Is it possible to extend sick leave during complicated childbirth? In what cases is maternity leave extended? Extension of maternity leave

We will tell you when it is possible to extend sick leave for pregnancy and childbirth and what this means for the employer. Who can extend sick leave? How is an extension processed?

Employer's burden

Order of the Ministry of Health of Russia dated June 29, 2011 No. 624n regulates the period of sick leave for pregnancy and childbirth. It lasts 140 calendar days if the employee gives birth to one child, and 194 calendar days if two or more babies are born at once.

Reasons for delaying the deadline

A woman in labor can receive an extended sick leave in antenatal clinic, clinic or hospital where the birth took place. This procedure is necessary if:

• only during childbirth it became clear that there were several children (sick leave was extended by 54 calendar days);
• complications arose during childbirth (the duration of sick leave increases by 16 calendar days).

When extending sick leave for pregnancy and childbirth, a new sheet is issued. In the column for reasons of incapacity, enter “05” with the decoding “Maternity leave”. An additional code “020” is also used - “Additional maternity leave”.

At the bottom of the next sick leave, they indicate which sheet it is a continuation of. According to the rules, additional vacation days provided are not a new insured event, so the document should not be the primary one.

If the sick leave does not indicate that it is a continuation of another, the employer will still have to accept it. And if difficulties arise with the Social Insurance Fund, it is allowed not to oblige, but only to ask the employee to apply for a new certificate of incapacity for work at the maternity hospital.

Receiving benefits on an extended sheet

To receive benefits for additional days of sick leave for pregnancy and childbirth, a woman in labor must write an application in any form and attach a certificate of incapacity to work. The application must indicate:

• period of additional rest;
• information about sick leave: number, date, who issued it;
• FULL NAME. employees.

The woman in labor puts her signature on the application. After submitting all documents, benefits are calculated. Then it is paid to the employee or transferred to her account.

Calculation of benefits on an extended sheet

If the employee has provided a correctly completed sick leave certificate (issued extension of sick leave for pregnancy and childbirth), then the amount of payment is calculated based on standard maternity leave.

The calculation is based on the average daily earnings used to pay basic sick leave. No additional calculations are required.

Employer's actions

If situations arise that require the extension of sick leave for pregnancy and childbirth, the employer must act in the following sequence:

1. Accept documents (application and sick leave).
2. Create an order for additional leave (usually using the standard T-6 form).
3. Enter information about the extension of rest into the employee’s personal card.
4. Display information about additional vacation days on the time sheet.
5. Calculate the benefit amount, enter data on the sick leave sheet and transfer or issue the funds to the employee.

Maternity leave is the period during which an employee gives birth to a child and cares for him for up to 1.5 or 3 years. Recently, women on maternity leave have the opportunity to extend maternity leave until the child reaches 4 years and 6 months, but this opportunity can only be used if the employer does not mind allowing the employee to take such unpaid leave.

In this case, maternity leave can be divided into several volume periods, each of which plays its own role in determining the duration of rest:

1. The first period is prenatal leave, which is provided 70 days before the expected date of birth. This type of leave is paid in accordance with the current provisions of labor legislation.
2. The second period is leave after the birth of a child, which is generally granted for 70 days. In exceptional cases, rest may be extended, but there must be appropriate reasons for this. This type of leave is paid in full by the employer.
3. The third period is direct care of the child until he reaches one and a half years of age. If necessary, the length of leave can be extended, but you will not be able to count on benefits and payments, since they are only due until the child reaches one and a half years of age.

Legislative innovations that establish the possibility of extending maternity leave have their advantages and disadvantages, so before “adding” a year and a half of childcare, you need to weigh the pros and cons. On the one hand, this opportunity allows you to devote more time to the child and give him the basics of education, so that in the future he can be a worthy member of society, on the other hand, Extra time No benefits or allowances are provided for being with the child. At the same time, it is possible to issue a maternity leave not only for the child’s mother, but also for his father, grandmother or grandfather, if at the time of birth they remain able to work.

In this case, at the woman’s place of work, compensation payments for maternity and childbirth are paid, and leave of about 140 days is provided, but the main leave is given to a close family member, who will subsequently look after the minor. Maternity payments are provided to the citizen who cares for the child, so it is most rational to choose for this role the family member who has the most advantageous position. The monthly payment amount is 40% of the average monthly wages parent or other caregiver for the last two years or other calculation period, if employment occurred less than two years ago.

