Brief description of federal law 255. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly allowance for childcare
1. The allowance for temporary disability in the event of disability due to illness or injury is paid to the insured person for the entire period of temporary disability until the day of restoration of disability (determination of disability), with the exception of cases specified in parts 3 and 4 of this article.
2. When treating the insured person in a sanatorium-resort organization located in the territory Russian Federation, immediately after rendering medical care in stationary conditions, temporary disability benefit is paid for the period of stay in a sanatorium-resort organization, but not more than 24 calendar days (except for tuberculosis).
3. The insured person, recognized in the established manner as a disabled person, temporary disability benefit (except for tuberculosis) is paid no more than four consecutive months or five months in a calendar year. In case of illness of these persons with tuberculosis, temporary disability benefit is paid until the day of restoration of disability or until the day of revision of the disability group due to tuberculosis.
4. The insured person who entered into a fixed-term employment contract (fixed-term service contract) for a period of up to six months, as well as to the insured person whose illness or injury occurred from the day the labor contract was concluded until the day of its cancellation, temporary disability benefit (except tuberculosis disease) is paid for not more than 75 calendar days under this agreement. In case of tuberculosis, temporary disability benefits are paid until the day of the restoration of disability (determination of disability). At the same time, the insured person whose illness or injury occurred from the day the labor contract was concluded until the day of its cancellation is paid temporary disability benefits from the day from which the employee was supposed to start work.
5. The temporary disability allowance, if necessary, to care for a sick family member is paid to the insured person:
1) in the case of caring for a sick child under the age of 7 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization while providing him with medical care in stationary conditions, but not more than 60 calendar days in a calendar year in all cases of care for this child, and in the case of a child’s disease, included in the “list” of diseases, determined by the federal executive body that carries out the functions of development and implementation public policy and legal regulation in the field of healthcare, no more than 90 calendar days in a calendar year for all cases of care of this child in connection with the specified disease;
2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of treating a child on an outpatient basis or staying with a child in a medical organization while providing him with medical care in stationary conditions, but no more than 45 calendar days in a calendar year for all cases of caring for this child;
3) in the case of caring for a sick disabled child under the age of 18 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization while providing him with medical care in stationary conditions, but not more than 120 calendar days in calendar year for all cases of care for this child;
4) in the case of caring for a sick child under the age of 18 who is HIV-infected, - for the entire period of joint stay with the child in a medical organization while providing him with medical care in stationary conditions;
(as amended by Federal laws of November 25, 2013 "N 317-ФЗ", dated December 31, 2014 "N 495-ФЗ")
5) in the case of caring for a sick child under the age of 18 years with his illness associated with post-vaccination complications, with malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and related tissues, - for the entire period of treatment of the child on an outpatient basis or shared with a child in a medical organization while providing him with medical care in stationary conditions;
(as amended by Federal laws of 09.02.2009 "N 13-ФЗ", dated 25.11.2013 "N 317-ФЗ", dated 31.12.2014 "N 495-ФЗ")
6) in other cases of caring for a sick family member during outpatient treatment - no more than 7 calendar days for each case of the disease, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.
6. The temporary disability benefit in the case of quarantine is paid to the insured person who has been in contact with an infectious patient or who has been diagnosed with bacteriocarrier, for the entire time that he has been suspended from work due to quarantine. If children under the age of 7 years attending preschool educational organizations or other family members recognized as legally incapable are quarantined, temporary disability benefits are paid to the insured person (one of the parents, another legal representative or other family member) for the whole quarantine period.
7. The allowance for temporary incapacity for work in the case of prosthetics for medical reasons in a stationary specialized institution is paid to the insured person for the entire period of exemption from work for this reason, including travel time to the prosthetics site and vice versa.
8. The temporary disability benefit is paid to the insured person in all cases specified in parts 1 to 7 of this article for calendar days falling on corresponding period, except for calendar days falling on the periods specified in Part 1 of Article 9 of this Federal Law.
1. The allowance for temporary disability in the event of disability due to illness or injury is paid to the insured person for the entire period of temporary disability until the day of the restoration of disability (determination of disability), with the exception of the cases specified in parts 3 and this article.
2. When treating the insured person in a sanatorium-resort organization located on the territory of the Russian Federation immediately after providing medical care in stationary conditions, temporary disability benefits are paid for the period of stay in the sanatorium-resort organization, but not more than 24 calendar days (for except for tuberculosis).
