How to write a pregnancy leave application. Documents for registration of maternity leave. How to make an application

Currently, the legislation of our country does not contain such a concept as “ maternity leave" The fact is that this designation is the everyday name for the holidays granted to expectant mothers, which together constitute one long period (popularly called maternity leave), however, they are officially formalized separately from each other. Let's see what kind of holidays we are talking about and how to apply for them.

So, we mentioned that maternity leave consists of two different leaves. Let's look at them in order in the table below.

Table 1. Designation of vacation periods entitled to working mothers in connection with the imminent birth of a child

The right to receive the above holidays is reserved for residents of our country at the legislative level, in particular it applies to:

• working mothers;
• women who do not have an official place of employment;
• women serving in the army;
• female students;
• persons registered with the employment center;
• female representatives of civil servants of military departments.

During the first half of maternity leave, mothers receive benefits equal to the full amount of their earnings received over the previous 24 months. However, you need to understand that the payment of funds is made only to the working population; unemployed citizens will not receive it, with the exception of those persons who were fired as a result of the completion of the work of any organization.

Provided that the mother worked for a short time before becoming pregnant, that is, less than six months, she is still entitled to receive benefits, however, the calculation will be made based on the minimum wage at the current time.

If the expectant mother is officially employed in several organizations, then each of the employers is required by law to provide her with the following:

• sick leave (before childbirth);
• vacation (after childbirth).

Duration of maternity leave

According to the letter of Russian law, the first period of maternity leave, represented by maternity leave, is provided to working mothers for the following period:

• 70 days before the child’s birthday;
• for a similar period after the baby is born.

Provided that any complications occurred during childbirth, the second half of the period is increased by an additional 16 days.

If a mother has a multiple pregnancy (the birth of two or more children), and it became known before the day of birth, even during registration, then the rest she is entitled to during the period of incapacity will increase as follows:

• the prenatal period will increase by 14 days from the standard value;
• the postpartum period will increase by as much as 40 days.

When the leave due to a pregnant worker begins is also determined by regulations. So, they say that:

• during pregnancy with one fetus, the mother has the right to leave workplace directly at 30 weeks of fetal development;
• provided that the pregnancy is multiple, this period begins at 28 weeks;
• if a woman lives in contaminated areas, her vacation begins from week 27.

The basis for taking sick leave may be a corresponding certificate from antenatal clinic, confirming the reality of the stated gestational age.

Please note important nuance: the extension of maternity leave is realistic due to the discovery of significant circumstances for its use, for example, if complications occur, or a singleton pregnancy turns out to be multiple. However, you need to understand that the following will not be compelling reasons for an extension:

• premature birth of a baby;
• postponing the birth late dates than expected.

To extend the period of incapacity for work, you will need to issue a new sick leave, not to replace the old one, but as another one, officially stipulating new term document. Based on this sick leave and application, the mother is given additional time to rest.

The second part of the decree is parental leave, the duration of which can be 36 months.

How to apply for maternity leave

As you might have guessed, registration of maternity leave occurs in two stages:

• the mother goes to the antenatal clinic and registers with us in order to receive a certificate of incapacity for work at 30 weeks;
• The woman takes the sick leave she receives to work and writes a statement of appropriate content, attaching the mentioned document as the basis for writing it.

If there are several jobs, the expectant mother will need to go through the second step several times so that each employer gives her the opportunity to retire.

Please note: maternity leave can be partially taken not only by the mother who gave birth to the child, but also by the father, if the parents thus agree among themselves.

Let's take a look step by step instructions on writing an application for leave.

Instructions for drawing up applications for maternity leave

Step No. 1 – enlist the support of a competent person

An application for leave, which is due to every pregnant woman and one who has given birth, must be drawn up, in fact, by the expectant mother herself. Unfortunately, many of the nuances associated with the preparation of official documents change every year, therefore, if you take up the preparation of an application not in the current year, 2018, but in the next year, for example, it is better to clarify the mentioned subtleties with a competent source.

In this case, an employee of your organization’s HR department will act as such a source of information, who will provide support and tell you how to correctly formulate the text.

Step No. 2 - fill out the header of the application for BIR leave

The head of the application is the part of the document preceding the main text. So, it is written in the upper right corner of the paper, and includes:

• an appeal to the head of your employing organization indicating his position and full name;
• an indication of who is submitting the application, indicating information about yourself and the position in which you work.