Legislation on the extension of maternity leave

In accordance with the provisions of Federal Law No. 81-FZ, as well as taking into account the norms and rules of Presidential Decree No. 1110, employees are entitled to maternity leave for the period established by law. At the same time, these regulations establish that the employee, on his own initiative, has the right to apply to the employer for an extension of leave or for its reduction, if the employee himself insists on this.

As a general rule, the duration of maternity leave to care for a newborn is one and a half years from the moment of his birth, with all due payments retained, but on a general basis, at the request of the employee, the period of maternity leave can be extended until the child is three years old. In some cases, it is possible to extend parental leave until the child reaches the age of six, but this opportunity is available only to those employees who were able to reach an agreement with the employer.

When maternity leave lasts beyond one and a half years, benefits and compensation payments to women or other persons providing direct care for a minor are almost completely stopped. Today, the amount of further benefits until the child reaches three years of age is only 50 rubles, which for many Russians is a ridiculous amount that virtually no one worries about. The Russian government has put forward an initiative to increase the size of the benefit to a more or less decent amount, which could be acceptable for the economic situation of today's Russia, but this “law” still remains a draft law.

Since 2018, the amount of payments per child has changed: now for every first born child an allowance will be paid in the amount of the subsistence minimum if several conditions are met, and in the case of the birth of a second and subsequent child, payments will be made from funds maternity capital. However, after one and a half years of age, no benefits will be awarded to parents.

Maternity leave can be extended

Maternity leave can be extended depending on the circumstances, so it is important to understand how and on what basis the time before and after childbirth, as well as the period of caring for a young child, is extended.

The duration of maternity leave can be increased:

This part of the leave is recognized as sick leave, and payments are provided on the basis of a certificate of temporary incapacity for work, therefore the calculation of compensation payments occurs according to a strictly defined scheme.

Payment occurs as follows:

1. The average daily earnings are calculated based on a general formula, which is also applied in the case of calculating vacation pay, severance pay and other payments.
2. Average daily earnings are multiplied by the number of days of temporary disability leave (from 140 to 194 days).
3. Payment occurs on a general basis.

Important! The use of a reducing factor, in particular, the calculation of the amount of maternity benefits as a percentage of wages, depending on the total length of service, not allowed. The amount of payments depends on the average daily income of the child’s mother.

Parental leave can be divided into several stages:

1. Up to one and a half years. In this case, the mother or other person caring for a minor family member is entitled to compensation payments in the amount of 40% of the average income for the previous billing period.
2. Up to three years. In this case, the employee is entitled to a state allowance payment in the amount of 50 rubles monthly, while he retains the right to go to work, as well as maintaining his job and salary, except in cases of liquidation of the employer’s organization, including the closure of an individual entrepreneur.
3. Over three years. Most often, such long vacations are not assigned, but if necessary, the employee can apply to the employer to extend the vacation due to any serious life circumstances, most often the disability of a child. In this case, the employee is not entitled to payments from the employer related to maternity leave.

Parental leave is entitled to all citizens and is guaranteed by labor legislation, however, the implementation of upbringing and care must be formalized in accordance with the rules of law and only in the legal field.

Extension of maternity leave to 3 years

Standard parental leave is one and a half years, but the direct parental parent can ask the employer to extend the leave to three years.

When going on maternity leave for the first time, the child’s mother receives payments from the employer - prenatal and postnatal, which depend on the duration of temporary disability leave. After this time, the employee has the opportunity to go to work literally immediately, but most often women decide to devote themselves to the child until he reaches at least one and a half years old.

This is due, first of all, to the inability to hire a female worker who will care for the child, or to the absence of relatives who are ready to care for the baby while the woman is working. When extending leave, the mother or other person caring for the child is provided with a one-time compensation payment. No further benefits are provided.

In addition to the application, the employer must provide the following package of documents:

1. The child’s birth certificate, as well as certificates or passports of other children, if available.
2. A certificate from the second parent’s place of work, if available, which establishes the absence of payments and compensation for child care on his part.