(see text in previous edition)
3. The insured person, recognized in the established manner as a disabled person, temporary disability benefit (except for tuberculosis) is paid no more than four consecutive months or five months in a calendar year. In case of illness of these persons with tuberculosis, temporary disability benefit is paid until the day of restoration of disability or until the day of revision of the disability group due to tuberculosis.
(see text in previous edition)
4. The insured person who has entered into a fixed-term employment contract (fixed-term service contract) for a period of up to six months, as well as to the insured person whose illness or injury occurred from the day the labor contract was concluded until the date of cancellation, temporary disability benefit (except tuberculosis disease) is paid for not more than 75 calendar days under this agreement. In case of tuberculosis, temporary disability benefits are paid until the day of the restoration of disability (determination of disability). At the same time, the insured person whose illness or injury occurred from the day the labor contract was concluded until the day of its cancellation is paid temporary disability benefits from the day from which the employee was supposed to start work.
(see text in previous edition)
5. The temporary disability allowance, if necessary, to care for a sick family member is paid to the insured person:
1) in the case of caring for a sick child under the age of 7 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization while providing him with medical care in stationary conditions, but not more than 60 calendar days in a calendar year in all cases of caring for this child, and in the case of a child’s disease, included in the list of diseases determined by the federal executive body, which carries out the functions of developing and implementing state policy and standards VNO-legal regulation in the sphere of public health, not more than 90 calendar days per calendar year for all cases of care for this child in connection with the said disease;
(see text in previous edition)
2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of treating a child on an outpatient basis or staying with a child in a medical organization while providing him with medical care in stationary conditions, but no more than 45 calendar days in a calendar year for all cases of caring for this child;
(see text in previous edition)
3) in the case of caring for a sick disabled child under the age of 18 years - for the entire period of treatment of the child on an outpatient basis or joint stay with the child in a medical organization while providing him with medical care in stationary conditions, but not more than 120 calendar days in calendar year for all cases of care for this child;
(see text in previous edition)
4) in the case of caring for a sick child under the age of 18 who is HIV-infected, - for the entire period of joint stay with the child in a medical organization while providing him with medical care in stationary conditions;
(see text in previous edition)
5) in the case of caring for a sick child under the age of 18 years with his illness associated with post-vaccination complications, with malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and related tissues, - for the entire period of treatment of the child on an outpatient basis or shared with a child in a medical organization while providing him with medical care in stationary conditions;
(see text in previous edition)
6) in other cases of caring for a sick family member during outpatient treatment - no more than 7 calendar days for each case of the disease, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.
Article 14. The procedure for calculating benefits for temporary disability, for pregnancy and childbirth, monthly allowance for child care
1. Temporary disability benefits, maternity benefits, monthly childcare benefits are calculated based on the average earnings of the insured person calculated for two calendar years preceding the year of the onset of temporary disability, maternity leave, maternity leave, including during the time of work (service, other activities) with another policyholder (other policyholders). The average earnings for the time of work (service, other activities) with another policyholder (other policyholders) are not taken into account if, in accordance with Part 2 of Article 13 of this Federal Law, temporary disability benefits, maternity benefits are assigned and paid to the insured person for all places of work (service, other activities) based on average earnings for the time of work (service, other activities) of the insured, appointing and paying benefits. In the event that in two calendar years immediately preceding the year of occurrence of the specified insured events, or in one of the indicated years, the insured person was on maternity leave and (or) on maternity leave, the corresponding calendar year (calendar year) at the request of the insured, they can be replaced in order to calculate the average earnings in the previous calendar years (calendar year), provided that this will lead to an increase in the amount of benefits.
1.1. In the event that the insured person during the periods specified in paragraph 1 of this article did not have earnings, as well as if average earningscalculated for these periods, calculated for the full calendar month below minimum size remuneration established by federal law on the day of occurrence insured event, the average earnings, on the basis of which benefits for temporary disability, maternity, and monthly allowance for child care are calculated, are taken equal to the minimum wage established by federal law on the day the insured event occurs. If the insured person is working on a part-time basis (part-time week, part-time day) at the time of the insured event, the average earnings, based on which benefits are calculated in these cases, are determined in proportion to the length of the work time of the insured person. Moreover, in all cases, the calculated monthly childcare allowance cannot be less than the minimum amount of the monthly childcare allowance established by the Federal Law "On state benefits to citizens with children."
