Whether to give sick leave for pregnancy. Guide on how to take inpatient or outpatient sick leave while pregnant

In 2018, such situations are not uncommon. Expecting a child always affects the health of the expectant mother to a lesser or greater extent.

There is a serious restructuring of the body, a woman is affected by a strong load. Therefore, it happens that a pregnant woman does not go to work due to disability throughout the entire period.

When should you ask a gynecologist or other specialist for a newsletter?

The certificate of incapacity for work confirms the impossibility of the pregnant woman to fulfill her labor duties. The doctor, examining the patient, single-handedly decides whether it is necessary to send her to the hospital.

No one has the right to forbid a woman to “beg” for him. Because if a pregnant woman has such an idea, then, most likely, because of what she feels, it will be better.

During the period of bearing a child in girls, the entire body, including the brain, works on an instinctive level. Therefore, women in a position are characterized by excessive emotionality. The instinct of self-preservation sends signals to the brain that it would be nice to take a break.

A rare woman, being in a position, is really not sick. There are some symptoms that are present in almost every girl who is expecting a child, which are the reason for applying for a sick leave. Consider how to take a sick leave for a pregnant woman, if not only tired of working, but also feeling unwell. It is worth paying attention to the following symptoms:

In addition to the above factors, there are many others. And despite these ailments, it often happens that a pregnant woman feels fine, does not feel weak from temperature or dizziness from high blood pressure. Then, in fact, it turns out that the woman is sick, but technically - no. It is not forbidden to ask for sick leave, because there is no deception.

What is the responsibility of pregnant women?

Like any citizen of the Russian Federation, a pregnant woman is obliged to comply with the laws in force in the territory of our country. But the fact is that in the case of a state when a girl is expecting a child, it is difficult to catch whether she is faking or not.

In situations where a woman in a position deliberately pays a bribe so that the doctor sends her on sick leave, she will be held responsible. Since this is bribery for a knowingly illegal action, in accordance with part 3 of article 291 of the Criminal Code of the Russian Federation, she faces:

  • a fine multiple of 30 to 60 relative to the amount of the bribe;
  • imprisonment up to 30 years.

Also, for the use of a false document on the basis of Article 327 of the Criminal Code of the Russian Federation, one can be deprived of liberty for up to 4 years.

How to get a disability certificate if you are not sick?

How to ask for a sick leave from a gynecologist or other doctor if you feel well? If the previously described reasons do not fit, but you still need to open a sick leave, it is important to know where to go.

Since the legal ailments for which a sick leave is given are listed above, methods for simulating the disease will be described below. Depending on which disease is easier to imitate in a particular situation, one or another specialist is called for.


Important! A doctor does not have the right to refuse to issue a sick leave if a woman has specific symptoms. But if he is sure that the patient is healthy, then, on the basis of clause 26 of order No. 624n, he may refuse to issue a certificate of incapacity for work.

But doctors always have a special attitude towards pregnant women. Most often, with any complaints, they make concessions and try in every possible way to minimize the risk of complications, so they write out a sick leave to give the girl who is expecting a baby a break. But you need to understand that constantly coming to the doctors for sick leave without any special reason will be at least suspicious.

How can a pregnant woman go on a long sick leave without getting sick? As for the duration of the sick leave, the attending physician, in accordance with the Procedure and Articles 59 of the Federal Law of November 21, 2011 No. 323-ФЗ “On the Basics of Protecting the Health of Citizens in the Russian Federation”, for a maximum of 15 days. If the duties of a doctor are performed by a paramedic or a dentist in cases stipulated by the authorized federal executive body - for 10 days.

For its further extension, it is necessary to pass a medical commission, As a rule, district police officers do not like to get involved with this. Therefore, if a pregnant woman wants to stay at home for the entire period, it is worth alternating specialists and periodically going to the hospital, where a sick leave is issued for a period of up to 30 days.

A midwife or nurse is not authorized to issue sick leaves.

Responsibility of the doctor for fictitious execution of the document

More often than not, the guilt of the doctor is not so easy to establish. Since, when a woman complains, he is obliged to issue a disability form in order to at least confirm or refute her condition by sending her for tests and other types of diagnostics. However, there is such a business in medicine as the intentional sale of sick leave forms.
Doctors are held accountable for this.