By returning to work earlier than the established deadline, a woman can receive a number of privileges, in particular, the opportunity to do work remotely or set a part-time schedule, however, such nuances must be provided for in an employment or collective agreement.

Application for extension of maternity leave

The application is drawn up in free form, except in cases where such documents are unified by the enterprise. It indicates the person in whose name the act is drawn up, the name of the organization, the name of the document, as well as the direct request of the woman or other close relative involved in raising and caring for the child to extend the leave to three or more years.

If this type of document is accepted, the employer issues an order to extend care leave for a specified period. At the same time, the employee has the opportunity to be reinstated in his position at any time by drawing up a new application.

Order to extend maternity leave

An employer's order to extend parental leave for an employee is drawn up in free form or in a form unified at the enterprise. A copy of the document must be handed over to the applicant or applicant who is given the opportunity to extend the maternity leave.

The order contains the following information:

• full name of the organization and its details;
• Title of the document;
• the purpose or basis for issuing the relevant order, which, as usual, repeats the direct request from the parent;
• details of the employee's application for extension of maternity leave;
• the position of the head of the organization who issues the order;
• manager's signature;
• date of document preparation;
• introductory column.

The applicant must familiarize himself with the order and then put his signature in the information column.

Extension of maternity leave to more than 3 years

Extension of maternity leave for a period exceeding three years is permitted, but most often it is granted to those citizens who can confirm an urgent need for additional care time. The main purpose of additional maternity time is to care for a disabled child who cannot go to preschool educational institution or requires special care.

Extension of leave can be done annually or once every few years, depending on the specifics of the labor relationship with the employer. Most often, the duration of maternity leave is increased to 4 years or 4.5 years. With rare exceptions, employers agree to leave without pay for employees who are parents up to 5 years of age or for children up to 6 years of age.

Payments to mothers during extended maternity leave

Payments to parents who care for a child on maternity leave are provided for up to one and a half years. When the child reaches the age of 18 months, compensation payments cease, with the exception of a meager allowance of 50 rubles monthly until the child reaches the age of three years.

After three years, the parent can apply for “children’s”, which are provided to low-income families. No other payments are provided.

The extension of maternity leave after the child has reached the age of three is not clearly defined by the current rules of the Labor Code of the Russian Federation.

When a baby is born, his mother or another person is not able to fully perform the duties of her position. For these purposes, the specified persons are provided with. The duration of such a period is determined by general rules. It is one and a half years.

At the intention of the person caring for the baby, this period can be extended until the baby is three years old. However, in this case, the caregiver will not be able to receive financial assistance, with the exception of a monthly transfer of fifty rubles at the expense of the company.

By general rules According to the Labor Code of the Russian Federation, the ability to care for a born offspring is primarily vested in its mother. This possibility is unconditional. Exception in in this case represents a situation where the mother is deprived of rights in relation to the child or abandoned him at birth.

The same opportunity is given to those persons who actually take care of the child, for example, father, grandfather. This approach is most often used in cases where, for some reason, the mother is forced to begin her work before the expiration of the granted leave period. In such a situation, the woman loses her right to receive benefits. It will go to whoever takes care of the baby.

It is not uncommon for a non-blood relative to provide care. This refers to those persons who have been recognized as official guardians by court decision. These people also have the opportunity to temporarily interrupt their professional activities and receive financial support established by law.

Interested people should note that this break can be used in full or in parts.

It is also allowed to work part-time or at the place of actual residence. In this case, a person can count on receiving budget payments.

Vacation periods

Temporary break in professional activity In connection with the birth of a baby, it can be divided into several parts. First of all, this applies to the moment when the born child has not reached the age of one year and six months.

The other part is the age range from one and a half to three years.

Such periods are conditional. According to current standards, leave to care for a newborn baby is a single period that the caregiver can use in full or in parts.

Child care leave up to 1.5 years

However, the part that falls on the child up to one and a half years old has its own distinctive feature. Until the child reaches the specified age limit, the mother or other person who cares for him receives financial assistance from the company, and if such a person does not work, then payments are made from budget funds.

In this case, the recipient of funds may lose the right to financial assistance from the company if:

• the person was relieved of his position and dismissed from the organization, the reason for the dismissal does not play a role in this case;
• the company was completely liquidated.

