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.
How is maternity leave paid after dismissal in 2021?
As noted above, only women of liquidated employers can receive B&R benefits after dismissal, provided that the unemployed status was received within a year from the date of dismissal.
According to paragraph 1 of Art. 13 of Law No. 255-FZ of December 29, 2006, a woman cannot receive benefits under the BiR within 30 days after dismissal. However, there are exceptions to this rule established by clause 14 of the procedure approved by order No. 668n. After dismissal, benefits can be paid if the maternity leaver quit due to:
- with caring for a disabled person of the 1st group or a sick family member;
- transfer of the spouse to another area;
- a disease that prevents living in the region.
If the employee submitted her resignation while on sick leave, the benefit must be paid in full.
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.
Who can give?
Who can give sick leave for pregnancy?
Upon discovering her interesting situation, a woman should contact a gynecologist at her home address and register for pregnancy at a medical institution.
Many people use the services of private clinics, while others prefer public ones.
It doesn’t matter in what form your pregnancy is monitored, the main thing is that your condition is monitored by a qualified doctor .
In addition, a pregnant woman is examined by other specialists, who, if any abnormalities are identified, may offer sick leave during pregnancy. Such doctors include an endocrinologist, dentist, ENT specialist, ophthalmologist, immunologist, cardiologist.
At the gynecologist
Do gynecologists give sick leave during pregnancy? A gynecologist is a specialist who will manage your pregnancy from the moment it is discovered until the birth itself. Even if the course of your pregnancy is favorable, you will see this specialist very often, because his responsibilities include constant monitoring of your condition . Therefore, if complications and negative factors are detected in the gynecological field, your local doctor has all the authority to issue you sick leave for pregnancy.
The most common reasons for receiving sick leave are:
- toxicosis;
- threat of miscarriage;
- sexually transmitted diseases and infections;
- bad feeling;
- swelling;
- complaints of high blood pressure;
- uterine tone;
- pathology of fetal development.
Even if the reason for your complaint is not of a gynecological nature, the gynecologist observing you gives you a referral to visit a specific specialist who can determine the severity of the ailment and, if possible, issue you a certificate of incapacity for work.
At the therapist
How to take sick leave from a therapist during pregnancy? Despite the fact that the general practitioner does not constantly monitor pregnant women, he is still authorized to issue sick leave certificates if there are grounds for this.
During pregnancy, women are examined by various medical specialists, after which the general practitioner makes a conclusion about the woman’s condition.
It is not uncommon for cases when the final examination reveals grounds that may threaten the health of the mother and child and the doctor is forced to offer treatment in a medical institution.
These reasons often include:
- exacerbation of allergic reactions;
- cold;
- the presence of chronic diseases, as well as their exacerbation;
- bad test results.
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.
Easy work
What to do if there are no signs of illness or complications, but it is becoming increasingly difficult to work?
Expectant mothers have the right to light work. This is not a certificate of incapacity for work - you will have to go to work, but the load will be significantly reduced. A certificate of the need for light work must be given by a gynecologist, then it is presented to the employer with a corresponding statement. Light work implies the absence of occupational hazards, a reduced schedule if necessary, and more comfortable working conditions for the expectant mother.
Although pregnancy is not a disease, it requires a different regime of work and rest. And if the doctor suggests using a certificate of incapacity for work or a certificate of light work, it is better to listen to his recommendations.
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.
Calculation and issuance of minimum maternity sick leave
Legislators protected maternity leave by setting a lower limit for benefits. Therefore, when calculating payments, the accountant should compare the amount of assigned sick leave with the minimum amount of benefits.
The minimum amount of payment depends on the minimum wage in force on the date of opening of sick leave, and is determined by the formula:
MinP = minimum wage × 24 months. / 730 × CD,
Where:
Minimum wage is the minimum wage established by law. From January 1, 2021, in Russia the minimum wage is 12,792 rubles.
Kd - number of days of sick leave: 140, 156 or 194 days.
Thus, the calculation of maternity sick leave in 2021 in the minimum amount for a sick leave period of 140 days is carried out as follows:
12,792 × 24 / 730 × 140 = RUB 58,878.40
ATTENTION! When calculating the maximum and minimum benefit values, the number of days is always equal to 730 (FSS letter dated 03/03/2017 No. 02-08-01/22-04-1049l).
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.
How to calculate the maximum maternity leave?
The legislation also provides for a limitation on the maximum amount of benefits under the BiR. That is, if an employee’s earnings exceed the established limits, then the payment should be made using limit values that are indexed annually. So, in 2019 the limit was set at 865,000 rubles, in 2020 - 912,000 rubles.
