Social guarantees allow working people to receive payment for days of incapacity for work.
The amount of payments depends on several criteria, but the benefit itself is paid without fail. However, many people know that payment for sick leave may be called into question in some individual cases.
Sick leave during maternity leave is a special topic; in some cases it is mandatory, and sometimes it will not even be opened. The nuances of payment for maternity sick leave are multifaceted and require detailed consideration.
When should pregnant women apply?
It is recommended to have closed sick leave during maternity leave under two circumstances:
- If, at the end of the period of leave under the BiR, the woman in labor experienced complications, a painful condition was recorded (clause 22, order No. 624-n);
- If a citizen, during maternity leave, continues to work at home or at the workplace while employed part-time (clause 23, order No. 624-n).
According to paragraph 40 of Order No. 624-n, a sick leave certificate for caring for a sick child is not required to be issued if the employee is on maternity leave of any kind, but a temporary disability certificate due to the child’s illness can be issued in this case.
The basis for this is that the woman in labor goes back to work at the end of her maternity leave under BiR. If an employee is on maternity leave to care for a small child, it is not necessary to take sick leave, and it is issued under standard conditions.
Option 1. Mother is on maternity leave, the child is sick.
During maternity leave, the child fell ill. Is sick leave and subsequent payment required?
No. According to paragraph 1 of paragraph 1 of Art. 9 Federal Law of the Russian Federation “On compulsory social insurance in case of temporary disability and in connection with maternity”, benefits for temporary disability are not assigned to the mother during the period of maternity leave.
Payments during maternity leave
The legislation regulates the calculation and algorithm for paying benefits to employees during maternity leave, depending both on employment, on the type of leave, as well as on the characteristics of the work of the woman in labor.
Read about extending sick leave here.
When will they be produced
According to Order No. 624 and Federal Law No. 255 of the Russian Federation dated December 29, 2006, sick leave during maternity leave to care for a newborn child is paid if the employee continues to work in the organization part-time or works at home. Payment of sick leave is also acceptable in case of complications during childbirth or during a caesarean section.
In such a situation, a second sheet of temporary disability is issued, which extends the paid period of maternity leave. The procedure is an extension of leave, so a personal application addressed to the manager, confirmed by a certificate of temporary incapacity for work, is required. Additional sick leave must be provided no later than 30 days after birth.
This can be done independently or through a trusted person.
Read about sick leave payment in this material.
In all other circumstances, after the end of maternity leave, sick leave benefits may stop being paid.
The amount of sick leave is calculated according to the usual scheme and can be up to 100% of the average daily earnings for the last two working years.
When they won't get paid
If an employee does not go to work during the declared leave to care for a child under 3 years of age or does not continue to work at home, sick leave will not be accrued. This happens for the reason that during this period the woman in labor already receives social benefits guaranteed by the legislation of the Russian Federation. It can be of two types:
- Maternity benefit according to BiR. They are paid in the amount of 100% of the average income (clause 1, article 11 of Federal Law No. 255);
- If a citizen is on parental leave to care for a child up to 1.5 years old, they are paid a benefit in the amount of 40% of the average salary (Clause 1, Article 11.2 of Federal Law No. 255).
If a woman who is on leave to care for a small child experiences another pregnancy, she has the right to apply for any benefit she wishes.
Employer's liability for violations
For a delay in payment or non-payment of temporary disability benefits, the employer is liable under several headings:
- Material - according to Article 236 of the Labor Code of the Russian Federation, when the employer will be obliged to pay a penalty in the amount of one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation.
- Administrative - a fine to the enterprise from 30 to 50 thousand rubles or suspension of the organization’s activities for up to 90 days. Also, a fine of 1 to 5 thousand rubles can be imposed on the head of an enterprise (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
A woman has the right to paid sick leave after the end of her maternity leave. For calculation, she can choose periods convenient for her by drawing up an application addressed to the employer. The employer must, within 10 days, make a calculation and pay the accrued benefit with the next salary; for violating the terms of payment, he faces financial and administrative liability.
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What is included in the concept of “maternity leave”
Maternity leave is a period during which an employee interrupts her professional activities due to the onset of motherhood. The basis is preparation for childbirth, the need to restore health after it, as well as looking after the newborn baby.
According to the Labor Code of the Russian Federation, for this period the newly-made mother retains her position.
