Brief description of FZ 255. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly childcare benefits
1. Temporary disability benefit in case of disability due to illness or injury is paid to the insured person for the entire period of temporary incapacity for work until the day of restoration of the ability to work (determination of disability), except for the cases specified in parts 3 and 4 of this article.
2. When completing the treatment of the insured person in a sanatorium-resort organization located on the territory Russian Federation, immediately after rendering medical care in stationary conditions, temporary disability benefits are paid for the period of stay in a sanatorium-resort organization, but not more than 24 calendar days (with the exception of tuberculosis).
3. An insured person who has been recognized as a disabled person in accordance with the established procedure is paid temporary disability benefits (except for tuberculosis) for no more than four consecutive months or five months in a calendar year. If the above persons become ill with tuberculosis, the temporary disability benefit is paid until the day of restoration of the ability to work or until the day of revision of the disability group due to tuberculosis.
4. The insured person who has entered into a fixed-term employment contract (fixed-term service contract) for up to six months, as well as the insured person whose illness or injury occurred during the period from the date of the conclusion of the employment contract until the day of its cancellation, temporary disability benefit (except tuberculosis disease) is paid for no more than 75 calendar days under this agreement. In case of tuberculosis, the temporary disability benefit is paid until the day of restoration of the ability to work (establishment of disability). In this case, the insured person whose illness or injury occurred during the period from the date of the conclusion of the employment contract until the day of its cancellation, the temporary disability benefit is paid from the day from which the employee was supposed to start work.
5. Allowance for temporary incapacity for work, if it is necessary to take care of a sick family member, is paid to the insured person:
1) in the case of caring for a sick child under the age of 7 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in medical organization when providing him with medical care in stationary conditions, but not more than 60 calendar days in a calendar year for all cases of caring for this child, and in case of illness of a child included in the "list" of diseases, determined federal body executive power, carrying out the functions of developing and implementing public policy and regulatory legal regulation in the field of health care, no more than 90 calendar days in a calendar year for all cases of caring for this child in connection with the specified disease;
2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of treatment of a child on an outpatient basis or joint stay with a child in a medical organization while providing him with medical care in a stationary setting, but no more more than 45 calendar days in a calendar year for all cases of caring for this child;
3) in the case of caring for a sick disabled child under the age of 18 - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization when providing him with medical care in an inpatient setting, but not more than 120 calendar days in calendar year for all cases of caring for this child;
4) in the case of caring for a sick child under the age of 18 who is HIV-infected - for the entire period of joint stay with the child in a medical organization when providing him with medical care in inpatient conditions;
(as amended by Federal Laws dated 25.11.2013 "N 317-FZ", dated 31.12.2014 "N 495-FZ")
5) in the case of caring for a sick child under the age of 18 with his illness associated with a post-vaccination complication, with malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and related tissues - for the entire period of treatment of the child on an outpatient basis or joint stay with a child in a medical organization when providing him with medical care in stationary conditions;
(as amended by Federal Laws dated 09.02.2009 "N 13-FZ", dated 25.11.2013 "N 317-FZ", dated 31.12.2014 "N 495-FZ")
6) in other cases of caring for a sick family member during treatment on an outpatient basis - no more than 7 calendar days for each case of the disease, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.
6. Temporary disability allowance in case of quarantine is paid to the insured person who has been in contact with an infectious patient or who has been identified as carrying a bacterium, for the entire period of his suspension from work in connection with quarantine. If children under the age of 7 years attending preschool educational organizations or other family members who are recognized as legally incapacitated in accordance with the established "procedure" are subject to quarantine, temporary disability benefits are paid to the insured person (one of the parents, another legal representative or other family member) for the entire quarantine period.
7. Allowance for temporary incapacity for work in the case of prosthetics for medical reasons in a stationary specialized institution is paid to the insured person for the entire period of release from work for this reason, including the time of travel to the place of prosthetics and back.
8. Temporary disability benefit is paid to the insured person in all cases specified in parts 1 to 7 of this article, for calendar days falling on corresponding period, with the exception of calendar days falling on the periods specified in Part 1 of Article 9 of this Federal Law.
1. Temporary disability allowance in case of loss of ability to work due to illness or injury is paid to the insured person for the entire period of temporary disability until the day of restoration of the ability to work (determination of disability), except for the cases specified in parts 3 and this article.
