Sick leave before maternity leave: how many days can you take, does the certificate of incapacity for work before maternity leave affect the amount of payments and benefits for pregnancy and childbirth?

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The basis for calculating the amount of sick pay is the employee’s actual time worked . Thus, the accounting department calculates the average payment amounts, the amount of which does not include vacation and sick pay for the calculation period. Based on this, early departure will affect the payment of sick leave.
In the future, the amount of child care benefits paid depends on how much time the woman actually works. It should be remembered that each time you go on vacation or sick leave before maternity leave in the billing period will reduce the amount of the benefit.
If the vacation is postponed until the end of maternity leave, the expectant mother will not go to work; instead, she will go on paid leave after the day of departure. This situation involves working until the thirtieth week , in the case of a normal pregnancy, and receiving wages.
If a girl wants to replace unused vacation days with monetary compensation, the employer will be forced to refuse her this. Because this is contrary to the law.
The employee has the opportunity to take leave in advance for the year in which she is expected to return from maternity leave. In this case, she will be forced to go back to work after maternity leave and work for a whole year without rest during the adaptation period. It’s hard not only physically, but also mentally.

Should I leave early or work until my due date? This question often arises when a pregnant woman goes to work in the morning in a great mood, but after a couple of hours she feels extremely tired or is bothered by any symptoms. I want to finish my workdays early, relax at home, start preparing the family nest for the arrival of a child and, finally, not get up early in the morning.

Work or leisure?

In addition to the positive aspects, there are also negative ones, which for some can become a serious obstacle to relaxation; they mainly relate to the financial side of the issue. But sometimes circumstances are such that finances take a back seat when it comes to the health of the expectant mother and baby.

Unofficially, both types of leave are called maternity leave, but more often the first of them, although the official name “maternity leave” does not exist. The calculation of maternity benefits, the payment procedure, and so on are stipulated in the Federal Orders of the Ministry of Social Protection of the Population. Changes to current legislation are made almost every year, as there is a need to combat fraud in the payment of benefits.

What is maternity leave

Despite the fact that a reduction in the duration of maternity leave is not provided, and the employer does not have the right to demand that the employee either go to work earlier or go on leave later, there are cases when maternity leave is shortened (which, of course, affects on how maternity benefits are calculated).

Reducing maternity leave

It is believed that, having become pregnant, an employee registers with a medical institution, undergoes an examination, and closer to the expected date of birth, her doctor issues a certificate of temporary incapacity for work, which will indicate the duration of the leave. According to labor law, seventy days are required before childbirth and seventy days after it.

The lump sum benefit is calculated at the place of work of one of the parents. If one of the parents is employed and the other is not, then only an employed person can apply for payment. If both parents do not officially work or are individual entrepreneurs, the benefit is paid after contacting the social security authorities.

When calculating maternity benefits, a woman’s income for the previous two years is taken into account. In 2021, the woman's earnings for 2021 and 2021 will be included in the calculations . If a woman went on maternity leave in December 2021, then the calculation periods would be 2021 and 2021.

Maternity payments in 2021

But after the child reaches three years of age, all established payments stop, and therefore the family may find themselves in a difficult financial situation. To prevent this, the President proposed introducing monthly additional payments for families with children from 3 to 7 years old. Moreover, such payments are supposed to be introduced “retroactively”: already from January 2020.

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Only women who were fired due to the liquidation of the employer’s enterprise or the termination of the activities of an individual entrepreneur can count on benefits. But only if the employment contract was terminated within 12 months before the woman was declared officially unemployed by the employment service.

This rule does not work if the employment contract was concluded for the duration of the duties of an absent employee, for example, during the maternity leave of another employee. In this case, if the organization does not have suitable vacancies, the woman may be fired on the day of childbirth, and maternity leave may not be paid.

How much can you get for maternity leave?

