When they pay maternity. How much you need to work to get maternity: official data, law
A decree (lat. Decretum decree from decernere - decree) is a legal act, a decree of an authority or official. In everyday life, maternity leave or maternity leave is called social assistance, maternity leave (M&R). All this is connected with caring for the health of the mother and her unborn baby. So, maternity - this is the period of stay on sick leave in connection with pregnancy and childbirth, and the provision of state social benefits the size of which depends on many factors. Sometimes a maternity leave is also called a maternity leave until it reaches the age when children are admitted to kindergartens. This is a bit wrong.
1. Maternity leave, maternity allowance, maternity benefits according to the Labor Code of the Labor Code of the Russian Federation
Legislatively “maternity leave” is regulated. As well as "On compulsory social insurance in case of temporary incapacity for work and in connection with motherhood", which details the description of which week they go to maternity leave pregnancy childbirth and how long it lasts. About the calculation and calculation of maternity payments 2019 be sure to read Order of the Ministry of Health and Social Development of the Russian Federation of December 23, 2009 No.
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1.1 Who receives maternity and childcare benefits in 2019
All working women are entitled to maternity benefits (Law of May 19, 1995 No. 81-ФЗ, part 4 of the Law of December 29, 2006 No. 255-ФЗ, subparagraph “a”, “e” paragraph 9 and paragraph 14 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia December 23, 2009).
- women subject to compulsory social insurance in case of temporary disability and in connection with motherhood;
- women dismissed in connection with the liquidation of organizations, the termination by individuals of activities as an individual entrepreneur;
- women studying full-time on a paid or free basis in educational institutions of primary vocational, secondary vocational and higher professional education;
- contracted women;
- women specified in subparagraphs "1" - "4", when they adopt a child (children) under the age of three months.
Foreign employees temporarily or permanently residing in Russia and working here, maternity allowance is paid according to Russian law and at the expense of the FSS of Russia.
Foreign employees temporarily staying in Russia, maternity benefits are NOT relied upon. Because they are not insured in the event of temporary incapacity for work and in connection with motherhood, they are not subject to insurance contributions to the Social Insurance Fund of the Russian Federation for the amount of payments and remuneration under labor contracts and civil law contracts, including under copyright contracts (clause fifteen )
Citizens of the Republics of Belarus, Kazakhstan and Armenia who work in Russia under employment contracts, pay maternity allowance under Russian law at the expense of the FSS of Russia. That is, follow the general rules.
The duration of work under an employment contract (length of service) does not affect the fact of payment of benefits, but on its size.
So, a woman with an insurance experience of less than six months is entitled to receive maternity benefits in the amount of average earnings, but not more than 5,965 rubles. (from January 1, 2015) taking into account the district coefficients for the full calendar month (part 3, part 6 of the Law of December 29, 2006 No. 255-ФЗ).
Can “baby” benefits be given to dad of a newborn?
The child's father can receive a one-time child, as well as for the child. After all, any of the parents or the person replacing him has the right to receive this allowance.
But maternity allowance for pregnancy, males are not prescribed for men - this is understandable. Therefore, a family in which mom does not work will not receive such a benefit. Indeed, the benefit is paid only to women who are insured persons, that is, working under employment contracts.
If a woman is not “insured”, i.e. does not have a permanent job, then the following cases of payment of maternity leave are possible:
- Women entrepreneurs who are engaged in individual entrepreneurial activity receive this allowance only if they are members of a voluntary social insurance fund and have paid contributions for at least six months before decree. depends on the amount of contributions paid.
- Women who were dismissed in connection with the liquidation of an enterprise (organization) receive maternity in 2019, monthly, but only if they are registered with the employment center.
- Full-time students (paid / free forms of study) have the right to count on maternity, which are paid at the place of study.
- Unemployed womennot registered at the employment center, maternity payments are not made.
Note: If a woman at the time of the beginning of maternity leave works according to the GPA, she will not receive benefits (part 1 of the Law of December 29, 2006 No. 255-FZ).
Term for applying for benefits
You need to apply for payment no later than six months from the day the maternity leave ends (the period for which the sick leave was issued upon adoption). Such an order is established by Articles 7, 17.2 of Law No. 81-FZ of May 19, 1995, Articles 10, 12 of Law No. 255-FZ of December 29, 2006, paragraphs 10, 11, 13, 80 of the Procedure approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009, No. 1012n, and article 255 of the Labor Code of the Russian Federation.
If the appeal period is missed, the benefit will be paid only if there are valid reasons for the delay (part 3 of article 12 of the Law of December 29, 2006 No. 255-FZ, paragraph 80 of the Procedure approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012n) . The list of good reasons was approved by order of the Ministry of Health and Social Development of Russia dated January 31, 2007 No. 74.
When listed, maternity payment deadlines
According to the order approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n for women specified in subparagraphs “a”, “c” and “d” of this Procedure, maternity benefits are assigned and paid no later than 10 days from the date of receipt (registration) of the application with all necessary documents.to the menu
1.2 Minimum, maximum amount of maternity 2019
The total amount of the maternity allowance in 2019 should be in the range from the minimum maternity allowance to the maximum amount of the B&R benefit
from 51 918.90 rub. up to 282,493.15 rubles.
Because not all expectant mothers have 2 years of work experience, someone has just started working, someone is an individual entrepreneur or is still studying, and some for some reason do not work, so for them their maternity leave calculation.
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1.3 According to what formula maternity benefits are calculated. Calculation of maternity
If in the sick leave for pregnancy and childbirth a mistake was made in the deadline
Everyone is mistaken, even doctors. And what should the accountant do if he finds an error in the term of the sick leave for the maternity worker, for example, instead of 140 days, 141 days are indicated.
When there is clearly a clerical error approved by a doctor. It makes no sense to drive a pregnant woman to polyclinics and take a sick leave without reissuing. You just need to pay 140 days and indicate this in the calculation, which is attached to the certificate of incapacity for work.
And, of course, in the application for maternity leave, your employee must indicate the period of such leave is exactly 140 days, and not the period indicated in her sick leave.
