnancies.

The resulting amount is your maternity leave.

Who pays?

Despite the fact that sick leave is issued by a medical institution in the form of a maternity hospital, the employer pays for additional sick leave , but only after submitting an application and sick leave signed by an obstetrician-gynecologist.

The employer is required to pay additional maternity benefits upon submission of documents . The law does not define the exact period for providing maternity leave, but judicial practice states that funds must be provided within 30 days after submitting the application and sick leave .

Recommendations for the employer

1. A certificate of incapacity for work is a document that confirms the fact that an employee is temporarily suspended from work.
2. This sheet is paid for by the social insurance fund.
3. When filling out a certificate of incapacity for work, you need to pay great attention to the nuances, otherwise it will be declared invalid.
4. It is worth paying attention to the following:

1. Stamp belonging to a medical institution. According to all the rules, the seal is placed in the upper right corner.
2. If additional seals must be placed , then they must be located so as not to overlap the main one, and also not to interfere with the reading of other inscriptions.
3. The certificate of incapacity for work can be filled out either by hand with a ballpoint or helium pen or printed on a computer.

• In any case, the text must be printed without errors or corrections; punctuation inconsistencies are not allowed .
• If you are using a computer, then pay attention to standard fonts .
• On the certificate of incapacity for work, the signatures of doctors or other medical workers are placed in such a way that they are distinguishable and readable.

Conclusion

Providing additional sick leave due to a cesarean section is a good help so that the young mother can rest for a few more weeks. The opportunity to regain strength and get an additional opportunity to spend time with the child is an excellent compensation for a complicated birth.

In order for your rights to be respected by both the medical organization and the employer, you yourself need to know what you are entitled to and what guarantees the legislator provides for pregnant women after a cesarean section.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

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Source: https://moyafirma.com/shtat/hr/kadrovoe-deloproizvodstvo/bolnichniy/beremennosti-i-rodam/dlitelnosti/prodlenie-posle-ks.html

Complicated childbirth: how many days of sick leave is given for a caesarean section and how is it paid?

By law, employed women have the right to leave with pay during pregnancy and childbirth. After the end of the certificate of incapacity for work, the woman is obliged to go to work. If the delivery is difficult, you have to undergo surgery. In such cases, young mothers have a question about whether sick leave is extended during a caesarean section.

Is sick leave valid for pregnancy and childbirth?

A caesarean section is an operation in which the baby is removed from an incision in the uterus. Such surgical intervention has been known to mankind for a long time.

So, in the Middle Ages, when a woman in labor dragged on, relatives and doctors made a decision: to save the woman or her child. An incision was made in the abdominal cavity. No anesthesia was used. Therefore, the operation was painful, difficult, and sometimes led to the death of the mother.

With the advent of painkillers, caesarean sections have become more comfortable. This method of delivery was available to rich people. It was used to prevent the woman in labor from suffering during labor. The development of medical technologies has made it possible to bring this operation to perfection.

It is performed if there is a threat to the health or life of the mother or her child (problems with the heart, kidneys, tight entanglement, malpresentation). Today, caesarean sections are performed quite often. It can be done planned or urgently. In the first case, cesarean is discussed with the doctor long before delivery.

An emergency caesarean section is performed when natural childbirth is impossible and there are risks inherent to the situation. Extension of sick leave for pregnancy and childbirth during cesarean section is required by law if complications arise during delivery.

This is an invasive operation. The woman is given stitches and is given bed rest for some time. Recovery takes longer than after a natural birth. Therefore, a young mother has the right to apply for additional sick leave for pregnancy and childbirth after a caesarean section.

The duration of maternity leave is strictly regulated by the Labor Code of the Russian Federation.

For how many days?

Many women are interested in how long maternity leave is extended if an operation was performed during childbirth. To answer the question of how many days of sick leave are required for a caesarean section, you need to refer to the legislation.

According to the Labor Code, a working woman is granted maternity leave for a period of 140 days. Seventy days are given to prepare for the birth of the baby, and the remaining 70 are for delivery and caring for the baby. If complications arise during childbirth, the certificate of incapacity for work can be extended for a period of 16 to 40 days.

The duration of sick leave depends on the severity of the condition. If the operation is successful, the woman can count on another 16 days of rest. If any complications develop after surgery, then the release from work is extended to 40 days. For multiple pregnancies, the state provides an additional 40 days of maternity leave.

How to apply for additional sick leave?

To get 16-40 days for maternity leave, a woman needs to take out additional sick leave. Extension of maternity leave is carried out by doctors from antenatal clinics, perinatal centers, and local clinics.

