Duration of sick leave for pregnancy and childbirth - 140 days
The timing of the issuance and duration of the pregnancy and childbirth bulletin (B&R) is regulated by the law “On Compulsory Social Insurance” dated December 29, 2006 No. 255-FZ, labor legislation (Article 255 of the Labor Code of the Russian Federation), and Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n.
Read Art. 255 of the Labor Code can be found in the material “Art. 255 of the Labor Code of the Russian Federation: questions and answers.”
According to the above acts, sick leave according to BiR is issued to a woman at 30 weeks of pregnancy for 140 days: 70 - before the expected date of birth of the child and 70 - after. The bulletin is issued once for the entire period of sick leave according to BiR.
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 2021, 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 2021 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.
Number of days of sick leave after complicated childbirth
In a situation of complicated childbirth, sick leave is extended by 16 days (the prenatal period is also 70 days, and the postpartum period is 86 days). A complication is the birth of a child at 22–30 weeks. In this case, the disability certificate is issued for 156 days from the date of birth.
If a woman is carrying more than 1 child and this fact is established before the onset of labor, the sick leave period increases to 194 days: 84 before and 110 after the birth of the child. The ballot is issued at 27 weeks of pregnancy.
If multiple pregnancy was established during labor, then a continuation of the previously issued sick leave for another 54 days is issued.
Sick leave for childbirth - how many days are given in a standard situation and in case of complications
In general, while waiting for a child, sick leave is opened at 30 weeks for a period of 140 days: 70 - before the expected date of birth and 70 - after (part 1 of article 255 of the Labor Code of the Russian Federation, clause 46 of order No. 624n).
Before 30 weeks, sick leave for the expectant mother is issued in the case provided for by the Law of the Russian Federation No. 1244-I (clause 6, part 2, article 18), that is, this is possible for women living in territories affected by the Chernobyl nuclear power plant accident. The prenatal period for such pregnant women is 90 days, which means they are issued sick leave at 27 weeks for a total period of 160 days.
The timing of maternity leave may be as follows:
A certificate of incapacity for work is issued at once, immediately for the entire period established by law. If the birth turns out to be difficult, the sick leave is extended by 16 days, that is, the postpartum period is 86 days (Part 1 of Article 255 of the Labor Code of the Russian Federation), and the total period of incapacity for work is 156 days. The list of factors in the presence of which childbirth is classified as complex is given in the instructions of the Ministry of Health of the Russian Federation “On the procedure for providing postpartum leave for complicated childbirth” dated April 23, 1997 No. 01-97. According to this instruction, complications include the premature birth of a child, therefore, if delivery occurred during the period from 22 to 30 weeks of pregnancy, sick leave is opened from the date of birth for 156 days immediately.
When does sick leave expire for caesarean section in 2021?
A caesarean section is a complicated birth (clause “c” of the Ministry of Health instructions dated 04/23/1997 No. 01-97). In this situation, another ballot is registered - for a period of 16 days. That is, the sick leave period is 70 days before and 86 after the birth of the child.
In the case of complicated childbirth, it is important to pay attention to the correctness of filling out the certificate of incapacity for work. Often it is formalized as primary. But this is not true. Since there is only one insured event, the additional sheet should be a continuation of the original bulletin.
When is the B&R benefit paid (calculation of benefits and payment terms)?
The benefit is assigned by the employer within 10 days from the moment the employee applies and provides the necessary documents and is paid on the day of the next salary.
In the regions where the pilot project is being carried out, payments are made by the Social Insurance Fund to the bank account of the woman in labor. In this case, from the moment the employee submits all documents until the benefit is paid, up to 15 days pass. The employee provides the necessary papers to the employer, who within 5 days transfers the entire package of documents to the territorial social insurance authority. FSS specialists are required to make a decision on payment within 10 days and, if it is positive, the benefit is transferred on the day the decision is made.
Sick leave for pregnancy and childbirth is paid at 100%, based on the employee’s average daily earnings for the last 2 years. Benefits are calculated using the formula:
P = Kdb × SDZ,
Where:
P - benefit amount,
Kdb - number of days of sick leave.