Example
Solovyova O.A. in March 2021 provided sick leave for 140 days under the BiR. Over the past 2 years, the employee was not on sick leave or on vacation at her own expense and her earnings amounted to 1,815,000 rubles: for 2019 - 880,000 rubles; for 2020 - 935,000 rubles. Based on her earnings, the benefit amount will be 347,606.02 rubles. (RUB 1,815,000 / 731 × 140). However, only 340,795 rubles will be paid from the Social Insurance Fund. ((912,000 + 865,000) / 730 × 140). The employer has the right to pay additional benefits up to the real average earnings. But the difference in payments will be considered the employee’s income, from which personal income tax must be withheld and insurance premiums charged on it.
For more information on the issue of personal income tax assessment for maternity leavers, read the material “Are maternity leavers subject to income tax (NDFL)?”
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.
How and with what should I go for treatment while carrying a child?
A certificate of incapacity for work is issued by different doctors and for various reasons. The most common ones are listed below. And also clear instructions are given on how to act in a given situation.
Read about how to take sick leave for a pregnant woman if you are tired of working here.
Can a gynecologist prescribe for toxicosis in the short term?
If a woman suffers from attacks of toxicosis in the early stages and there are serious reasons to worry about her health and the life of the child, then she should immediately contact her local gynecologist and talk about the unpleasant symptoms.
If the obstetrician-gynecologist has identified the reasons why this condition may affect the positive outcome of the pregnancy, then he is obliged to issue a sick leave certificate.
Doctors themselves often talk about the possibility of undergoing treatment for toxicosis in a medical facility. Therefore, if a woman is already registered, she will not have any problems obtaining sick leave for this illness.
The doctor issues a certificate of incapacity for work for the period of time that he considers necessary in a particular case. The maximum period is 15 days.
Will they give it for a cold or ARVI without fever?
A pregnant woman can consult a therapist at a clinic or antenatal clinic. If the patient has symptoms of a cold or ARVI, the doctor has the right to issue a sick leave for a period of 3 to 5 days. If upon a second visit the woman is still sick, the treatment is extended for another 5 days. The disease can occur with or without fever. In the first case, the pregnant woman may be offered hospital treatment.
When and in what other cases is it allowed?
The basis for issuing a certificate of incapacity for work for a pregnant woman may be:
- bad feeling;
- bad tests;
- unsatisfactory results of ultrasound or routine examination.
Depending on the general state of health, treatment is prescribed on an outpatient basis or in a hospital. The maximum period for treatment at home cannot exceed 15 days. The length of stay in the hospital is also determined by the attending physician. It can be extended by another 10 days if necessary.
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.
What are the responsibilities of pregnant women?
Like any citizen of the Russian Federation, a pregnant woman is obliged to comply with the laws in force in our country. But the fact is that in the case of a condition where a girl is expecting a child, it is difficult to determine whether she is faking it or not.
In situations where a pregnant woman deliberately gives a bribe so that the doctor sends her to sick leave, she will be held responsible. Since this is bribery for a deliberately illegal action, in accordance with Part 3 of Article 291 of the Criminal Code of the Russian Federation she faces:
- a fine, a multiple of 30 to 60 relative to the amount of the bribe;
- imprisonment for up to 30 years.
Also, for using a forged document on the basis of Article 327 of the Criminal Code of the Russian Federation, you can be imprisoned for up to 4 years.
Attention! Pregnancy will be considered grounds for mitigation of punishment. However, is it worth the risk?
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.
How often can I take it?
How often a pregnant woman can go on sick leave depends only on her condition. If neither she nor the baby is in danger, and the pregnancy is easy, then there will be no need for it.
If a pregnant woman develops symptoms that pose a danger to her health and the life of the baby, then sick leave can be issued for as long as necessary. It is necessary to contact a specialist who is qualified for a specific disease. An obstetrician-gynecologist can write a referral to the right doctor.
The state has clearly established the deadlines for going on maternity leave, but this does not mean that a pregnant woman does not have the right to go on sick leave before the start of maternity leave. In order to issue a certificate of incapacity for work, there must be clear grounds and appropriate reasons.
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Features of obtaining a certificate of incapacity for work by women in the position of sick leave due to pregnancy
What is sick leave during pregnancy, how can I go on vacation during pregnancy? To make pregnancy as easy and safe as possible, a woman is entitled to sick leave. But what are the features of sick leave for pregnant women?
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