Typically, maternity leave is a combination of two periods:
- Maternity leave (briefly - Maternity leave). Article 255 of the Labor Code provides for the possibility of a woman temporarily interrupting her work activity even before giving birth. The period of such leave is fixed. In a standard situation, the interval is 140 days (70 days before the birth of the baby and 70 after, but in case of complications another 16 days are added). In case of multiple pregnancy, it is allowed to take leave 84 days before the birth, and after it the period will be 110 days. Only a woman expecting a child can take advantage of the right to leave under the BiR.
- Leave to care for a newborn child – up to 3 years. The right is provided for in Article 256 of the Labor Code. Both the mother and the second parent, or a close relative (grandmother, grandfather and others) have the right to take such leave. The period is paid by the employer in the form of benefits, which are subsequently compensated by the finances of the Social Insurance Fund.
The standard maternity leave scheme consists of taking maternity leave, and then submitting an application to management to interrupt work activities based on the need to care for a child. The possibility of looking after a newborn while maintaining a place of work is allowed only up to 3 years.
If, upon reaching this age limit, the mother does not take up her duties, another person may take her position on a permanent basis.
The concept of maternity leave and sick leave for this period
According to current legislation, maternity leave will combine two concepts that are often confused with each other in everyday life. They have different grounds for temporary disability, and are also regulated by different legal documents.
For pregnancy and childbirth
The basis for going on maternity leave is a sick leave certificate filled out by a hospital employee, which is issued at the 30th week of pregnancy (if carrying more than 2 children at 28 weeks). In most cases, its duration is 140 days (70 days for preparation for childbirth, 70 days for the birth itself and caring for the baby in the first weeks of its life), which can be increased to 194 for the birth of 2 or more children. The legislation provides that a caesarean section for a pregnant woman is grounds for increasing the maternity period by 16 days, however, if at the birth of several children with complications during childbirth, such additional sick leave will not be taken into account (the period is extended only for large families by 194 days).
We recommend that you read about payments during maternity leave using the link.
The rules for issuing and the specifics of issuing sick leave under the labor code during pregnancy are regulated by clause 46 of Order No. 624-n of the Ministry of Health and Social Development. According to the law, it is possible to go on sick leave later than required. In this case, a certificate of temporary incapacity for work should be issued not at 30 or 28 weeks, but at any necessary time. Payment and calculation of sick leave benefits during maternity leave according to BiR occurs in accordance with established rules. For the entire duration of the maternity leave, the employee retains his place and position.
If complications arise during childbirth or an emergency or planned caesarean section is performed, the woman in labor has the right to receive a second sick leave, which will extend the maternity leave.
In some types of production, shortly before going on leave according to the BiR, a transfer to light labor conditions is provided (Part 1 of Article 254 of the Labor Code of the Russian Federation; several SanPiN norms relating to hygienic labor standards for women) It normalizes the reduction of workload during work, and also bears a number of restrictions on lifting weights, using equipment, and other physical activities.
How to take maternity leave
To take leave to care for a child before his third birthday, you do not need to issue a certificate of temporary incapacity for work (according to Article 256 of the Labor Code of the Russian Federation). In such a situation, the basis for maternity leave is a personal statement from the mother, father of the child or guardian. This period is included in the length of service as a non-insurance period. When applying for this type of maternity leave, a monthly social benefit is paid. The volume and frequency of payments are guaranteed by law, regardless of whether the mother in labor has official employment before pregnancy and childbirth.
Maternity leave can be taken several times and for any period until the child reaches 3 years of age. At all stages of maternity leave, the employee retains his place and position (according to Part 4 of Article 256 of the Labor Code of the Russian Federation).
Not only the woman giving birth, but also the father, official adoptive parent and guardian can receive parental leave if all the necessary confirmation is available. The basis for going on maternity leave is a personal statement from the employee addressed to the head of his organization.
Is sick leave payable on maternity leave?
To figure out whether sick leave is paid at the time of maternity leave, you need to determine what period we are talking about in a particular case:
- The initial stage, including leave due to pregnancy, is payable only if there is a certificate of incapacity for work. An obstetrician-gynecologist or attending physician who is seeing a woman has the right to issue a bulletin. Requesting a document is possible from the 30th week of pregnancy or from the 28th week if the pregnancy is multiple. It is also possible to take leave at a later date - at the moment when the employee needs it. The benefit for a certificate of incapacity for work opened for pregnancy and childbirth is paid in total in the form of a single payment. Accordingly, in this case we are talking about paying sick leave, but not on the basis of illness, but on the basis of maternity.
- The second stage is caring for a child up to 3 years old. In this case, the period of absence from work is also paid, because it is recognized as an insured event on the basis of Article 1.3 of Law No. 255-FZ (clause 2). However, there is no need to provide a ballot here. It is enough to send an application to the manager. The important thing is that the benefit is accrued monthly, but only until the child is 1.5 years old.