Receiving a large bribe Taking a bribe for an illegal act Forgery, production or sale of forged documents
Base part 2 of article 290 of the Criminal Code of the Russian FederationPart 3 Art. 290 of the Criminal Code of the Russian FederationPart 3 Art. 27 of the Criminal Code of the Russian Federation
Fine From 30 to 60 times the amount of the bribe with deprivation of the right to hold certain positions for up to three years.From 40 to 70 times the amount of a bribe with deprivation of the right to hold certain positions for up to three years.80,000 rubles or in the amount of the salary / other income of the convicted person for six months.
Compulsory works 180-240 hours
Correctional labor Up to 2 years
Arrest 3-6 months
Deprivation of liberty Up to 6 years plus a fine, 30 times the bribe.3-7 years plus a fine, 40 times the bribe.

Each person, to the best of his decency, decides for himself whether he should resort to slippery methods or not. In the case of pregnancy, you should always weigh how much the health benefits of the expectant mother and fetus will be higher than fines, loss of reputation or job. If, for example, there is a difficult emotional situation at work, you definitely shouldn’t endure it, it’s better to go on sick leave.

A certificate stating that a woman is in a position guarantees her leave at the legislative level with a total length of more than 4.5 months. The fair sex, according to the basic labor law, is given a minimum of 140 days: seventy to calmly expect the birth of a baby and the same amount to restore strength after the long-awaited date, for this a maternity leave is issued. If the doctors confirmed that the addition to the family will be double or more, then the vacation is extended to 6.5 months (84 and 110 days, respectively).

The legislative framework

Despite the brevity of the main collection of labor laws, a huge number of questions remain about the implementation of its norms regarding expectant mothers. The main part of them, concerning the material support of time before childbirth and immediately after them, is covered by the Law on Social Insurance for Disability 255-FZ and Procedure No. 375 on the nuances of calculating benefits in such cases.

By what authorities and in what terms is the bulletin issued?

According to the Labor Code of the Russian Federation, the guaranteed time for a pregnant woman to be free from the need to go to work is called vacation. You can simply confirm your right to it only with the help of a sick leave. In cities where there are separate antenatal clinics, such a document for the full period is issued by the district gynecologist-obstetrician, whom the woman consulted during pregnancy. If the locality does not have such specialists, then this duty will fall on the local therapist or family doctor, and if he is not at the place of residence or service of the woman in the position, on the paramedic.

The Labor Code says that such leave should begin 10 weeks before the predicted date of birth, and the Issuance Procedure No. 624n in clause 46 clarifies the timing and prescribes that sick leave be issued no later than thirty full weeks of pregnancy, at least 140 days. Earlier, on the first day of the 29th week, they can write out a sick leave if two or more babies are expected, and then immediately for a maximum period of 194 days.

In addition to the minimum prescribed 140 days, the doctors of the maternity hospital extend the vacation for another 16 days if there are complications already in the process, for example, it becomes necessary to perform a Caesarean section or heavy bleeding has opened. The obstetrician who delivered the childbirth must issue an increase in the duration of the vacation in the form of an additional certificate of incapacity for work.

Since nothing can be foreseen in such a case, the same Order No. 624n in paragraphs 49-50 provides that in emergency cases a “special” vacation can begin much earlier. So, if the birth began before the deadline, at 22-30 weeks, then the doctors of the obstetric department will write out one sick leave immediately for 156 days in one sheet. If everything happened before the end of the 21st week, and the efforts of doctors to save a life were in vain, then the decision on the duration of disability will be made at the discretion of the attending gynecologist, depending on the physical condition of the woman, but always more than three days.

The law is not fundamental in the issue of the duration of the leave "before and after". Today it does not matter whether a woman gave birth exactly 70/84 days later or earlier. She will receive her leave prescribed by the legislator anyway, in total and for the full duration.

Conditions for issuing sick leave for pregnancy and childbirth

A sick leave for pregnancy and childbirth is issued to absolutely all future mothers who have declared such a need, even if they are not officially employed. The only condition is registration of a local consultation at least a day before the date of birth.

A pleasant incentive for an early visit to a female doctor will also be the fact that pregnant women who register with an obstetrician before the expiration of 4 months (12 weeks) are entitled to an additional payment. True, in a symbolic amount of about 613 Russian rubles (from the beginning of February 2018). The district gynecologist is obliged to issue a certificate to the pregnant woman confirming such a right, and then put a mark on the sick leave itself on the day it is issued.

The expectant mother, for some reason of her own, may refuse to receive timely sick leave within the legal period, and subsequently change her mind. If the pregnant woman managed to do this before giving birth, then she will receive leave for the full term, but from the originally set date, the first day of the 31st week.

