I'm about to go on maternity leave, I'm not feeling very well, I don't want to work, fatigue and stress are constantly making themselves felt - is this a familiar situation?
In such cases, the doctor observing the pregnant woman may suggest taking sick leave.
Will the issued certificate of incapacity for work affect maternity payments, will the amount of the benefit change?
For how long are sick leave issued?
Women are given a long period of rest during pregnancy and childbirth, when the timing becomes quite serious. This is a general rule that applies to everyone.
Specific numbers have the following description:
- Upon reaching 30 weeks, when the pregnancy is singleton.
- 28 weeks - when three or more children are born.
The duration of the certificate of incapacity for work in the case of pregnancy and childbirth is written in the Labor Code of the Russian Federation, in article 255.
The legislators considered that given such deadlines, the citizen would have serious difficulties in performing her work duties. Preparing for the birth of a baby takes a woman’s strength and health.
But there are opportunities to book your vacation earlier. For example, during the first trimester of pregnancy. The baby's development needs to be monitored. The main thing is the presence of solid and valid reasons. The doctor and the employer must understand that ignoring them only leads to negative consequences.
Expectant mothers are advised to listen to any pain and what leads to discomfort. If you respond to problems in time, it is easier to get rid of complications later.
No one has the right to refuse to issue sick leave certificates. The rule applies throughout the entire pregnancy. It doesn't matter what time frame we're talking about.
Before maternity leave
Can a pregnant woman go on sick leave before maternity leave? Even if there is nothing left before official maternity leave, no one has the right to refuse to issue sick leave to a pregnant woman . Situations can be different and the life and health of mother and baby come first.
Grounds for issuing sick leave
The basis for issuing a certificate of incapacity for work is the woman’s poor health, unsatisfactory results of tests, ultrasound or examination .
Depending on the woman’s condition, the gynecologist prescribes treatment for her on an outpatient or inpatient basis.
It is also recommended that pregnant women take sick leave during outbreaks of fungi and other infectious diseases , since their work is a potentially dangerous place where there are large crowds of people.
Who has the right to give sick leave?
When detecting the first deviations and feeling unwell, women should contact a gynecologist. After that they register. The services of private and public clinics are equally suitable. The main thing is that the condition is monitored by a doctor with sufficiently high qualifications. The form of observation and other features are not paid attention to.
It is required to undergo examination by doctors of other specialties, including:
- Cardiologist.
- Immunologist.
- Ophthalmologist.
- Laura.
- Dentist.
- Endocrinologist.
- Service with a gynecologist
Gynecologists are doctors who monitor pregnancy throughout the entire period, from the initial stages until the moment the child is born. Even when there are no complications, visits to doctors are necessary. The responsibilities of such doctors include constant monitoring of the patients' condition.
Here are some of the reasons why local doctors most often issue sick leave:
- Pathologies associated with fetal development.
- Problems with uterine tone.
- Complaints due to increased blood pressure.
- The appearance of edema.
- Deterioration in health.
- The occurrence of infections and sexually transmitted diseases.
- Threat associated with termination of pregnancy.
- Toxicosis.
Even if the complaint does not relate to gynecology, it should not be ignored. It's better to just tell your doctor about your current condition. Based on the results of the conversation, he writes out a referral to a doctor of a certain profile. Next, he identifies the level of malaise and issues a certificate of incapacity for work.
Established form and filling rules
The new standard sick leave form is easy to fill out, since you can use a printing device when filling it out.
The new form also has a good degree of protection against counterfeiting.
The form must be filled out carefully, without errors or corrections . If corrected, the form must be replaced with a new one.
The form must be filled out with a black gel pen, fountain pen or printing device ; the use of ballpoint pens is unacceptable. You need to start filling in block letters from the first cells , without skipping them or going beyond the boundaries of the cell.
When a woman is not yet registered
Children quickly pick up problems if left unchecked. The weakness of a small body and small size can end badly for pregnancy in general.
Therefore, constant monitoring throughout the first trimester becomes a mandatory requirement for everyone. The gynecologist may offer to undergo treatment in a hospital setting.
But sometimes it happens that expectant mothers do not have time to think about registering. Then you shouldn’t refuse sick leave. The procedure just has a few additional nuances:
- The first stage is to call a doctor at home to report how you are feeling.
- After this, the patient is taken to the hospital.
- An examination is performed on a gynecological chair.
- Registration at the place of residence is completed automatically when information regarding pregnancy is confirmed.
If she has the strength and opportunity, the woman herself can attend an appointment with a local therapist. From him they receive a referral for examination by a gynecologist. Then they also register. Even the lack of registration documents is not a reason to refuse to provide medical care.
Who is entitled to maternity leave?
The Labor Code enshrines the right of any working woman to go on maternity leave, namely:
- an employee who has signed an employment contract (work experience does not matter);
- registered with the Employment Service with the official status of unemployed;
- female students studying full-time;
- a woman in military service;
- the female part of the civilian personnel of military institutions.
NOTE! Some types of paid benefits during this leave are available to everyone, and some - only to officially employed expectant mothers.
About the duration
The terms of sick leave for pregnant women and ordinary documents are no different from each other, they remain the same. Only a doctor can help determine exactly how long it will take to restore health.
