Benefits at the birth of a child, if the mother does not work, we understand the laws. Maternity leave
- this is always a long-awaited time for any woman. After all, the desire to have a child is inherent in us by nature. When the time comes to go on maternity leave, the question becomes acute for any woman: how to get maternity leave? How much will payments be made, and does the length of service affect the size of these payments? Let's look at all these issues in more detail.
In principle, everyone knows what maternity leave is. This is the period during which a woman is on sick leave to care for a newborn child. It lasts until the child reaches the age at which he is ready to be admitted to a kindergarten - a kindergarten. As a rule, such an event occurs at the age of three years.
In exceptional cases, a mother may decide to send her child to kindergarten early, or extend her maternity leave (usually, this happens on medical recommendations related to the health of the baby).
The first situation, as a rule, is typical for mothers who are engaged in individual entrepreneurship (individual entrepreneurship) and see that sitting on maternity leave is unprofitable for them. In this case, you can send the child to the garden, or the father will be engaged in his upbringing. By the way, in the second case, when the father takes care of the baby, he can go on maternity leave instead of the woman and also receive due payments, as much as he wants (up to the age of three children). But more on that later.
By the way, the right of a woman (man) to maternity leave is regulated by law. All questions on this matter are covered in articles 255 and 256 of the Labor Code.
Who's on vacation?
In principle, a little earlier we already raised the issue that a father can go on maternity leave instead of a mother if a woman is involved in an individual entrepreneur. But not immediately after the birth of the baby. It is clear, after all, that no one will pay a man - this is absurd! But the parental leave - please, the spouses should decide here, if it is really more profitable for them that the mother works (for example, if she is an individual entrepreneur), and the father sits with the child, then they may well change roles, the father will become a householder, and the mother take responsibility for the maintenance of the family.
By the way, not only dad can go on parental leave, but also grandparents. The main thing is that it should be one person who will receive state subsidies. If it turns out that several family members receive maternity leave, a criminal case will be opened against them. So, it is better to be honest with the state, and not try to deceive it.
maternity benefits
Maternity allowance is a broad concept that includes several types social benefits for mom and her baby. So, our state provides for the following payments:
- if mom early (up to 3 months) was registered with the LCD;
- at the birth of a child (moreover, payments increase with each child);
- payments to;
- assistance for a child up to 1.5 or 3 years.
Let's take a closer look at all these payments, and how much they are assigned.
Before the baby is born
This payment takes place immediately after the woman has given birth. You can pick it up from the state within 6 months from the date of birth of the baby. The peculiarity of this payment is that it is given regardless of whether the mother worked before the birth or not.
Payment during pregnancy and after childbirth
If the future mother works, she has every right to apply for this aforementioned assistance. It is produced once. True, in order to get it, you will have to run around: collect the necessary documentation and submit it to the relevant authorities. There are also good news: payment is accrued within 10 days after the submission of documents. It depends on the experience - it is desirable to work for at least two years. By the way, if you combine two jobs, then under legal circumstances you can request payment from both employers. And they have no right to refuse you!
If you did not have a job before giving birth, the payment is made by the local employment agency. But the amount of such payment, of course, will be averaged and accrued from the minimum living wage. If you are involved in IP, accruals will also be made according to separate rules.
Baby care
This allowance is issued after the baby is born. Payments last one and a half or three years. These payments guarantee you a monthly rate of 40% of the salary (of course, the average monthly). And another important condition for the payment is that the person who receives it must be on maternity leave. As soon as he goes to work, there can be no question of any payments.
As a bonus
An incentive payment from the state is considered to be assistance for the third baby (and all subsequent children) that appears in the family. This promotion has been in place since 2013. The amount of the allowance is the subsistence minimum, paid up to the age of three years of the child. But don't rejoice prematurely.
The allowance will be given only if the income for each family member does not exceed the established subsistence level, and the family lives at a registered address and the spouses are citizens of the Russian Federation. So, if you work and get a lot of money for it, according to the state, there can be no talk of any encouragement.
We collect documents
Naturally, without proper documentation, no one will charge you money. To receive any of the above assistance, it is necessary to collect the necessary documents and submit them to the relevant authorities.