Registration procedure

After receiving a correctly executed sick leave for pregnancy and childbirth, a woman who is socially insured in one way or another must contact one of the organizations suitable for her case:

  1. A working pregnant lady provides it at the place of current employment.
  2. A self-employed person, an individual entrepreneur or a voluntarily insured person - to the FSS bodies.

In addition, the state guarantees the receipt of monetary insurance coverage for women who are not subject to social insurance:

  1. For a non-working woman registered at the city labor exchange, if the dismissed employee found out about pregnancy after the termination of the contract due to the liquidation of the employer entity during the previous 12 months - to the local employment service for exemption from regular visits to the inspector and offered vacancies.
  2. Full-time (daytime) students - to the office of the educational institution. According to the rules of many universities, the provision of academic leave is submitted to the dean's office, but this does not apply to students in an "interesting" position, no one has the right to give them leave.
  3. For female servicemen and civilian employees of the RF Armed Forces in other countries - straight to the personnel service of a military unit or paramilitary unit.

What documents are needed?

A document confirming the right to pay sick leave for pregnancy and childbirth - a certificate of incapacity for work issued by an obstetrician-gynecologist. In addition to it, the set of necessary documents depends on the place where pregnant women work, serve or study:

  1. Employed - write in the name of the manager an application for the appointment of a hospital allowance (free form) and bring a certificate of earnings, if necessary.
  2. Those who work simultaneously for 2 or more insurers - an application for the appointment of a hospital allowance and that the other insurer does not calculate any payments to her, and give a certificate from another employer on salary. If a woman has been cooperating with the same insurers for more than two years, then from the beginning of 2017, all employers will accrue payments, according to the same algorithm as at the main place of work.
  3. An individual entrepreneur or a pregnant woman, voluntarily insured, sends an application for accrual of hospital benefits, copies of certificates of tax registration with the Federal Tax Service Inspectorate and state registration as SPD, as well as IP passports to the Fund's bodies. Additionally, it may be necessary to verify the fact of payment of social contributions for the previous year, so it is better to submit copies of payments.
  4. Students - write a statement to the rector. An income statement is not required, since full-time education does not imply a salary, only a scholarship.
  5. The servicemen write a report on the appointment of a hospital allowance, the rest of the data is in the unit.

How long is sick leave?

The term of sick leave due to pregnancy and childbirth is not the same for everyone and depends on several medical indicators described in the table below.

The size and calculation of sick leave for pregnancy and childbirth

The amount of the benefit and how the entire period of maternity leave is paid for all categories of pregnant women is described in Art. 8 81-FZ:

  1. Those who have worked for the previous full two years will receive 100% of the average salary.
  2. Those who work for less than six months will be paid significantly less, but the payment will definitely be 100% of the minimum wage.
  3. Military women do not have to worry, because they are entitled to 100% of the salary without regard to seniority.
  4. Students who decide to temporarily interrupt their studies to raise children will also not feel the difference in money, because they will continue to receive 100% scholarships every month during the entire pregnancy.
  5. The unemployed, dismissed due to the complete cessation of the economic activity of the employer or individual entrepreneur, will be paid 613 rubles in 2019 at a time. No further payments are offered for such leave.

Income in cash and in kind for the last 24 months is taken into account in the calculation of the allowance in favor of a working woman. Until January 1 of the year in which the pregnant woman goes on maternity leave. But, if during these months a woman went on sick leave or there were cases of her suspension from work, even with the preservation of her salary, then it is prescribed to exclude these incomes and calendar days from the calculation, because insurance social contributions are not charged and transferred to them.

Calculation example

In practice, the calculation of sick leave for pregnancy and childbirth in 2019 occurs according to the following algorithm:

  1. The total amount of annual income for 2016 and 2017 is determined separately, excluding non-contributory payments.
  2. It is compared with the limit value for the calculation of social contributions for the FSS. The total amount of income in 2016 should not exceed 670,000, in 2017 - 718,000.
  3. The resulting values ​​are summed up and then divided by 731 (2016 was a leap year, 366 calendar days). The number of calendar days may be less if there were periods of disability or suspension in 2016-2017.
  4. The current minimum wage on the date of sick leave (from 01/01/2017 - 7500, and from 07/01/2017 - 7800) is multiplied by 24 and divided by 731. The result must be compared with the sum from p 3.
  5. As a result of comparing the results obtained, a larger value is selected. This will be the average daily rate per calendar day. Multiplying it by the number of days indicated on the sick leave, as a result, the accountant will receive the amount of sick leave.