SDZ is average daily earnings, which is calculated using the formula:
SDZ = ZP / Kd,
Where:
Salary - the amount of earnings for 2 calculation years before the occurrence of the insured event (including earnings from other employers);
Kd - number of days of the billing period. This is 730 days in normal years or 731 when it is a leap year. If the employee was on sick leave during the billing period, then days of incapacity for work are excluded from the calculation base. If an employee was on another maternity leave or child care leave in the 2 years preceding the calculation of sick leave, at the expressed written request of such an employee, another 2 years may be taken into account for the calculation of the new sick leave according to the BiR. However, this is allowed if the calculation for the other 2 years turns out to be more profitable for the maternity leaver than for the “standard” 2 previous years.
For examples of calculating the maximum benefit for BiR, see the article “Maximum amount of benefit for temporary disability in 2021” .
ATTENTION! If the employee’s insurance period is less than six months, then the amount of the monthly insurance benefit cannot exceed the minimum wage in force at the time of the insured event.
Results
The period of sick leave for pregnancy and childbirth lasts 140 days for a normal pregnancy and 194 for a multiple pregnancy. Russian legislation provides for the possibility of extending the primary ballot by 16 days in the event of complicated childbirth.
Find out how maternity leave is calculated in the article “How to correctly calculate maternity leave in 2015–2016?”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to open early in case of toxicosis?
Toxicosis is a very typical phenomenon during pregnancy. Toxicosis can cause dehydration, edema, nephropathy (impaired kidney function) and other ailments dangerous to mother and child.
This state of the body is most worrying for women who are 6-13 weeks pregnant. In the morning, toxicosis is most pronounced - most odors irritate, which causes vomiting.
If the toxicosis is severe, then the antenatal clinic will offer the pregnant woman treatment at a medical facility. Everything is quite simple if a woman is registered with a gynecologist for pregnancy. But what if the pregnant woman has not yet registered?
If the pregnant woman is not yet registered, it is necessary:
call a doctor from the clinic at your place of residence to your home and tell him about your symptoms;- as a rule, a pregnant woman and a doctor are taken to a hospital, where the pregnant woman is examined by a gynecologist;
- after examination, the pregnant woman is automatically registered;
- a sick leave certificate is issued if causes are discovered;
- A pregnant woman may not call a doctor at home, but immediately come to the clinic and see a therapist, who will refer her to a gynecologist.
The duration of sick leave for toxicosis is the same as in standard cases of issue - it is prescribed individually by the doctor.
What does correct document formatting look like?
When applying for sick leave, a number of requirements must be taken into account:
- The certificate of incapacity for work is issued in the state (Russian) language. But if the name of the organization contains foreign words or letters, using them will not be a mistake.
- When filling out, block (capital) letters are used.
- Words are entered starting from the first cell.
- Exceeding cell boundaries is not allowed.
- Filling out the document is allowed only with a gel, fountain or capillary pen with black ink.
Data on the sick leave form can also be entered using a computer. It is not a violation to combine handwritten text with computer typing. (For example, if part of the form is filled out by an employee of a medical organization with a gel pen with black ink, and the subsequent lines are filled out by the employer using a computer).
When receiving a certificate of incapacity for work, a pregnant woman should check whether the data was written down with a ballpoint pen with blue (or any other, different from black) ink. In this case, the employer may request a duplicate.
You cannot correct mistakes and inaccuracies using a proofreader. Incorrect data is carefully crossed out with a pen with black ink, and necessary data is written on the back of the form and certified by the signature of the responsible person. In this case, no more than two corrections of shortcomings on the part of the employer are allowed. The mistakes of the attending physician cannot be corrected.
If the full name of the organization does not fit in the space provided, you can enter the abbreviated name accepted for use in the constituent documents. If it is too long, the organization develops a special abbreviation used for employee sick leave.
Attention! The presence of clear imprints of the seals of the medical institution on the sick leave (indicating its profile) is mandatory. Due to the fact that not all employers have stamps, their absence on the certificate of incapacity for work is not a gross violation.
Below you can find an example of how to fill out a sick leave form for pregnancy and childbirth.
Obtaining sick leave for a temporarily unemployed woman upon the birth of a child
A sick leave certificate for pregnancy is issued by the medical institution where the woman is registered. Most often this is an antenatal clinic at the place of permanent residence. Perinatal centers, maternity hospitals or departments of the relevant profile at hospitals also have the right to issue certificates of incapacity for work.
We recommend that you read about sick leave under the Labor Code in this material.
Documents for receiving benefits
You must obtain a sick leave certificate yourself; the following documents may be required:
- passport;
- health insurance policy;
- extract from the medical record.
A medical document for pregnancy is issued within a strictly defined period, and in case of missing a visit to the doctor, a note about this is placed on the certificate of incapacity for work.
