Extension of benefits for pregnancy and childbirth. How to issue an order to extend maternity leave in case of complicated childbirth? Increase in prenatal leave
As a general rule, sick leave for pregnancy and childbirth is issued for 140 calendar days, and for multiple pregnancy for 194 calendar days (clause 46 of the Procedure, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). But sometimes there is a need to extend the sick leave for pregnancy and childbirth.
Grounds for extending sick leave for pregnancy and childbirth
Such sick leave can be extended:
- for 54 calendar days, if already during childbirth it was found that the pregnancy was multiple;
- for 16 calendar days in case of complicated childbirth.
In the event of an extension of sick leave for pregnancy and childbirth, a woman is issued a certificate of incapacity for work, which indicates the code for the reason for incapacity for work “05” (“Maternity leave”) and the additional code “020” (“Additional leave for pregnancy and childbirth”).
Payment of benefits upon extension of sick leave for pregnancy and childbirth
The allowance for additional maternity leave is paid to the employee on the basis of her application and the sick leave provided to the employer (Article 255 of the Labor Code of the Russian Federation).
Calculation and payment of benefits for additional maternity leave are carried out in the same way as for standard maternity leave.
What else needs to be done if the employee has provided sick leave for additional maternity leave
The employer needs:
- issue an order to grant such leave to the employee (form T-6 approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1));
- enter information on additional leave in the personal card of the employee (form T-2
How to issue an order to extend maternity leave in case of complicated childbirth?
Answer
Having considered your question, we can say that the issuance of an additional sheet of temporary disability to the employee indicates that the birth was complicated. This leaflet must be accepted and additional maternity benefits accrued. This is considered as one insured event that occurred during the period of work.
The procedure for applying is the same as when granting maternity leave. The employee writes a statement addressed to the head of the organization with the following content:
“I ask you to extend the maternity leave from 09/12/2013. to 27.09.2013 Reason: certificate of temporary disability 74411254131212, issued on 09/11/2013. Women's clinic No. 10 of the Nakhabinsky district of Moscow.
On the basis of this application and a certificate of incapacity for work, an order is issued to extend the maternity leave, which the employee must be familiarized with against signature. A sample of the order is given below, in the selection of materials of the System.
Thus, in answer to your question, we can say that the employee again needs to write an application to apply for an extension of maternity leave, and in any case, it is necessary to issue an appropriate order, no changes need to be made to the old order.
certificate of incapacity for work issued in connection with pregnancy.
Based on the specified documents, issue a vacation order (by or). Next, familiarize the employee with him under the signature and enter information about the vacation in her.
How to apply for maternity leave if the employee does not have a sick leave
Vacation period
The duration of the leave is determined by the doctor and indicated on the sick leave. It depends on the circumstances under which the pregnancy and childbirth proceeded. So, the duration of the vacation can be:
140 calendar days (generally);
156 calendar days - with complicated childbirth;
194 calendar days - for multiple pregnancy and the birth of several children;
160 calendar days (including 90 prenatal days) - if the employee lives (works) in a settlement that has been exposed to radioactive contamination as a result of the accident at the Chernobyl nuclear power plant (in the area of residence with the right to resettlement), or lives in a settlement that has been exposed to radioactive contamination as a result of the accident at the Mayak production association and discharges of radioactive waste into the Techa River (in the general case).
Such rules are established by paragraphs of the Procedure approved.
For more information about the duration of the vacation, see.
During the period of maternity leave, the employee is supposed to.
Nina Kovyazina,
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
Answer: How to pay maternity benefit
The duration of the vacation is set by the doctor (indicates in). It depends on the circumstances under which the pregnancy and childbirth proceeded.
As a rule, maternity leave starts 70 days before the birth and ends 70 days after the birth. If a woman had a difficult birth (including a multiple pregnancy), then maternity leave is extended. Childbirth that is considered complicated is listed in.
What is the duration of the vacation, see.
General calculation procedure
Calculate the amount of the maternity benefit based on earnings for, which in the general case is two calendar years preceding the year the decree began (parts and articles 14 of the Law of December 29, 2006 No. 255-FZ). In this case, it is necessary to take into account earnings from previous jobs, if any, in the billing period. The employee's income must be confirmed from previous jobs ().
The amount of earnings paid by previous employers must be taken into account when calculating maternity benefits in the organization where the employee works at the start of maternity leave. Provided that contributions to the FSS of Russia were calculated and paid from this earnings ().