The opportunity to receive financial support both from the company and from the state budget will be lost if the recipient of the funds is deprived of rights in relation to the child based on a court decision.

If the person caring for a child works in several enterprises, for example, then support is provided by each organization.

When a person applies for help at the wrong time, the required amounts for the last six months will be recalculated.

Otherwise, the specified period has no differences. Throughout its entire duration, the person does not fulfill the duties of his position. Wherein workplace is retained by him. During the entire vacation period, a worker cannot be fired, except in cases of liquidation of the company.

Vacation from 1.5 years to 3 years for a child

Quite often, mothers extend maternity leave to 3 years.

In most cases, this approach is used in cases where a person is not satisfied with the earnings and the workload is quite large.

Also, another common reason is the fact that the mother does not have the opportunity to place the baby in a preschool institution, or the person is lonely and simply has no one to leave the baby with.

In such circumstances, people extend the break in professional activity until the child reaches that age.

This is everyone’s right, and refusal on the part of the manager in this case is not allowed.

The interested recipient needs to know that at such times financial aid he won't have it. The exception in this case is a monthly payment of fifty rubles at the expense of the organization. The indicated amount was determined quite a long time ago, was not subject to adjustments and therefore has lost its relevance.

This gap has no other features. The person also does not go to work, but the position remains with him.

Procedure for extending leave

To extend maternity leave, the interested employee should perform several fairly simple but mandatory steps.

Since this procedure, one way or another, affects the professional activity of the employee, the latter needs to inform the manager of his intention. The general established form of such notification is. The text of the application must indicate:

• Name of the organization;
• information about its manager - last name, initials;
• information about the initiator - what is their name, what position does they hold;
• the request itself to extend the break to care for the baby;
• personal signature, date of registration of the application.

After this, an order of appropriate content must be drawn up and approved by the head of the organization. The initiator must be familiarized with such a document against signature.

Then, notes on the extension of leave are entered into the personal registration card and time sheet.

Depending on the intention of the employee, you can indicate a request for a monthly payment of fifty rubles from the company’s funds.

Is it possible to extend the vacation after 3 years?

Some people, for personal reasons, seek to extend after the baby is 3 years old.

It is immediately necessary to make a reservation that the current standards do not give a positive answer to the question of whether this type of break can be extended.

According to the Labor Code of the Russian Federation, the maximum period of interruption of professional activity is three years. That's why interested person there is no possibility of counting on an extension.

However, you can use other periods to increase the time you spend caring for your baby.

First of all, this refers to rest and recovery. A woman can use it immediately after her break to care for the baby, thereby extending her absence for another month.

Anyone can interrupt their activities without maintaining payment of earnings, that is, take days. Such a period is determined by agreement between the parties.

It should be noted that managers rarely and reluctantly do this.

At the same time, the legislation provides for the right of the manager to stipulate possible reasons and the terms for extending leave of this nature in internal rules, for example, in a collective agreement.

In other cases, it will be impossible to subsume your break under the concept of caring for a baby after the latter has crossed the three-year age barrier.

You might be interested

Many young parents are thinking about the possibility of extending maternity leave after their child reaches 3 years of age. In 2013, appropriate amendments were made to the laws, which allow extending leave to care for children until the child reaches 4.5 years of age. Today we will talk about the possibilities of extending maternity leave and the peculiarities of legislation in Russia.

When can you increase the time you care for your baby?

The need to extend vacation may arise due to various reasons. Firstly, mothers may not want to shift the responsibilities of caring for and raising the baby to other relatives while they themselves are at work. Secondly, in some settlements of our country there are significant queues in preschool institutions, and sending a child to kindergarten when he reaches 2-3 years old is not always possible.

Almost every young mother has the opportunity to extend maternity leave if she was officially employed before going on maternity leave. Mothers often think that maternity leave is the entire time during which they are unable to work due to pregnancy and the need to care for the baby. But the legislation establishes different periods time, in accordance with which the amount and procedure for payment of benefits is determined. The maternity leave itself is only 1.5 years from the moment of birth, which parents are entitled to care for their child.

