Is sick leave paid during maternity leave?

09.06.2019

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6 min.

While on maternity leave, any woman or baby is not insured against illness. The following questions are considered reasonable: is it possible to open a ballot at this time, what rules exist for this, and who is given the right to draw up a ballot instead of the mother. Sick leave during maternity leave is a complex topic; in some cases you cannot do without it, but sometimes it may not be opened. Since there are several reasons, it is necessary to consider them in more detail.

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.

Registration for an older child

When a family has 2 children, the father or grandparents can begin the procedure for registering sick leave for the eldest child without regard to the woman’s health condition at the moment when she is on leave in connection with caring for the newborn. This rule will be valid until the eldest child reaches the age of 7 years.

To receive sick leave, the father or grandparent must follow the following rules:

1. Examination of the child by a pediatrician who can be called to your home. At this moment, the mother of the young patient should be nearby.
2. After the doctor fills out all the paperwork, he will offer sick leave.
3. Afterwards, the mother must inform the doctor about the need to register sick leave for another relative, for example, for a grandmother or father.
4. Then only the relative for whom sick leave was issued comes to the hospital.
5. After the first examination at the clinic, the relative will receive a paper written in his name to provide to the employer.

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.

Results

To go on maternity and postpartum leave, the expectant mother will need a sick leave certificate issued by a medical institution: receiving a certificate is one of the conditions for paying for it. If on leave the child is cared for not only by the mother, but also by other family members (relatives), then the allowance is paid to one of them.

Sources:

• Labor Code of the Russian Federation
• Law “On Mandatory Social Insurance...” dated December 29, 2006 No. 255-FZ

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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:

1. 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.
2. 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.

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

1. 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.
2. 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).
3. The family member presents the certificate to his employer, and on this basis goes on parental leave.

This is important to know: If the financially responsible person went on vacation

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.

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:

1. 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.
2. 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.

Refusal of maternity leave

An employee has the right to refuse maternity leave. In this case, she is obliged to perform labor functions in full.

UzR can be issued by any family member who is directly caring for the baby.

BiR is provided only to the woman giving birth. The right to receive benefits does not transfer to other family members.

If a woman goes back to work full time during UzR, payments stop. From this moment on, the employee has the right to take advantage of paid sick leave.

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 for a child's illness

To receive sick leave due to the baby’s illness, the father must take a certificate about the mother’s illness and present it to the clinic where the child was observed. Such actions have legal grounds until the baby turns 3 years old.

It is worth making sure that this document indicates the person who cared for the child. This recording is made by the doctor who is treating the mother. If force majeure circumstances arise in which the woman cannot provide this information, responsibility for the baby will be transferred to the father.

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?

1. If a mother gets sick during maternity leave, is she paid for those days?
2. When can you register incapacity for work while on maternity leave?
3. Can dad take the sheet if his wife is on maternity leave?
4. Will they give it to the father if one of the children gets sick?
5. Useful video
6. conclusions

Right to sick leave

The designated period differs in that a woman caring for a child does not have the right to take out sick leave:

• if the baby is sick;
• in case of illness of the older child (children);
• in case of your own illness.

However, if there are several children, then the father and even the grandmother (grandfather) can freely exercise the right to go to the ballot with the rest of the children .

In this case, the regulations for filling out a certificate of incapacity for work require entering the code not 038, as provided for the mother, but 039 - when applying to the father. If other relatives applied, code 040 is indicated.

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.

Features of obtaining maternity sole proprietorships

Individual entrepreneurs can also receive maternity benefits. But there are several important features here. So, you need to immediately decide whether you want to share your income with the state. If you conclude an agreement with the Social Insurance Fund, you will need to make payments in accordance with current legislation. At the same time, the entrepreneur must determine their size independently, but it cannot be less than the minimum. It is determined based on the current tariff and minimum wage.

If a girl makes contributions to the Social Insurance Fund, then she can receive payments for sick leave and during childbirth. But not everyone is ready to pay even 4,000 rubles a year to receive benefits during childbirth. Therefore, the absence of an agreement with the Social Insurance Fund is grounds for refusal to provide a number of benefits.