After writing the above information, in the middle of the sheet, just below, you need to write the word “application”, with a capital letter, without punctuation.

Step No. 3 - compose the main text of the application

Now let's begin to compile the text of the statement itself. So, you need to indicate in it:

• the reason for your leave of absence;
• the duration of your absence.

As we have already mentioned, the required duration is determined individually, according to the circumstances in which pregnancy and childbirth occur. In any case, you can find the number of days required in a particular situation in the sick leave certificate received from the antenatal clinic.

The next paragraph of the text is the requirement to accrue your due state benefit in accordance with social insurance, due to your special situation. Without a separate requirement, benefits will not be accrued, since, according to the letter of the law, receiving it is voluntarily the decision being made. The employer, on completely legal grounds, will not pay you a penny if he does not see the corresponding requirement in the document.

The last segment of the main text will be represented by a list of various mandatory documents that are attached to this application, which we will consider below in a separate section.

Step No. 4 – submit the document for processing

We submit the finished document for processing to the same HR department, whose employees will take care of the execution of the corresponding order, and, after it is signed by the manager and receives confirmation in the form of the organization’s seal, expectant mother will be legally able to leave the place of employment.

However, you need to remember that maternity leave consists of two leaves:

• on pregnancy and childbirth;
• caring for the newborn offspring.

Therefore, at this stage we have only discussed how to go on the first part of this leave, and then we will consider writing a second application, giving the right to stay at home for the required three years.

Step No. 5 - wait for the baby to be born and draw up a second application for parental leave

It is logical to fill out an application for parental leave, which is logical, only after the birth of the “culprit” of receiving it. The application for the second part of the vacation is drawn up by analogy with the same document for the first:

• in the form of a header with similar content;
• a text similar in meaning, with the only change in the form of indicating a different name of the vacation and the actual duration for it;
• list of collected documents.

The second application drawn up by you is signed in the same way, a specific date is put on it, and the paper is again given to the personnel department.

What documents do you need to collect to obtain maternity leave?

Since when we talk about maternity leave, we mean two independent periods (sick leave and vacation), it is necessary to collect two different sets of documents to enter each of them. We will consider which ones in the table below.

Table 2. Documents required to collect for maternity leave

Please note: Working mothers can provide the documents listed above:

• directly to the Social Insurance Fund (relevant only for regions participating in the “direct payments” initiative);
• the employer, who himself will transfer these papers to the Fund.

What benefits are available to new mothers?

As we mentioned several times in the text, mothers are entitled to government support in the form of benefits. So, every woman can count on the following payments.

1. First of all, the mother is entitled to a prenatal benefit, the amount of which is determined according to information from the sick leave certificate, which indicates the number of days of incapacity for work.

Based on this value, as well as the woman’s average daily earnings, the final amount paid is determined. According to the law, starting from 2018, she cannot:

• be less than 9 thousand 489 rubles (current minimum wage);
• exceed the amount of 265 thousand 827 rubles 63 kopecks.

Provided that you register with the women's advisory clinic before 12 weeks, in addition to the basic amount of the benefit, you will receive a fixed payment of 613 rubles 14 kopecks.

2. The second benefit, which is due to every mother, is fixed and one-time. Its value is 16 thousand 350 rubles 33 kopecks per child born.

3. The third legal benefit due to the mother is paid:

• monthly;
• until the child is one and a half years old.

The amount of the benefit sought is 40% of the mother’s average income received in the last 24 months before going on maternity leave.

Thus, the minimum amount due to the mother will be 3 thousand 65 rubles 69 kopecks for each child born. The maximum threshold amount is 23 thousand 120 rubles 66 kopecks.

Let's sum it up

Maternity leave, as a phenomenon confirmed by legislative acts, does not exist. In principle, the word maternity leave is popularly used to mean one long period of rest for a working mother, although in fact there are two of them, following each other.

Please note: not only the mother of the child, but also the father has the right to go on maternity leave, as well as receive benefits, even if the mother who gave birth to the baby does not work.

Pay attention to small nuances and take into account the rules for completing applications. For example, you must not forget to indicate in your applications the requirement for benefits, since receiving them in our country is voluntary, and without the mentioned indication you simply will not receive the money.