2. When taking care of the insured person in a sanatorium-resort organization located on the territory of the Russian Federation, immediately after the provision of medical care in inpatient conditions, temporary disability benefits are paid for the period of stay in a sanatorium-resort organization, but not more than 24 calendar days (for excluding tuberculosis).
(see text in previous edition)
3. An insured person who has been recognized as a disabled person in accordance with the established procedure shall receive benefits for temporary incapacity for work (with the exception of tuberculosis) for no more than four consecutive months or five months in a calendar year. If these persons become ill with tuberculosis, the temporary disability benefit is paid until the day of restoration of the ability to work or until the day of revision of the disability group due to tuberculosis.
(see text in previous edition)
4. The insured person who has entered into a fixed-term employment contract (fixed-term service contract) for up to six months, as well as the insured person whose illness or injury occurred during the period from the date of the conclusion of the employment contract until the day of its cancellation, temporary disability benefit (except tuberculosis disease) is paid for no more than 75 calendar days under this agreement. In case of tuberculosis, the temporary disability benefit is paid until the day of restoration of the ability to work (establishment of disability). In this case, the insured person whose illness or injury occurred during the period from the date of the conclusion of the employment contract to the day of its cancellation, the temporary disability benefit is paid from the day from which the employee was supposed to start work.
(see text in previous edition)
5. Allowance for temporary incapacity for work, if it is necessary to take care of a sick family member, is paid to the insured person:
1) in the case of caring for a sick child under the age of 7 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization when providing him with medical care in inpatient conditions, but not more than 60 calendar days in a calendar year for all cases of caring for this child, and in case of illness of a child included in the list of diseases determined by the federal executive body in charge of developing and implementing state policy and legal regulation in the health sector, no more than 90 calendar days in calendar year for all cases of caring for this child in connection with the specified disease;
(see text in previous edition)
2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of treatment of a child on an outpatient basis or joint stay with a child in a medical organization when providing him with medical care in a stationary setting, but no more more than 45 calendar days in a calendar year for all cases of caring for this child;
(see text in previous edition)
3) in the case of caring for a sick disabled child under the age of 18 - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization when providing him with medical care in a hospital, but not more than 120 calendar days in calendar year for all cases of caring for this child;
(see text in previous edition)
4) in the case of caring for a sick child under the age of 18 who is HIV-infected, - for the entire period of joint stay with the child in a medical organization when providing him with medical care in inpatient conditions;
(see text in previous edition)
5) in the case of caring for a sick child under the age of 18 with his illness associated with a post-vaccination complication, with malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and related tissues - for the entire period of treatment of the child on an outpatient basis or joint stay with a child in a medical organization when providing him with medical care in stationary conditions;
(see text in previous edition)
6) in other cases of caring for a sick family member during treatment on an outpatient basis - no more than 7 calendar days for each case of the disease, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.
Article 14. The procedure for calculating benefits for temporary incapacity for work, for pregnancy and childbirth, monthly allowance for child care
1. Benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare benefits are calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of temporary incapacity for work, maternity leave, parental leave, including during the time of work (service, other activities) with another policyholder (other policyholders). Average earnings for the time of work (service, other activity) with another insured (other insured) is not taken into account in cases where, in accordance with Part 2 of Article 13 of this Federal Law, benefits for temporary disability, for pregnancy and childbirth are assigned and paid to the insured person for all places of work (service, other activity) based on the average earnings for the time of work (service, other activity) with the insured who appoints and pays benefits. If in two calendar years immediately preceding the year of occurrence of the specified insured events, or in one of the specified years, the insured person was on maternity leave and (or) on parental leave, the corresponding calendar years (calendar year) at the request of the insured person, they can be replaced in order to calculate the average earnings in the previous calendar years (calendar year), provided that this leads to an increase in the amount of the benefit.