They work officially.
They have the status of an individual entrepreneur and pay voluntary contributions to the Social Insurance Fund.
They are engaged in private practice and pay contributions to OSS. These are, for example, lawyers, notaries and arbitration managers.
They perform military service under a contract.
Are in state or municipal service.
They are law enforcement officers.
They study full-time at universities, colleges, technical schools, schools and scientific organizations. Paid or free, it doesn't matter.
Dismissed due to the liquidation of the employer and registered with the employment service within a year.
Adopted a child under three months old and meets one of the requirements listed above. At the same time, during surrogacy, the biological mother is not paid for maternity leave.
Sentenced to imprisonment and assigned to paid work.

Income tax is not taken from maternity leave, and the citizen will receive it in full. What other monetary payments are due to an individual entrepreneur in connection with the birth of a child: a one-time payment, as well as an accrual for registration in the first trimester of pregnancy of about 680 rubles.

Is it possible to register disability before leaving?

According to the law, working pregnant women can take sick leave in the following cases:

Illness associated with pregnancy. These include deterioration in well-being, difficulties with pregnancy, and potential risks associated with the safety and health of mother and child. This also includes staying in a hospital to maintain pregnancy, preventing premature birth due to working conditions, and any complications during the period of bearing a child.
Loss of ability to work for reasons not related to pregnancy. These are all the reasons why a certificate of incapacity for work is given to non-pregnant women.
Disability.
Multiple pregnancy and the desire to go on maternity leave earlier. Women carrying two or more children at a time can go on maternity leave earlier.

Taking sick leave if you feel unwell and there are risks for the proper course of pregnancy is not only possible, but also necessary. A certificate of incapacity for work for reasons related to pregnancy is issued at the antenatal clinic where the woman is being observed.

For all other questions, the expectant mother can contact a regular clinic.

For example, if you have a cold, runny nose, injury or other reasons not related to gynecology, you need to go to the clinic and get a certificate of incapacity for work from a therapist.

If you feel unwell about your pregnancy, you should go to your gynecologist.

For an employer, it will look like this: a woman does not work for a month, and then brings 2 different sick leaves from different organizations. They will be paid according to length of service, and calculated as amounts for payment of regular sick leave.

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Is it possible to open a sick leave during maternity leave?

How many days can I take?

The validity period of sick leave usually does not exceed 15 calendar days, but during pregnancy, the number of days can be increased.

Important! It depends on the complexity of the case and the condition of the expectant mother. The extension is carried out according to the conclusion of the medical commission for the period until complete recovery.

For employees recognized by a medical commission as disabled, sick leave is provided for a period of 4 months during one continuous certificate of incapacity for work or 5 months during the year in total.

In addition to your own condition, you can apply for a paid sick leave certificate for the following reasons:

Baby care. Up to 7 years of age, the entire period of the child’s illness is paid, from 7 to 15 years old - 15 days, from 15 to 18 years old - 7 days.
Caring for a disabled child. The entire period of illness is paid.
Care for an elderly relative - 7 days with possible extension.

Does it affect maternity benefits?

Maternity payments are an important issue for almost all expectant mothers.
After all, this is exactly the money that a woman can count on during sick leave for pregnancy and sale, as well as on maternity leave for up to a year and a half after the birth of a child.

The calculation of maternity payments is affected by wages for the previous 2 calendar years; the current year is not taken into account.

A rough calculation looks like this: the employee’s total income for the last two years is taken, from which all sick leave, sick leave for caring for children and relatives, compensation payments, and paid work for which no contributions were made to the Social Insurance Fund are subtracted. Based on the resulting amount, maternity benefits and child care benefits are calculated.

Therefore, each sick leave taken, each period of disability affects the calculation of not only the amount of a lump sum payment for pregnancy and childbirth, but also subsequent benefit payments during parental leave for up to 1.5 years.

Important! Sick leave will affect benefits only if it falls within the billing period - 2 calendar years before the year of maternity leave.

In this case, days of incapacity for work will be excluded from the calculation, and the accrued maternity benefit will not be included in the total earnings. Ultimately, this will not affect the amount of the benefit in any way; its amount will not be underestimated.