ALGORITHM for calculating maternity benefits - bi benefits
1. For the two preceding years of the beginning of the corresponding vacation of the calendar year (for vacation beginning in 2014 it is 2012 and 2013, from January 1 to December 31), we calculate the amount of accruals (wages and other accruals) taxed by contributions to the Social Insurance Fund. Moreover, according to if in one or both years there was at least 1 day of leave for biomedical care / care, this year can be replaced by any previous calendar year (at the employee’s choice), if the benefit is more from the replacement (a replacement application is required with indicating the selected year / s).
2. The amount for each year is compared with the maximum size of the base for insurance premiums for this year (2011 - 463,000 rubles, 2012 - 512,000, 2013 - 568,000, 2010 and previous ones - 415,000 rubles), we take a smaller amount for each year. Add up the results.
3. Compare this amount with the minimum amount of maternity (x 24), take more (in 2014 the minimum wage is 5554 rubles, regardless of region).
4. Divide the amount by the number of calendar days in these two years (for 2012 (leap) and 2013 - 731), subtracting from these days the days that fell on temporary disability, leave for B&R and leave for childcare, leave without maintenance.
5. Divide the amount of the maximum size of the base for contributions to the Social Insurance Fund for the previous two calendar years (for vacation starting in 2014 it is always 2012 and 2013, regardless of the replacement of years for earnings) by 730, compare with the result from paragraph 4 take less.
6. For the B&R benefits - we multiply the result from p. 5 by the number of days of leave for B&R.
7. For the care allowance - we multiply the result from paragraph 5 by 40% and 30.4, compare it with the minimum amount of maternity allowance established for the corresponding year, take more, for Chernobyl - we multiply by 2.
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2. Start and end of maternity leave
Often they ask the question: "Maternity leave from which week begins?". The maternity allowance is paid to the insured woman in total for the entire period of maternity leave of 70 (in the case of multiple pregnancy - 84) calendar days before delivery and 70 (in the case of complicated birth - 86, at the birth of two or more children - 110) calendar days after delivery.
2.1 From what week when they go on maternity leave
A bi-directional sick leave is issued for a period of 30 weeks (or 28 if the pregnancy is multiple). To be more precise, according to 70 calendar days before giving birth, women are granted maternity leave upon their request and on the basis of a disability certificate (sick leave) issued in the established manner (84 in the case of multiple pregnancy). During these periods, you must contact the medical institution in which you are registered, for, then to present it at work to assign benefits. You must pay according to claim 1 within 10 days after you submit the required documents. Now you know when they go on maternity leave.
2.2 How long the maternity leave lasts - maternity leave
The total duration of maternity leave is from 140 to 194 days. Details are shown in the table.
Maternity leave (days)
Deadlines for child benefits
Payments per child can be received within six months from the moment a certain event occurs (for example, the end of maternity leave, the child’s birthday, etc.). This is stated in the Law of May 19, 1995 No. 81-ФЗ and paragraph 80 of the Procedure approved by Order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012н.
Note: See more details about the periods during which you can apply for payments.
To assign maternity benefits, you need not only a sick leave, but also. No application, no benefits, because an employee can work at this time!
The employer must provide leave from the date that is reflected in the application. It should be borne in mind that the end date of the vacation should correspond to the date from the sick leave. That is, the end date of the vacation is not transferred. This means that in fact the vacation will be reduced by the number of days that the employee worked without arranging the vacation.
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3. How is maternity leave issued?
If you are eligible for benefits, there is a specific maternity leave procedure. To do this, collect the following documents:
- A hospital issued by a medical institution in which a woman is registered, it is provided at the onset of the 30th week of pregnancy (the 28th with multiple births);
- If there were several places of work for the last period, maternity payments are made to the place of the last of them, a certificate is required that payment was not made in another place;
- Application for the appointment of maternity allowance;
- Upon dismissal as a result of the liquidation of the company, maternity payments are made by the social welfare department provided that they are registered with the employment service and a certificate is available (the benefit in this case will be 515 rubles per month);
- If it is not possible for the employer to pay the benefit, it is paid by the insurance company, the name of which you can see on the MHI policy.
Based on these documents, the head of the company issues an order to provide maternity leave employees in the form No. T-6 (paragraph 1 of the instructions approved by the Decree of the Goskomstat of Russia dated January 5, 2004 No. 1).
With complicated births, the duration of postpartum leave increases. Childbirth, which doctors consider complicated, is listed in the Instruction of the Ministry of Health of Russia dated April 23, 1997 No. 01-97. An increase in maternity leave will be indicated on an additional sick leave, which will be issued to the employee. In this case, she needs to pay an allowance.
In order to extend maternity leave due to complications, the employee must submit a statement to the administration of the company. On its basis, the head of the company issues an order to extend the employee maternity leave. The standard forms of these documents are not provided by law. Therefore, they can be composed in any form.
Period for applying for the Maternity Benefit
According to paragraph 2, Maternity allowances are assigned if the appeal was followed no later than six months from the end of the maternity leave.Reschedule the start of maternity leave
An employee has the right to postpone the start date of maternity leave. That is, to go on vacation later than the date indicated on the sick leave. The fact is that the sick leave entitles the employee to leave. However, when to use this right, the employee decides for herself. After all, the basis for the vacation is. Until she writes it, she may continue to work for some time after receiving the sick leave. During these days, the employer must pay salaries on a common basis.
For example, if maternity leave falls at the end of December, it may be more profitable to postpone its beginning to January next year. In this case, the billing period for calculating benefits will be different. For example, if the start of vacation falls on December 2015, then the billing period will be January 1, 2013 - December 31, 2014. And if for January 2016, then the period from January 1, 2014 to December 31, 2015 is taken for calculation. If an employee had a high average earnings in 2015, it would be more profitable for her to postpone the start of her vacation to 2016.
There is no ban on such a transfer of the settlement period in the Law of December 29, 2006 No. 255-ФЗ. This means that the employer can pay the benefit, which will subsequently reimburse the FSS of Russia. To exercise the right to leave from a certain date, the employee writes a statement stating the start date of the leave. The employer must provide leave from the date that is reflected in the application. It should be borne in mind that vacation end date should correspond to the date from the sick leave. That is, the end date of the vacation is not transferred. This means that in fact the vacation will be reduced by the number of days that the employee worked without arranging the vacation.