To apply for additional sick leave, you must contact one of these institutions with an application. A sample of this document can be asked from the staff of the medical institution or downloaded on the Internet. The chief physician of the hospital or clinic is required to write and submit an application.

You must provide a set of documents:

In most cases, the decision to extend sick leave is made within 2-3 days after submitting the application. There are situations when a doctor refers a woman to undergo an examination or medical examination. In this case, the decision-making period may take several weeks.

To receive paid leave in connection with a caesarean section, it is important that the sick leave is issued on a standard form.

The document should contain the following information:

• passport details;
• date of issue;
• Full name and signature of the doctor;
• date of birth;
• seal, stamp of a medical institution;
• method of delivery.

The hospital form must be filled out in clear handwriting and must not have any erasures or corrections.

A woman should provide additional sick leave to her employer within 30 days after giving birth. The head of the enterprise approves the document on incapacity for work and issues an order to accrue additional days to the maternity leave.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

• If you want to find out how to solve your particular problem, please use the online consultant form on the right or call:
• +7 (499) 288-73-46;
  8 (800) 600-36-19
• It's fast and free!

How is sick leave paid?

Maternity leave and additional sick leave are subject to payment. The benefit amount is calculated by multiplying the woman’s average daily earnings by the number of days of incapacity. For example, the salary over the last couple of years was 28,000 rubles.

This amount must be divided by the number of days in two years (730), and then multiplied by the duration of maternity leave (156, if the sick leave is extended by 16 days). As a result of calculations, the woman is entitled to 5980 rubles.

By law, the employer is obliged to pay the young mother money within a month from the date of submission of the application. Maternity funds are not taxed. Thus, if a woman had a caesarean section during childbirth, then she has the right to extend the certificate of incapacity for work.

As a rule, the period of additional rest is 16 days. To receive exemption from work and payments, you must apply to a medical institution for a sick leave. A correctly executed document must be submitted to the employer within thirty days after the transaction.

Source: https://prozakon.guru/trudovoe/bolnichnyj-pri-kesarevom-sechenii.html

How many days of sick leave after childbirth? Postpartum and prenatal sick leave - how many days does it last?

Pregnancy, childbirth, maternity leave 

Despite the detailed enumeration in the law of the rules for granting leave for childbirth, many cannot understand the prenatal and postpartum period. How many days of sick leave after and before childbirth?

How many days is prenatal sick leave?

A standard sick leave for childbirth is issued at the 30th week for a period of 140 days. The medical calculation is as follows: 70 days before birth and 70 after birth.

Dividing sick leave into two equal parts is approximate and not mandatory. A total duration of 140 days (sometimes more) is required. It is difficult to determine the exact day of birth, so in the end the proportion may be different - not 70/70, but, for example, 65/75 or 75/65, etc. The main thing is that the total duration will remain the same - 140 days.

Note.  Sick leave is issued 90 days before childbirth for women living and (or) working in radioactive zones.

How many days of sick leave after childbirth if a woman has complications?

In problematic situations:

• multiple pregnancy,
• complications during childbirth (“cesarean section”),
• postpartum complications, etc.

The duration of sick leave can be increased to a maximum of 194 days. For this reason, the duration of both prenatal and postpartum sick leave may change.

It’s more convenient to look at it right away in the table

Base	Duration before birth/after birth/total	Number of additional days
One child, birth without complications	70/70/140	–
Childbirth with complications (for example, caesarean section)	70/86/156	16
Childbirth before 30 weeks with complications	—/156/156	16
Multiple pregnancy	84/110/194	54
The fact of multiple pregnancy was revealed at the time of birth	70/124/194	54

Example. A woman has a multiple pregnancy. She has the right to count on increased sick leave: instead of 140 days, she will receive 194 days. The increase compared to the standard will be 54 days.

If multiple pregnancy is diagnosed at the stage of pregnancy in the antenatal clinic, then the entire sick leave will be divided as follows: 84 days before birth and 110 after birth. If the complications were predictable and foreseeable, then the doctor issues a longer sick leave in advance, where both the prenatal and postpartum stages are increased.

If complications appeared only during childbirth or after, then the woman receives increased sick leave, but the entire duration of the increase occurs in the postpartum period.

If you are interested in the question of how to deliberately increase the prenatal stage of your sick leave, we recommend that you read our article “How to spend your entire pregnancy on sick leave.”

Postpartum sick leave - how many days are left?

Subscribers often ask exactly this: “Sick leave after childbirth - how many days?”