This point is further reflected in Order No. 624n of the Ministry of Health and Social Development of the Russian Federation, which regulates the procedure for issuing certificates of incapacity for work. Chapter 5 (clause 40) states that sick leave is not provided during periods of maternity leave and caring for a newborn.
In a situation where a mother on maternity leave is placed in a hospital setting for treatment and restoration of her own health, she also does not have the right to claim sick leave payment. To look after a young child during her absence, the ballot will need to be opened to the father or another relative.
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
And such a certificate of incapacity for work is subject to payment in full. However, it has nothing to do with the person who is actually on maternity leave.
Registration of the second maternity leave - step-by-step instructions
It is worth considering in more detail the process of obtaining maternity leave. It doesn't matter what kind of score it is. When you go on your second vacation, there are several important nuances that are not always discussed by personnel or accounting department employees. Therefore, you need to study everything thoroughly on your own.
Step 1. If pregnancy occurred when the first baby was already about 1.5 years old, but there is no desire to continue working while pregnant, then you need to write an application to extend maternity leave until the child is 3 years old. In this case, payment will no longer be received; this leave is provided without pay.
Application for leave under BIR
Step 2. Providing sick leave according to the BIR. At this stage, you will also need to write a statement about choosing the appropriate periods for calculating benefits. It is necessary to understand exactly when the maximum official income was in order to qualify for the largest payments. If the salary was approximately the same, then you don’t have to indicate the specially required periods. The latter will be taken by default. The money will be transferred to the specified account or salary card.
BIR benefits can be transferred either to an account or to a salary card
Step 3. Writing an application for maternity leave. In this case, you must present the baby's birth certificate.
Application for maternity leave
All payments will be made in accordance with legal requirements. They are made from FSS.
Exception cases
There are a number of situations when an employee who has taken maternity leave can still qualify for payment for an additional maternity leave. This is due to the labor privileges of working mothers. A reference to exceptional cases is indicated in Order No. 624n - Chapter 2, paragraph 23 and Chapter 5, paragraph 40.
Sick leave will be fully compensated if, during the maternity period, a woman:
- works part time;
- Performs professional duties at home.
In addition, it is possible to open a ballot if, after the end of the period of childcare for a young child, the woman’s physical condition is considered unsatisfactory. And, of course, payment of sick leave is legal when activities continue without using the right to leave upon the occurrence of maternity.
Under such circumstances, a woman performs her duties as an ordinary employee, which means that in case of health problems requiring treatment, she can go on sick leave.
Sick leave calculation
The responsibility for calculating the certificate of incapacity for work issued due to illness or pregnancy rests with the employer’s accounting department. The payment is also made last, but the Social Insurance Fund will compensate this amount in the future.
The employer only pays for the first 3 days of the ballot. In case of incapacity for work due to pregnancy and childbirth, the period is compensated in full from the Social Insurance Fund budget.
The amount of social benefits for pregnancy for women registered in the social insurance system is established in accordance with the provisions of Article 11 of Law No. 255-FZ.
The following points are taken into account:
- the payment is 100% of the average salary;
- for less than 6 months of service, social benefits are paid in an amount not exceeding the minimum wage for a calendar month.
A situation is possible when, while on maternity leave for up to 3 years, a woman falls ill herself or together with her child. In this situation, the question arises about issuing sick leave.
Is it paid during maternity leave? Can a husband take out a certificate of incapacity for work for a sick child?
- If a mother gets sick during maternity leave, is she paid for those days?
- When can you register incapacity for work while on maternity leave?
- Can dad take the sheet if his wife is on maternity leave?
- Will they give it to the father if one of the children gets sick?
- Useful video
- conclusions
Accrual of BL after leaving the vacation period of up to 3 years
The employee goes to work the day after the certificate of incapacity for work is closed.
She must present sick leave for payment within 6 months, otherwise she will be denied payment for days of incapacity for work.
How to document at work?
The woman attaches a statement to the sick leave with a request to take into account the periods of work that she has chosen in the calculation of benefits. If in the selected period there is time of work for another employer, then the woman must provide a certificate in form 182n.
If the employee does not write an application to change the periods for calculating benefits, then the employer will be forced to calculate it based on the minimum wage , taking into account the woman’s work experience.
How does payment work?
Temporary disability benefits must be accrued within 10 days from the date of filing the application, provided that there are no errors or inaccuracies in the sick leave certificate. As a rule, the benefit is paid along with the next salary or advance payment.