Example of transferring the start date of maternity leave
I.I. Ivanova has been working in the organization since February 1, 2014. Until that date, she did not work anywhere. In December, she received a sick leave, according to which she should go on maternity leave from December 18, 2015.
However, Ivanova decided to postpone the start date of the vacation until January 1, 2016, so that the salary for 2014 and 2015 would be included in the calculation period. In the period from December 18 to December 31, 2015, Ivanova continued to work.
On December 29, 2015, Ivanova wrote a statement on granting her maternity leave from January 1, 2016. In this case, the end date of the vacation remains the same (in accordance with the sick leave). Since January 1, the employer has granted Ivanova leave. To calculate the allowance, the accountant took into account the income received by Ivanova for the period from February 1, 2014 to December 31, 2015.
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4. Seniority on maternity leave, who and how to pay maternity leave, payment procedure, calculation of maternity leave
How to pay maternity if a woman works in several places at once.
What kind of maternity allowance can she expect, for example, working in her main place of work and having two more external part-time jobs?
If an employee at the time of taking maternity leave was employed by several employers and worked for them in the previous two calendar years, each of their employers must pay her benefits.
This benefit is calculated and paid based on the average earnings for which insurance premiums are accrued, by each employer separately. And the maximum taxable base applies to each policyholder.
Therefore, the total amount of benefits that the expectant mother will receive in all three places of work may exceed the maximum taxable base.
But which of the employers will pay the monthly childcare allowance, the employee needs to determine herself - to receive it immediately from all her employers will not work
Where are sick and maternity paid?
When an employee has several places of work, he can choose in which place he will receive payment of benefits for temporary disability (sick leave) and for maternity (maternity).
Moreover, each organization in calculating benefits can take into account the amount of earnings in an amount not exceeding 624,000 rubles. for 2014 and 568,000 rubles. for 2013. These amounts include income received from other employers in the billing period. However, if the benefit is assigned by several organizations, then each of them takes into account the income accrued by it in amounts not exceeding 624,000 rubles. for 2014 and 568,000 rubles. for 2013 (part 3.1 of article 14 of the Law of December 29, 2006 No. 255-FZ). Thus, when receiving a sick leave or maternity allowance from several employers, a worker can collectively receive the allowance calculated from the amount of earnings exceeding the specified maximum earnings.
Deadline for maternity allowance
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5. Calculation of maternity leave
As a general rule, maternity should be calculated on the basis of the employee's income for two calendar years preceding the first day of maternity leave. Accrual maternity allowance in 2019 year should be carried out taking into account new limits - the maximum salary for calculating insurance premiums. In 2019, the marginal amount of earnings will change, which must be taken into account when calculating maternity and other benefits. For these purposes, it will be necessary to take the maximum from the state extra-budgetary funds. It is important to remember that how "discretionary" are considered, and children's benefits that are assigned at the end of the year, for example, 2014, are calculated based on earnings for 2012 and 2013.
The amount of the allowance for the entire maternity leave is determined once - from the day when the woman actually goes on maternity leave. This date should be indicated.
If an employee went on maternity leave in December 2014, the maternity allowance is calculated from the employee's income for 2012 and 2013. The maximum amount of daily earnings that can be taken into account when calculating benefits is equal to 1,477.43 rubles. ((512,000 rubles + 568,000 rubles): 731 days), because 2012 is a leap year.
If maternity leave begins in 2015, the billing period will be 2013 and 2014. The maximum amount of payments that can be included in the calculation of benefits will increase to 1,192,000 rubles. (568,000 + 624,000). The average daily earnings will increase to 1632.88 rubles. (1,192,000 rubles: 730 days).
How to get maternity allowance at the place of study
Maternity allowances are granted to female students. Provided that they study full-time in an educational institution of primary, secondary, higher or postgraduate professional education. For example, in an institute, university, academy, lyceum, school or college. The right to receive benefits does not depend on whether training is paid or free (letter from the FSS of Russia dated August 9, 2010 No. 02-02-01 / 08-3930).
The amount of the allowance is calculated based on the size of the scholarship established by the educational institution (it cannot be lower than established by law).
Note: Articles 6, 8 of the Law of May 19, 1995 No. 81-ФЗ, subparagraphs “c”, “e” of paragraph 9 and paragraph 12 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012н.
The allowance is paid by an educational institution (approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012n).
To receive the allowance, submit to your educational institution a certificate from a medical institution that will be issued by a doctor (subsection “c” of clause 16 of the Procedure approved by Order No. 1012n of the Ministry of Health and Social Development of Russia of December 23, 2009). Students of educational institutions of primary vocational, secondary vocational and higher professional education and institutions of postgraduate vocational education do not receive a sick leave (paragraph 26 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). In addition, a statement may be required in the name of the rector (other official) with a request to assign benefits.
The allowance will be assigned and paid within 10 days from the moment the woman submits all the necessary documents and they will be accepted (para. 1 p. 18 of the Procedure approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012n).
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5.1 How to calculate maternity benefits, maternity allowance
How is maternity leave paid? Very simple! You need to calculate the amount of maternity allowance yourself in advance to facilitate the process of planning your family budget. In the amount of maternity, i.e. the amount of money received in this case from the state is affected by:
- length of service;
Note: Since the maternity allowance is paid to a woman who is insured in the Social Insurance Fund with a work experience of at least 6 months.
- average earnings;
Note: The higher the average salary, the greater the amount of calculation of maternity
- payroll;
- region of residence;
Note: The regional coefficient for wages is taken into account.
- maternity or
- childcare allowance.
- disability certificate ();
- some employers ask you to write a statement, although a sick leave is usually sufficient;
- if the calculation of benefits for B&D will be made at one of the last places of work of the woman’s choice: a certificate from another policyholder stating that this policyholder is not assigning and paying this benefit;
- if you want to replace the estimated years (or one year) with earlier years, then you also need an Application to replace the year;
- .
Note: If during the billing period a woman worked with other employers. The certificate of maternity leave also indicates excluded periods.