If at the time of the start of the vacation the employee works in several organizations, it is necessary to take into account the features of the payment of benefits. See more about this.
If the accountant of the organization doubts the reliability of the information provided on earnings, set out in the certificates of previous employers, he can apply to the Pension Fund of the Russian Federation for confirmation. To do this, you need to submit a request to the territorial branch of the fund at the place of registration of the former employer from whom the information was received, according to and in, approved.
Billing period
The duration of the billing period is two calendar years preceding the year of maternity leave. When calculating benefits for pregnancy and childbirth, the total number of calendar days in the billing period is taken into account. In 2013 it is 731 days (365 days in 2011 and 366 days in 2012).
In this case, the following should be excluded from the calculation period:
periods of temporary disability, maternity leave, parental leave;
the period of release of the employee from work with full or partial salary, if insurance premiums from the salary were not charged.
This procedure is established in parts and articles 14 of the Law of December 29, 2006 No. 255-FZ, Regulations approved, and is confirmed.
These rules do not apply to the situation when the average daily earnings must be calculated based on.
An example of determining the settlement period for paying maternity benefits. The employee did not have calendar days excluded from the billing period
The settlement period for payment of maternity benefits will be from January 1, 2011 to December 31, 2012 inclusive. The billing period will be 731 days (365 days + 366 days).
An example of determining the settlement period for paying maternity benefits. The employee had calendar days excluded from the billing period
In 2012, from March 16 to March 29 (14 calendar days), Ivanova was ill and received temporary disability benefits.
The settlement period for payment of maternity benefits will be from January 1, 2011 to December 31, 2012. The duration of the settlement period will be 717 calendar days (731 days - 14 days).
How to determine the billing period for paying days of additional leave that an employee received in connection with a complicated birth
The billing period for paying for additional maternity leave will be the same period as for paying for the first sick leave.
In conclusion, we note that when calculating benefits based on the minimum wage, the provisions of Article 14 of the Law of December 29, 2006 No. 255-FZ, requiring the use of the actual number of calendar days in the billing period for calculating benefits, and not a fixed number of 730 days, are not subject to application. In this case, the direct norm of the Regulation approved, which does not allow a different interpretation of the calculation, applies.
An example of determining the average daily earnings for calculating maternity benefits. Earnings for the billing period per full calendar month less than the minimum wage
Employee A.I. Ivanova has been with Alpha since February 2013. The organization is located in Moscow. Ivanova's insurance experience is more than six months.
In 2011, Ivanova did not work.
In 2012, the employee worked for another employer, her earnings amounted to 102,000 rubles. (contributions to the FSS of Russia were paid from the entire amount). In addition, in 2012 Ivanova was ill for 20 calendar days and received temporary disability benefits.
In October 2013, Ivanova goes on maternity leave.
The calculation period for determining the average daily earnings when calculating the maternity allowance is 2011 and 2012.
The sum of the average daily earnings, calculated on the basis of Ivanova's actual earnings, was:
RUB 102,000 : (731 days - 20 days) = 143.46 rubles
The average daily earnings, calculated on the basis of the minimum wage established on the date the maternity leave begins, is equal to:
5205 rub. × 24 months : 730 days = 171.12 rubles.
The average daily wage calculated on the basis of the minimum wage is more than the average daily wage calculated on the basis of the actual earnings of an employee (171.12 rubles > 143.46 rubles).
Therefore, to calculate the allowance, the larger of the values \u200b\u200bis used (171.12 rubles).
Documents for the payment of benefits
To receive leave and maternity benefits, an employee must submit to the administration of the organization:
sick leave issued according to (, Order, approved);
They can be sent to the organization in the form of electronic documents certified by an electronic signature in accordance with the requirements and articles and the Law of July 27, 2010 No. 210-FZ and are submitted using electronic media or telecommunications networks, including the Internet.
Submission of documents in the specified format is possible:
-
If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied court practice and prepared safe recommendations for you.
Based on the submitted documents, the head of the organization issues an order to grant the employee maternity leave in accordance with the instructions approved, or approved by the head. The employee must be familiarized with him under the signature ().
It should be noted that when checking the reimbursement of maternity payments, the FSS of Russia does not have the right to require additional documents from the employer, including copies of diplomas of education, Regulations on wages, staffing, time sheets, job descriptions. Since they are not included in the documents that are submitted to the fund for the payment of benefits, approved. A similar position is taken by the courts (see).