If the certificate of incapacity for work is issued in the current year before the start of maternity leave, then it will not have any effect on the calculation of benefits, since the current year is not included in the calculation period.

Calculation examples

Example 1: A pregnant woman goes on maternity leave from March 15, 2021; before leaving, she issues a sick leave certificate for health reasons for 15 days - from February 28 to March 14, 2019.

The hospital benefit is 19,000.

In this example, the completed sheet will not have any effect on the calculation, since earnings will be calculated for the period from 01/01/2017 to 12/31/2018.

Example 2: A pregnant woman takes maternity leave from January 25, 2021, sick leave is issued from December 1 to December 15, 2021, sick leave benefits are 19,000. Earnings for 2021 are 520,000, for 2021 – 590,000.

Calculation:

The billing period is 2017-2018, which includes sick leave taken before maternity leave.

Sick pay of 19,000 is not taken into account in total earnings = 520,000 + 590,000 = 1,110,000.

Sick leave days are excluded from the calculation of daily earnings = 1,110,000 / (731 – 15) = 1,550.28.

Allowance = 1550.28 * 140 = 217039.20.

Birth benefits for women registered as individual entrepreneurs

In order to find out the amount of maternity payments you must enter the period of pregnancy and childbirth and your salary for the previous two years . For a more accurate calculation, it is necessary to exclude periods of temporary disability

Online calculator of maternity payments and child care benefits

All women, regardless of their labor status, are entitled to a one-time benefit from the state when they go on maternity leave. It is paid to those who paid contributions to the Social Insurance Fund. If a woman individual entrepreneur goes on maternity leave, but has not paid contributions to the Social Insurance Fund, then she cannot count on maternity benefits.

According to the law, you cannot receive a salary and maternity benefits at the same time. If a woman decides to continue working after 30 weeks, then she does not formalize anything and continues to work, receiving a salary. As soon as he decides to leave, he provides documents, and the employer pays benefits.

Let’s assume that the total income for 2 years was 960,000 rubles (with an average salary of 40,000). We divide this amount by 730 (the number of days in the period). We get 1315 rubles. Multiply by 140 (number of vacation days). We get 184,109 rubles. Please note that the calculation includes all payments, including bonuses and incentives.

Subtleties of calculating maternity benefits

A one-time benefit is paid on sick leave. Photo: rsloboda.ru

sick leave for the entire period of incapacity;
certificate of registration at the antenatal clinic in the early stages of pregnancy (up to 12 weeks);
statement;
certificate of income for the last 2 years of work in form 182n (if during this period a woman changed several employers, then a certificate is needed from each);
identification document (if requested);
bank account or card number for transferring funds (if requested).

A woman can count on maternity leave in full, regardless of how many days she actually used before giving birth. For example, she gave birth a few days after the maternity leave was issued. The duration in this case is the same 140, 156 and 194 days.

Please note => Sample employment contract for temporary work sample

How the amount of sick leave and maternity leave will change in 2021

Mom came out on top

The maximum amounts of child benefits, maternity benefits and sick leave will increase next year. The Social Insurance Fund (SIF) told Rossiyskaya Gazeta about this.

Four types of benefits related to maternity are paid from the Social Insurance Fund. Two of them depend on the average earnings of the insured person for the billing period, the fund notes. These include maternity benefits and a monthly child care benefit for up to one and a half years.

The other two benefits are paid in the amount established by law - their amount is fixed and does not depend on the size of the mother’s salary before the birth of the child. These include a one-time benefit for the birth of a child, a one-time benefit for women who register with medical organizations in the early stages of pregnancy.

So, if a woman becomes a mother after January 1, 2021, then her maternity benefits, as well as child care benefits, will be calculated based on her salary for the two previous years - 2018 and 2021. To calculate the amount of benefits, the maximum bases for calculating insurance contributions to the fund for these particular years will be taken: 815 and 865 thousand rubles per year, respectively (67.9 and 72 thousand per month).