2. The average earnings, on the basis of which the benefits for temporary disability, maternity leave, the monthly allowance for child care are calculated, include all types of payments and other benefits for the benefit of the insured person for which insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of July 24, 2009 N 212-ФЗ "On Insurance Contributions in Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Mandatory Fund health insurance"(for the period through December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (from January 1, 2017).
2.1. To the insured persons specified in Part 3 of Article 2 of this Federal Law, the average earnings on the basis of which temporary disability benefits, maternity benefits, and the monthly childcare allowance are calculated are equal to the minimum wage established by federal law on the day of occurrence insured event. Moreover, the calculated monthly childcare allowance cannot be less than the minimum amount of the monthly childcare allowance established by the Federal Law "On state benefits to citizens with children."
2.2. For insured persons who worked under labor contracts concluded with organizations and individual entrepreneursfor which a reduced rate of insurance contributions to the Social Insurance Fund of the Russian Federation was applied in the amount of 0 percent, in the average earnings, on the basis of which benefits for temporary disability, pregnancy and childbirth, monthly allowance for child care are calculated, all types of payments and other of remuneration in favor of the insured person, which were included in the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-ФЗ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period through December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) in the respective calendar year and do not exceed the limit for the calculation of insurance premiums to the Social Insurance Fund of the Russian Federation established in that calendar year. Information about indicated payments and remuneration in favor of the insured person for the relevant period are indicated in the certificate of the amount of earnings issued by the policyholder in accordance with clause 3 of part 2 of Article 4.1 of this Federal Law.
3. The average daily earnings for calculating temporary disability benefits is determined by dividing the amount of accrued earnings for the period specified in paragraph 1 of this article by 730.
3.1. The average daily earnings for calculating the maternity allowance, the monthly childcare allowance is determined by dividing the amount of accrued earnings for the period specified in paragraph 1 of this article by the number of calendar days in this period, except for calendar days falling on the following periods :
1) periods of temporary disability, maternity leave, parental leave;
2) the period of release of the employee from work with full or partial retention salary in accordance with the legislation of the Russian Federation, if insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of July 24, 2009 N 212-ФЗ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Fund Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund "(for the period through December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxation ah and fees (since 1 January 2017).
3.2. Average earnings, on the basis of which temporary disability benefits, maternity benefits and a monthly childcare allowance are calculated, are taken into account for each calendar year in an amount not exceeding that established in accordance with Federal Law of July 24, 2009 N 212-ФЗ " On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund "(for the period through December 31, 2016 inclusive) and (or) in accordance with the law atelstvom the Russian Federation on taxes and fees (since 1 January 2017) for the relevant calendar year, the limit value base for calculating premiums to the Fund of the Russian Social Insurance. In the event that the appointment and payment of benefits to the insured person for temporary disability, for pregnancy and childbirth are carried out territorial bodies of the insurer at the place of registration of several insurers in accordance with parts 2 and 4 of Article 13 of this Federal Law, the average earnings from which these benefits are calculated are taken into account for each calendar year in an amount not exceeding the specified limit, when calculating these benefits for each of these policyholders.
3.3. The average daily earnings for calculating the maternity allowance, the monthly childcare allowance, determined in accordance with part 3.1 of this article, may not exceed the amount determined by dividing by 730 the sum of the maximum values \u200b\u200bof the base for calculating insurance contributions to the Russian Social Insurance Fund Federation established in accordance with the Federal Law of July 24, 2009 N 212-ФЗ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, Ф Integral Compulsory Medical Insurance Fund "(for the period through December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (from January 1, 2017) for two calendar years preceding the year of the start of maternity leave and childbirth, parental leave.
4. The amount of the daily allowance for temporary incapacity for work, for pregnancy and childbirth is calculated by multiplying the average daily wage of the insured person by the amount of the allowance established in percentage terms of the average wage in accordance with Articles 7 and 11 of this Federal Law.
5. The amount of the allowance for temporary disability, maternity leave is determined by multiplying the size of the daily allowance by the number of calendar days per period of temporary disability, maternity leave.
5.1. The monthly childcare allowance is calculated from the average earnings of the insured person, which is determined by multiplying the average daily earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.
5.2. The amount of the monthly childcare allowance is determined by multiplying the average earnings of the insured person by the amount of the allowance established as a percentage of average earnings in accordance with Article 11.2 of this Federal Law. When caring for a child for an incomplete calendar month, the monthly childcare allowance is paid in proportion to the number of calendar days (including non-working holidays) in the month falling on the period of care.
7. Features of the procedure for calculating temporary disability benefits, maternity allowance, monthly childcare benefits, including for individual categories insured persons are determined by the Government of the Russian Federation.