The calculated amount of benefits is paid to the employee in the same way as wages: in cash at the company’s cash desk or by transfer to a bank card. Read about whether sick leave for child care during vacation is paid here, and whether it is possible to transfer or extend leave due to sick leave is discussed here.
If a mother gets sick during maternity leave, is she paid for those days?
On maternity leave, a woman receives time off and financial support from the state. This period lasts until the child is 3 years old, while benefits are paid only up to 1.5 years.
To officially begin maternity leave and receive benefits, a new mother must complete maternity sick leave.
To register a maternity leave, you need to provide a package of documents, namely: an application for maternity leave for up to 3 years, for payment of benefits for up to 1.5 years, a birth certificate, a certificate from the father’s place of work stating that there are no claims for payments for maternity leave.
Important! If the child’s mother falls ill while on maternity leave, then, according to Federal Law No. 255 of 2006, she is not provided with or paid for sick leave.
In this case, it does not matter whether the child himself or his mother is sick. A woman on maternity leave is already exempt from work and receives appropriate benefits from the state. We can say that maternity leave is long-term sick leave, which is paid according to current legislation. A second ballot cannot be opened and double payouts are not possible.
If the mother became seriously ill and was hospitalized, then she is still not entitled to a certificate of temporary incapacity for work.
If the mother is unable to care for the baby due to illness, then sick leave can be extended to other relatives, for example, the husband.
There may be individual cases when the mother of a baby who is on maternity leave still has the right to take sick leave and is paid according to the established rules.
We also recommend reading:
When can you register incapacity for work while on maternity leave?
In accordance with clause 40 of the Procedure for issuing sick leave, the right to payment of sick leave is present if the mother, during maternity leave to care for a child, continues to:
- work from home;
- perform your duties part-time.
In these situations, you can count on issuing a certificate of incapacity for work and financial support on a general basis.
Can dad take the sheet if his wife is on maternity leave?
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
A very pressing question: will the father be able to go on sick leave if the child’s mother is sick and is on maternity leave? Here the answer is yes.
Dad will be given a sick leave, but only if the mother is really seriously ill while on maternity leave and cannot take care of the child herself at the time.
Thus, the issuance of a ballot also depends on the severity of the disease.
If the mother is urgently hospitalized and there is no one to leave the baby with, the father may not go to work that day - this is his legal right.
Important! It is worth noting that if, in the current situation, an employee “missed” work, then management does not have the right to apply penalties against the employee.
True, he will have to prove the mother’s illness. Most often, a written certificate from the attending physician will be sufficient.
Sometimes doctors violate the norms and do not issue sick leave certificates. In this situation, the father needs to defend his rights and remind them of Law No. 624n of June 29, 2011, which clearly states that a certificate of temporary incapacity for work is given to the one who cares for the child when the mother cannot do this due to illness.
Will they give it to the father if one of the children gets sick?
Another common situation is that there are two children in a family. The wife is on maternity leave with the youngest, and the eldest falls ill. In this case, will the husband be given a certificate of incapacity for work for the elder?
Yes, sick leave can be issued by the father for the eldest child in the prescribed manner with receipt of payment for the period of incapacity.
What if the baby gets sick after the parent returns from vacation?
The question may arise: is sick leave paid if you are back from vacation, and how exactly should sick leave be paid?
Paragraph 41 of Order No. 624n determines: if mom or dad goes on vacation and the minor continues to be sick, then the parent has the right to issue a certificate of incapacity for work.
From what moment is sick leave issued? The order states this absolutely clearly: from the day when mom, dad or another relative must start working.
The general rules for calculating benefits apply. Payment amounts during maternity leave cannot be used to determine average earnings. Therefore, a woman who has returned from maternity leave receives benefits based on the average earnings for the two years in which she received wages.
According to current legislation, an employee has the right to apply to change the years of the pay period so that the benefit is received in a larger amount.
Read more about how sick leave is issued and paid after a mother returns from maternity leave here.
Maternity leave
Maternity leave is divided into two components:
- Maternity leave.
- Leave to care for a newborn, which by law continues until the baby turns three years old.
The period of pregnancy and childbirth is a special part of maternity leave, which, both in terms of registration and payment, is completely different from its second part, when the child is already born.
Maternity leave under the BiR has the following duration:
- In the normal course of pregnancy, which does not have any complications, a woman is given 70 days to carry the fetus to term and the same amount of time to restore her health after childbirth.
- If the birth was difficult, surgery was needed or there was heavy loss of blood, as well as in other cases, another 16 days are added to the previously established 140 days.