As we have already found out, the standard sick leave for childbirth is 140 days: 70 days before childbirth and 70 after. It is almost impossible to maintain the exact proportion, but the total duration should remain 140 days.

CONCLUSION!  To accurately answer the question of how long sick leave lasts after childbirth, you need to subtract from 140 days of total sick leave the number of days that you managed to take off before giving birth. That is, as a result (normally), the postpartum sick leave period will be somewhere from 63 to 77 days.

As we have already noted, in difficult situations the duration of sick leave increases. See the table and example in the previous section.

Separately, we note that in the case of premature birth (before 30 weeks), as can be seen from the table, sick leave falls entirely on the postpartum period.

In cases where complications were identified (occurred) only during childbirth, an increase in postpartum sick leave is carried out by generating a separate (additional) sick leave.

It will need to be transferred to the employer for additional accruals for sick leave.

We discussed this issue in more detail in a separate article, “Extension of sick leave for pregnancy and childbirth.”

Another important point. Calculation of sick leave for pregnancy and childbirth begins at 30 or 28 (in case of multiple pregnancy) weeks. Even if you call for sick leave later than this period, the countdown will still begin from this period. There is nothing illegal about this; sometimes girls who want to work longer do this because... they have high salaries.

IT IS IMPORTANT TO KNOW!  If a pregnant woman voluntarily refused to receive sick leave, but later changed her mind and applied for it, its duration should be reduced by the period that has passed from the day when the certificate of incapacity should have been issued by law.

By the way!

Currently, most regions have adopted programs to provide newborn children with gifts from the state. The contents and value of gifts vary depending on the region.

The most respectable ones, of course, are in Moscow, St. Petersburg, and the Yamalo-Nenets Autonomous Okrug.

You can find out more detailed information on this issue on our website in a separate article “Gift for a newborn from the state.”

Useful articles:

Source: https://vse-lgoti.ru/skolko-dnej-bolnichnyj-posle-rodov

Sick leave after childbirth: how many days and how is it paid?

A woman is entitled to several types of benefits while expecting a child. At 30 weeks of pregnancy, she can contact the personnel department with a certificate of incapacity for work issued by the antenatal clinic.

After maternity leave, a woman can take maternity leave to care for a baby up to 1.5 years old. During this period, the employer is obliged to pay her benefits.

How are payments calculated under the certificate of incapacity for work after the baby is born?

Who can get sick leave after childbirth

The benefit is only available to employees with whom the employer has an employment contract. Civil legal relations between the manager and employees do not provide for social benefits.

To receive benefits, an employee must:

• provide a certificate of incapacity for work;
• write an application for parental leave.

If a woman plans to go back to work after the end of her full-day sick leave, then she is not entitled to payment.

The following may be eligible for benefits:

• full-time students of higher or secondary vocational educational institutions;
• contract military personnel;
• employees dismissed due to liquidation or bankruptcy of the enterprise.

A sick leave certificate is issued to women who have adopted a child under 3 months old. In this case, its duration will be 70 days from the date of birth of the baby.

How many days is maternity leave

In a normal pregnancy, maternity leave is granted at 30 weeks. It is given for 140 calendar days.

Of these, 70 are calculated before the expected date of birth of the child, 70 - after. It does not matter whether the woman gave birth on the due date, before it or later.

Sick leave after childbirth can be extended if the pregnancy is multiple or has problems. In this case, the woman is issued a ballot for 194 days.

The question often arises of how long sick leave after childbirth will last if the woman or newborn had problems during the process itself. The doctor observing the woman in labor may issue an additional certificate of incapacity for work for a period of 16 days.

If a woman gives birth before 30 weeks, then maternity hospital employees issue sick leave for 156 days.

How is sick leave paid after childbirth?

Payment for sick leave depends on the employee’s average earnings. At the same time, the Social Insurance Fund has established a minimum and maximum payment amount.

In 2020, a woman will have to receive at least 55,831.23 rubles. and 322,190 rub. for a standard vacation of 140 days.

The minimum benefit amount is calculated based on the minimum wage. Maternity benefits depend on the employee’s earnings for the 2 years preceding the issuance of sick leave.

This excludes the days when the employee received:

• disability benefits;
• average earnings (travel allowances);
• leave to care for a minor.

To calculate benefits, the employee’s salary is taken to be no more than the established maximum. In 2019 it was 865 thousand rubles.

If a woman was on maternity or child care leave during this period, then she has the right to replace the year with any other one. It is important that at this time the employer officially pays contributions to the Social Insurance Fund from her income.