1. The present the federal law it regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with motherhood, determines the circle of persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood, and the types of compulsory insurance coverageestablishes the rights and obligations of subjects of compulsory social insurance in case of temporary disability and in connection with motherhood, and also determines the conditions, sizes and procedure for providing benefits for temporary disability, pregnancy and childbirth, a monthly childcare allowance of citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood.
2. This Federal Law does not apply to relations related to the provision of citizens with temporary disability benefits in connection with an industrial accident or occupational disease, with the exception of the provisions and this Federal Law applicable to these relations in part not contradicting July 24 1998 N 125-ФЗ "On compulsory social insurance against industrial accidents and occupational diseases".
Article 1.1. Legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with motherhood
1. The legislation of the Russian Federation on compulsory social insurance for temporary incapacity for work and in connection with motherhood is based on the Russian Federation and consists of this Federal Law of July 16, 1999 N 165-ФЗ "On the Basics of Compulsory Social Insurance" of July 24, 2009 of year N 212-ФЗ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (hereinafter - the Federal Law "On Insurance Contribution" x in the RF Pension Fund, Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund "), other federal laws. Relations associated with compulsory social insurance in case of temporary disability and in connection with motherhood are also regulated by other regulatory legal acts of the Russian Federation.
2. In cases where an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation shall apply.
1) compulsory social insurance in case of temporary disability and in connection with motherhood - a system of legal, economic and organizational measures created by the state aimed at compensating citizens for lost earnings (payments, remuneration) or additional expenses in connection with the occurrence of an insured event for compulsory social insurance for case of temporary disability and in connection with motherhood;
2) an insured event for compulsory social insurance for temporary incapacity for work and in connection with motherhood - an accomplished event, upon the occurrence of which the insurer's obligation arises, and in some cases established by this Federal Law, the insured to provide insurance coverage;
3) compulsory insurance coverage for compulsory social insurance for temporary incapacity for work and in connection with maternity (hereinafter also referred to as insurance coverage) - performance by the insurer, and in some cases established by this Federal Law, by the policyholder of his obligations to the insured person upon occurrence of an insured event by payments of benefits established by this Federal Law;
4) means of compulsory social insurance in case of temporary disability and in connection with motherhood - cash, formed by the payment of insurance premiums by the insurers for compulsory social insurance in case of temporary disability and in connection with motherhood, as well as property under the operational management of the insurer;
5) insurance contributions for compulsory social insurance in case of temporary incapacity for work and in connection with maternity (hereinafter - insurance contributions) - compulsory payments made by insurers to the Social Insurance Fund of the Russian Federation in order to ensure compulsory social insurance of insured persons in case of temporary incapacity for work and in connection with with motherhood;
6) average earnings - the average amount paid by the policyholder in favor of the insured person in billing period wages, other payments and remuneration, based on which, in accordance with this Federal Law, temporary disability benefits, maternity benefits, a monthly childcare allowance are calculated, and for persons who voluntarily entered into legal relations for compulsory social insurance in case of temporary disability and in connection with motherhood, - established by federal law on the day of the insured event.
2. Other concepts and terms used in this Federal Law are applied in the sense in which they are used in other legislative acts of the Russian Federation.
1. The insurance risks for compulsory social insurance in case of temporary incapacity for work and in connection with motherhood shall be recognized as temporary loss of earnings or other payments, remuneration by the insured person in connection with the occurrence of an insured event or additional expenses the insured person or members of his family in connection with the occurrence of an insured event.
1) temporary disability of the insured person due to illness or injury (with the exception of temporary disability due to industrial accidents and occupational diseases) and in other cases provided for by this Federal Law;
1. The types of insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood are the following payments:
2. The conditions, sizes and procedure for the payment of insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood are determined by this Federal Law of May 19, 1995 N 81-ФЗ "On state benefits to citizens with children" (hereinafter - the Federal Law "On state benefits to citizens with children"), dated January 12, 1996 N 8-ФЗ "On burial and funeral affairs" (hereinafter - the Federal Law "On burial and funeral affairs").
1. Citizens of the Russian Federation, foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation, as well as foreign citizens and stateless persons temporarily staying in the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with motherhood. with the exception of highly qualified specialists in accordance with July 25, 2002 N 115-ФЗ "О legal status foreign citizens in the Russian Federation "):
1) persons working under labor contracts, including heads of organizations that are the sole participants (founders), members of organizations, owners of their property;