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5.2 2019 maternity calculator online
Manually calculating the amount of the maternity allowance is quite laborious. Therefore, questions always arise: maternity leave as paid, how maternity leave is calculated online. An exact maternity leave calculator, which is part of a special program, is presented to your attention.
Using Maternity calculator you can calculate the maternity allowance (sick leave) and the monthly allowance for childcare up to 1.5 years. in accordance with all approved rules. The calculation of maternity is free, provided by the service - this is a web service for entrepreneurs and accountants, which allows you to bookkeeping and submit reports online.
After entering the necessary earnings data for 2 settlement years, the script will automatically calculate the amount of the selected allowance. All necessary restrictions are taken into account. You can also see tips with links to articles of regulatory documents.
The program calculates the maternity allowance (sick leave) and the monthly allowance for caring for a child under 1.5 years old in just 3 steps.
Step 1 . First selectwhat you will consider:
Step 2 At the second step, the earnings for 2 settlement years and other parameters necessary for calculating the average daily earnings are indicated.
Step 3 At the 3rd step, you will see the final calculation of the allowance.
Documents required for the appointment and payment of maternity benefits
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7. Questions on maternity leave, maternity leave
Video 2019 Benefit Calculation
General rules for assigning benefits 1:20
Option 1: benefits are paid at each place of work 3:17
Option 2: benefits are paid at one place of work 3:09
Option 3: benefits are paid either as in option 1 or as in option 22:09
The procedure for calculating hospital benefits 6:38
If an employee works part-time 6:55
If an employee works on the basis of external combination 5:14
Features of the payment of benefits for the care of children (other family members) 4:20
Features of the payment of hospital benefits 2:45
The procedure for calculating maternity and childcare benefits 12:48
Documents that an employee must submit for assignment and payment of benefits 7:00
Calculation of benefits in 2015 1:36
Answers to questions from the participants of the webinar “Calculation of Benefits - 2014. Solutions for Frequent and Confusing Situations” 13:58
Legal acts governing the payment of benefits 6:01
Migrant Benefits 1:15
Features of the calculation of benefits in the Crimea and Sevastopol 2:38
The procedure for calculating temporary disability benefits 3:20
The procedure for calculating the maternity allowance, the monthly childcare allowance 5:42
Calculation of benefits based on the minimum wage 5:33
Documents for assigning benefits 4:13
If the region participates in a pilot project of the FSS of Russia 1:56
Answers to questions from the participants of the Benefits 2015 webinar 8:02
Note
Women planning a pregnancy are often interested in answers to questions directly related to antenatal leave, parental leave, and cash benefits guaranteed by the state during this period.
They want to find out how maternity benefits are paid - before or after childbirth. Future parents are looking for detailed information about the benefits due to them, indicating a list of documents that must be presented to the employer to receive payments.
It is worth noting that the majority of women under maternity means absolutely all state-guaranteed payments in favor of pregnant and newly-made mothers. How are maternity benefits paid?
Where to begin
A working woman needs to contact her employer and provide a package of documents to draw up the required benefits:
- Sick leave issued by the antenatal clinic at thirty weeks of pregnancy.
- A statement addressed to the director.
The accountant accepting the documents should inform the account how much maternity is paid, since each organization has specific dates for transferring funds to employees' accounts.
How much are maternity benefits paid? The amount of money provided to a woman directly depends on the size of her salary and can be made at any of the last places of work, however, at the place of payment, it is necessary to confirm the fact of accrual of such benefits from another employer.
To calculate maternity allowance, you can submit an application to replace the accounting year with an earlier one in order to get the maximum (if possible) payments.
If the period of the estimated year includes the time of work at another enterprise, then the pregnant woman has an obligation to provide a salary certificate for that period from the relevant employer.
Grounds for recalculation of maternity benefits
If you have some additional documents or if you decide to recount maternity payments according to other criteria, you have the right to apply for a change in the amount of payments within the statutory limitation period (it is three years).
How much will a woman receive benefits in several places
If two years before submitting documents for maternity leave, a woman was engaged in several jobs, in this case maternity funds are paid based on the total amount of earnings with all salary certificates, but she can receive payments for caring for an already born child only on the basis of on one source.
Usually the place of work is chosen where the average income of the woman was the highest.
If, at the time of the provision of the sick leave from the antenatal clinic, the expectant mother is considered to be employed at several institutions at once, but has been employed by another employer for the previous two years, then maternity benefits are paid by one of the current employers to choose the mother in labor based on the average income .
If the number of woman’s workplaces exceeded the corresponding amount when applying for maternity leave, then in this case funds are provided either in all places of employment, or in one, but based on the total income of all employers.
Are maternity benefits paid to the unemployed?
The size and general conditions for the payment of maternity benefits are of particular interest to nowhere working women in the situation. What types of benefits are due to them in connection with their pregnancy, as well as with the onset of motherhood, and what amount of payments should be expected?
Maternity Benefit
How are maternity housewives paid? Payments are not made if the woman was unemployed or became her during pregnancy. This is a common practice. However, there are categories to which the allowance is nevertheless laid:
If the dismissal of the expectant mother was associated with the liquidation of the place of work, as well as with the termination of the activities of individuals as an individual entrepreneur, with the loss of authority by notaries involved in private practice, with the termination of the status of a lawyer within twelve months that have elapsed before the day of recognition of these persons as unemployed in the established laws order.
How are maternity benefits paid - before or after childbirth? The allowance for women is allocated at the expense of the FSS from the amounts provided by the federal budget and is paid after applying for the corresponding application.
How long maternity payments are paid can be clarified in the FSS regional office by calling the hotline.
Additional accruals at the expense of the funds of the relevant entity are possible if local authorities provide additional maternity benefits if the woman is studying at an educational institution of various degrees of accreditation, as well as in postgraduate education institutes at the time of submitting a disability certificate. In this case, the maternity leave will be equal to the size of the scholarship of the relevant educational institution and paid at the expense of the federal budget or the budgets of the constituent entities of the Russian Federation.
Relationships between the employment service and a pregnant woman
Can an unemployed get maternity allowance? How is it paid in this case? If a woman has lost her job, she can register with the employment service and receive unemployment benefits.