1.1. In the event that the insured person did not have earnings during the periods specified in paragraph 1 of this article, as well as in the event that average earnings calculated for these periods, calculated for the full calendar month below minimum size wages established by federal law on the day of occurrence insured event, the average earnings, on the basis of which the benefits for temporary disability, for pregnancy and childbirth, the monthly allowance for childcare are calculated, is assumed to be equal to the minimum wage established by federal law on the day of the insured event. If the insured person at the time of the occurrence of the insured event works on a part-time basis (part-time work week, part-time work day), the average earnings, on the basis of which benefits are calculated in these cases, is determined in proportion to the working time of the insured person. At the same time, in all cases, the calculated monthly childcare allowance cannot be less than the minimum monthly childcare allowance established by the Federal Law "On State Benefits to Citizens with Children".
2. The average earnings, on the basis of which benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare allowance are calculated, include all types of payments and other benefits in favor of the insured person, for which insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal fund obligatory health insurance"(for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).
2.1. For the insured persons specified in Part 3 of Article 2 of this Federal Law, the average earnings, on the basis of which the benefits for temporary disability, for pregnancy and childbirth, the monthly allowance for childcare are calculated, shall be equal to the minimum wage established by the federal law on the day of occurrence insured event. At the same time, the calculated monthly childcare allowance cannot be less than the minimum monthly childcare allowance established by the Federal Law "On State Benefits to Citizens with Children".
2.2. For insured persons who worked under employment contracts concluded with organizations and individual entrepreneurs for which the reduced tariff insurance contributions to the Social Insurance Fund of the Russian Federation in the amount of 0 percent, in the average earnings, on the basis of which benefits for temporary disability, maternity benefits, monthly childcare benefits, include all types of payments and other benefits in favor of the insured person, which were included in the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Mandatory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) in the corresponding calendar year and do not exceed the maximum value of the base for calculating insurance contributions to the Social Insurance Fund Russian Federation ai set for that calendar year. Information on the specified payments and remunerations in favor of the insured person for the relevant period is indicated in the certificate of the amount of earnings issued by the insured in accordance with clause 3 of part 2 of article 4.1 of this Federal Law.
3. The average daily earnings for calculating temporary disability benefits are determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by 730.
3.1. Average daily earnings for calculating maternity benefits, monthly childcare benefits are determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by the number of calendar days in this period, with the exception of calendar days falling on the following periods :
1) periods of temporary disability, maternity leave, parental leave;
2) the period of the employee's release from work with full or partial retention wages in accordance with the legislation of the Russian Federation, if insurance contributions to the Social Insurance Fund of the Russian Federation were not accrued for the saved wages for this period in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Fund social insurance of the Russian Federation, Federal Compulsory Medical Insurance Fund "(for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).
3.2. The average earnings, on the basis of which the benefits for temporary disability, for pregnancy and childbirth and the monthly allowance for child care are calculated, are taken into account for each calendar year in an amount not exceeding the amount established in accordance with Federal Law No. 212-FZ of July 24, 2009 " On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund "(for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1 2017) for the corresponding calendar year, the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation. In the event that the appointment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth to the insured person are carried out territorial bodies of the insurer at the place of registration of several policyholders in accordance with Parts 2 and 4 of Article 13 of this Federal Law, the average earnings, on the basis of which these benefits are calculated, are taken into account for each calendar year in an amount not exceeding the specified limit value, when calculating these benefits for each of these policyholders.
3.3. The average daily earnings for calculating maternity benefits, monthly childcare benefits, determined in accordance with part 3.1 of this article, cannot exceed the amount determined by dividing by 730 the amount limit values bases for calculating insurance contributions to the Social Insurance Fund of the Russian Federation, established in accordance with Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Mandatory Medical Insurance Fund" ( for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) for two calendar years preceding the year of the onset of maternity leave, parental leave ...
4. The amount of the daily allowance for temporary incapacity for work, for pregnancy and childbirth is calculated by multiplying the average daily earnings of the insured person by the amount of the allowance established as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.
5. The amount of the allowance for temporary incapacity for work, for pregnancy and childbirth is determined by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary incapacity for work, maternity leave.
5.1. The monthly childcare allowance is calculated from the average earnings of the insured person, which is determined by multiplying the average daily earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.
5.2. The amount of the monthly childcare allowance is determined by multiplying the average earnings of the insured person by the amount of the allowance established as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When caring for a child for an incomplete calendar month, the monthly childcare allowance is paid in proportion to the number of calendar days (including non-working holidays) in the month during the period of care.
7. Peculiarities of the procedure for calculating benefits for temporary disability, for pregnancy and childbirth, monthly childcare benefits, including for selected categories insured persons are determined by the Government of the Russian Federation.