Payment of benefits for complicated births
If an employee has extended postpartum leave (for example, in case of complicated childbirth), she will additionally extend her sick leave for 16 calendar days (Approved Procedure). In this case, she needs to pay extra.
Benefit period
Assign the allowance for the entire period of maternity leave no later than 10 days from the moment the employee submits the sick leave ().
An employee has the right to bring a sick leave after the end of the vacation. At the same time, the right to benefits is retained if no more than six months have passed since the end of maternity leave (on sick leave). This period may be extended by decision of the territorial offices of the FSS of Russia if the employee missed it for a good reason.
Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.
Citizens of the Russian Federation caring for young children have the opportunity to obtain an extension of maternity leave in certain legally defined situations.
Vacation periods for childbirth
Legislatively in the Russian Federation, exemption from work (vacation) 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 (on the basis of a medical document on temporary disability issued to a woman in the presence of pregnancy and in connection with childbirth);
- postpartum (including time for looking after a newborn after childbirth until they reach 1.5 years and after the specified age until they are 3 years old).
The workplace for a woman who has given birth is maintained throughout the entire time she is on official leave.
A woman who has given birth to 2 children has the right to be on maternity leave until the age of 3 children, while maintaining her job and seniority (FZ No. 173, 12/17/2001).
Important! Official employment before the birth of a 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:
Increase in prenatal leave
Legally accepted situations for starting rest earlier than the generally accepted gestational age include:
- Pregnancy is multiple, which is the basis for termination of employment 14 days earlier (from the 28th week of pregnancy, confirmed by a medical certificate).
- Poor health of the employee, confirmed by a medical document and providing for the need to obtain a paid document on temporary disability.
- Use of annual leave (paid) before going on maternity leave.
Prolongation of rest time in the postpartum period
- up to 156 days with a complicated birth procedure;
- up to 194 days for multiple pregnancies.
After the specified time, with the closing of the sick leave certificate for temporary disability of the employee, the countdown of the paid maternity period begins ( 1.5 years), which can be extended for the same period, but without payment. At this time, the parent will receive compensation determined by the state in the amount of 50 rubles. , the value of which can be increased for a number of categories of recipients (poor, large families).
At the end of maternity time, a woman has the right to apply at the place of official employment for an annual paid leave if she did not use this opportunity while she was pregnant.
It is also permissible to issue a release from work without saving earnings (unpaid) in agreement with the employer, indicating family circumstances as the reason.
For some categories of parents, the maximum time period for caring for children in the Russian Federation has been increased to 4.5 years, taking into account amendments to the Federal Law (Nos. 427, 173) and is counted in the seniority on a par with the periods of labor activity of the parent who cared for the child.
Important! The provision applies to a mother (other family members officially employed in looking after children) who has given birth to children three times while on maternity leave.
Payment of vacation pay or state compensation for additional time for rest (after 3 years) is not made, but the increased length of service (labor) will affect the amount of pension payments in the future, because additional leave will be recorded for each of the children, and not one for all children.
For example, at the birth of triplets, 4.5 years, and not 1.5 years, will be taken into account to calculate the length of service.
Download for viewing and printing:
Documents when issuing a decree
An employee before going on vacation due to pregnancy and subsequent childbirth must provide the employer with an application for leave and a medical certificate of pregnancy.
After the birth of the baby, the following should be transferred to the personnel department at the place of employment:
- a separate application for exemption from work until the newborn reaches 1.5 years of age (with a copy of his birth certificate);
- an application for caring for a minor family member after 1.5 years to the age of 3 years (if the specified period is used) indicating the clause on the intention to receive budgetary compensation;
- an application for a vacation at their own expense (if it is planned to use the last 1.5 year interval available to a number of categories of parents) with a mandatory indication of a good reason.
There is no separate application for a lump-sum 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 a pregnant employee.
Advice! If it is planned to use the entire period available for recreation (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, the employer may object to extending the childcare time beyond the age of 3 years. In this case, the employee must provide at the place of work the decision of the medical commission or another official document (medical) confirming the need to continue home care for a minor family member.
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An employee had a complicated delivery. In this regard, she needs to be granted additional maternity leave. The order for maternity leave has already been issued. Is it necessary to cancel the previous order and issue a new administrative document, with the total number of days of parental leave. Or is it still required to issue a separate order to extend the decree. We will tell you how to issue an order for additional maternity leave. A sample 2019 document prepared by our specialists will help HR officers to facilitate their work.