Thus, the maximum amount of maternity benefits for 140 days of vacation will be 322,191 rubles 80 kopecks. The maximum monthly child care benefit is 27,984 rubles 66 kopecks per month.

Of course, if a woman earned less, then her contributions to the Social Insurance Fund were also less, which means that benefits would be paid in a smaller amount.

The maximum amount of maternity benefits will increase to 322 thousand rubles for 140 days of leave, child care benefits - to almost 28 thousand per month

The amounts of one-time benefits for the birth of a child and benefits for women registered in the early stages of pregnancy will be 17,479 and 655 rubles, respectively.

The maximum amount of temporary disability benefits next year will also increase - from 2150.68 rubles per day (or from 64.5 thousand per month) this year to 2301.36 rubles per day (or 69 thousand rubles per month).

From January 1, 2021, the maximum base for calculating insurance contributions for compulsory social insurance will increase to 912 thousand rubles, which will affect the amount of employers’ contributions to the Social Insurance Fund and the amount of maximum benefits for compulsory social insurance in 2021.

By the way, not only mothers, but also fathers and even working grandparents can take “maternity leave” and receive child care benefits from the Social Insurance Fund. According to the Federal Social Insurance Fund, every fiftieth father in Russia goes on parental leave to care for a child up to 1.5 years old instead of his wife.

In total, 13.7 thousand men and 670 thousand women took such leave last year. Thus, the share of men on maternity leave was 2%.

In fact, significantly more mothers and fathers are on parental leave. You can see which parent has applied for it only in those regions where the pilot project “Direct Payments” is being implemented (when benefits are paid not through the employer, but directly from the social insurance fund). In 2021, 39 regions participated in it, so these figures (13.7 thousand men and 670 thousand women) relate only to them.

"Russian newspaper"

Read the material at the link:
https://rg.ru/2019/11/13/kak-izmenitsia-razmer-bolnichnyh-i-dekretnyh-v-2020-godu.html

Calculation of maternity leave for certain categories of citizens

Income for 2 years includes all types of income from which social insurance contributions were transferred: basic and additional earnings, bonuses, vacation pay, etc. If a woman goes on maternity leave in 2021, then 2021 and 2019 will be taken into account.
If during these 2 years a woman had no earnings or it was below the minimum wage, which is established at the federal level on the day she went on maternity leave, then the average earnings are assumed to be equal to the minimum wage.
If the total length of service is less than 6 months, then the amount is calculated based on the minimum wage.
If a region is included in the list where the regional coefficient is applied, then the average earnings increase by its value. Regional coefficients are published on the FSS website.

FSS calculator

Example 1 (standard conditions). Ekaterina received 35,000 ₽ monthly during 2021, and 40,000 ₽ in 2021. Over the years I have not been on sick leave or any other maternity leave; I worked full time. In 2021, I went on maternity leave for 140 days.

In addition, labor legislation provides a list of jobs and vacancies for which a long duration of regular and paid rest is recorded. An employee can add the main and additional days before maternity sick leave and use them together.

The employee has the right to independently choose the time of the vacation period - before receiving a certificate of incapacity for work for pregnancy and childbirth or after it. This possibility is guaranteed by Art. 260 Labor Code.
Applications for leave before maternity leave can be submitted regardless of length of service in the organization. According to the general rule, each ordinary employee can claim 28 days of annual and paid time off. It is generally accepted that for every month worked, two days are accumulated. But women before the maternity period can receive more rest than the accumulated months worked in the current year (Article 122 of the Labor Code).
The number of days of maternity sick leave cannot be regulated by the employer or the pregnant woman herself. Its duration is clearly established by law. The only legal basis for a longer maternity leave is complications during childbirth (Article 255 of the Labor Code of the Russian Federation).
The distribution of the priority of rest among employees occurs in accordance with the vacation schedule. The maternity leaver has the right to make adjustments to the current schedule after its approval (Article 123 of the Labor Code of the Russian Federation).
The employer must transfer the accumulated days to future periods if there is such a statement from the employee (Article 124).
It is prohibited to hire or call women to work before maternity leave.