Video – Maternity leave: description, how to get it, deadline, calculations, payments

24.07.2019

Registration, and formally, of sick leave, is a right, and not an obligation, of an employee.

A manager cannot force an employee to go on maternity leave. if she doesn't want it.

The voluntariness of receiving guarantees is confirmed by a statement from a subordinate. To start the process the employer requires a basis - an appeal from a pregnant employee.

Purpose of the document

Failure to apply will result in financial losses. Without a documented application, the maternity leave procedure does not begin, and maternity benefits are not accrued. In addition, without filing a sick leave, the employee receives wages for the period of time worked, which does not allow the possibility of accrual of other payments.

Important! The absence of a pregnant employee from the workplace without a statement does not give the employer the right to fire her for absenteeism.

Pregnancy is automatically a valid reason for absence from work if it is confirmed by a medical certificate.

But you should not cause indignation on the part of the company administration; writing a statement will not be much of a hassle.

Registration deadlines

The general algorithm for the process of applying for maternity leave begins with the fact that, having received at 30 weeks of pregnancy (with multiple pregnancy at 28 weeks), the employee passes it on to her place of work. If necessary, a certificate of temporary incapacity for work is issued in several copies. Immediately after this, an application is submitted. ?

Complete an application possible directly on the day before going on maternity leave, since the employer is not obliged to pay maternity and pregnancy benefits before the start of the vacation. — the nearest day of payment of wages after the grant of benefits. The payment itself is assigned within 10 days from the date of filing the application and sick leave.

How to write correctly?

Application for maternity leave and payment of maternity benefits written in any form, its sample can be viewed and downloaded below.

Other requirements for the form:

• in the “header” (usually the upper right corner of the sheet) of the document the name of the enterprise, the position and full name of the manager are indicated, then the position and surname with the initials of the applicant;
• “Statement” is written in the center;
• the text of the document contains a request for maternity leave, and it is necessary to write the terms correctly - specific dates (start and end) are indicated in accordance with the issued sick leave;
• then you should mention the intention to receive the benefits due in connection with pregnancy and future births;
• The attachments to the application are listed: sick leave with recording of its date of issue and number, a certificate from a medical institution about registration in early dates pregnancy (first trimester);
• At the bottom of the sheet is the employee’s signature and the date the document was drawn up.

All girls who are officially employed can receive benefits, dismissed within 1 year due to the liquidation of the organization, studying full-time at universities or institutes.

For women signed up for a fixed-term employment contract, there is no reason to refuse to provide maternity leave. The exception is when the main employee returns to work. The pregnant girl is offered another position; if she refuses or there is no staff position, the agreement is terminated.

If the end date of the employment contract occurs during pregnancy, the company extends the employment relationship until the pregnancy or maternity leave is resolved.

You can also add in your application Bank account details for benefit transfer.

Employees of the accounting department and human resources department of the organization where the sick leave is transferred check the correctness of filling out the fields of the certificate of incapacity for work by the medical institution. If during the check, errors were found in filling out: the doctor did not enter the data in the required lines, the information is not readable. In this case, a duplicate of the document is requested, and the pregnant employee herself applies for it.

The sick leave certificate is presented to the Social Insurance Fund for reimbursement of expenses. legal entity or individual entrepreneur for payment of maternity leave. Therefore, filling out the sheet must comply with the established standards for filling out such forms.

When childbirth is complicated or twins or triplets are born, previously unidentified by doctors, then another sick leave certificate is issued with increasing vacation duration. It is sent to the company’s human resources department to complete the necessary documentation, and is completed a new application requesting an extension of maternity leave.

Sample on granting maternity leave and payment of benefits

Below is a sample application for maternity leave of 140 days in connection with the expectation of one child; the text also states the need to provide benefits in connection with pregnancy and childbirth. The form can be downloaded from the link.

Features of the application and its contents

Despite the simple structure of the document, it is necessary to comply with the design standards established by the enterprise, and one should not forget about the important details of the requirements for the form.

Errors in the application can lead to an incorrectly executed order by the employer, which, in turn, can result in penalties for the latter.