Sick leave is paid in full. Current legislation does not provide for the division of benefits into before and after childbirth.

Application for maternity leave. [24.00 KB]

What payments are due on maternity leave in 2019-2020?

If the newborn died

In accordance with regulations (Law No. 514-FZ), if a woman gives birth to a stillborn fetus or the child does not survive the first 6 days, the woman is issued a bulletin for the entire period of incapacity.

However, it should not last less than 3 days. If the newborn died after 6 days, then the sick leave is extended for 16 days.

Thus, a woman has the right to receive benefits of 30 weeks in 140 calendar days. If the child does not survive after childbirth, then revocation of sick leave is not provided for by law.

If an employee decides to go to work ahead of schedule, she will lose the right to payment. Therefore, for this period, it is recommended to conclude a civil contract with the woman.

How to apply for sick leave after childbirth

Often women are faced with the question of how long sick leave after childbirth lasts. The newsletter is extended for 16 days if there were problems during the birth of the baby.

At 30 (28) weeks of pregnancy, a woman who contacts the antenatal clinic on time issues a certificate of incapacity for work. She must provide it to the employer, who pays the benefit within 10 days.

If problems arise during childbirth, the medical organization issues an additional sick leave for 16 days. It must also be submitted to the organization’s human resources department.

The benefit is paid in the amount of 100% of average earnings, regardless of the length of insurance coverage. The amount of the payment is compensated to the employer from the Social Insurance Fund.

A woman has the right to apply for benefits within six months after the birth of a child. If she does not provide sick leave within this period, then the right to payment is lost.

Conclusion

10 weeks (70 days) before the expected date of birth, a woman issues a certificate of incapacity for work for pregnancy and childbirth. Its duration is 140 days. In case of multiple pregnancy, the period is extended to 194 days.

A medical organization has the right to issue sick leave after the birth of a child if problems arise during the process. It cannot exceed 16 days.

The certificate of incapacity for work must be submitted to the organization's human resources department within 6 months after its issuance. Otherwise, the right to receive payment is canceled.

Source: https://pravasemei.ru/deti/dekret/bolnichnyj-posle-rodov-skolko-dnej/

Sick leave for pregnancy and childbirth in 2020: calculation of sick leave, how it is paid and how many days it lasts

Last updated 07/26/2019

All officially employed women are entitled to maternity leave (Maternity Sick Leave). It is issued at 30 weeks of pregnancy, even if the woman continues to work of her own free will.

If a pregnant woman applies for a certificate of incapacity for work later, the countdown also starts from 30 weeks.

The conditions for issuing and registering sick leave for pregnancy and childbirth are determined by Order of the Ministry of Health and Social Development No. 347n dated June 26, 2011.

How is sick leave paid for pregnancy and childbirth?

Disability from work during the final period of pregnancy and during the recovery period after childbirth is paid almost the same as regular sick leave.

If a woman issues a certificate of incapacity for work in 2019, then each day of sick leave is paid at the rate of 100% of the average daily earnings for the previous two calendar years - 2018 and 2017.

Average earnings include all types of payments for which insurance contributions to the Social Insurance Fund (FSS) are calculated:

• wage;
• vacation pay;
• bonuses;
• business trips;
• compensation for unused vacation;
• financial assistance in the amount of more than 4 thousand rubles.

The calculation does not include payments for sick leave, benefits, financial assistance of less than 4 thousand rubles, payments at the birth of a child.

Average daily earnings are calculated excluding periods when a woman was on sick leave or on maternity leave to care for a child under 1.5 years of age.

Special cases

In some cases, sick leave for pregnancy and childbirth is not tied to average earnings over the last two years.

• If a woman’s insurance coverage over the last two years is less than 6 months, sick leave according to BiR is paid based on the minimum wage (minimum wage).
•  If in 2018 and 2017 a woman was on maternity leave for up to 1.5 years, the average earnings for the previous two calendar years can be taken into account.
• You can replace the years for which average earnings are calculated with previous ones if this leads to an increase in payments on the BiR certificate of incapacity for work.
• Sick leave is issued without the participation of the employer through the Social Insurance Fund if the woman is registered with the Employment Service within a year after the liquidation of the enterprise, as well as for individual entrepreneurs who voluntarily pay insurance premiums.
• A woman who has adopted a child under three months old is also entitled to maternity leave.

If, due to complicated childbirth or the birth of twins, the period of incapacity for work is extended, the medical institution issues an additional sick leave, and a recalculation is carried out.

