When is maternity leave extended under BiR?
The technology and rules for extending maternity leave on the basis of additional sick leave for pregnancy and childbirth are regulated by the established norms of the current Legislation of the Russian Federation.
In this case, Federal Law No. 255 plays a decisive role. The legislative act reflects a list of circumstances, upon the occurrence of which the leave due to employed employees in connection with pregnancy and childbirth may be extended.
The documentation also indicates the period for which the maternity leave may be extended. For the birth of one child, 16 additional days are added to the vacation time.
In case of multiple pregnancy - 40.
Maternity leave can be extended only due to certain reasons. The employee must provide the employer with a document that serves as confirmation of the need to increase the rest time - an additional sick leave sheet, which indicates the number of days for which the vacation according to the Labor and Social Regulation is extended.
A sick leave certificate of this type can be obtained in the following institutions:
- Women's consultation;
- public clinic;
- maternity ward.
In most cases, the need to extend maternity leave arises due to complicated childbirth. An equally common circumstance is the operation of a caesarean section.
The list of complications that give the right to an extension includes the following factors:
- the birth of 2 or more babies;
- loss of a significant amount of blood during delivery, resulting in anemia;
- serious uterine or perineal rupture (3rd degree);
- problematic dismemberment of the pubis;
- development after childbirth of various diseases:
— mastitis of purulent type;
- endometritis;
- thrombophlebitis;
- inflammation in the abdominal cavity.
In addition, women with chronic health problems can apply for an increase in maternity leave. Among these it is necessary to highlight:
- heart disease;
- impaired hemodynamics;
- rheumatism;
- all types of diabetes;
- hypothyroidism;
- Werlhof's disease;
- lymphogranulomatosis.
If a new mother suffers from a disease that is not included in the above list, the decision to extend maternity leave under the BiR is made by a special medical commission.
This period can only be extended if there are compelling circumstances. Unlawful issuance of certificates of temporary disability is a violation of the Legislation of the Russian Federation.
What is the deadline for submission?
The basis for extending leave is sick leave. In this case, it should be compiled in 2 versions - main and additional. It is important to promptly notify the management of the enterprise where a woman who has recently given birth works about the need to extend maternity leave due to complicated childbirth.
For this purpose, she must fill out an appropriate application. This must be done immediately after receiving the extended certificate of incapacity for work. Documents can be submitted in person, through a representative or by mail. The procedure for increasing vacation time is regulated by Article 255 of the Labor Code of the Russian Federation.
If, for some valid reason, the employee can only notify the employer orally, the application and sick leave are transferred to the latter at the first opportunity of the woman. Please note that submitting an application is optional. In most cases, this responsibility is enshrined in the company's internal regulations.
How to write correctly?
The application of the specified sample is drawn up in free form. There is no unified form for filling it out in the Labor Legislation of the Russian Federation. For writing, the employee has the right to use a blank sheet of A4 paper.
The document must reflect the following information:
- the name of the company and the initials of its director;
- Full name and position of the applicant;
- full title of the application;
- a note on supporting documents serving as the basis for extending the decree under the BiR;
- expected start and end dates of vacation time in accordance with additional sick leave;
- date of application;
- employee's signature.
After receiving the documentation, HR department specialists examine the correctness of the sick leave and application. If there are no errors or questions, an order is issued.
It is compiled in several copies. One of them remains with the employer, the other is transferred to the Social Insurance Fund. Based on this paper, the employee is assigned benefits for an additional 16 days, and some changes are made to the working time sheet.
for 16 days of maternity leave for complicated childbirth
filling out an application to extend maternity leave for complicated childbirth by 16 days - word.
Leave periods for the birth of children
Legislatively in the Russian Federation, exemption from work (leave) for caring for newborn children is established within 3 years , despite the fact that in the second 1.5 years the parent is paid a reduced amount of funds only in the form of compensation (Decree of the President of Russia No. 1110, 05/30/1994).
The period of release from employment is divided into parts:
- prenatal (based on a medical document on temporary disability issued to a woman during pregnancy and in connection with childbirth);
- postpartum (including time for caring for a newborn after birth until he reaches 1.5 years of age and after the specified age until he turns 3 years old).
A woman who has given birth retains her job for the entire time she is on official leave.
A woman who has given birth to 2 children has the right to remain on maternity leave until the children are 3 years old, while maintaining a job and work experience (Federal Law No. 173, December 17, 2001).
Important! Official employment before the birth of the baby allows, taking into account the situation, the extension of maternity leave for almost every woman who has given birth. Download for viewing and printing:
Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation”
Decree of the President of the Russian Federation of May 30, 1994 N 1110 (as amended on July 1, 2014) “On the amount of compensation payments to certain categories of citizens”
Deadlines for payment of benefits for additional days
To pay for 16 days of sick leave issued in connection with pregnancy and childbirth, a certain time frame has been established for crediting the corresponding maternity benefit to the employee’s account.