1. Present the federal law regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with maternity, determines the circle of persons subject to compulsory social insurance in case of temporary disability and in connection with maternity, and the types of compulsory insurance coverage, establishes the rights and obligations of subjects of compulsory social insurance in the event of temporary disability and in connection with maternity, and also determines the conditions, amounts and procedure for providing benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare benefits of citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood.
2. This Federal Law does not apply to relations related to providing citizens with benefits for temporary disability in connection with an industrial accident or occupational disease, with the exception of the provisions and this Federal Law applicable to these relations in the part that does not contradict July 24 1998 N 125-FZ "On compulsory social insurance from industrial accidents and occupational diseases ".
Article 1.1. Legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with maternity
1. The legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with maternity is based on the Russian Federation and consists of this Federal Law, dated July 16, 1999 N 165-FZ "On the basics of compulsory social insurance", dated July 24, 2009 year N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Mandatory Medical Insurance Fund" (hereinafter - the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Fund compulsory health insurance "), other federal laws. Relations associated with compulsory social insurance in case of temporary disability and in connection with maternity are also regulated by other regulatory legal acts Russian Federation.
2. In cases where an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of an international treaty of the Russian Federation shall apply.
1) compulsory social insurance in case of temporary disability and in connection with maternity - a system of legal, economic and organizational measures created by the state aimed at compensating citizens for lost earnings (payments, benefits) or additional costs in connection with the occurrence of an insured event under compulsory social insurance for a case of temporary incapacity for work and in connection with motherhood;
2) an insured event under compulsory social insurance in the event of temporary disability and in connection with maternity - an event that has occurred, with the onset of which the insurer is obliged, and in some cases established by this Federal Law, the insured to provide insurance coverage;
3) compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity (hereinafter also referred to as insurance coverage) - the performance by the insurer, and in some cases established by this Federal Law, by the insured of its obligations to the insured person upon the occurrence of an insured event through payments of benefits established by this Federal Law;
4) funds of compulsory social insurance in case of temporary disability and in connection with maternity - cash, formed by the payment of insurance contributions by the insured for compulsory social insurance in case of temporary disability and in connection with maternity, as well as property in the operational management of the insurer;
5) insurance contributions for compulsory social insurance in case of temporary incapacity for work and in connection with maternity (hereinafter - insurance contributions) - compulsory payments made by policyholders to the Social Insurance Fund of the Russian Federation in order to ensure compulsory social insurance of insured persons in case of temporary incapacity for work and in connection with motherhood;
6) average earnings - the average amount paid by the policyholder in favor of the insured person in billing period wages, other payments and remunerations, on the basis of which, in accordance with this Federal Law, benefits for temporary disability, for pregnancy and childbirth, monthly childcare allowance are calculated, and for persons who voluntarily entered into a legal relationship on compulsory social insurance in case of temporary incapacity for work and in connection with motherhood, - established by federal law on the day of the insured event.
2. Other concepts and terms used in this Federal Law are applied in the same meaning in which they are used in other legislative acts Russian Federation.
1. The insured risks of compulsory social insurance in the event of temporary disability and in connection with maternity are recognized as temporary loss of earnings or other payments, benefits by the insured person in connection with the occurrence of an insured event, or additional expenses the insured person or his family members in connection with the occurrence of the insured event.
1) temporary incapacity for work of the insured person due to illness or injury (except for temporary incapacity for work due to industrial accidents and occupational diseases) and in other cases provided for by this Federal Law;
1. The types of insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity are the following payments:
2. The conditions, size and procedure for payment of insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood are determined by this Federal Law, dated May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" (hereinafter - Federal Law "On State Benefits to Citizens with Children"), dated January 12, 1996 N 8-FZ "On Burial and Funeral Business" (hereinafter - the Federal Law "On Burial and Funeral Business").
1. Citizens of the Russian Federation, foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation, as well as foreign citizens and stateless persons temporarily staying in the Russian Federation (for with the exception of highly qualified specialists in accordance with July 25, 2002 N 115-FZ "O legal status foreign citizens in the Russian Federation "):
1) persons working under labor contracts, including heads of organizations who are the only participants (founders), members of organizations, owners of their property;
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