How many days does maternity leave last?

The basic duration of a certificate of incapacity for work for pregnancy and childbirth is 140 days. This is 70 days before the expected date of birth and the same number after. This document is issued by the doctor who sees the woman during pregnancy. This could be a gynecologist, obstetrician, therapist or family doctor.

Additional sick leave is issued if a woman is expecting the birth of twins. In case of complicated labor, as well as if during childbirth it turns out that the pregnancy is multiple. The maximum duration of sick leave is 194 days.

If complications occur in the maternity hospital, 16 days are added to the period of sick leave.

In case of premature birth (up to 30 weeks), sick leave is counted from the moment of birth of the child. Childbirth in the early stages usually entails complications, so the certificate of incapacity for work is extended.

A woman can go on maternity leave at 28 weeks of pregnancy if she is expecting the birth of two or more babies.

If the fact of multiple pregnancy is established only at the time of birth, sick leave is extended by 54 days.

Justifications for increasing the period	Duration	Number of additional days	Total duration
Before the baby is born	After the baby is born
Pregnancy with one child, childbirth without complications	70	70	—	140
Childbirth with complications (for example, caesarean section)	70	86	16	156
Childbirth before 30 weeks, with complications	—	156	16	156
Pregnancy with twins or more children	84	110	54	194
The fact of multiple pregnancy was revealed at the time of birth	70	124	54	194

How to calculate maternity sick leave

The minimum amount a woman can receive is 51,919 rubles. This benefit amount is calculated based on the minimum wage. In 2019 in Russia it is 11,280 rubles.

This amount is due if the pregnant woman had a low income or did not work for the last two years. If in the area where a woman lives there is an increased minimum wage, then sick leave payments are multiplied by the regional coefficient.

The maximum benefit amount is limited by the maximum base for calculating insurance contributions to the Social Insurance Fund. In 2019, with the normal course of labor and the birth of one child, it is 301,095 rubles 20 kopecks.

Example 1

Natalya has been working as a waitress since September 10. She makes good money from tips, but officially her salary is minimum wage. On March 10, 2019, it was time for the woman to go on maternity leave. Due to her low “white” salary and short length of service, she can only count on a minimum maternity benefit.

Since Natalya’s work experience for the previous year was less than 6 months, the calculation is based on the minimum wage. Her average daily earnings will be 370 rubles 85 kopecks. And the amount of sick leave:

370.85 rubles × 140 days = 51,919 rubles

On April 29, the woman gave birth to a daughter, but since the birth was complicated, the maternity hospital doctor issued her an additional sick leave for 16 days. As a result, the benefit amount has increased.

• Increase = 370 rubles 85 kopecks × 16 days = 5,933 rubles 60 kopecks.
• Thus, Natalya will receive the following amount:
• The full amount of the one-time payment under the BiR, taking into account the extended certificate of incapacity for work = 51,919 rubles + 5,933.60 rubles = 57,852.60 rubles.
• Example 2

Olga is expecting the birth of her second child in October 2019, and her eldest son is now 1 year and 2 months old. She has been working as a manager at a window installation company since 2013, but over the past year and a half, Olga has had no income from work.

In this case, to calculate maternity benefits, her average earnings for 2017 and 2016 will be taken into account. It was respectively 224 and 267 thousand rubles. Since 2016 was a leap year, the calculation is based on 731 days.

1. Olga’s average daily earnings = (224,000 rubles +267,000 rubles): 731 days = 671 rubles 68 kopecks.
2. Amount of benefit for BiR = 671 rubles 68 kopecks × 140 = 94,035 rubles 20 kopecks.
3. Example 3

Marina has been working as a store director for three years and earns 120 thousand rubles a month. In February 2019, she found out that she was pregnant with twins and was going on maternity leave.

Since a woman’s labor income is greater than the maximum insurance base, which in 2018 was 815,000 rubles and in leap year 2017 755,000 rubles, she will be paid sick leave for pregnancy and childbirth according to the following scheme:

Average daily earnings = 815,000 + 755,000 rubles / 730 days = 2,150 rubles 68 kopecks.

Amount of benefit for BiR = 2,150 rubles 68 kopecks × 194 days = 417,213 rubles 92 kopecks.

Calculation using an online calculator on the FSS website

You can find out the amount of payment for sick leave using an online calculator on the website of the Social Insurance Fund. To get an accurate result, you must enter the following data:

• start and end date of sick leave;
• type of disability (pregnancy and childbirth);
• the amount of earnings from the employer who assigns the benefit;
• the number of days excluded from the calculation of average daily earnings.