To receive money for a pregnant woman in connection with her situation, the following papers are required:
- certificate of temporary disability;
- a statement granting you leave.
To care for a newborn child, the state provided for an allowance, but in order to issue it, you need papers:
- birth certificate (copy);
- leave application;
- an official document of the other spouse from the place of work stating that he does not draw up this assistance for himself.
And who pays?
Benefits related to pregnancy, childbirth, child care are accrued by the Funds social insurance, and pay, despite this, employers.
Does seniority affect maternity leave?
According to last rule, when calculating payments, the income of a woman for the last two years worked before she went on maternity leave is taken into account (for female entrepreneurs, such calculations are made according to other schemes). This means that you need to work at least a couple of years before you plan a pregnancy.
But this does not mean at all that if you worked for a year, six months, or just got a job before you found out about the pregnancy, you will not be credited maternity payments. The only caveat is that the amount of the payment will be calculated for you not for the last two years, but according to how much the minimum payment is, established in your region of residence. So you may not work at all before the decree, but you will receive maternity anyway.
Father on maternity leave
Often a woman (especially if she is engaged in IP, and it is simply not profitable for her to be on maternity leave) has a question: can her husband get maternity instead of her? We have already touched on this topic in passing. But it has a few of its own nuances.
Today, a husband on maternity leave (if the wife is an individual entrepreneur) is far from uncommon. IN Lately an increasing number of women began to pay attention to their careers, they are rapidly climbing the stairs and maternity leave for them is something like throwing back a few steps. Especially if a woman is engaged in IP. In this case, spouses often decide that it is dad who will sit on vacation. This is especially beneficial when mom works as an individual entrepreneur, and dad, for example, is an ordinary employee at a factory.
Outcome
So, you have decided that it is your husband who goes on vacation. It is necessary to collect and provide the employer and the relevant authorities with documents. Which ones - you will be prompted on the spot, because the list may change. Usually these are several certificates from work and a corresponding statement to them.
In the current legislative framework Russian Federation(with changes valid at the beginning of 2018), the concept is not used "maternity leave". This expression is only a slang name common in our country for two types of vacation, following one after another, as a rule, without a break, and drawn up in different ways:
- - is issued in the form of a specified duration;
- - provided for a longer period (until the child reaches 3 years) without interruption seniority and professional experience.
General information
The right to receive maternity leave recorded in the Labor Code of the Russian Federation in Art. 255, . This right is reserved for all working women, including women in the military, the unemployed, students who are officially recognized as unemployed or registered with the labor exchange, as well as women who work in military departments as civilian personnel.
Paid for the period of maternity leave social security benefit, 100% of the expectant mother's average earnings for the previous 2 full years.
The procedure for applying for maternity leave
Sample application letter for maternity leave
An application regarding the need to go on maternity leave is absolutely no different from any other application act, and also has a standard structure:
- “header” (upper right corner of the sheet), which indicates the name of the organization, last name, first name, and patronymic of its head, and in the same corner below the last name, initials, position of the applicant should be indicated;
- the name of the document, namely, the "statement", which is written without quotes in the middle of the sheet below the "cap";
- the main text, which can be presented in an arbitrary format; the main thing is that the applicant is able to register a request for the registration of the leave she needs, its temporary boundaries and state a request for the appointment of one or another allowance;
- all listed below additional documents attached to the application (as a rule, this is the original sick leave issued by medical institution, and the original certificate issued in antenatal clinic, which confirms the state of pregnancy);
- in the lower right corner, the applicant puts the date of submission of the document, as well as his own signature.
After applying and all required documents employer publishes maternity leave order, an example of which is shown below.
The calculation of maternity benefits (maternity) in 2019 is determined by the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" (as amended on May 01, 2017). Your attention is shown how to calculate maternity allowance+ examples.
From January 1, 2013, maternity pay is calculated according to uniform rules. Recall that until the beginning of 2013 it was possible to choose both old way calculation of average earnings (for the last year), and new (for the two previous years).
Current rules
Maternity payments in 2019 are calculated based on the average earnings of the expectant mother, calculated for the two years preceding the year of maternity leave. Middle daily wage for the calculation of maternity payments, it is calculated by dividing the total accrued earnings by the number 730.