Based on the sequence of actions described above, we can give an example of calculating sick leave for pregnancy and childbirth. The maximum and minimum benefits in 2019 for multiple pregnancy will be:

  • (670,000 + 718,000) / 731 calendar days in 24 months * 194 days = 368,361.15 rubles - maximum in 2019;
  • 7500 * 24/731 calendar days for 24 months * 194 days = 47,770.18 rubles - at least in the first half of 2019;
  • 7800 * 24/731 calendar days for 24 months * 194 days = 49,680.98 rubles - at least from the second half of 2019.

Sick leave for pregnancy and childbirth for adoptive parents

For a person who decides to take a baby up to 3 months old from the Baby House into his family, the legislator has provided two options:

  1. Maternity leave for 10 weeks, and if two or more children are adopted, 110 days.
  2. Leave until the 70th/110th day of the birth of the child/children.

Despite the similarity of the norms, their essence differs significantly in both monetary and moral aspects. The first option is suitable for those who do not want to disclose to others the details of the addition to the family that has occurred, including through surrogate motherhood. A document exempting from work is issued only to a woman, in a medical institution, on the basis of a court decision received by the adoptive parents. For work, a document on disability, drawn up in a standard way, is provided, the allowance is calculated in accordance with Regulation No. 375. In the second case, both the male adoptive parent and any relative who will independently take care of a new small family member can ask for leave. You will have to apply with an application already at the enterprise, and vacation pay will be calculated according to a different law and procedure, as for a regular (annual) vacation. However, the vacation itself in the second case will be much shorter than in the first.

Rules for filling out a sick leave

When filling out a sick leave for pregnancy and childbirth, you need to carefully check some aspects of filling out a sick leave:

  1. The date of the actual issuance of the sick leave corresponds to the date of the beginning of the 31st week of pregnancy and the date of the onset of disability. The discrepancy between the numbers can only be if the woman for the first time refused the timely issuance of sick leave. Then the date of issue will be actual and may be greater than the first day of the 31st week.
  2. The reason for the incapacity for work will be indicated by the code 05.
  3. In the column "Date 1" - the date of birth expected by the doctor (according to the rule: the date of the onset of disability + 70 days).
  4. If a woman visited a doctor before 12 weeks, then it is better to make sure that the obstetrician-gynecologist does not forget to leave a note in the corresponding column of the hospital.
  5. The dates of the beginning and end of the sick leave for pregnancy and childbirth are put down by the doctor immediately, according to previously available medical indications. If in the process it turns out that it needs to be extended, the doctors will write out a new sick leave.
  6. The date in the “Start to work” column is 141 days from the date the sick leave starts, unless there is a reason for granting a longer vacation.

The procedure for making entries in the disability certificate for pregnancy and childbirth is described in Order No. 624n., Section IX. How to fill out sick leave in 2019, sick leave sample.

Question answer

How will the allowance be calculated for those who took part in voluntary insurance?

Self-employed persons, including entrepreneurs, notaries and lawyers, participate in the social insurance system on a voluntary basis. A pregnant woman can apply for benefits from the budget only if she has paid contributions for the entire previous year. The calculation for them will be made based on the approved minimum wage on the date of receipt of the right to maternity leave.

Who will accrue the decree after dismissal?

Unfortunately, a retired woman, especially if she left her job of her own free will and until the moment she became pregnant, does not have to count on much. After all, only socially insured persons, that is, those for whom contributions are paid in case of disability, can apply for benefits.

If a woman has become registered with the employment authorities or has taken part in the voluntary social insurance system, then she will still receive part of the insurance coverage. To do this, the expectant mother can apply to the nearest division of the FSS with documents for the appointment of the minimum hospital maternity allowance (613.14 rubles) and to the social security authorities for childcare allowance up to 1.5 years.

What allowance will be paid to the mother if she gave birth again, being on vacation up to 1.5 years with her first child?

The legislator gives the woman a choice, depending on the amount of payments. The insured person may interrupt the one and a half year period of receiving child benefit for the period of maternity leave and, instead, receive disability benefit during this entire period. Receipt of both socially guaranteed payments at once is not provided.

What happens if a pregnant woman decides to continue working at 31 weeks?