If necessary, you need to note a change in the period for which average earnings are recorded and other nuances. There are special fields for this.

How to fill out a certificate of incapacity for work for pregnancy and childbirth

The first part of the sick leave form for pregnancy and childbirth is filled out in the medical institution where the woman is observed while expecting a child.

An obstetrician-gynecologist enters the data on the sick leave certificate if the pregnancy is carried out in a antenatal clinic. If a woman lives in an area where there is no specialized medical institution, the document can be issued by a general practitioner or paramedic.

To register sick leave for such a long period for pregnant women, the creation of a medical commission is not required.

In cases where sick leave according to BiR is extended due to complicated childbirth or due to the late detection of a multiple pregnancy, an additional certificate of ability to work is issued at the medical institution.

After the birth of the child, the document must be transferred to the employer, who calculates the benefit. It is better to check the correctness of filling out immediately after completing the document at the antenatal clinic or maternity hospital. Errors and blots on the certificate of incapacity for work are not allowed. If they are, another sick leave form is issued. It indicates the same dates of incapacity for work as in the first option.

The employer conducts its own verification of the document. Therefore, it is better to identify inaccuracies without leaving the walls of the medical institution than to return after the accounting department finds the shortcomings.

What to look for when checking a sick leave form

• The document must be filled out in Russian in black Cyrillic letters using a fountain, capillary or gel pen. Printing on a printer is acceptable. The use of a ballpoint pen is prohibited.
• Letters, numbers and special characters fit into cells. The characters must not extend beyond the frame. Filling is carried out from the first cell, without gaps.
• The name of the employing organization must be entered in 29 cells. It is indicated in full or in abbreviated form (if the constituent documents provide for this). If there is no abbreviation, the name can be cut off arbitrarily.

After the employer has verified the sick leave form for B&R, he fills out the second part of the document.

The following data is entered on the certificate of incapacity for work:

• policyholder registration number;
• the total amount of benefits paid;
• insurance period on the day of maternity leave.

If all the characters in the text are clearly readable, but there are minor errors, for example, some of the letters overlap the borders of the cells, the employer should not send the woman to re-issue a sick leave certificate to a medical institution.

Detailed recommendations for filling out certificates of incapacity for work are given in special Letter N 14-03-18/15-12956 of the Social Insurance Fund dated October 28, 2011.

When is sick leave paid?

The sooner after the closure of the certificate of incapacity a woman brings her sick leave to her employer, the sooner the payment will be made according to it. The maximum period for calculating maternity benefits is 6 months. That is, the employee must bring documents to her place of work no later than six months after the end of her leave under the BiR.

The employer must calculate and assign benefits within 10 working days after providing sick leave. Payment in cash at the accounting department or to a salary card is made after signing an order for the employee to go on maternity leave on the first day of pay at the enterprise.

When sick leave is issued through the Social Insurance Fund, payment must occur no later than the 26th day of the month following the application.

Is sick leave subject to personal income tax?

Maternity benefits differ from regular sick leave in that they are not taxed. In Art. 217 of the Tax Code of the Russian Federation is income that is not taxed. It does not pay personal income tax (NDFL), pension, insurance and other contributions. However, maternity benefits are indicated in income certificates for 3 or 6 months, and are taken into account when applying for subsidies.

Conclusion

Sick leave for pregnancy and childbirth allows women to receive 100% of the average income for the last two calendar years for a period of 140 to 194 days, depending on the characteristics of the course of pregnancy and childbirth. In some cases, the employee may choose pay periods to increase the benefit amount. Payments are made by the employer from the Social Insurance Fund.

The document on the basis of which the benefit is issued is issued by a doctor at a medical institution, after which the woman must submit it to her place of work. The minimum amount of payments is calculated based on the minimum wage, and the upper limit is limited by the maximum insurance base.

To quickly receive benefits, you need to contact your employer with a sick leave certificate as soon as possible after the end of your maternity leave. It is important to ensure that the documents are completed correctly.

Source: https://vse-posobia.ru/na-rebenka/otpusk-po-beremennosti-i-rodam/bolnichnyj-list/

Everything about maternity leave: how long it lasts, when it starts and how it is paid

Russian labor legislation is quite developed and socially oriented. In many ways, it draws on the Soviet legacy, which, although noticeably outdated, nevertheless paid great attention to employee rights.

It is no coincidence that maternity leave is colloquially known as “maternity leave”: it was established as one of the first laws (decrees) of the Soviet government back in 1917.