- Women who live in settlements exposed to radioactive radiation and considered contaminated go on maternity leave earlier, not 70 days before, but 90 days before. They are also entitled to 70 days postpartum.
- If a woman is diagnosed with multiple pregnancies, I get 84 prenatal days and 110 postpartum days.
For the entire period of BiR, a woman is given exemption from work on the basis of an issued medical document; in fact, this is the same certificate of incapacity for work, only long-term. Upon completion, upon application of the woman, leave to care for the baby is issued.
All specified periods are maximum, that is, exceeding them without reason is impossible, but a woman can reduce the periods at her own discretion. Some mothers work until the last minute and go on maternity leave just before giving birth, while others go to work without staying at home for the postpartum period, but immediately after being discharged from the hospital.
The legislation does not prohibit voluntary reduction of B&R terms.
Registration procedure
Many people are interested in the question: if the child’s mother gets sick, will the father be given sick leave? This is quite possible, but only on the condition that the woman on maternity leave is ill and cannot properly care for her small child. It is worth noting that whether the father receives sick leave or not does not depend on the severity of the mother’s illness.
In special cases, the employee does not have to notify his management about this personally - a phone call is enough. Also, if the baby is left unattended, the father can exercise his right not to go to work that day. For example, in the case when the mother was taken by an ambulance.
This is important to know: Why is your salary less after vacation?
Other people, including the father, can begin caring for the child if the mother's poor health is accompanied by the following measures:
- During hospitalization. If the father is nearby, in this case he takes responsibility for the child.
- If the baby and the woman get sick at the same time.
- For outpatient treatment. In this situation, the help of loved ones will be needed due to the need to temporarily isolate the mother from the baby so as not to infect him, for example, with ARVI or influenza.
To provide evidence to the employer, the father or other relatives must take a certificate stating that the mother really cannot be with the child and is being treated in a hospital. In the second and third cases, you need to contact your doctor - you can call him at home and ask him to write out a certificate with recommendations.
After the father has received this certificate, he has the right to apply for sick leave if the employee is currently on postpartum paid leave, until the child is 2 months old, and also if the baby is sick.
Sometimes a father may encounter problems from doctors who do not want to issue a sick leave certificate - these actions are illegal. In this case, they should remind them of the provisions of law number 624, which came into force back in 2011. It will be indicated here that sick leave is given to the person caring for the baby, due to the fact that the mother is not yet able to provide him with proper attention.
If the baby is not yet 2 months old, you should contact the children’s hospital, which is assigned to the family’s place of residence, or a pediatrician with the certificate received. He is obliged to provide a certificate for the father, which will confirm the need for care, regardless of whether the child is healthy or sick. If the medical worker refuses to issue the document, the father has the right to contact the local medical director at the local clinic and appeal the actions of the pediatrician.
Sick leave before vacation
Pregnancy progresses differently for every woman. Some people feel great and work as usual, while others feel unwell from the first months of pregnancy. Be that as it may, any employed woman can take sick leave before maternity leave.
The number of sick days for workers in ordinary cases is limited only by the period of recovery, and the frequency of sick leave cannot be regulated, because everything is purely individual. During pregnancy, the female body is especially vulnerable, which can contribute to frequent sick leave before maternity leave.
The employer does not have the right to refuse to pay an employee for the provided ballots.
By law, a pregnant employee can count not only on receiving a ballot if she feels unwell and on payment for it, but also on a relaxation in work. The Labor Code establishes that workers who have submitted certificates from a medical institution confirming that they are pregnant must be transferred to light work if their main work involves excessive stress.
The employer is obliged to take into account the employee’s condition and provide her with a different place of work before going on maternity leave or reduce physical activity at the existing workplace. The certificate of incapacity for work issued before maternity leave is paid in accordance with the general procedure.
Sick leave during vacation
To determine whether sick leave can be received on maternity leave, it is necessary to conditionally divide this concept into two categories:
- The pregnant woman took advantage of her legal right and took maternity leave.
- The employee continues to work, despite the opportunity to rest.
In most cases, women, being pregnant, wait for the period of maternity leave and go into it immediately. It should be understood that the B&R holiday itself is an open ballot.
It is issued before going on maternity leave for the entire period of pregnancy and childbirth, but can be extended if there are complications. It will not be possible to open a second sick leave during maternity leave, because double payments are impossible.
If a pregnant employee continues to work, although the time for maternity leave has already come, then she can issue both a temporary ballot, that is, with the right to go to the workplace after its end, and a long-term sheet for the BiR at any time.