The maximum validity period of one sick leave issued by a doctor is 15 days. This rule also applies to workers of any category, not just pregnant women. The duration of rest can be reduced if a dangerous condition is not identified. Such actions will not be illegal.
Payment for the period of incapacity for work when working part-time
Employees hired on a part-time basis receive benefits based on their actual earnings. Employers use the following calculation procedure:
- Determine the billing period - 2 years before the opening of sick leave.
- The average income of a person is calculated.
- The amount received is compared with the minimum wage.
- Determine the amount of total length of service of the employee.
- Benefits are calculated based on length of service.
Persons who do not have more than six months of experience are paid benefits based on the minimum wage. Workers with little experience, employed on a part-time basis, receive minimum wage benefits in proportion to their working time. For the calculation, the amount of the minimum wage established by law on the date of onset of the disease is taken.
In case of hospitalization
If it is determined that the condition is dangerous for the mother and baby, a special commission is convened. But the decision of such commissions remains valid only if treatment is carried out not at home, but in a hospital. One of the important conditions is hospitalization of the patient. You cannot do without documentation according to all the rules.
In the case when the first period of treatment has expired, and residual effects still persist, doctors can decide to extend the rest time. It is often advised to move to a sanatorium for better care. This is a legal decision that cannot be challenged. The duration of treatment is 24 days.
Payment for sick leave
Disability benefits are calculated based on the amounts received by employees during the previous 2 years. If the employee himself becomes ill, the entire period of incapacity for work is subject to payment based on the average daily earnings for each day of illness. The amount of average daily earnings is determined by dividing the amount of income received by 730 - the total number of days over 2 years. If one year is a leap year, the number 731 is used for calculations.
The amount of income received includes:
- Remuneration of the employee.
- Additional payments, allowances.
- Premium, one-time rewards.
- Other amounts, excluding compensation payments.
The time of incapacity for work, being on maternity leave, or work during which no contributions to the Social Insurance Fund were made are excluded from the calculation period.
Regarding the extension of sick leave
The general rules remain the same here; in each situation, only a number of nuances need to be taken into account.
When visiting a clinic.
If a patient turns to representatives of a hospital facility for sick leave and its extension, it means that the treatment itself takes place at home. The attending physician in such a situation does not have the right to make decisions regarding extension alone.
A medical commission will have to be convened to decide whether the patient needs an extension. The conclusion about the condition is made based on the study of several factors: doctor’s notes, documents and examination of the patient herself. After the commission makes a decision, the period of sick leave can be extended to a maximum of 10 months.
In the case of a hospital.
The examination is carried out when the first period of sick leave ends. Then they decide what kind of help from doctors is needed next. In a hospital setting, sick leave stay is increased by no more than 10 days.
After sanatorium-resort follow-up treatment.
Here the decision is made by the management of the institution itself. This is necessary if there is no improvement. Even after the sanatorium treatment is over. The law sets a maximum period for such situations - 24 days.
Example of calculating vacation payments
All vacation payments are calculated based on the amount of average daily earnings. To calculate the amount of vacation pay before maternity leave, the usual procedure is used, that is:
Suppose employee Ivanova decided to take 14 days of vacation before her maternity leave. With an income of 300,000 rubles, she will receive vacation pay in the amount of 11,945.36 rubles (300,000/12/29.3*14)
As mentioned above, if leave is granted after maternity leave, then the time of maternity leave is not taken into account.
If, after returning from maternity leave, the employee quits and the vacation was not used, then it is necessary to calculate how many days compensation is due. The payment must be transferred to the employee in accordance with the general procedure.
The procedure for issuing certificates of temporary release from work
For all workplaces, a mandatory requirement is to undergo certification and special checks. The purpose of the development is to determine the level of harmfulness and complexity of the situation in a particular place.
In some professions there are premiums for harmfulness. All directions fall under the rule. Even those where the factors are weak enough to damage health, but are dangerous during pregnancy. Release from work is the right of every citizen.
Refusal is illegal, and in the first days of the condition. Especially if conditions are created that can harm the mother and unborn child. Exemption is acceptable for the entire pregnancy, until the birth itself.
For such situations, the procedure will be as follows:
- A certificate listing harmful factors is issued to women by occupational safety engineers or human resources departments.
- After this, they contact a gynecologist, from a public or private clinic. The doctor confirms the state of pregnancy and gives a referral for examination by a medical commission. Only after passing all the examinations is the citizen registered. It is recommended to contact the institution at your place of permanent residence; problems often arise when interacting with commercial services.
- To undergo an examination by a medical commission, a woman must have a certificate from her place of work, a passport and an outpatient card, a referral. It is after this appointment that an official exemption from work is issued.
- The received certificate is transferred to the personnel department of the enterprise with which the employment agreement was signed.
Possible grounds for sick leave
Without a timely visit to a therapist, you will not be able to receive a referral to doctors of another profile. This is relevant in the presence of symptoms that are not related to the pathologies of pregnancy itself.
Colds and flu
Acute respiratory colds (ARI, ARVI) are a problem that pregnant women face most often, like other people. Pregnancy has a particularly acute effect on immunity and contributes to its decline. Complications arise, including due to the ban on taking certain types of medications during pregnancy.