Maternity leave in the Russian Federation

Nowadays, the basic rules for the provision of maternity leave are regulated in Russia by the Labor Code (Articles 255 - 256), several federal laws and an order of the Ministry of Social Health Development, which establishes the exact amount of a number of payments to mothers in labor.

The amount of payments is influenced by tax legislation and the size of the minimum wage, to which many social obligations of the state are tied.

Judicial practice related to payments during maternity leave and its provision is very small. This indicates that the vast majority of employers comply with the legislation on such leaves quite accurately.

How many weeks does it take

In order to take full advantage of the rights granted by law, a woman should first of all remember the duration of her leave and know in what week she goes on maternity leave.

As a general rule, a woman can go on maternity leave 70 days before giving birth. But the law allows two exceptions to this rule:

• a woman living in an environmental disaster zone (territory contaminated with radiation) has the right to go on maternity leave 90 days before giving birth (the corresponding law was adopted after the disaster at the Chernobyl nuclear power plant, and subsequently its effect extended to a number of other territories);
• a woman who has a multiple pregnancy - 84 days before birth.

If a future woman in labor is engaged in a very responsible and important job, which she does not want to give up, even for the time guaranteed by law, she has the right to continue to work actively as long as she deems it necessary. Going on maternity leave in the seventh month of pregnancy is a right, not an obligation.

It should be remembered that unused rest time will simply “burn out”: no matter what month a woman goes on maternity leave, the law does not allow the prenatal part to be transferred to the postpartum period.

The situation may be the opposite: a woman wants to go on maternity leave ahead of schedule, but there are no legal grounds for this.

In this case, you can take advantage of the usual regular leave, which by law is 30 days and is granted annually. If this year has not yet been taken off, the employer is obliged to provide it before maternity leave out of turn, regardless of the length of service of the pregnant employee.

Thus, future mothers, if they wish, largely determine for themselves how long they go on maternity leave.

How long is sick leave valid for?

Sick leave for pregnancy and childbirth is given for 140 days: 70 days prenatal and 70 days postpartum. The law provides for some exceptions. Here is how long maternity leave lasts for certain categories of women giving birth:

• in case of complications during childbirth, the postpartum period is extended to 86 days, the total period of sick leave is up to 156 days;
• women living in an area affected by radiation receive sick leave for 160 days (by extending the prenatal period to 90 days);
• when the birth of twins is expected, the longest sick leave is provided - 194 days (84 days prenatal and 110 days postpartum).

Thus, in many cases, it is finally possible to calculate how many days maternity leave lasts only after childbirth.

At the same time, a medical opinion based on the results of a woman’s examination can lead to the issuance of sick leave for pregnancy and childbirth for a longer period.

Naturally, a woman undergoing pregnancy care needs sick leave.

Therefore, attending a consultation and obtaining a sick leave certificate (on an approved form of sick leave) is the first and most important step in early or standard maternity leave. Calculation of sick leave for pregnancy and childbirth is a matter within the exclusive competence of the doctor. And how many weeks they go on maternity leave is ultimately decided by the doctor.

Is work experience included?

The popular question of whether maternity leave is included in the length of service has a clear answer: it is always included, including in some cases for unemployed women - if they are registered with the employment center in advance.

Going on maternity leave does not entail the loss of your job. Moreover, it is expressly prohibited by law to fire an employee on maternity leave, or even just a pregnant one (Article 261 of the Labor Code of the Russian Federation). The only exception is the liquidation of the employing enterprise.

But even in this case, all payments due to the mother in labor will be provided to her by the state, and the time spent on maternity leave will be taken into account in the length of service when calculating the pension.

Moreover, what has been said applies to a normal situation when the enterprise continues its normal activities.

Russian legislation is such that pregnancy is the best guarantee of maintaining any job and work experience.

How to write an application

After the sick leave has been received, all that remains is to apply for maternity leave. To do this, you need to submit an application to your employer.

An application for maternity leave is written in the usual free form, like any other. You should write it only after receiving a sick leave certificate.

The general procedure for drawing up an application is as follows:

• You need to start, as when writing any application, with the header in the upper right corner of the sheet. The header indicates the person to whom the application is addressed (the director of the organization or, in the case of a large company, the head of the personnel department), the position, surname, name and patronymic of the applicant.
• Next, indented down, in the middle of the line, the title is written: “Statement.”
• Below is the text: the employee asks to be given maternity leave, indicates the day of the desired start and end of the leave (you can take them from the sick leave, or you can indicate a later date as the beginning), a request for payment of benefits and the desired method of transferring benefits ( usually - to a salary card or in cash, depending on the accepted payment method in the organization).
• After the main text, you need to indicate the attachments: documents that are needed to apply for maternity leave. This is a sick leave certificate and, in the case of early maternity leave, a certificate from the antenatal clinic with a recommendation to stop working from a particular date. For each application, you must indicate the date of issue and the official document number.
• The application for maternity leave ends with a date and signature with a transcript.