Vacation duration
Women working under an employment contract are entitled to maternity leave. Such a leave is a period of temporary disability for a woman, when she retains her job and position in accordance with the law (Article 255 of the Labor Code of the Russian Federation).
The duration of maternity leave is strictly regulated by labor legislation. In general, maternity leave lasts 140 days (70 days before childbirth, 70 days after).
However, if the childbirth took place with complications, then the duration of the vacation increases. The list of birth complications, giving the right to increase the duration of postpartum leave, is contained in the Instruction, approved. Ministry of Health of Russia dated April 23, 1997 No. 01-97<О порядке предоставления послеродового отпуска при осложненных родах>. For example, complications during childbirth include caesarean section and any multiple pregnancy.
Most clearly, the duration of the vacation can be represented in the table. The duration of maternity leave in 2019 is:
So, for example, in case of complicated singleton birth, an employee is entitled to an additional 16 days of vacation (part 1 of article 10 of the Federal Law of December 29, 2006 No. 255-FZ).
Preparing an order
Any major event that occurs in an organization must be documented. In order to apply for additional maternity leave, the employee must provide the employer with a sick leave certificate and a corresponding application. After the documents are received, you can issue an order. This must be done in addition to the already existing administrative document for the provision of initial leave (clause 48 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).
It is in this order that an additional 16 days of maternity leave is granted. , developed by our specialists, will help personnel workers save time on compiling their own form.
During the time an employee is on maternity leave, she retains her average earnings.
You can read about the maximum possible maternity benefit in the article ""
For the minimum amount of maternity benefit, see "".
As a rule, all employed women at the thirtieth week of pregnancy, due to their incapacity for work, go on maternity leave. The standard duration of this leave in the normal course of pregnancy is one hundred and forty days (seventy days before the birth and seventy days after them).
In some cases, the woman is forced to renew the BIR. Thus, an additional number of days is added to its total duration. This happens for the following reasons:
- multiple births
- childbirth accompanied by severe nephropathy and eclampsia
- childbirth with obstetric operations (cesarean section, obstetric forceps, fetal rotation, etc.)
- childbirth with a large loss of blood with the occurrence of secondary anemia
- that caused postpartum diseases (endometritis, thrombophlebitis, purulent mastitis and sepsis)
- childbirth in women with serious heart disease
- childbirth in women with extragenital diseases
If at least one of the above reasons is present, sixteen more days are added to the postnatal leave (70 days). In the presence of special complications, another forty days are added to the total.
The extension of the leave is carried out in the antenatal clinic by a gynecologist. It is desirable that the medical institution be the same in which the woman was observed earlier during all nine months of pregnancy. Also, to extend the sick leave, you can contact the outpatient clinic where the birth took place.
If, during the examination of the woman in labor, any complications or other reasons were found that do not allow her to go to work, the doctor makes an appropriate entry in the exchange card and in the sick leave.
The disability certificate must indicate the number of days for which the extension is made.
The list of necessary documents for extending the vacation and the rules for drawing up an application
To provide a woman in labor with additional days for rest, she must formally issue an extension. To do this, she or her representative must provide the following documents to the main place of employment:
- with a request to extend the BIR leave, indicating the reason for the extension
- sick leave issued by a doctor from the antenatal clinic
The extension of sick leave due to pregnancy and childbirth occurs in accordance with Law No. 131. This law lists all the factors according to which leave can be increased.
If these factors correspond to the reason for the extension of the woman in labor indicated in the sick leave, the employer does not have the right to refuse the employee to apply for additional paid leave.
Therefore, on the basis of all provided to him, the employer issues an order to extend the leave for the BIR.
Application for an extension of leave
The main document on the basis of which the order is issued is a statement from an employee, which she writes in free form. In the application, the woman must indicate the following points:
- The start and end date of the vacation, taking into account the additional days provided.
- The reason why a woman needs to take extra leave. The application also indicates the number, place and date of issue of the disability certificate, which is the basis for increasing the vacation.
- Last name, first name and patronymic of the applicant and his signature.
The application, along with other accompanying documents, is sent to the personnel department for the formation of an order. After that, an additional payment is made to the pregnancy benefit for additional vacation days. To make cash payments, the order to continue the vacation is drawn up in two copies, one of which is sent to the FSS.
In the future, this fund compensates the employer for all payments related to maternity leave.
Video about maternity leave:
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