Women officially recognized as unemployed cannot legally receive maternity allowance. While on maternity leave, a woman is not entitled to the provision of unemployment benefits. The period indicated on the certificate of incapacity for work, which is provided to her for a period of thirty weeks, is the period during which the specialist working in the employment service does not appoint visits to the service in order to find work.
If the woman wishes and is able to start work at the end of this period, unemployment benefits are renewed (if the payment period has not expired). If the mother is not ready to start work, payments are suspended.
Issuance of a lump-sum allowance to expectant mothers who have registered for pregnancy in the early stages of antenatal care
The allowance, which is paid to a woman in case of registration at an early date (i.e. up to twelve weeks), is assigned and paid by the employer on the basis of a certificate. Accordingly, women who are not officially employed are not eligible for maternity leave due to the lack of authority of the employment center to pay them.
Women who received dismissal in connection with the liquidation of the institution, as well as students, are entitled to receive benefits similar to the practices already described.
Getting benefits at birth
The father or mother of a newborn is entitled to a lump-sum birth allowance. At the birth of two or more children, a cash payment is made based on each baby.
Place of receipt of this allowance depends on the status of parents:
- If only one of the parents works, the allowance issued at the birth of the child is calculated and issued at the place of his employment. For example, if a man works, but a woman does not, benefits can only be obtained at the place of work of the father. It is established at the legislative level.
- If both parents have the status of unemployed or are full-time students in educational institutions of any degree of accreditation, then this benefit is allocated at a time by the social protection authority at the place of residence of the father or mother of the child.
- A single mother with unemployed status has the right to payment of a lump-sum allowance for the birth of a child by the social protection authority at the place of residence.
- A disabled mother-student, in the case of full-time studies, has the right to benefit. Its issuance has been carried out by social protection authorities since 2010, although earlier the mother would have been forced to contact her educational institution.
You can get money through postal organizations or banks indicated by parents.
Childcare allowance for children under one and a half years
How are maternity benefits paid after the baby is born? Assign an allowance that is issued every month to care for a child, an unemployed woman can only in the case when she does not receive monetary compensation for unemployment. Payment is possible at the place of residence from the date of birth until the child reaches the age of one and a half years.
There is a two-variant system for students: they can choose either payments related to caring for the baby, or compensation for pregnancy and childbirth. How much is maternity leave paid to a woman receiving full-time education? They are produced from the day of birth and for one and a half years in the first case, and from the date of termination of maternity leave until the same one and a half years, the child is executed.
Required documents:
- statement;
- birth certificate of children (child), for the care of which a benefit is assigned;
- birth certificate of the previous child with a copy (in case of death of the previous one, a death certificate with a copy is given);
- certificate that the father of the child does not receive benefits from social security authorities (if he does not work);
- a copy of the work book with the provision of an identity document;
- certificate from the employment service about not receiving unemployment benefits (unless the mother is a student);
- a certificate issued by the relevant organization confirming the residence of the person submitting the documents, together with the child who is supposed to be taken care of;
- for full-time students, a certificate of benefits paid earlier, as well as a certificate confirming the presence of this person in the lists of full-time students.
How is maternity leave paid when the address of registration and location do not match? If a woman applied for the payment of benefits not at the place of registration, but at the place of actual residence, respectively, you will need a certificate from the social protection authority at the place of registration about the absence of cash payments.
An important point: a woman who is not working at the time of registration cannot transfer her right to receive leave to care to any of the other close relatives of the child, since the possibility of her rest from work duties due to the lack of them is practically excluded. That is, she does not have the right to leave and transfer it to someone.
If the locality or area of \u200b\u200bresidence involves any so-called district wage coefficients, then when calculating benefits, they will certainly be taken into account in full.
An unemployed woman with a child cannot receive:
- compensation issued during the first three years of the baby's life (its size is fifty rubles);
- a lump sum paid upon registration at an early date;
- maternity allowance.
Where to apply for unemployed benefits
The unequivocal answer: to the nearest department of social protection of the population according to the place of registration. The payment in this case is the responsibility of the territorial social insurance fund.
If you register for unemployment, you can also get the right to accrue appropriate benefits. The list of documents is indicated on the stands and websites of the relevant authority and is uniform for all categories of citizens.
How to get maternity student
According to the law in force from December 30, 2006, a student has the inalienable right to receive benefits in connection with pregnancy and childbirth.
How is maternity leave paid for a pregnant student? The amount of this payment is equal to the amount of the scholarship, but only if this amount exceeds the established minimum amount of benefits.
The basis of training, whether budgetary or contractual, does not matter when accruing benefits from state institutions. Private schools are not required to pay allowance due to lack of budgetary funds. How much are maternity in case of their appointment? Just like the rest of the women.
Documents required when applying to the Social Insurance Fund
The cash payment related to the birth of a child is issued at a time and does not in any way depend on the social and material situation of the newborn's family. This money is paid either to one of the parents at the place of work, or if both parents have the status of unemployed or individual social protection bodies. Documents you need to provide for this:
- statement;
- certificate issued by the registry office on the birth of a child;
- a certificate from the accounting department at the place of work of the other parent or a certificate from the social protection authorities that the allowance was not assigned;
- divorce certificate, if the child for this reason lives with one of the parents;
- a copy of the court ruling on the establishment of guardianship if the child lives with the guardian (similarly, if the child was adopted).
How are PI paid maternity? For women with the status of an individual entrepreneur, the benefit is provided by the Social Insurance Fund.
To receive this one-time benefit, you need:
- passport;
- extract from the work book;
- military ID indicating the last place of service, if the parent is a soldier.
If the parent has not worked before and does not have a work book, this must be noted in the statement.
When applying to the Social Insurance Fund at the place of stay or residence, you need to attach a certificate of social security authorities at the place of registration of non-payment of benefits earlier.
Individual entrepreneurs (IP), lawyers, lawyers applying for the payment of benefits, but for certain reasons without mandatory social insurance, are required to provide:
- a document indicating the status of the parent;
- certificate from the Social Insurance Fund about the absence of the status of the insured;
- certificate of non-payment of benefits earlier.
Legal basis for payments
According to which regulatory document and how are maternity benefits paid to women? The size of accruals, terms of issue and other rules are regulated by Federal Law No. 255.