Please note that for the unemployed part of the population, labor and employment leave is not issued and is not paid, since in fact the woman does not work anyway, and she is not entitled to social guarantees, due to the lack of deductions of insurance contributions to the Social Insurance Fund. The only exceptions are those women who were laid off from enterprises within six months.
If a child gets sick
After the birth of the baby, the woman in labor spends the required number of days on postpartum sick leave. During this period, it will not be possible to issue a second ballot, even if the newborn himself gets sick.
Sick leave after maternity leave can be extended or a new one opened if the child has medical indications for treatment. You can open sick leave after maternity leave only if you have not yet written an application for maternity leave.
At the end of the period allotted for recovery, the woman in labor has the right to write an application for leave to care for the newborn. This time, at her request, can continue until the baby is three years old or end earlier.
This period of rest is also a release from work, but due to other circumstances it is formalized specifically as a vacation. If the baby is sick during the vacation period, then the mother will not be able to count on payment for days of incapacity.
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
In addition, they won’t even open her ballot, for the reason that she is on vacation, which the state allocates specifically for the woman to take care of the baby.
If your mother is sick
If the mother herself is ill, the situation varies as follows:
- During the registered leave under the BiR, the woman is hospitalized or treated on an outpatient basis, but a parallel bulletin is not issued to her. She will not be able to count on a second payment, because these days have already been paid for.
- During the postpartum period, when the leave period to care for a newborn begins, the woman will also not receive a certificate of incapacity for work. That is, you shouldn’t count on financial benefits either, but no one denies the need to support her during illness.
If a mother becomes ill, her close relatives - spouse, parents or other relatives - can fill out a form to stay at home and care for both the mother and the baby.
A ballot is issued to a relative under two conditions:
- The caregiver himself is employed.
- He will provide the actual care for the patient.
That is, you can count on issuing a certificate of incapacity for work, but only for another family member.
If your older child gets sick
In the normal course of events, the illness of older children entails the issuance of a sick leave certificate for one of the parents, most often the mother. The mother issues a sick leave certificate for minor children with no restrictions on sick time up to 7 years of age. From age seven onwards, the length of ballots is gradually reduced.
But the illness of a minor cannot always be paid for. According to labor legislation, a certificate of incapacity for work is not subject to compensation if:
- Open while on regular paid leave.
- Occurred on rest days without pay.
Is sick leave paid during maternity leave? The answer is negative, not in the first half for pregnancy and childbirth, not in the second half for care, no payments are made.
The following will be issued and paid for:
- Sick leave after maternity leave or issued at the end of it.
- A ballot issued to women working part-time. This means both remote home work and work in an organization.
In case of partial employment, the child care allowance itself is retained.
Registration of sick leave during maternity leave
To find out whether a woman can receive sick leave during maternity leave, it is necessary to consider the following situations.
- A pregnant woman exercised her right to go on maternity leave.
- The employee carries out her work activities taking into account the previous schedule, although she has the opportunity to go on vacation.
In the first case, this is an open sick leave with a standard duration (140 calendar days). It is issued for the entire period of pregnancy and childbirth.
It is important to know! It is impossible to issue a second certificate of incapacity for work, since it involves the accrual of double payments. If an employee delays his maternity leave and continues to work, then he has the right to issue a temporary ballot, after which he can return to the workplace again.
Terms of service
You can get a certificate of temporary incapacity for work while on maternity leave. But it is issued in a limited number of cases:
- When the vacation is already over, and the mother’s health has not fully recovered. (Order No. 624n, paragraph 22).
- If a woman is on vacation, but during this period she carries out activities at home, or works at her place of work, but part-time (clause 23 of the same document).
If the vacation is coming to an end, and during this period the child becomes ill, the mother can open the newsletter on standard grounds and care for him until he is fully recovered. On the first day of her presence at the workplace, she is obliged to provide the HR department with a certificate of incapacity for work, otherwise she will be fined or fired for absenteeism. At the same time, the woman must find out how sick leave is paid after maternity leave.
Advice! If an employee, while on maternity leave, becomes pregnant again, and the deadline for maternity leave is approaching by the end of the first one, then a certificate of incapacity for work is issued on the basis common to all (clause 52 of Order No. 624n).
Sick leave is not issued
A health certificate, which a mother needs to care for her sick baby, cannot be issued in some situations. This is possible if she is already on one of the vacations:
- according to BiR;
- for caring for an infant upon reaching the age of three.
The basis is paragraph 40 of Order No. 624n. In the first case, she already has an open ballot, and in the second, she is at home.