Importantly, the maternity allowance cannot be less than the minimum monthly wage (in 2019 it is 11,280 rubles).
The maximum benefit amount cannot exceed:
- 301 095, 89 rubles - with normal childbirth (2150.684931x 140);
- 335 506, 85 rubles. - with complicated childbirth (2150.684931 x 156);
- $417,232.88 - with complicated multiple births (2150.684931 x 194).
If the total insurance period of a woman (the period of official employment) is less than 6 months, maternity payments are accrued in the minimum amount, regardless of the income received.
Before starting the calculation, consider the following:
- item number 1- There is such a thing as the maximum value of the base for calculating insurance premiums. This value changes annually and amounts to: in 2018 - 815,000 rubles, in 2017 - 755,000, in 2016 - 718,000, in 2015 - 670,000, in 2014 - 624,000, etc. When calculating the maternity allowance, all the income of a woman for the year is taken into account, but not more than the specified amount. Those. for example, if Ivanova's income in 2018 amounted to 823,000 rubles, then the amount of 815,000 rubles is taken into account.
- item number 2- Excluded periods. These include: periods of temporary disability (sick leave), parental leave, BIR leave (maternity leave). To determine the average daily earnings for 2 calendar years, the amount of income received is divided by 730 (or 731, if a leap year) minus the days that relate to excluded periods.
- item number 3- If in billing period(when going on maternity leave in 2019, this is 2017-2018) the woman was on parental leave, she has the right to replace one or both years with the previous ones if this leads to an increase in the amount of the BIR benefit.
Calculation procedure:
- We decide which years we take into account the maternity allowance on the basis of paragraph No. 3.
- We calculate the amount of accruals for each year, with the exception of payments for sick leave and other payments from which contributions to the FSS were not accrued. Income from previous employers is also taken into account, for this you will need to provide a certificate of income to your current employer.
- We check point No. 1, if the income for the billing year exceeds the specified amount, we take the limit value. Sum the income for both years.
- We divide the received amount by (730 MINUS excluded periods, point No. 2).
- We got average daily earnings. To calculate the amount of maternity leave, it is enough to multiply it by the number of vacation days (140 days - normal pregnancy, 156 - complicated childbirth, 194 - multiple pregnancy). However, if the daily earnings are less than 311.97 or more than 2150.68 - use the minimum / maximum value.
An example of calculating maternity
- Ivanova's maternity leave began in March 2018. At the same time, until May 1, 2016, she was on maternity leave, and in 2017 she used 10 days of sick leave. To calculate the amount of maternity allowance, you must:
- Calculate the amount of official income at the place of work for 2016 and 2017. For 2016, the amount of income is 705 tr., for 2017 - 760 tr.
- Income for 2017 exceeds the limit, so we get the amount of 705,000 + 755,000 = 1,460,000 rubles.
- The excluded periods are parental leave and sick leave: 121 + 10 = 131 days.
- We consider the average daily earnings 1,460,000 / (730 - 131) \u003d 2,437.40 rubles.
- Daily income exceeds maximum amount at 2,017.81 rubles, so we multiply the indicated maximum amount by the number of vacation days. RUB 2,017.81 * 140 = 282,493.40 rubles.
- Because in 2016, Ivanova was on parental leave, she has the right to replace this year with any previous one if this leads to an increase in the amount of maternity leave. But in the case under consideration, she will receive the maximum possible amount of the allowance, therefore, such a replacement is impossible, because. it loses all meaning.
Since 1995, Law No. 81-FZ has been in force in Russia, which regulates payments to citizens who have children. This is the main regulatory act that determines the payment of child benefits in 2019. However, there are other measures of state support. In particular, these are payments introduced in 2018 by Law No. 418-FZ for families with low level income who have a first or second child. Also, the program for issuing maternity capital, introduced by law 256-FZ since 2007. The amounts of some children's payments this year are increasing due to indexation, as well as an increase in the minimum wage.
Basic child benefits and other payments in 2019
The above and others regulations introduced many different types of material support for families with children. However, there are many nuances in their appointment. The composition of payments and their amount will depend on the following circumstances:
- the level of material wealth of the family;
- the number of children;
- the parent's employment status - whether he or she is working or not;
- living place;
- the mother's status as a conscript's wife and others.