Often, the expectant mother, if her health permits, wants to continue working as long as possible. If a pregnant woman succumbed to such a production impulse, then she must understand the essence of some significant points. She is due for sick leave at 30 weeks. The doctor can be late with this only if the woman refused in writing to receive the document in her hands. If the pregnant woman applies for sick leave later, when she no longer has the strength or opportunity to work, then she will be issued a sheet, but from the originally set date. Since the simultaneous receipt of wages and hospital benefits is not provided, the management is obliged to refuse social benefits and pay only for the hours worked. Perhaps the employer decides to somehow encourage the ardor of the employee in private, but he does not have such an obligation by law.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

- this is far from a disease, but often a woman endures it much more difficult than the flu or a cold. Pregnant women are prone to increased fatigue, bouts of nausea, swelling, and drowsiness.

And this is only a small fraction of all the possible manifestations that almost every woman encounters during pregnancy. Despite all of the above, a woman in position still needs to work and do it at the proper level.

Sick leave - an official document

Certificate of incapacity for work, or as it is also called, is a form that indicates the patient's inability to fulfill his work obligations at the current moment.

Such a form is issued not only during the illness, but during the period of rehabilitation after an illness or injury. And when carrying a child, it can be difficult to do work even to a greater extent than with a particular illness.

Which doctor can a pregnant woman apply for such a document? This may be the leading pregnancy gynecologist. Depending on the problems that bother the pregnant woman, it can be a general practitioner, urologist, neuropathologist, ENT.

Sometimes the terms "illness" and "disability" are confused. For example, if you lost your voice after suffering from laryngitis, this is sufficient reason for a hospital teacher or salesperson to be discharged. And if a seamstress or a loader has lost his voice, then he will have to explain for what reason the absence of a voice prevents him from working. Such details may be the reason for the denial of a hospital discharge by the attending physician. Often this causes violent indignation in patients.

How can a woman in a position get a sick leave? Which doctor should I contact for such a document? What complaints will be taken into account by the doctor?

Disability of a woman during pregnancy

If a pregnant woman refuses sick leave, no one has the right to force her

In most cases, doctors always strive to make pregnancy easier for a woman and, with the slightest deterioration in her physical condition, even insist on issuing a sick leave.

Every doctor, first of all, a person who knows from personal experience what pregnancy is and is familiar with it through his own example or the example of his wife, relative. He wonderfully understands how difficult it can be even at the minimum time. It should be noted that it is the first three months that are the most difficult about the cause of toxicosis.

There is a category of women carrying a child who accept the state of pregnancy as some kind of illness and abuse it. They insist on a special attitude towards themselves, even if there is no reason to doubt their health. Such women often do not appear at the workplace until the very end, regularly extending the sick leave.

There is another important detail. In the therapy of women bearing a child, there is always a paramount factor - to prevent complications from arising. The doctor first of all wishes to be reinsured. After all, it is much more reliable to extend a little course of treatment for a young mother, to increase the observation period, rather than to face these or other complications later.

Maternity leave

The hospital can open not only an obstetrician-gynecologist

The decree previously called the period from the 7th month of pregnancy. Since that time, the woman had a legal basis not to go to work. But in fact, this is also a kind of hospital form for pregnancy and childbirth. Its duration is from 140 to 194 days.

It directly depends on how difficult the birth process was, and on the number of children born. This form is issued by the attending physician, namely the gynecologist in this antenatal clinic, together with the head of the department.

Absolutely every pregnant woman can apply for a sick leave, regardless of the period. This is possible even at the first visit to the antenatal clinic. Such treatment should be no later than the 30th week of pregnancy or the 28th if carrying more than one fetus.

No one can force a pregnant woman to go on sick leave if she herself does not have such a desire.

Disability during pregnancy

According to the law, until the 30th week of pregnancy, a woman is obliged to fulfill her work obligations. This is often hard enough. Common illnesses such as colds, bronchitis, and coughs are also possible. And this is accompanied by such symptoms of pregnancy as vomiting or nausea, sleep disturbances, pain in the back, joints.

Can a woman claim sick leave in such situations? Definitely yes. In the presence of diseases of a different nature or any complications, a woman going to work has a legal right to receive such a form. If the deterioration in well-being is caused by a non-gynecological problem, she should apply for such a document to a general practitioner.

If an additional consultation is necessary, the therapist will write a referral to narrow-profile specialists: an ENT specialist, a neuropathologist, an ophthalmologist, etc. Problems of a gynecological nature are handled exclusively by a gynecologist in a antenatal clinic.