Special situations
The ideal option is when a woman’s pregnancy proceeded normally, the birth took place without complications, the mother and baby feel well and no incidents occur during maternity leave. But, unfortunately, children and adults tend to get sick, and the mother and child themselves are not immune from this. In certain circumstances, many questions arise: what should a mother do if, due to ill health, she is unable to care for the baby for some time; who in this situation can exercise the right to care for the sick and open a ballot; where to find out whether sick leave is paid during maternity leave.
Mother is being treated in a hospital, the child is sick
If a mother on maternity leave is hospitalized in a hospital due to illness, she cannot take care of the child, who also fell ill during this period. In this situation, the ballot is issued to one of the working family members who actually took care of the sick baby. These include the direct head of the family, grandmother or grandfather, who continue to work. This is reflected in the Order of the Ministry of Health of Russia dated June 29, 2011, and paragraph 5 of Art. 6 Federal Law of the Russian Federation.
The procedure is as follows. A woman writes an application to return to work after maternity leave, attaches a copy of her marriage certificate, birth certificate, a certificate from the institution where she is undergoing treatment and shares this package of documents with her husband or other relatives. The manager issues an appropriate order, a copy of which is provided to the father. He, in turn, introduces her to his place of work and arranges leave. The certificate is issued to the mother if she has officially interrupted her maternity leave. Both the father and working grandparents can receive a certificate of incapacity for work.
The mother is in the hospital, the child is not sick
If a mother, while on maternity leave, falls ill and is forced to undergo treatment in a hospital setting, the father can take care of the child for a short period of time. To do this, the leave is temporarily reissued to him, but only after he presents a document confirming the relationship: a birth certificate, marriage certificate, and a certificate from the hospital where the wife was hospitalized.
The registration procedure is similar to the previous situation. A certificate of temporary incapacity for work can be received by the child's father, grandmother or grandfather if they work.
Extension of maternity leave after sick leave
The duration of maternity leave is clearly regulated by the Labor Code of the Russian Federation, therefore, after the end of the period, the woman must go to work. If, during gestation or during labor, complications arise that affect the health of the mother or baby, management is obliged to increase the duration of leave on the basis of an additional document from their antenatal clinic. The legislation defines situations when it is necessary to extend the rest period, and the rules for drawing up a ballot. They are clearly stated in the Labor Code of the Russian Federation and Federal Law No. 255 of December 29, 2006.
Attention! The increase in maternity leave is due to the nature and severity of complications. The minimum period is 16 days, and the maximum is 40. Order of the Ministry of Health and Social Welfare dated June 29, 2011 No. 624n regulates the reasons that allow the mother to seek additional days to the main leave.
C-section. Rehabilitation after surgical delivery usually takes longer, since the integrity of the abdominal wall and uterus is damaged during the operation. Therefore, CS is included in the category of complex cases related to childbirth, therefore, the woman should be given another 16 days for her main leave.
ECO. In vitro fertilization is a procedure for artificial conception. The woman’s body is difficult to tolerate the intervention, as a result of which complications may arise during pregnancy or during childbirth. Taking into account these circumstances, the expectant mother has the right to take sixteen days of rest.
Multiple births. This means bearing two, three or more children. Such a pregnancy is more difficult for the mother to bear, since there is a high probability of developing toxicosis and other complications. In addition, delivery is carried out mainly through cesarean section, which also requires a longer recovery. Taking these circumstances into account, maternity leave increases significantly and amounts to 84 days before childbirth and 110 days after it. If multiple pregnancy is detected during the process of delivery, then mothers are required to add an additional 54 days to the main period for rehabilitation.
It is allowed to increase the period of maternity leave if the following situations arise:
- during pregnancy, preeclampsia, nephropathy, and eclampsia were noted;
- labor led to the development of inflammation of the uterus and kidney infections;
- significant blood loss was recorded during the delivery process;
- Forceps were used during the procedure.
A situation is considered severe when the baby has swallowed amnestic fluids and is in intensive care immediately after birth. In this case, the mother is entitled to all 40 days of leave.
How is sick leave paid?
Calculation of sick leave, regardless of the stage at which it was issued, is made based on the actual performance of the bearer. In this case, general accrual rules apply that apply to all employees.
To calculate compensation for sick days you will need:
- Calculate the actual number of accumulated insurance years for the employee. When calculating, you should take into account all periods during which insurance contributions were made to the Social Insurance Fund.
- Calculate the individual average salary for one day at the time of submitting the medical document.
- Calculate the number of sick days, taking into account the day of issue and the closing date.
The insurance period directly affects the percentage of compensation that a maternity leaver can count on. Its minimum barrier is 60%, it is received by those who have less than five years of service behind them.