Payments are divided into lump-sum and periodic (monthly), paid up to a certain age of the child.
The main payments for children are presented below:
- Maternity allowance
- A one-time allowance for women registered in medical organizations in early pregnancy
- One-time allowance at the birth of a child
- Monthly child care allowance
- Maternal capital
- Allowance from 2018 for the first and second child
Additional allowance for the third and subsequent children in regions with low birth rates
Some benefits are subject to indexation, which takes place on February 1 of each year, so from this date their amounts often increase. 2019 will not be an exception - benefits will be indexed by 4.3%. In addition, the lower thresholds certain payments are tied to minimum size wages (minimum wage), which from January 1, 2019 increased to 11,280 rubles. This will also affect the amount of benefits.
For early registration
Expectant mothers who work officially at the very beginning of pregnancy can count on a lump sum payment. Since the beginning of February 2019, its size has been 649.84 rubles, and before that it was 628.47 rubles.
To receive this payment, you must contact your employer. This will require the following documents:
- application from the expectant mother for the payment of benefits;
- documents that will confirm her identity and citizenship;
- certificate from a medical institution on registration up to 12 weeks of pregnancy;
- sick leave.
For pregnancy and childbirth
This type of allowance is also called maternity allowance. It is paid in total for the entire period of maternity leave - in the general case, this is 140 days (70 before childbirth and 70 after). In some cases, the duration of the leave is extended (see table below). The amount of the payment depends on the woman's average earnings for 2 years before she went on maternity leave. Thus, the amount of this benefit for each recipient will be individual. But there are certain legal limits.
The minimum allowance is calculated based on the minimum wage. The calculation is:
- average daily earnings for the period - 11,280 x 24 months / 730 (number of days in two recent years) = 370.849 rubles;
- the amount of the benefit for 140 days is 370.85 X 140 = 51,918.90 rubles.
The maximum amount of the benefit is calculated in the same way, but based on the limit value of the base on which the insurance premiums. This value is set by law for each year, and on its basis the maximum average daily earnings are calculated. In 2019, this is 2,150.684931 rubles - it is on the basis of this amount that the maximum amount of the allowance is calculated (rounded 2,150.69 x the number of vacation days).
This information is presented in more detail in the following table:
From the foregoing, it follows that the considered allowance is not due to any woman. Payment is made if:
- is officially employed;
- operates as an individual entrepreneur and at the same time has concluded a voluntary social insurance agreement with the FSS.
In other words, non-working citizens cannot count on maternity payments. The same applies equally to the payment for registration in the first weeks of pregnancy. If the experience of the expectant mother at the time of going on maternity leave was less than 6 months, she will receive an allowance, which is calculated based on the minimum wage.
To receive benefits, it is important not to miss the deadline for applying - this is six months from the date the maternity leave ends. To assign a payment, you need to submit a set of documents to your employer. The exception is women individual entrepreneurs who voluntarily pay for themselves social contributions, - they apply to the territorial administration of the FSS. In general, the following documents are required:
- statement from the expectant mother;
- passport, other identity card;
- certificate of incapacity for work;
- proof of income from other employers, if applicable.
Depending on the specific situation additional documents may be required. For example, if the employer was liquidated, in connection with which the woman was fired, she needs to register with the Employment Service and obtain a certificate from the social authority. security. By the way, very often an employer in the process of liquidation or bankruptcy does not have the funds to pay maternity benefits. But this does not mean at all that a woman will not receive it. In this case, it will be paid by the Social Insurance Fund. Thus, if the employer refuses to pay benefits due to financial insolvency, a woman can apply directly to the FSS.
At the birth of a child
The birth allowance is paid regardless of the level of material support of the family, as well as whether the child's parents work or not. The only difference is where to apply for it and what papers to provide. In any case, the amount will be the same:
- until February 1, 2019 - 16,759 rubles;
- after the specified date and before the next indexation (or other change) - 17,328.89 rubles.