The duration of the period for childbirth and raising children is determined according to Article 255 of the Labor Code. It talks about providing mothers with exactly 140 vacation days during pregnancy and childbirth (70 for pregnancy and 70 after childbirth). The number of days increases to 156 in case of complications and to 194 days if the mother gives birth to several children at once on the same day. When a young mother’s sick leave is closed, the countdown of the paid year and a half begins. The period can be extended up to 3 years, but the last 1.5 years will no longer be paid.

After 3 years at home, the mother needs to return to work, but the laws do not allow her to be fired for another 1.5 years, which she can spend raising the baby without losing her job. Thereby total term her maternity leave increases to 4.5 years. During the extended period, the mother will no longer be able to receive government compensation and vacation pay.

In general, an additional 1.5 years can be considered a vacation at your own expense. However, this period of time will be taken into account when measuring insurance period mother and during the determination of the amount of her pension. If several children are born, additional experience will be counted for each of them. For example, if a mother gives birth to twins, her length of service will be recorded not as 1.5, but as 3 years. The duration of vacation time will not be increased, but subsequent pension payments will be higher.

The procedure for increasing vacation time - where to start?

The extension of maternity time was prescribed in legislation in 2013, while the general period of child care was determined by law from 1992. Despite last changes, the procedure for obtaining and increasing the period of time during which the mother will not work has remained almost unchanged. To get the time you are entitled to at home, you need to prepare a certain package of documents and submit an application to your employer. If you need to go on vacation ahead of schedule due to poor health, a medical certificate must be attached to your application.

You can go on maternity leave after the 12th week of pregnancy, or earlier if there are medical indications.

At the same time, you should also submit an application for paid time at home for a period of 1.5 years to care for the baby. You can immediately apply to extend the time for childcare up to 3 years. There will be no payment for this year and a half, but mothers have the right to compensation in the amount of 50 rubles. If you require this compensation, you must attach a request for it to your previously prepared application. At the employer's request, to extend the period to 3 years, you may be required to attach the child's birth certificate to your application.

For the final extension, so that the period totals 4 or even 5 years (including time at home before and immediately after childbirth), you must submit an application to your employer for time at home at your own expense. This statement should only indicate the reason why you require free time. By Labor Code family circumstances, illness, etc. are considered valid reasons.

Features of drawing up an application and obtaining a VKK certificate

It is best to decide how much time you need at home immediately after your baby is born. If you immediately apply for not 1.5, but 3 years to care for your baby, you will be able to receive benefits for longer, although its size will be significantly reduced. You should immediately write an application for compensation (50 rubles monthly for the last 1.5 years).

There is no recommended or accepted form in which the application must be written. It should be prepared in the name of the head of the company where the mother works. The most important thing is to accurately and correctly state the reason why you need leave. You can indicate in the application the legal norms in accordance with which you expect to receive leave, but the employer himself knows them well. No need to write a separate application for payment lump sum benefit due to the birth of a baby. These funds are due to you on the basis of a document that states that a pregnant employee is provided with maternity leave.

Employers do not always calmly accept their employee’s desire to stay at home after the child reaches 3 years of age. They have the right to refuse to provide leave at their own expense, and the only thing that can convince them is a good reason, which can be an official medical document confirming the need to look after the child for another 1.5 years. In this case, you will need a certificate from the VKK (medical advisory commission), confirming the presence of serious illnesses in the child that require urgent or long-term treatment. If significant health problems are identified, the mother's job can be maintained even for 5 or 6 years.

Some people tolerate all the pain during contractions and pushing well, give birth to a healthy baby and go on a well-deserved rest. But sometimes circumstances arise that, one way or another, complicate the process of not only childbirth, but also postpartum care.

All this is of course very sad and such women need a long vacation. But do they have the right to hope for an extension of maternity leave, and if so, how to get it? Will they extend it? We will talk about this in today's article.

Is it possible?

Can sick leave for pregnancy and childbirth be extended?

The legislator takes into account that childbirth is a practically uncontrollable process, so permission may vary.

Undoubtedly, It’s not uncommon for mothers to undergo surgery and get sick and other problems as a result of childbirth.

What does this say about a child who can also receive various complications as a result of being born.

Let's take a look at the main cases of extending sick leave and find out what the terms of these extensions are, as well as what nuances each specific case has.