How are maternity benefits paid in Ukraine? The rules for assigning benefits (in this case we are talking about maternity benefits) are the same as in Russia.
Within what period can I apply for payments
Up to six months after the end of maternity leave, you have the right to apply for benefits. After this period, this right will be lost.
What to do with a delay in maternity
A woman needs to know at what time maternity benefits are paid, because if the payment deadline is violated, according to Article 236 of the Labor Code of the Russian Federation, the employer is required to charge them with an addition in the form of monetary compensation for each day that is overdue.
In what period maternity and compensation payments are paid, in this case the court decides. Also, in case of delay in transferring the amount due, a woman has the right to apply for the restoration of her rights to the labor inspectorate, which, on the basis of the application received, will conduct an audit of the employer and write an order to eliminate violations of applicable law.
During pregnancy and the first time after childbirth, the state continues to provide material support to mothers in the form of maternity allowances. This type of social guarantee is provided to working (employed) women for a period of time (maternity leave established by the Labor Code of the Russian Federation) in a guaranteed minimum amount that is a multiple of the minimum wage (minimum wage, until July 1, 2017 is 7500 rub.) this allowance is paid in fixed amounts. Moreover, the general rules for calculating and calculating payments are governed by the provisions of the Federal laws:
- dated May 19, 1995 No. 81-ФЗ “On state benefits to citizens with children”;
- dated December 29, 2006 No. 255-ФЗ “On compulsory social insurance in case of temporary disability and in connection with motherhood”.
Maternity allowance is paid depending on the social status of the recipient at the expense of the Social Insurance Fund (FSS) by enterprises or from the federal budget by educational organizations or Social Security Administration (USZN).
Maternity payments are provided at a time:
If at the same time a woman worked at several enterprises at the same time, then the salaries accrued for two years are summed up. If she continues to combine work in several organizations, then maternity payments are made at one enterprise of her choice.
If the average earnings of a woman less current minimum wage at the time of going on maternity or general insurance period is less than six months, then the minimum wage is taken to calculate the benefit (until June 30, 2017 it is 7500 rub.).
In addition, the maximum payout is set. It must not exceed size maximum contribution base compulsory social insurance in case of temporary disability and in connection with motherhood, which are:
- in 2009 and 2010 - 415,000 rubles;
- in 2011 - 463,000 rubles;
- in 2012 - 512,000 rubles;
- in 2013 - 568,000 rubles;
- in 2014 - 624,000 rubles;
- in 2015 - 670,000 rubles;
- in 2016 - 718,000 rubles;
- in 2017 - 755,000 rubles.
Therefore, in 2017 maternity leave was accrued and paid in amounts not exceeding the following values:
How are maternity fees accrued?
A pregnant woman must be eligible to receive maternity benefits. the following conditions:
- to be officially employed;
- be registered for pregnancy in a antenatal clinic or other medical institution;
- according to the certificate of incapacity for work, be on.
The exception is such categories of non-working, which:
- within a year, they were dismissed for reduction in no more than 12 previous months and were duly registered with the Employment Center;
- studying in an educational organization for full-time study.
If you belong to the category of citizens who are entitled to maternity benefits, then to receive it you must:
- Obtain a certificate of pregnancy registration at the antenatal clinic or other medical institution, indicating the date of registration.
- Check with your doctor.
- If you work, or have worked at several enterprises over the past two years, it is necessary to obtain certificates from these organizations on calculating the average earnings, for subsequent submission to the department of the employer, which will pay.
- Write a statement in the name of the director of the enterprise - the employer about leaving to and receiving the payment of maternity benefits.
- All prepared documents must be submitted to the organization’s human resources department.
If during this period the management of the enterprise makes no decision and does not make payments, then the woman has the right to apply for benefits to the local branch of the Social Insurance Fund (FSS).
Maternity pay for a disabled mother
Receive maternity allowance of US $ 6.13 per month, if they:
- are registered with the Employment Service (CEN) as persons who have lost their jobs due to a reduction from the company upon its liquidation (or termination of activity in the form of an individual entrepreneur or self-employed population);
- in educational organizations at various levels - paid in the form of a scholarship.
To apply for benefits in the first case, a woman needs to contact the territorial Directorate of Social Welfare Services, and in the second, to the educational institution where she receives her education.
To get paid unemployed woman must provide:
- statement;
- sick leave from a medical institution;
- a work book or an extract with notes from the last place of work;
- a certificate from the Employment Service regarding registration as unemployed.
The decision to receive benefits is made within 10 days from the date of application. You can apply for maternity benefits any day after receipt, but no later than 6 months after its completion.
The birth of a child is a big phenomenon for every family. They wait for him and begin to prepare in advance. Expectant mother, adult family members, as well as employers should be aware of the rules for documenting the entire period of pregnancy, childbirth and further time.
Situation from the beginning
Future mothers are protected by the state. Working conditions for pregnant women should be maximized. Light work and protection from harmful factors must be provided to them. In addition, wages should not be reduced.
Pregnant women should not work on weekends and holidays, as well as at night and more than the established schedule.
Pregnancy makes a woman take care to follow the complete procedure preceding maternity leave. This includes collecting the full package of documents and handing it over to the employer to make the necessary payments.
In our country, all women can get maternity leave:
- having a permanent place of work,
- military personnel
- students in various educational institutions.
Confirmation and fixation of pregnancy
A specialist in a medical institution records the fact of pregnancy. An account is issued for a future woman in labor. A regularly pregnant woman is required to visit the attending physician, as is recorded in the card.
Early registration gives the right to a working woman to claim payment - 543.67 rubles.
By the time a woman needs to go on, the doctor writes out a sick leave with an indication of its duration.
Dates and Duration
There is no definition of maternity leave in labor legislation. This is, most likely, the popular name for two periods that take place sequentially: pregnancy and subsequent childbirth, caring for a small child.
In the period of about thirty weeks, a newsletter is filled out. If twins are expected, then it is issued at the twenty-eighth week. If necessary, the ballot is issued in several copies. If a woman in labor works in several places, then a decree is provided to her at each enterprise.