Is it possible to take annual leave before going on maternity leave under the labor code?

Sick leave for pregnancy and childbirth (in common parlance, maternity leave) is a period of time during which a woman still receives wages, but already has legal grounds for exemption from performing labor duties. The reason is the imminent birth of a child (70 days before the date indicated by the gynecologist) or the birth of a baby (84 days after birth). You can increase the length of rest if you take a vacation before maternity leave.

A fairly significant advantage of using the next vacation before going on maternity leave is the material benefit. Many women use this option to get not only additional rest time, but also money before giving birth.

Advantages of vacation before maternity leave

An employee can take annual paid leave before maternity leave regardless of length of service, vacation schedule or other rules of the organization in accordance with Articles 122-123, 260 of the Labor Code of the Russian Federation. The leave must be granted by the employer without cancellation , unless the employee has taken it earlier in the year, and payment must be received three days before leaving for the leave period without any changes.
If the work experience in the current company is six months or less, the pregnant woman can write a written statement according to which she must be released . But in this case, the number of vacation days is calculated with a coefficient of 2.33 .
It is worth noting that the legislation of the Labor Code of the Russian Federation enshrines a provision on the impossibility of paying vacation and maternity benefits at the same time . It is for this reason that if a decision is made to leave ahead of schedule, a woman needs to calculate exactly what time to do this so as not to lose money. To do this, you need to know that in a normal pregnancy, 70 days are counted before the expected date of birth; if the pregnancy is multiple, or there are any complications, then 86 days.
In order to avoid unpleasant and unforeseen circumstances, the date of the proposed vacation must be agreed upon with the manager, since each organization has its own individual schedule. Thus, a woman who writes an application at least 14 days before the intended vacation will receive its approval in the absence of grounds for refusal.
There are cases when an employee has already used her annual leave in the current year, then the employer is not obliged to provide the opportunity to go on paid leave. There are several options for solving this situation. Firstly, it is possible to take it at your own expense, but it is not necessary to take all 28 calendar days, the main thing is not less than 14 . This option is suitable for girls whose finances allow them to take a vacation. Secondly, the expectant working mother has the right to apply for disability leave. The basis is an official document - “Sick leave for pregnancy and childbirth”. To draw up this document, you need to contact the medical board at the antenatal clinic at the place of observation.

Another vacation after maternity leave. Peculiarities

If leave is taken immediately after the end of sick leave, then the duration of parental leave is proportionally reduced. For example, if a woman decides to take annual leave for 14 days, then leave up to 1.5 years will be reduced by the same 14 days
After the end of sick leave, vacation is usually taken by those employees who plan to return to work. In this case, another working relative of the woman is granted maternity leave.

Documents for registration of the next vacation

Issues of annual leave for this category of employees are regulated by Article 260 of the Labor Code of the Russian Federation. According to accepted standards, a woman who has the right to receive leave for the current period can take it off immediately before or after maternity leave. The vacation period does not depend on the vacation schedule. At the same time, the employer cannot, for any reason, refuse to provide such leave to an employee, even if she has worked for less than six months or the leave was provided in advance.

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To correctly calculate maternity payments, let’s turn to the procedure established by law. To begin with, we note that the period for which a one-time maternity benefit should be calculated is 140 days, for a multiple pregnancy - 194 days, and for a difficult birth - 156 days. All this is reflected in Art. 10 of Federal Law No. 255-FZ. It also says that in the case when a woman is on leave to care for an already born child and is about to give birth to another, she needs to choose only one of the two benefits provided.