Disability certificate issued by a general practitioner

Poor health of a pregnant woman as a reason to go on sick leave

A pregnant woman can receive a consultation from a general practitioner both at the clinic at the place of residence and at the antenatal clinic. A visit to such a specialist may be due to such symptoms:

  1. increase in body temperature;
  2. chills;
  3. pain in the throat;
  4. discomfort when swallowing;
  5. the presence of a cough;
  6. the presence of a runny nose
  7. ear pain or migraine.

All of the above symptoms are a direct sign of a cold or respiratory disease of viral etymology. In the presence of such symptoms, the therapist single-handedly writes out a sick leave for a period of 3 to 5 days. If the woman has not recovered during the second examination, the doctor must extend the term of such a sheet for another 5 days.

If, after 10 days, the woman does not get better, the hospital therapist can pour only after examination together with the head of the department, who certifies this document with his seal. To discharge a sick leave due to an acute respiratory illness for a period of more than 10 days, there must be solid arguments.

If there are any, then the woman carrying the child is recommended hospitalization or inpatient treatment. With what complaints do you most often visit a general practitioner? The most common complaints are: pain in the back, in the lumbar region, in the legs. The pain causes inconvenience to the expectant mother, hinders movement, interferes with work. A sick leave certificate for such complaints can be issued by a neuropathologist.

The therapist may refuse to issue a sick leave. This happens with deviations from the norm in the performance of tests, but without any clinical manifestations. For example, a slight decrease in the level of hemoglobin in the blood without concomitant dizziness, lowering blood pressure or fainting.

The therapist cannot issue a sick leave based on complaints of low blood pressure. Especially if this fact was not confirmed when measuring pressure in the doctor's office.

Sick leave issued by a gynecologist

Sick leave with a long period is issued only for treatment in a hospital

A gynecologist deals with solving complaints that are characteristic of pregnancy. Almost every woman is familiar with them. It can be:

  • the presence of physical weakness;
  • dizziness;
  • increased fatigue;
  • sleep disorders;
  • vomiting or nausea;
  • painful sensations of a pulling nature in the abdomen;
  • vaginal discharge.

Previously, a gynecologist in a antenatal clinic had the right to write out a sick leave for a fairly long period with regular examinations. As of today, these rules have become stricter. Now, with popular diagnoses of "toxicosis" or "threat of miscarriage", a pregnant woman is required to undergo a course of therapy.

This can be both treatment with a round-the-clock stay in the hospital, and a visit to a day hospital for tests and prescribed procedures. For inpatient treatment, the grounds must be substantiated.

The sick leave issued in the inpatient department can be quite long. If necessary, it can be extended for the entire period of gestation. Short term work is also possible.

Lightened working conditions

A pregnant woman has the right to light work

What should a pregnant woman do if she works hard enough, but there are no symptoms of the disease?
Women who are carrying a child have legal grounds for. This is not a sick note. A woman is obliged to go to the place of work, but workloads should be an order of magnitude lower.

The need to alleviate working conditions is prescribed by a gynecologist. Such a document must be provided to the head with a statement of a certain form. Lightweight working conditions mean the complete absence of harmful factors, comfortable working conditions, etc.

Despite the fact that pregnancy is not a disease at all, a woman needs something else and the opportunity to rest. Therefore, if the attending physician recommends writing out a sick leave or a certificate of the need for facilitated working conditions, it is advisable to follow his advice.

The thematic video will acquaint you with the rights of pregnant women:

Quite often, women during pregnancy complain of feeling unwell and go to the clinic for help. Since toxicosis, a decrease in hemoglobin and other manifestations can negatively affect the baby's condition, the gynecologist prescribes to the expectant mother. This action does not contradict the norms of the law, because in most cases it allows you to save not only the health of the woman, but also the life of the unborn child.

In this article, we will consider the situation in detail and try to answer the questions of how to take a sick leave, to whom it is due, and how legitimate the employer’s dissatisfaction is in this case.

Pregnancy is a very complex process, which necessarily involves the reorganization of the body and the emergence of new sensations. Depending on the individual situation, problems may arise as early as the first week. Morning sickness and even vomiting can accompany a woman throughout her pregnancy. Pulling pains in the abdomen and other symptoms especially interfere with work and other activities.

Unfortunately, if a woman goes to the doctor with such complaints, they will only sympathize with her and tell her which diet to follow in order to experience less discomfort. The sick leave in such cases is not discharged, since this is a normal manifestation of pregnancy, and the symptoms should pass after 12 weeks. Only in some cases, a certificate of incapacity for work is nevertheless issued, but here we are talking about a situation in which there is a threat to the life and health of the expectant mother and baby.

How to get a certificate for release from work?