If at least one of the parents is employed, he must apply for this allowance from the employer. For this purpose, non-working citizens visit the territorial division of the Social Security Administration. The term of application is 6 months from the date of birth of the child. Lists of documents are given below:
The documents | If at least 1 parent works | If both don't work |
---|---|---|
Personal | passport or other identity document | |
Basis for awarding the payment | grant application | |
per child | child's birth certificate | |
certificate from the registry office on the registration of the child | ||
certificate from the registry office on the basis for entering information about the father of the child into the birth certificate (for single mothers) | ||
Confirming working status | if both parents work - a certificate from the place of work (service) of the other parent about the non-assignment of this allowance; if the other parent is not officially employed, a certificate from Social Security that he (a) did not receive this benefit; if the mother is an individual entrepreneur, a certificate from the FSS on non-receipt of benefits |
work books with records of the dismissal of both parents; for those who did not work - diplomas, certificates and other documents confirming the absence of labor activity |
Caring for a child up to one and a half years
Any parent or other relative who directly cares for the infant is entitled to receive such allowance on a monthly basis. At the same time, the employment status of the recipient does not affect the fact of grant assignment. But since it is calculated on the basis of wages, unemployed citizens will receive it in the minimum amount:
- for the first child - 4,512 rubles (40% of the minimum wage in the amount of 11,280 rubles);
- for the second and subsequent children - 6,284.65 rubles (the amount has not changed since 2018).
Employed persons will receive 40% of the average earnings for the previous 2 years, but not less than the given values.
It should be noted that the minimum payment for the first child in the amount indicated above is due to those to whom it is assigned after January 1, 2019. If the allowance was assigned earlier than this date, then it will be less, since its amount is determined on the day the parental leave begins. This benefit also has an upper limit - it depends on the amount of the maximum average earnings, as is the case with the payment for pregnancy and childbirth. As a result, the maximum amount of the monthly allowance for a child under 1.5 years old in 2019 is 26,152.33 rubles.
You must apply for this allowance no later than 6 months from the day on which the child is one and a half years old. Employed persons apply to their employer, and unemployed persons - to the local Social Security Administration.
The standard set of documents consists of:
- identity cards;
- grant applications;
- birth or adoption certificates of a child;
- documents for other children (including the deceased - death certificates).
Additional documents depend on whether the applicant is employed or not. If he is employed, then he must attach to the papers listed above:
- application for parental leave;
- a certificate from the place of work or study of the second parent, confirming that he did not receive a similar allowance.
If the applicant is not currently working, then there are a little more documents:
- employment history;
- information about the average earnings on the basis of which the allowance is calculated;
- a certificate from the employment service that the applicant is not receiving unemployment benefits.
If the mother was dismissed from the liquidated organization before the child was one and a half years old, a copy of the order to grant her leave to care for the child will be additionally required.
Maternity capital in 2019
A significant measure of financial support is maternal or family capital. A certificate for its receipt can be obtained at the birth of a second and subsequent child. So far, the country's authorities plan to issue it until 2021 inclusive. In 2019, the amount of capital was not indexed and still amounts to 453,026 rubles.
Maternity capital is given only once. Women who have given birth or adopted, as well as men who have adopted a second and subsequent children after the onset of 2007, can use it. You can spend maternity capital for certain purposes, including improving living conditions, education of children, costs of adaptation of disabled children, increase in the mother's pension and monthly payment. Moreover, the allocated funds can be divided between any of these purposes or used for one thing.
Documents for receiving funds from maternity capital are submitted to Pension Fund. The package includes:
- documents proving the identity and confirming the citizenship of the applicant;
- an application for a certificate, the form of which can be obtained from the Pension Fund of the Russian Federation or downloaded from the fund's website;
- SNILS;
- documents for children (birth certificate, court decision on establishment, etc.).
New allowance for the first and second child
In 2018, a new monthly allowance in the form of targeted payments to low-income families in which children were born after December 31, 2017. Payment is due until the child reaches one and a half years. Only families whose income does not exceed 1.5 times the subsistence minimum established in the region of residence for the able-bodied population are entitled to it.