To avoid problems with the manual, consider the following: writing requirements:

1. The word “maternity leave” is not written in the text of the application. or the phrase “maternity leave”, these terms are not used in the law of the Russian Federation. The correct name is written in the application: “maternity leave.”
2. , its beginning and ending in the text part of the statement must strictly comply with the data from the sick leave certificate issued to a pregnant employee. The details of the sheet must be written down: series, number.
3. Move maternity dates so that his boundary dates go beyond the limits indicated on the certificate of incapacity for work strictly prohibited.
4. In an application for maternity leave It is recommended to register a request for the accrual of benefits, required by Russian legislation. If for some reason such information is not included in the application, then it is necessary to additionally fill out an application with a package of supporting papers.
5. The form can be printed using a computer or written by hand, important condition - applicant's handwritten signature.

If the woman who wrote the application is already on vacation for child care or have recently left it, the benefit calculated for the previous 2 years will be small. In such cases, the law provides for an option (when the girl received wages). Such a replacement is possible only if the required application is written.

The application form is similar to that for maternity leave. The text contains a request to change the calculation of benefits to an earlier period of previous years: “I ask you to postpone the calculation of benefits to .... years." The reason for the postponement (being on maternity leave) is indicated.

It is important that the assigned benefit is within the permitted limits. The lower and upper limits are set by the legislator. What is it like?

Useful video

How to correctly write an application for sick leave due to pregnancy can be seen in the video below:

Conclusions

An application is a mandatory document that allows you to correctly arrange a leave for a pregnant woman. It allows the employer to draw up an order and calculate benefits.

The text is written in any form, but must contain comprehensive information about the maternity period; the application must indicate a sick leave.

Every employee who is officially registered and decides to become a mother must submit an application for maternity leave to her employer. Before drawing up a document, a woman needs to familiarize herself with how to write an application correctly, what papers to attach to it, and what periods are necessarily included in maternity leave.

What is maternity leave

It is physically difficult for a pregnant woman, but vacation or sick leave will not be given for the entire period of pregnancy. Women are allowed to stop working 70 days before the expected date of birth, which was established by the doctor leading the pregnancy. for women expecting a baby, it is no different from a regular certificate of incapacity for work; no special form is provided for this case.

Pregnant

Pay attention! In order to somehow make life easier for an employee in this situation, a competent personnel officer will suggest going on a regular planned leave, followed by maternity leave. A woman who is about to give birth should find out how many vacation days she has available in order to understand how much rest she can count on before sick leave.

What periods and duration does maternity leave consist of:

• Sick leave for pregnancy and childbirth - 140 days (70 days before the baby's expected birthday and 70 days after). Issued by a doctor in a antenatal clinic or in the institution where the patient is registered.
• An additional 16 days may be issued to the first sick leave (issued in case of complicated childbirth, when surgery is performed C-section). Issued at the maternity hospital.
• An additional 54 days may be issued in addition to the first certificate of incapacity for work if a woman gives birth to twins or triplets. Issued at the maternity hospital.
• Parental leave for up to one and a half years. Starts from the next day after the sick leave ends (first or additional). Provided by the employer at the request of the employee.
• Maternity leave for a child up to three years of age. Starts on the next day after the end of the previous one. Provided by the employer, the employee needs to write an application for maternity leave.

A woman may go on sick leave due to pregnancy not at the designated time, but, for example, later if her health allows her to continue working. And this phenomenon has become more and more common lately. But doctors still advise expectant mothers to save their energy - go on sick leave for pregnancy on the day it begins and spend this time not on work, but on rest, walks and preparation for motherhood.

Sick leave

Documents that must be attached to take sick leave for pregnancy and childbirth:

• Sick leave issued by the antenatal clinic or the institution where the woman is registered;
• A certificate of early attendance (also issued by the institution monitoring the pregnant woman, if she is registered for up to 12 weeks. The certificate entitles you to receive an additional lump sum payment).

Important! When submitting a certificate of incapacity for work, an application for maternity leave is not written.

Often, both employers and employees who are planning to give birth have the following question: should a woman notify her superiors in advance that she will soon go on sick leave and then on maternity leave? This is not stipulated by law anywhere; from a legal point of view, a pregnant employee may not inform the employer in advance about her situation. But it is still better to warn the manager so that the company has the opportunity to find or train someone who will replace the employee while she is on maternity leave.

How to write an application

As soon as the period indicated on the certificate of incapacity for work has ended, the young mother must go to work. If she does not plan to do this, she writes an application (at least two weeks before the end of the period specified in the bulletin) for parental leave for up to one and a half years.