Under Russian law, all working women can go on vacation, which is nominally divided into two time periods - before and after a significant event. In the normal course of pregnancy, the maternity leave lasts seventy + seventy days, with the expected twins eighty-four + 110 days are provided, and in difficult births, seventy + eighty-six days. All terms on the ballot are calculated in calendar days.
If, with the maturity date of the sick leave, the pregnant woman is put in a hospital for preservation, documents are drawn up in the maternity hospital. Childbirth that has passed before the appointed time cannot serve as a basis for changing the period of leave, but give the right to increase sick leave. When filling out the newsletter, only two can be done, otherwise the document will be invalid.
A leave to care for a baby is issued after the end of the decree for the period until the child is three years old.
Renewal
In the normal course of pregnancy, a newsletter is issued for one hundred and forty days. While waiting for twins, the decree is extended to one hundred eighty-four days.
After a difficult, complicated birth, an additional leave is granted due to pregnancy for a period of sixteen calendar days.
To issue an additional decree, a woman must be provided with a new newsletter confirming the fact of a complex operation with unforeseen consequences. Additional leave is issued in a separate ballot. An order for additional leave is issued after the transfer of the employee's application.
What documents are needed for maternity leave?
The registration procedure is not complicated, the main thing is to do everything in a timely manner. Packages of documents vary in purpose and address of receipt.
For the clinic
To receive sick leave, a pregnant woman must be present in person.
It is necessary to present:
- passport,
- insurance policy,
- extract from the card account.
It is important to remember that the sick leave is issued on a strictly defined date, so care must be taken in advance about the possibility of visiting a maternity welfare clinic on a specific day.
For employer
A working employee submits documents for the accounting services of her company:
- bulletin on temporary disability by pregnancy and gender.,
- application for maternity leave,
- information from the medical institution about the fact of registration at an early date,
- a written statement on the calculation and transfer of benefits for pregnancy and childbirth,
- income information for the last two years before the case of the established form, if the woman worked at other enterprises,
- details of the bank card of the employee for transferring the amount of benefits.
The application is drawn up according to the generally accepted model. First, the name of the enterprise, the position of the head of the organization representing the woman’s decree is indicated. Then the position and surname of the employee preparing the document are indicated. The reason for the statement is further described in arbitrary form. The applicant asks for leave for this reason, noting the beginning and end of the period.
Further in the application in the form of a list all documents provided by the employee are indicated. Dates in the application are indicated based on data from the disability certificate. In conclusion, the employee notes the date of application and personal signature.
A similar application is prepared for the payment of a one-time allowance for the accounting of early pregnancy.
The employee receives a one-time birth allowance. To do this, the company transferred:
- an application for a childbirth allowance,
- employee identity document
- copy of birth certificate of the child, with the provision of the original document (for verification),
- information from the father’s place of work that the childbirth allowance was not calculated or paid to him,
- bank card details or savings account if the employee expresses a desire to transfer the amounts due to her.
Based on the documents received, the administration issues an order for decree based on the dates of the ballot.
After the expiration of the decree, the employee draws up new documents for the issue of leave in connection with the care of a child up to 3 years. The employee receives a monthly allowance calculated from forty percent of the average wage. These payments cease after 1.5 years of age of the baby.
Unlike working pregnant women, they are not able to issue a decree. But the payment of benefits to them is guaranteed by the state. To obtain these amounts, they contact the local social protection authorities.
Pregnant women counted in the Employment Service provide to the Regional Office of the Social Security Service:
- application for benefits
- issued sick-list
- extract from the work book with a record of the last place of work,
- a certificate of unemployment issued by the local branch of the Employment Service.
In case the future parents are both unemployed, prepare the documents:
- application for benefits,
- information on the birth of a child issued in the family home,
- copy of SNILS of parents,
- certificate of housing department on family composition,
- copies of documents confirming the identity of parents, with the provision of originals,
- extract from the work book with a record of the last place of work,
- information that the allowance was not previously assigned or paid.
To receive payments
Future mothers do not need to upholster the thresholds of the local branch of the FSS in order to receive social benefits; the employer must do this for them. All benefits paid to employees on maternity leave are reimbursed to the company from the FSS.
To receive a subsidy, the company must provide the following documents to the local FSS branch:
- An application by the employer to allocate the necessary amount for the payment of benefits.
- Interim calculation of the FSS as a whole for the enterprise.
- Information about the balance in the current account of the company.
- Description of the documents to be transmitted.
- Photocopy of incapacity for work.
- A photocopy of calculating the size of the amount paid by decree.
- A photocopy of the certificate of salary for the two full last years.
- A photocopy of the employee's application for the decree and the calculation of social benefits.
- A photocopy of the employee’s request for leave in connection with caring for a child under three years of age and the calculation of the allowance for caring for a child under one and a half years.
- A photocopy of the birth certificate of the child.
- A photocopy of certificates from his father’s workplace stating that he did not receive all kinds of social benefits.
- A photocopy of the workbook of the employee who went on maternity leave.
- Photocopy and expenditure documents confirming the amount of benefits paid.
All copies must be certified by the signature of the head and official stamp of the enterprise.
After checking the received documents, funds are transferred to the settlement account of the company to pay insurance coverage.
If not mom goes on maternity leave
It is important to know that parental leave can be arranged not only for the mother, but also for other family members who will provide actual care for the baby.
Guided by Russian law, dad can not only take parental leave, he will be entitled to a monthly allowance.
And even grandmother will be paid childcare benefits if she draws up the relevant documents.
Calculation of the amount of the maternity allowance
Payments are calculated based on the estimated time period and average earnings per employee day. To calculate the amount of benefits due to pregnancy, childbirth, the sums earned for the two preceding events of the year are taken. If an employee leaves, only 2013 and 2019 will be taken to calculate benefits. The sum of all payments for two years is divided by a constant number (by 730 days) If a leap year falls into the billing period, the payment amount is divided by 731 days.
The received average earnings per day is multiplied by the number of days on the sick leave. The amount sought for the payment of benefits was found.
But it should be borne in mind that Russian legislation defines the maximum and minimum limits for the size of benefits, which are annually indexed upwards. The allowance cannot be obtained above the established amount. If an employee, not having sufficient work experience and appropriate payments, goes on maternity leave, she will be granted benefits based on the minimum possible amount of benefits.