Those who have worked for five years, but have not crossed the eight-year threshold, are entitled to 80% of the average income of the sick person. Women who have more than eight years of experience receive 100% of payments.
Organizations pay compensation only for closed certificates of incapacity for work. In addition, the maximum validity period of the medical certificate should be taken into account. By law, it must be presented for payment within six months from the date of closing and no later.
If a woman, while on maternity leave, gets sick herself or her child (eldest, youngest), then the question arises whether it is possible to issue a sick leave certificate, and who has the right to do this - the mother on maternity leave, or the father of the children.
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
Let's figure out whether a woman can take a ballot while on maternity leave, and whether she will be paid for the ballot. We will also find out who should apply for disability if a child falls ill - the wife on maternity leave or the husband.
Can a mother take out a certificate of incapacity for work during maternity leave?
The concept of “maternity leave” refers to two events - maternity leave and care leave for up to 3 years.
Care leave for up to 3 years is provided upon application by the employee. The basis is Article 256 of the Labor Code of the Russian Federation guarantees the accrual and issuance of the required benefits.
The Labor Code of the Russian Federation states that a woman can go on maternity leave and return to work whenever she wants until the child is three years old, while maintaining her place of work, employee, and position.
Sick leave during maternity leave can be issued:
- If the mother works from home or works part-time at her previous place of work.
- If a woman may need medical care and hospital treatment, in this case child care must be interrupted.
In other cases, a certificate of incapacity for work is not issued and is not paid , because a woman during maternity leave receives social benefits - either for pregnancy and childbirth, or until the child is one and a half years old.
Exception: a woman who continues to work from home, works part-time and is caring for a minor.
Typical mistakes when calculating sick leave after maternity leave in 2021
When calculating sick leave after maternity leave, it is important to avoid common mistakes, which will be discussed below.
Error 1.
Before maternity leave, the woman’s experience was 7.6 years. After UzR, the employee returned to work, and after 2 months she took sick leave for 18 days. The employee was paid a benefit in the amount of 80% of the average daily earnings for 18 days.
Solution. During maternity leave, a woman’s length of service increased and reached 9 years. In this case, the benefit is accrued in the amount of 100% of the average daily earnings for 18 days.
Error 2.
The woman is on maternity leave, receives benefits and works at ¼ rate. Due to the baby's illness, she took sick leave for 15 days, which was paid.
Solution. A woman working on maternity leave has the right to receive only one payment. If an employee receives child care benefits, sick leave is not paid.
Will they give it to the husband if his wife gets sick on maternity leave?
In a situation where a mother, while on maternity leave, falls ill and is admitted to a hospital for treatment, it is possible to temporarily re-register maternity leave for up to 3 years to the father , and issue another sheet to the mother, indicating the cause of the illness.
This is a complex procedure. First, the mother needs to write an application to return to work from maternity leave. The husband must provide a document confirming the relationship: marriage certificate, birth certificate. Attached to it is a certificate from the hospital where the wife was hospitalized and for this reason will not be able to care for the minor.
The employer must sign the application and issue an order to interrupt the mother's maternity leave. The father takes a copy of the order, certified by the boss, and legally receives a certificate of incapacity for work at his place of work.
Sick leave issued due to the mother’s illness is paid at work only if she has officially interrupted her maternity leave and has registered to return to work.
After completing treatment, the mother can again arrange for child care.
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Option 4. The child is healthy, the mother goes to the hospital
The child is healthy, but the mother is admitted to a medical facility due to poor health.
How to register sick leave for a non-working mother on maternity leave
- Since it is impossible for one person to receive both benefits at the same time - both for temporary disability and for child care (Article 183 of the Labor Code of the Russian Federation, only working citizens have the right to pay for sick leave), it is necessary to interrupt her vacation; for this, the employee writes a statement to the employer about the interruption vacation , and transfers it either personally or through relatives who can document the relationship.
- The employer is obliged to issue a certificate stating that monthly benefits are not provided and that parental leave has been interrupted (based on clause 3 of article 4.3 of the Federal Law of the Russian Federation “On compulsory social insurance in case of temporary disability and in connection with maternity”, the insured person has the right to receive relevant certificates from the insurer (employer).
- The family member presents the certificate to his employer, and on this basis goes on parental leave.
This is important to know: Application for payment, recalculation of benefits, vacation pay
This way, the mother will receive unemployment benefits without losing her monthly benefit.
Important : Maternity leave is necessarily extended to the mother for the period of days indicated on the sick leave.