Important! Maternity leave until a child is one and a half years old is an important right for every woman, but she may not take advantage of it, but go to work, and send her father or even grandmother on vacation.

Every HR officer has a sample application for maternity leave. The 2018 petition is written as follows:

1. In the upper right corner you must indicate whose name the application is in: the head of the organization where the person going on maternity leave works - his full name and position, and from whom the petition is - the employee's full name and position.
2. Then the word “Statement” is written in the center.
3. The following is the text: I ask you to provide me with maternity leave (indicate the baby’s full name and date of birth) until he reaches the age of 1.5 years from (the date following the end of the sick leave period) to (the date when the child turns one and a half years old - one year and six months).
4. The document ends with a number and signature.

If a woman plans to stay at home with the baby, she can take maternity leave until the child reaches three years of age. This is also purely at the request of the mother - you can stay at home for another year and a half, or you can go to work. The petition must be written in the same way as in the previous period, only indicating the current dates (going on maternity leave and leaving it).

Nuances of content and design

The nuances of writing, content and execution of a petition for the period before and postnatal leave:

• The petition must be written strictly according to the correct format.
• Maternity leave is the name of the period for caring for a baby, which has taken root among the people. IN business correspondence and documents, the use of this word is unacceptable. This must be kept in mind so as not to edit the text of the petition later.
• It is very important to correctly indicate all dates and deadlines - the same start and end dates of sick leave must be entered as in the bulletin itself.
• You can add a clause requesting an accrual provided by law payments. This is done so as not to write 2 different documents.
• It is acceptable to write the application entirely by hand, fill out a partially completed template form provided by a human resources specialist, or type the entire text on a computer. The main thing is that the date and signature are affixed by the petitioner.

What documents are needed in addition to the application?

In addition to the application, you must submit other documents in order to stay at home with your baby until he is one and a half years old:

• A certificate from the spouse’s place of work stating that he (she) does not use the right to maternity leave and monthly allowance will not receive.
• A copy of the child’s birth certificate (certificate of guardianship registration if the child is not blood).

The longest recovery period after childbirth is given to a woman who gives birth to twins or triplets

Every officially working woman has the right to receive rest during the prenatal period, and then time to care for the baby. If the employer for some reason refuses to accept a request for maternity leave, you must write a complaint to the labor inspectorate and/or the prosecutor's office.

A woman who has an employment contract with a business entity can write an application for maternity leave. This is guaranteed to her by labor law standards. In addition to the application, she must also bring to the personnel department a certificate of incapacity for work, according to which maternity benefits are calculated.

The law does not specify how many weeks a woman must apply for maternity leave to her employer.

The norms determine only the duration of this period. It is said that this leave consists of two parts - pre-natal leave and post-natal leave.

This time is determined by a gynecologist who monitors the pregnancy for the entire necessary period.

Based on this, an employee in this position can go on maternity leave starting from the thirtieth week. But that's her right. If a woman’s health and well-being allows, she can postpone rest.

An important point in this situation is that she can receive benefits in the event of termination of employment, so its payment will be made after it is issued. Moreover, the vacation itself will have to end on a strictly defined day, and will not be extended in the event late care on maternity leave

If, both before and after the date of birth of the child, she, in agreement with the administration, goes to work part-time, then in this case the employee can receive both the benefit itself and a salary for the hours worked.

Attention! On the other hand, the law allows pregnant women to apply for maternity leave. Moreover, its provision does not depend on whether she has this period or not.

There are some categories of employees who may be entitled to leave due to pregnancy and childbirth earlier. For example, a worker who is expecting to have several children.

Sample application for maternity leave

Download in Word format.

How to write an application for maternity leave

Let's take a closer look at how to apply for maternity leave.

It can be compiled in free form on a computer, or by hand, or when filling it out, you can use a ready-made template that the company has previously developed and uses in similar cases.

At the top right you must indicate the person in whose name this document is being submitted. The title of the manager’s position and the name of the business entity, as well as his full name, are reflected here. in the dative case.

Next, the employee must indicate her position just below, as well as her personal data in the genitive case.

Then the name of the document being compiled is written in the middle of the page.

After this, the pregnant employee must politely express her request for leave. This can be written with the phrase “I ask you to grant me maternity leave.”