The original applications must be submitted with the application itself. The HR department will need them to draw up the order.

The completion of the maternity leave will be an order for maternity leave, drawn up according to the unified T-6 form, and an order for the payment of benefits (in any form).

There must be two orders: one document and release from work, and payments are not issued.

How to calculate the payout

Payments during maternity leave are calculated in the manner described in Federal Law No. 255-FZ. The amount of maternity benefit corresponds to the average salary that the employee could have received for the corresponding period at her workplace. Average salary is calculated:

• by income for the last 2 years - for employees who have worked in their current workplace for more than 2 years;
• by income for the entire period of work in the position - for employees who have worked for less than 2 years;
• for employees whose average monthly income at their current workplace was less than the minimum wage - the minimum wage at the start of maternity leave is taken as the average salary when calculating;
• The minimum wage is taken as the basis for calculating maternity benefits also for unemployed women registered with the Employment Center.

A similar calculation is used when working women, but not in the narrow sense receiving a salary, for example, military personnel, go on maternity leave.

Maternity benefits have a strictly limited lower and upper limit by law. As noted, it does not fall below the minimum wage. In addition, there is an upper limit. Compensation for payments in connection with maternity leave comes from the Social Insurance Fund. Therefore, the amount of payments cannot exceed the so-called “limit base” from which the FSS collects payments.

For example, in 2019, the employer pays 2.9% of the employee’s salary if this salary does not exceed 865,000 rubles. in year. For higher salaries, the amount of payments stops growing - and along with it, the amount of benefits that a worker going on maternity leave can count on stops growing.

In 2019, the amount of maternity benefit is:

• not less than 370.85 rub. per day, or 51,919 rubles. in 140 days;
• no more than 2,150.68 rub. per day, or 301,095.2 rubles. in 140 days.

Since the minimum wage and the “marginal base” of social payments are regularly increasing, the current values ​​and values ​​for the last 2 years should be clarified before each calculation.

The state does not levy personal income tax on all payments for pregnancy, childbirth and child care. They are issued “by hand” in full.

The payment calculation procedure is as follows:

• First, the average daily income is calculated for the last 2 years or for the entire period of work in the current position, if it was less than 2 years (the total amount of payments must be divided by the number of days worked, including weekends and holidays: 730 for two years or, accordingly, less).
• If during the billing period the employee was temporarily disabled for some time (for example, she went on sick leave), these days must be subtracted from the total. Excluded days will reduce the divisor and increase your average daily income and ultimately your total benefit amount, so don't forget about it.
• The resulting figure is then compared with the minimum and maximum possible benefits. If it is between the minimum and maximum, it is used for calculation. If less, the minimum is used, more, respectively, the maximum.
•  The established amount of average daily income remains to be multiplied by the number of vacation days.

In addition to the basic benefit, you can receive:

• a one-time payment of 655.49 rubles. - if the expectant mother registers at the consultation before the 12th week of pregnancy;
• childbirth benefit in the amount of RUB 17,479.73.

An important nuance that you should be aware of: a woman preparing for childbirth who has not gone on maternity leave from the first day does not receive pregnancy benefits for unused days - instead, she is paid a salary. However, by switching to part-time employment by agreement with the employer, you can simultaneously receive both benefits and wages for the days worked.

How is it paid?

Maternity leave is generally paid in the same way as salary: either in non-cash form (to a salary bank card) or in cash.

The entire amount is paid in a lump sum, as a rule, on the day of the next regular salary payment at the enterprise after submitting the application.

Who pays - the employer or the state?

In most cases, payments related to maternity leave are paid by the enterprise and reimbursed in full by the state represented by the Social Insurance Fund. This may happen:

• direct compensation (when the Social Insurance Fund transfers funds to the enterprise);
• or accepting payments made by the enterprise as offset against the next payment of social insurance contributions.

In most cases, the employee interacts exclusively with her employer.

Things may be different in two cases:

• for unemployed women giving birth who are entitled to receive benefits in the minimum amount;

Source: https://zen.yandex.ru/media/id/5c565b5022d89d00adadb245/5ce5a48d04e7d900b36c51aa