Each workplace involves the performance of certain professional duties, taking into account the certification. The higher the complexity and the likelihood of a negative impact of work on human health, the higher the wages. For a pregnant woman, the presence of such conditions can become potentially dangerous. Moreover, this can negatively affect both the girl herself and her unborn child.

In this regard, the employee has the right to receive exemption from her duties at work until the start of maternity leave. To get this type of help, you need to do the following:

  1. In the personnel department of the company where the girl works, or from the labor protection specialist at the enterprise, get a special certificate, which will contain the entire list of harmful effects that occur at work with a citizen.
  2. Go to the gynecology and, after confirming the fact of pregnancy, go to a special commission to receive full exemption. It is important that you can register a little later, when all the necessary examinations have already been carried out. It is worth contacting only a state institution, since commercial clinics do not have the right to issue disability certificates.
  3. During the expert commission, you will need: an outpatient card of the patient, a passport and a certificate from the place of work. In the case of a positive decision, the citizen is issued a certificate of incapacity for work for the entire period until the onset of maternity leave.
  4. The received sick leave will need to be taken to the place of employment of the woman and transferred to the personnel department.

General vibration, manual heavy lifting, high levels of toxicity and temperature, exposure to harmful bacteria, hazardous radiation are the main reasons for obtaining an exemption. If there is even one of the listed reasons, the commission makes a positive decision on the appeal.

Help is an option that involves a woman's refusal to perform her duties, but she is obliged to go to work. In addition, the employer can temporarily transfer the employee to another job with acceptable conditions.

When is a document required?

Any ailment that does not allow a woman to perform her labor duties during pregnancy can be a reason for issuing a sick leave due to disability. As the reason for its issuance, the specialist indicates general grounds.

This right is vested in doctors in state clinics, and most often certificates are provided to women who have a threat of spontaneous miscarriage at an early stage of pregnancy. An exception is the situation in which a healthy woman can receive sick leave during in vitro fertilization. In this case, the exemption is issued for the entire period of the procedure and the conception of the baby.

Features of sick pay

In the case of receiving a certificate of incapacity for work, a woman may not attend the workplace and not perform her duties. The calculation and payment of the due allowance is carried out by analogy with how the payment for employees is calculated on a general basis.

Receipt of funds occurs in the first salary after the employee in position applies with a corresponding application.

Conclusion

Before the onset of maternity leave, a woman in position has the legal right to issue a sick leave on a general basis.

This opportunity is provided for girls in the event that the pregnancy is not going very smoothly or there is a threat of miscarriage. The certificate of incapacity for work is issued in the standard manner and paid at the place of employment of the expectant mother.

Pregnancy is not a disease, although sometimes it is more difficult than any disease. Fatigue, drowsiness, nausea, swelling - this is just a small list of the problems that any woman can face. And with this, all expectant mothers have to go to work and do it well.

But sometimes the state of health worsens so much that it is impossible to work. And then pregnant women go to the gynecologist to take a sick leave. Is it possible?

Sick leave

A certificate of incapacity for work, or sick leave, is a document confirming a person’s inability to work at the moment. This does not always happen during an illness - you can be disabled at the stage of rehabilitation. And during pregnancy, it can be difficult to work and without any diseases.

Who can give sick leave during pregnancy? This is done by the attending physician - therapist, gynecologist, urologist, ENT, neuropathologist - depending on the complaints that the patient has addressed.

Many people confuse the concepts of illness and disability. For example, loss of voice after suffering from laryngitis is an absolute indication for a hospital teacher or a consultant in a store. And the loader or typesetter will have to explain why he cannot do his job without a voice. These nuances may be associated with the refusal to issue a sick leave by a doctor, which causes resentment among patients.

How to get a disability certificate for a pregnant woman? Who can issue it - a therapist or a gynecologist? What complaints should be made to them?

Disability of pregnant women

Usually, most doctors always meet them halfway and issue a sick leave at the slightest indisposition. Any doctor has experienced pregnancy either by his own example, or by the example of his wife, relatives, and knows how difficult it is sometimes even for a short time. Moreover, it is in the first trimester that pregnancy is usually difficult to tolerate due to toxicosis.

However, some future mothers abuse their position, perceiving pregnancy as a disease. And even if no one has any doubts about their health, they require special treatment. Such patients often try to take sick leave time after time so as not to appear at work until maternity leave.

There is a third nuance. In the treatment of pregnant women, priority is given to one thing - to prevent complications. And doctors often try to play it safe. For them, it’s easier to treat the expectant mother a little more than necessary, leave it under supervision, and prescribe medication.