Next, based on the sick leave certificate received, she must reflect the starting and final dates of maternity leave, which can be viewed in the document attached to the application.

The starting date of leave may not coincide with the date indicated on the certificate of incapacity for work, since the employee may not have gone on leave immediately after receiving sick leave.

At the end of the application, you must list below all the documents that the pregnant employee submits along with this document as an attachment. There will definitely be a link to the sick leave issued by the woman’s attending physician.

After this, the employee must sign and write down the date the document was drawn up.

Is it possible to fire a pregnant employee?

Labor law provisions are written in such a way as to protect the rights of pregnant workers vis-à-vis their employers in all situations. In almost all the situations described, they cannot be interrupted at the initiative of the administration, or denied employment due to their situation.

Moreover, this rule also applies to contracts with a certain period of validity - even if the period for which they were concluded has ended, then termination will occur only when the maternity leave period ends.

If a fixed-term contract ends before the employee goes on maternity leave, it is terminated in the standard manner.

If a woman in this position gets a job and is given a probationary period, she is also subject to a ban on dismissal. This means that based on the results of the test, it will not be possible to terminate the contract with her due to violation of labor discipline, failure to fulfill established duties and other reasons.

However, dismissal can be carried out if the employee herself asks for it by writing a statement of personal desire. The employment contract with her is then terminated in the usual manner.

If an employee is on maternity leave, her position cannot be reduced. But since it is necessary to give a warning at least 2 months before the date of dismissal, you can choose this date in such a way that the period allotted for notification ends on the first day at work after the end of her maternity leave. On this day, you can already make a dismissal, or transfer to another vacancy in the same company.

Attention! If the company decides to terminate its activities and carry out liquidation, then all registered employees are dismissed, regardless of their current position in the company. At the same time, the payment for child care will be paid directly to her by the Social Insurance Fund. However, it will be noticeably smaller in size, since it will be calculated not from average earnings, but from the minimum wage.

Does the employee retain her job?

The Labor Code determines that if an employee has submitted an application to her organization for maternity leave, or leave to look after a child up to 1.5 years and 3 years, then during this entire period of absence she will retain her job and position.

In order not to stop the production process, the organization can temporarily hire another employee for this position - an employment agreement with him will be signed for a certain period, which is usually the period of maternity leave.

Important! After the employee returns from vacation, the employment agreement with the temporarily hired employee automatically terminates.

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Women have the opportunity to take. According to Article 255 of the Labor Code of the Russian Federation, the total period is 70 days before and 70 after childbirth. But sometimes it takes longer to recover.

To receive additional days off, a woman needs to apply and documents confirming the right to a longer period.

When is it issued?

Confirm incapacity and they can issue additional sick leave for pregnancy:

• obstetrician-gynecologist;
• GP;
• paramedic in the absence of a doctor.

Having received sick leave for additional maternity days from a doctor, it must be immediately submitted along with an application to the personnel department at the place of work.

Submission deadlines

If it is not possible to submit an application, the employer must be notified orally, and the sheet along with the application must be provided as soon as possible.

Important! Labor Code does not oblige the employee to notify about the extension of maternity leave by application, but the internal regulations of the institution sometimes contain this obligation.

How to write correctly for additional maternity leave?

The legislation does not provide for an approved application form, but there are recommendations from practice so that unnecessary questions do not arise in the workplace.

The beginning of an application for additional maternity leave must contain a heading indicating to whom it is addressed. You should write to the director of the organization.

The description of the essence is made in random order. However, the employee must remember about the key points:

• indicate your name and position;
• indicate the beginning and end of the main period of maternity leave, as well as additional days (it is possible to provide 16 or 54 days);
• describe on what basis the employee requests additional maternity leave with reference to sick leave;
• Please indicate the date, full name and signature below.

Since the mandatory form is not approved, the employer cannot refuse to grant maternity leave due to an incorrect application form. The main thing is to clearly state the essence, fill out the details correctly and attach the necessary document.

The period for consideration and issuance of an order to assign leave may take different times, But no more than 10 days. The amount of benefits paid for additional days does not differ from the main leave and equals 100% of the average salary employees.

Sample for 16 days of sick leave for complicated childbirth

In practice, a statement is most often written precisely in case of a need for 16 additional days due to complicated childbirth; a sample of such a statement is presented below.