L4 leave during pregnancy-who is entitled to it?

Who can go on sick leave?

Being pregnant is not in itself a reason to go on sick leave. However, everyone realizes that for many women the time of pregnancy, especially the beginning and the last weeks of pregnancy are very difficult and demanding. That’s why they ask gynecologists to issue an L4 release.

In some cases, it happens that it is the attending physician who recommends that the woman take a temporary break. This is related to, among other things. with complications of pregnancy, poor well-being of the mother-to-be or the risk of miscarriage or premature birth. Effort or work-related stress can then have a bad effect on the development of the pregnancy, as well as on the woman’s general condition.

If the pregnancy proceeds without complications, and the mother-to-be feels well, has the strength and desire to work, and the doctor sees no contraindications, there is no reason to use sick leave. Any L4 can be audited by the Social Security Administration, and the mother-to-be cannot do any paid work during it, even casual or extra work.

How long does L4 last during pregnancy?

The maximum length of sick leave during pregnancy is 270 days. However, this does not mean that the doctor will issue a L4 for 9 months. Most often, it is extended if there are indications to do so at subsequent visits. Importantly, sick leave can also be issued to a pregnant woman by her family doctor. If, for example, a mother-to-be complains of back pain that prevents her from sitting at a desk or traveling to work every day, she can ask a doctor of any specialty for an exemption.

Sick pay during pregnancy

Pregnancy sick pay is paid to those women who have worked for a company for at least 30 days in the case of an employment contract and 90 days on a contract of mandate or when running their own business. Pregnant women are entitled to 100% sickness benefit, not 80% as they are outside pregnancy. Each disease, among others. internal medicine, during the course of pregnancy, entitles one to receive 100% of the contribution base.

Pregnancy sick pay is calculated based on the average of the last 12 months. For the first 33 days, it is paid by the woman’s employer, while the following months are covered by the Social Security Fund.

Employer and pregnancy

According to the law, you are not required to inform your employer that you are planning a pregnancy and that you are pregnant. However, it is important to note that pregnant women are not allowed to work at night or take overtime. Therefore, it is better to inform your boss about your condition so that you can exercise your rights as a mother-to-be.

Currently, the exemptions issued thanks to electronic ZLAs are transmitted immediately to the pregnant woman’s employer. If a woman does not want the information about being pregnant to reach her employer, she can ask her doctor for a release with a code that does not contain the letter B (incapacity to work occurring during pregnancy). But then the sickness benefit will be reduced to 80%. Importantly, the employer cannot terminate the woman’s employment contract until the end of her maternity leave.

From when does maternity leave start?

Many women at the end of pregnancy wonder when maternity leave starts to count if they have been on sick pay until now. Often doctors issue L4 in pregnancy only up to the date of delivery and women do not know what to do in a situation where delivery takes place later. According to the Labor Code, maternity leave automatically begins with the day of delivery and lasts, in the case of the birth of 1 child, 20. Weeks. However, there are situations when it starts while still pregnant. This is because it can be used 6 weeks before delivery.

If a woman wants to stay on sickness benefits until the day of delivery, it is worth asking her attending physician or family doctor to extend her L4. In turn, maternity leave will automatically begin after the birth. As a rule, in the case of maternity leave, a woman is entitled to a benefit equal to 100% of its base. However, in the event that she decides, within 21 days after childbirth, to apply for parental leave following maternity leave, she will receive an average benefit of 80% of its base for the period of both leaves.

Otherwise, a woman on parental leave will receive an allowance equal to 100% of its base for 6 weeks of leave and an allowance equal to 60% of its base for 26 consecutive weeks of parental leave.

It is worth remembering that the periods of maternity and parental leave depend on the number of children that are born.

See also: Week 17 of pregnancy – how to recognize the baby’s movements and how much does it weigh?

Parental leave

Another leave that a working parent can take is parental leave. It is due to any employee who has been employed for at least 6 months. You can use it for 36 months until the end of the calendar year in which the child turns 6 years old. In the case of a child with a disability or degree of disability, the duration of parental leave is extended by another 36 months, which can be used until the child turns 18.

Parental leave is granted to both Parents jointly. It is up to them to decide who will use it, but it should be borne in mind that the other Parent, has the exclusive right to one month of parental leave, which cannot be transferred to the other person.

It is also worth mentioning that, according to labor law, each employee is entitled to 2 days of special leave in connection with the birth of a child.

Who pays for the maternity benefit?

Depending on the size of the company where the woman receiving maternity benefits works, the funds will be paid directly by Social Security – in the case of companies employing up to 21 people, or by her employer – in the case of larger companies. However, it should be remembered that the cost of the benefit is always borne by the Social Insurance Institution and it is from its funds that the benefits come, even if they are paid by the employer.

Read also: Covid and early pregnancy – learn how to recognize and treat coronavirus in pregnancy