The amount of payments for maternity leave is directly affected by contributions to the Social Insurance Fund

It is possible to conclude an agreement by writing a corresponding application. Along with it, you will need to present the constituent documents of the individual entrepreneur and a passport. Five days later the answer comes. If it is positive, then it will be necessary to make deductions in accordance with the requirements of the law.

Important . Late submission of reports and violation of payment deadlines is a violation of the law. As a result, the entrepreneur is issued a fine. All contributions to the Social Insurance Fund accounts must also be indicated in the 3-NDFL report for the Federal Tax Service. This will reduce the tax base. We will talk in more detail about the fines that threaten for non-payment of insurance premiums or for late submission of reports below.

Penalties on insurance premiums

Maternity leave

Maternity leave is divided into two components:

1. Maternity leave.
2. 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:

1. 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.
2. 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.
3. 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.
4. 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: Vacation from Thursday: when to pay vacation pay (2021)

Other people, including the father, can begin caring for the child if the mother's poor health is accompanied by the following measures:

1. During hospitalization. If the father is nearby, in this case he takes responsibility for the child.
2. If the baby and the woman get sick at the same time.
3. 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:

1. The pregnant woman took advantage of her legal right and took maternity leave.
2. 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:

1. 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.
2. 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:

1. The caregiver himself is employed.
2. 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:

1. Open while on regular paid leave.
2. 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:

1. Sick leave after maternity leave or issued at the end of it.
2. 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.

What documents will be required to receive payment?

In order to calculate payment for sick leave after maternity leave in 2021, you will need to submit the necessary documents. The law does not stipulate the need to present additional papers. To pay for sick leave, you only need the temporary disability certificate itself. The document is filled out by a doctor in accordance with the requirements of Order of the Ministry of Social Development of Russia No. 624n dated June 29, 2011

. The sheet must reflect the following information:

• name of the institution that issued the document;
• date of provision of the certificate of temporary incapacity for work;
• information about the citizen in respect of whom the paper was issued;
• employer information;
• information about the disease and duration of temporary disability;
• information about the specialist who filled out the sick leave;
• date of the citizen's return to work.

The completed document must be submitted within six months from the date of its closure. The rule is enshrined in paragraph 1 of Article 12 of Federal Law No. 255 of December 29, 2006

.
If the deadline is missed, the application for benefits will be rejected. A similar answer will be given if the finished document does not comply with the requirements of Order of the Ministry of Social Development of Russia No. 624n dated June 29, 2011
.

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:

1. 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.
2. Calculate the individual average salary for one day at the time of submitting the medical document.
3. 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.

What to do with the third option

Sometimes a young mother does not stop working during pregnancy, preferring part-time work or home work. If she pays taxes, she has the right to issue sick leave and receive compensation along with a monthly maternity benefit.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The document is filled out by a doctor after examining a sick child for a period of 60 to 90 calendar days. You cannot receive compensation for temporary disability and maternity benefits at the same time if your mother does not work.

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:

1. If the mother works from home or works part-time at her previous place of work.
2. 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.

conclusions

Sick leave can be paid during maternity leave for a woman only if she combines maternity leave with work.

If the illness is serious and the mother cannot continue caring for the baby, then the father can issue a form.

If there is more than one child in the family, then if the older one falls ill, the father has the right to take sick leave for him while the mother is on maternity leave with the younger one.

In all other situations, a ballot is not issued either due to personal illness or because the baby is ill.

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.

Answers to frequently asked questions on the topic “Sick leave after leaving maternity leave in 2021”

Question 1.

In January 2021, I started work after maternity leave. In March I had to take sick leave due to illness. I was paid an allowance, but no one asked me which years to count on. Did the accountant do the right thing?

Answer 1.

The employee has the right to request a change in years for calculating temporary disability benefits. However, she must express her desire in writing. Otherwise, when calculating sick leave, the accountant has the right to take as a basis the minimum wage or 2 years preceding the occurrence of an insured event in connection with maternity.

Question 2.

How much will I be paid for sick leave due to my child’s illness? My experience is 12 years, my child is 10 years old.

Answer 2.

If the child was treated in a hospital, then you are entitled to a benefit of 100% for each day. Remember that benefits are calculated based on your average daily income. If the child was treated at home, then for the first 10 days you will receive 100%, and for the following days only half the amount.