Pregnant women are often offered hospitalization or at least the option of a day stay in the hospital.

Maternity leave

Previously, this was the name of the period that began from the 7th month of pregnancy and allowed the woman not to go to work legally. In fact, this is also a sick leave - for pregnancy and childbirth. It is given for a period of 140 to 194 days, depending on the complexity of the birth and the number of children born.

This sick leave is issued by the attending physician - gynecologist in the antenatal clinic together with the head. Every woman has the right to receive a sick leave for pregnancy and childbirth, regardless of the time when she first appeared in the antenatal clinic. The main thing is that this happens before the 30th week of pregnancy (before the 28th in the case of twins or triplets). If a woman wants to continue working until childbirth, she will not have to go on sick leave against her will.

Disability during pregnancy

Until the 30th week, expectant mothers need to work. And it's not always easy. And diseases can overtake the most common ones - acute respiratory infections, runny nose, bronchitis. They are usually accompanied by frequent pregnancy companions - nausea or vomiting, excruciating insomnia, back and joint pain, leg cramps.

Is sick leave required in such a situation? Yes, in case of illness or complications of pregnancy, a working woman has the right to a disability certificate. If poor health is associated with a common, non-gynecological disease, you should consult a therapist. If necessary, he will refer to narrow specialists - an ENT specialist, an ophthalmologist, a neuropathologist. Problems related to pregnancy are dealt with by a gynecologist in the antenatal clinic.

Therapeutic sick leave

The therapist can advise pregnant women in the clinic at the place of residence or in the antenatal clinic. He should be contacted with such complaints:

  • temperature increase;
  • chills;
  • sore or sore throat, discomfort when swallowing;
  • cough;
  • runny nose;
  • headache or earache.

All these are symptoms of a cold or viral respiratory diseases, bronchitis. With such complaints, the therapist single-handedly issues a certificate of incapacity for work for 3-5 days - depending on the condition. After the next examination, he can extend it for another 5 days if the patient continues to get sick. For more than 10 days, the sick leave is extended only after a joint examination with the head of the department and is certified by his seal. For a sick leave for acute respiratory infections lasting more than 10 days, there must be good reasons. If they really are, the pregnant woman should be offered hospitalization for inpatient treatment.

What else do they turn to the therapist during pregnancy? A common complaint is pain in the back, in the lumbosacral spine, radiating to the leg. Pain prevents the expectant mother from walking and sitting, working at full strength. A neurologist can also issue a sick leave in this situation.

Sometimes the therapist refuses to issue a sick leave. This may be with changes in the analyzes that are not accompanied by clinical manifestations. For example, with a mild to moderate decrease in hemoglobin without dizziness, severe weakness, low blood pressure or fainting. In this situation, the doctor can only recommend iron preparations to the pregnant woman, since her analysis does not affect her ability to work.

As a rule, hospital therapists do not issue sick leaves for complaints of low blood pressure, especially if this is not confirmed when measured by a doctor.

Sick leave from a gynecologist

You can safely contact a gynecologist with complaints specific to pregnancy. They are familiar to any woman. Most often these will be:

  • severe weakness;
  • dizziness;
  • fatigue;
  • drowsiness or insomnia;
  • nausea and vomiting;
  • drawing pains in the abdomen;
  • vaginal discharge.

But if earlier a gynecologist in a antenatal clinic could give a certificate of incapacity for work for a sufficiently long period with periodic examinations, now the rules have become tougher. The common outpatient diagnoses "toxicosis of pregnancy" and "threatened miscarriage" now require inpatient treatment. This may be a round-the-clock stay or a daily visit for tests and medical appointments.

For inpatient treatment, indications must be justified. A disability certificate issued in a hospital can be quite lengthy. If necessary, it continues for the entire period of bearing a child with short-term exits to work.

light labor

And what to do if there are no signs of illness or complications, but it is also becoming more and more difficult to work?

Expectant mothers have the right to easy work. This is not a sick leave - you will have to go to work, but the workload will be significantly reduced. A certificate of the need for light work must be given by a gynecologist, then it is presented to the employer with a corresponding statement. Light work implies the absence of occupational hazards, a reduced schedule if necessary, and more comfortable working conditions for the expectant mother.

Although pregnancy is not a disease, it requires a different mode of work and rest. And if the doctor offers to use a certificate of incapacity for work or a certificate of light work, it is better to listen to his recommendations.