Financial assistance must be assigned to a woman within 10 days from the date of filing an application to extend vacation time. This rule is regulated by Federal Law No. 255.
It should also be noted that funds must be paid on the established day of salary transfer.
Despite the fact that the topic of payment of benefits is under the control of the state, company leaders often violate the established rules. If violations are detected, working citizens should complain to higher authorities. If it is confirmed that illegal actions have been committed, the company's management may be held accountable.
Reasons for extension
Paragraph 46 of Order No. 624 of the Ministry of Health and Social Development of 2011 states that disability leave is granted to an employee for a period of 140 days during a normal pregnancy and for 194 days during a pregnancy with at least twins. Paragraphs 47 and 48 of the same Order established that in some cases sick leave can be extended. Thus, the period of sick leave increases by 54 days if during childbirth it turns out that the pregnancy was multiple. Sick leave can be extended by 16 days in case of complications during pregnancy or childbirth. Instruction of the Ministry of Health No. 01-97 of 1997 classifies the following as complications:
- Birth of two or more babies;
- Eclampsia, nephropathy and preeclampsia caused by pregnancy and (or) childbirth;
- Carrying out operations during childbirth: caesarean section, fetal rotation, fetal destruction surgery, and so on;
- Secondary anemia caused by blood loss;
- Tissue rupture of at least degree 3;
- Purulent mastitis, thrombophlebitis, endometritis, various types of inflammation caused by childbirth;
- The presence of extragenital diseases, as well as diseases of the heart and cardiac vessels in the parent, which she had before pregnancy;
- Premature labor and/or birth of a premature baby.
To extend sick leave, the medical institution issues a new certificate of incapacity for work, in which it indicates that it is a continuation of sick leave. To do this, in the line “Cause of disability” the digital designation “05” (sick leave for pregnancy) and “020” (extension of sick leave) is placed. An independent, separate certificate of incapacity for work is not issued by the medical institution. However, if the woman was nevertheless issued a new sheet without indicating that it is a continuation of the previous one, the employer must also accept it for credit.
conclusions
In case of complicated childbirth, an officially employed woman who has recently become a mother can apply for an extension of leave under the BiR. Additional rest time ranges from 16 to 40 days. Its exact duration depends on the reason why this need arose.
To increase vacation time, the employee must provide the necessary documentation - an application and sick leave. Based on the received papers, the company’s management extends the vacation and assigns payment of benefits.
Documents when applying for maternity leave
Before going on leave for pregnancy and subsequent childbirth, an employee must provide the employer with an application for leave and a medical certificate about pregnancy.
After the birth of the baby, the following should be submitted to the personnel department at the place of work:
- a separate application for exemption from work until the newborn reaches 1.5 years of age (with a copy of his birth certificate attached);
- an application for caring for a minor family member after 1.5 years until the age of 3 years (if the specified period is used), indicating the clause on the intention to receive budget compensation;
- application for vacation at your own expense (if you plan to use the last 1.5 year interval available to a number of categories of parents) with the obligatory indication of a valid reason.
There is no separate application to receive a one-time benefit in connection with the birth of a child. Payment of funds is made on the basis of a document for release from work received from the pregnant employee.
Advice! If it is planned to use the entire period available for vacation (3 years), then, at the request of the applicant, the total amount of due payments can be divided not into 18 months (1.5 years), but into 36 months (3 years).
In some cases, an employer may object to extending childcare hours beyond the age of 3. In this case, the employee must provide at the place of work a decision of a medical commission or another official document (medical) confirming the need to continue home care for a minor family member.
Deadlines for submitting documents for additional sick leave and benefits for complicated childbirth
The registration of sick leave is carried out by the chief physician , and the registration of benefits is carried out by the employer or the social security service (if the citizen was fired).
A woman must contact them in person, with all the collected documents.
There is no clear deadline for submitting documents to extend sick leave. If you were undergoing inpatient treatment in a medical institution, your sick leave will be extended automatically. If you came to see a gynecologist, the sick leave will still be extended by the head physician.
As for the deadlines for obtaining benefits, there are none. As soon as a citizen has a completed certificate of incapacity for work, she must send it to the employer. It usually indicates what the period of maternity leave is. The sooner a woman submits the document, the better.
The employer must recalculate payments and indicate in its documents that the employee will be on sick leave longer.
Recovery after complicated childbirth, extension of sick leave and payment for it
The law takes into account the fact that childbirth is almost impossible to control , and it can proceed in any way. An unplanned caesarean section often occurs, or a woman acquires some disease as a result of childbirth. Based on this, it will be advisable to review certain cases and familiarize yourself with the renewal deadlines.
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Any manager is aware that an employee who is preparing to become a mother soon will go on maternity leave in the thirtieth week of her pregnancy. This is prescribed in regulations, and it becomes more and more difficult for an employee to fulfill her job duties every day.