The amount of the allowance is equal to the subsistence minimum for a child, established in the region based on the results of the 2nd quarter of the previous year. For example, in Voronezh region the amount of the allowance will be 8,428 rubles, in Murmansk - 15,048 rubles, and in Chukotka - 22,222 rubles. On average in Russia, the amount of such benefits is just over 10,000 rubles. This amount is paid from different sources, depending on which child it is due to:
- if the former, then the source of payment is the federal budget;
- if on the second, then the payment is made from the funds received from the maternity capital.
These payments are made in addition to the monthly allowance for child care.
Additional allowance for a third child up to three years
Since the beginning of 2013, regions with a low birth rate compared to the Russian average have been establishing additional support for large families. This is the payment of a monthly allowance for the third and subsequent children in the amount of the child's regional subsistence level, calculated for the previous quarter.
In 2019, such payments will be made in 62 regions - compared to last year, their number has increased by almost a third. Full list participating entities can be found in the order of the Government of the Russian Federation No. 1747-r dated August 24, 2018.
The payment is due to one of the parents of a child under three years of age born after the beginning of 2013, provided that the parent and this child are registered in the relevant region. There are also conditions regarding the amount of family income and other rules established in specific regions.
Other support measures
Along with the payments considered, there are others, including those related to certain categories families. For example, a conscript's pregnant wife has the right to count on a lump sum payment in the amount of 26,721.01 rubles. And a person who cares for the born child of such a serviceman can receive a monthly allowance in the amount of 11,451.86 rubles.
In addition, there are nuances of local legislation that may provide additional support for certain categories of families with children. They can be expressed both in payments and in the provision of certain benefits. For example, in Moscow, at the birth of a child, a one-time compensation is provided, and if the family is young, an additional allowance is also provided. Detailed information about regional benefits and payments, it is recommended to obtain in local authority social protection of the population.
Summary table of basic child benefits in 2019
Name | Amount (in rubles) from February 1, 2019 |
---|---|
One-time payments | |
For early registration | 649,84 |
For pregnancy and childbirth | 100% of average earnings for the entire vacation period, but not less than 51,918.90 |
At the birth of a child | 17 328,89 |
Maternal capital | 453 026 |
The pregnant wife of a military conscript | 26 721,01 |
Monthly allowances | |
Care up to one and a half years | 40% of the average salary, but not less than:
|
For 1 and 2 children (new, from 2018) | In the amount of the regional subsistence minimum for a child for the 2nd quarter of 2018 |
For 3 children up to three years | In the amount of the regional subsistence minimum for a child for the last quarter |
Caring for a child of a military conscript | 11 451,86 |
Changes and rules for the payment of child benefits for residents of the new region of the Russian Federation (Crimea)
The annexation of Crimea meant a complete change in the social foundations of the inhabitants of the Republic. Great attention is paid to child benefits.
Many parents were worried that Russian child allowances were noticeably different from Ukrainian ones.
After four years, residents of Crimea have become full citizens of the Russian Federation and have the opportunity to receive social benefits in full.
The striking difference between Ukrainian payments and Russian payments is the amount. For example, if in Russia about 15 thousand rubles are paid for the first child, then in Ukraine such an allowance reaches 30 thousand.
It is worth noting that cash immediately go to the account of parents, without waiting for a certain age of the child.
Due to the fact that most women received a “white” salary and in an envelope, the calculation average salary was produced not for the past two years, but for a shorter period: from March 18, 2014. - 289 days in 2014 and 654 days in 2014 and 2015. This system was in place until 2017.
Therefore, on the territory of the Republic of Crimea, there are generally accepted minimum payments of childcare benefits in the amount of 4,512 rubles. for the first child, and 6,284.65 rubles. after the appearance of the second and following.
Despite the social reforms carried out at the end of 2015, regional payments of child benefits are applied exclusively to the Republic of Crimea. This is due to the fact that before the annexation of the peninsula, the government of Ukraine paid benefits for the appearance of a newborn significantly higher than in Russia.
But it was decided to issue certificates of maternity capital to all persons who are guardians of children who have had a second child over the past seven years. Since 2014, in the Republic of Crimea, the size and procedure for obtaining maternity capital have been equated to all other regions of the Russian Federation.
However, the size of the subsidy payment differs when adopting children, as well as children with disabilities, or guardianship of several children at the same time.
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