Disadvantages of vacation before maternity leave

The basis for calculating the amount of sick pay is the employee’s actual time worked . Thus, the accounting department calculates the average payment amounts, the amount of which does not include vacation and sick pay for the calculation period. Based on this, early departure will affect the payment of sick leave.
In the future, the amount of child care benefits paid depends on how much time the woman actually works. It should be remembered that each time you go on vacation or sick leave before maternity leave in the billing period will reduce the amount of the benefit.
If the vacation is postponed until the end of maternity leave, the expectant mother will not go to work; instead, she will go on paid leave after the day of departure. This situation involves working until the thirtieth week , in the case of a normal pregnancy, and receiving wages.
If a girl wants to replace unused vacation days with monetary compensation, the employer will be forced to refuse her this. Because this is contrary to the law.
The employee has the opportunity to take leave in advance for the year in which she is expected to return from maternity leave. In this case, she will be forced to go back to work after maternity leave and work for a whole year without rest during the adaptation period. It’s hard not only physically, but also mentally.

Calculation of maternity payments

Income for the previous 2 years does not include payments for sick leave, prior maternity leave, as well as payments made for any other periods during which statutory insurance premiums were not charged on income received. If it so happens that the employee was on maternity leave during the previous 2 years required for calculation, then she can completely replace one or both calculation years with previous years. This way she can increase the benefit amount. That is, in this case, she has the right to choose the years for which her maternity leave is calculated.

How are maternity benefits calculated?

The employee’s income for the previous 2 years (if, for example, the calculation is made in 2021, then 2021 and 2021 are taken).
The number of days in this period (730 or 731 days if the year was a leap year).
The number of maternity days required for calculation (140, 156, 184).

In this situation, the employee did not work during the calculation period for vacation. Based on clause 6 of the provision “on the specifics of the procedure for calculating average wages,” the previous period when the time worked was taken into account.

The order of vacations is approved by the employer. Therefore, you need to obtain formal permission from management (since you do not have the right to refuse) by writing an application for the next paid leave not according to schedule. The application indicates the reason for the transfer - going on maternity leave. Based on this application, the organization generates an order and makes changes to the vacation schedule.

Leave before maternity leave

Then, based on the certificate of incapacity for work, maternity benefits will be calculated. Maternity benefits for women with at least six months of insurance coverage are determined based on 100% of average earnings. The calculation period for calculating average earnings for calculating maternity benefits is defined as two calendar years preceding the year in which the insured event occurred.

First of all, pay her everything that is due: the sooner you apply for compensation to the Social Insurance Fund, the better. Next, it makes sense to discuss her plans with the expectant mother - you must understand how long you will need a new employee. In addition, it makes sense to discuss the possibility of remote work: many girls are happy to work from home, receiving a salary in proportion to their results. As a result, you do not lose an employee, but she gains additional income - everything is in the black.

A working parent can go on parental leave until the child reaches one and a half years of age. The exact amount of the benefit is quite difficult to calculate; it is influenced by the following factors:

Losing money

The Labor Code of the Russian Federation clearly states: the employer does not have the right to fire a woman who is on maternity leave or child care leave. However, there are a few exceptions to this rule:

12 Feb 2021 marketur 71

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Registration procedure

Leave can be obtained before going on maternity leave according to a pre-planned scheme, which includes the following sequence of actions:

You need to determine the time you want to take as vacation. If you take the main vacation, then for each month worked in the year you are entitled to 2.33 days of vacation. But this is only the main part of it. In addition to this, certain days may be due, the provision of which is decided by the employer himself. If necessary, you can use advance leave and take it if the main one has already been used.
The start of the vacation, as well as its duration, is best agreed upon with the manager. But it’s best to do this in advance so that he can distribute the load and do everything possible so that the production process does not change in any way. In this case, he will transfer all powers to another employee. When the employer decides to refuse you, then you can remind him that the woman has the right to this leave and it cannot be limited. Otherwise, you can contact the State Labor Inspectorate.
Each organization has its own rules and subtleties when writing a vacation application. They must be taken into account when drawing up the document and submitting it to the manager. The desired time for writing the application is no less than two weeks before the date of vacation.
The basis for going on leave is an accepted order about it. All you have to do is receive your vacation pay and start relaxing.

But if we are talking about pregnancy, then all the documents confirming this fact are also important. Obtain a certificate from your attending physician stating not only the fact of pregnancy itself, but also its duration.