No data on the amount of social benefits are taxed. If an employee does not want to go on maternity leave, but at the same time continues to work further, she will automatically extend the vacation time.
Way out of the decree: how to issue?
The fact of withdrawal from the decree is documented by the issuance of leave to care for a child up to three years. To do this, an application is requested to provide such leave. Personnel department employees issue an order for the provision of appropriate leave. And an employee of the company can continue to calmly continue to educate the baby.
To receive a permanent monthly allowance for caring for a child under 1.5 years of age, you must write a request with the corresponding request.
With regard to the process of processing various benefits, in connection with the birth of a child, it must be borne in mind that timely procedures and properly executed documents will save not only young mothers from unnecessary headaches, it is vital for a law-abiding employer to correctly complete all the documents and produce the necessary documents payouts. Knowing your rights is always nice because ignorance sometimes scares and disturbs.
Many girls who do not have a permanent job, but are planning motherhood, are wondering how to get maternity leave for a disabled woman.
A woman who plans to have a baby in the future is trying to learn in advance about all the intricacies of life on maternity leave.
Common questions are:
- leave before childbirth;
- leave to care for the baby;
- accrual of cash benefits.
Future parents are interested in paying maternity leave before childbirth. Every year, the conditions for the provision of maternity leave change along with the size and frequency of payments. It is important to know in advance about the necessary list of documents for processing maternity allowance and childcare up to 1.5 years. For unemployed women, this issue is especially relevant.
The first step of working pregnant
If the expectant mother is officially employed, then she needs to provide a full package of documents to the accounting department of the employer.
To apply for maternity benefits, you need:
- disability certificate issued by a gynecologist for a period of 30 weeks;
- statement to the director of the organization.
As for the terms, they should be discussed with the employer. They must not exceed 10 days from the date of application. However, each company has the right to set its own deadlines in which wages and other accruals will be paid. Dates for transferring amounts from different employers may vary.
The amount of maternity leave will directly depend on the size of the woman’s salary before maternity leave and child care. Today, maternity charges are calculated at any place of work. The employee herself decides from which enterprise and wages the calculation of maternity will be made. But it is necessary to obtain confirmation from the employer.
In any case, the pregnant woman must provide salary data from the place of work, from where the maternity leave will be calculated.
When additional documents appear, the employee may lawfully file an application for the recalculation of maternity. However, there are also terms established by law - this is 3 years.
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Multi-job allowance
The expectant mother before working on maternity leave could work in several enterprises. Therefore, the calculation is the summation of total earnings. However, after the birth of the child, payments will be received at only one place of work.
It is logical to assume that the choice falls on the source, where incomes were larger.
If a pregnant woman at the time of receiving the disability certificate from the consultation worked in several places, and for the last 2 years she was employed by another employer, then the benefits will be calculated at one of the existing places for the choice of the future mother. It takes into account average income as a criterion for choosing an employer.
When the number of jobs is greater than when applying for payment, benefits can be provided according to the total amount of income from all jobs. But one employer can be taken for the calculation.
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How to get maternity unemployed?
Very often, a pregnant woman is not officially employed or even unemployed. However, she is also interested in the issue of the payment of pregnancy benefits and further care for the child. How much are paid to those who do not have a permanent job? How are maternity benefits paid to unemployed mothers?
Sometimes there is a reduction due to the reorganization of the enterprise. Often the cause of job loss may be the termination of the company.
Maternity benefits for the unemployed are made from the budget of the federal social service and accrued after the submission of the relevant documentation. The regional office of this body may inform about the deadlines for them.
Sometimes the local government from its budget makes additional accruals with the timely provision of the document. If a woman was studying, then the maternity allowance will be equal to the scholarship received. Payments are made from the federal budget.
How can an employment center help with maternity leave? If you lose your official place of work, a woman can contact the employment service at the place of residence. There she can receive a fixed unemployment benefit.
But a disabled mother needs to understand that after the birth of her baby, she will no longer be able to receive these payments. The actual period of pregnancy on the sick leave from the consultation serves as the reporting period. A pregnant woman no longer needs to attend the service to find suitable vacancies.
When the repayment period has no statute of limitations, they continue. If a woman after childbirth cannot continue to search for work through the employment exchange, then the payment of subsidies is suspended.
If the patient is registered before the 12th week of pregnancy, then, according to a lawful order, she is paid benefits (for each region this is a separate amount) from the place of work after receiving a certificate from the antenatal clinic.
If a woman was registered at an early date, but was not employed, the employment center cannot provide assistance with this type of payment.
If a woman has been reduced from her job or is a student, then benefits will be paid according to the law.
How are payments made at birth? One of the parents has every right to apply for and receive a one-time birth allowance for the baby. The appearance of more than one child involves the payment of an equal amount for each of the children.
- In the case when only one parent works, the allowance will be paid at the place of work.
- If both parents have unemployed status, the allowance will be paid from the budget of the social service.
- If a pregnant woman is a single mother and unemployed, then lump sum payments will be charged from the budget of the social service at the place of registration of the mother.
- If the pregnant woman is a student, then the benefit is issued by the social protection authority (applies only to part-time students).
Money transfers are carried out through mail and banks to the account of the father or mother.
It is worth considering the payment mechanism for caring for a child up to 1.5 years old. After the birth of the child, benefits for caring for him are paid monthly on strictly established dates. If a woman has the status of unemployed, then she can receive benefits for the care of the baby in the event that the employment service has suspended the payment of its compensation. You can apply for benefits at the place of residence immediately after childbirth and until the baby is 1.5 years old.
Student moms can choose their form of payment. These are baby care benefits or maternity grants.
Documents for processing payments for childcare up to 1.5 years:
- statement from the parent;
- mandatory evidence of the birth of a baby;
- a certificate stating that the second parent did not make out these payments at the social security authority (if not working) or from his place of work;
- identity documents and a photocopy of the work book;
- certificate of residence.
Students need to provide a certificate of previously received benefits and confirmation that the expectant mother is on the lists of the university or other educational institution.
To make out all the benefits for pregnancy and childcare up to 1.5 years, the expectant mother needs to contact the social service at the place of registration.