Benefits at birth, if the mother does not work - we understand the laws. Maternity leave
- It is always a long-awaited time for any woman. After all, the desire to have a baby is inherent to us from nature. When it is time to go on maternity leave, the question before any woman becomes acute: how to get maternity leave? How much will payments be made, and does the experience affect the size of these payments? We will deal with all these issues in more detail.
In principle, everyone knows what maternity leave is. This is the period during which a woman is on sick leave to care for a newborn baby. It lasts until the baby reaches the age at which he is ready to be admitted to a kindergarten - kindergarten. As a rule, such an event occurs at the age of three years.
In exceptional cases, the mother may decide to give her child to the kindergarten early, or to extend her maternity leave (usually this happens according to medical recommendations related to the baby’s health).
The first situation, as a rule, is typical for mothers who are engaged in entrepreneurship (individual entrepreneurship) and see that it is unprofitable for them to sit on maternity leave. In this case, you can send the child to the garden, or his father will be engaged in his upbringing. By the way, in the second case, when the father takes care of the baby, he can go on maternity leave instead of a woman and also receive the required payments instead of her as much as he wants (up to the age of three children). But more on that later.
By the way, the right of a woman (man) to maternity leave is regulated by law. All questions on this subject are covered in articles 255 and 256 of the Labor Code.
Who is on vacation?
In principle, a little earlier, we already touched on the issue that a father can go on maternity leave instead of a mother if a woman is involved in private entrepreneurship. But not immediately after the birth of the baby. It is clear, after all, that no one will pay the man - this is absurd! But the leave to care for the baby - please, the spouses should decide here, if it is really more profitable for them to have the mother work (for example, if she is an SP), and the father is with the child, then they can change roles, the father will become a householder, and the mother will assume the responsibilities of maintaining the family.
By the way, not only dad but also grandparents can go on parental leave. The main thing is that this is one person who will receive state subsidies. If it turns out that several family members receive maternity, they will open a criminal case. So, it is better to be honest with the state, and not try to deceive him.
Maternity allowance
Maternity allowances are a broad concept that includes several types of social benefits for a mother and her baby. So, our state provides for the following payments:
- if mommy early (up to 3 months) was registered in the LCD;
- at the birth of a child (and, with each child, payments increase);
- payments to;
- help for a child up to 1.5 or 3 years old.
Let's take a closer look at all of these payments, and how many are assigned.
Before the baby
This payment takes place immediately after the woman gave birth. It can be taken from the state within 6 months from the birth of the baby. The peculiarity of this payment is that it is given regardless of whether mom worked before childbirth or not.
Payment during pregnancy and after childbirth
If the future mother works, she has every right to apply for this indicated help. It is made once. True, to get it, you have to run around: collect the necessary documentation and provide it to the relevant authorities. There is good news: payments are credited within 10 days after the submission of documents. It depends on the experience - it is advisable to work out for at least two years. By the way, if you combine two places of work, then under legal circumstances you can request a payment from both employers. And they have no right to refuse you!
If you did not have a job before delivery, payment is made by the local employment agency. But the size of such a payment, of course, will be averaged and accrued from the minimum cost of living. If you are involved in IP, accruals will also be made according to separate rules.
Baby care
This allowance is issued after the baby is born. Payments last one and a half or three years. These payments guarantee you monthly receipt of a 40% rate from the salary (of course, the average monthly). And one more important condition for payment - the person who receives it must be on maternity leave. As soon as he goes to work, there is no question of any payments.
As a bonus
An incentive payment from the state is considered assistance for the third baby (and all subsequent children), who appears in the family. Promotion this has been valid since 2013. The amount of the allowance is the cost of living, paid up to the age of three. But do not rejoice prematurely.
The allowance will be given only if the income for each family member is not more than the established subsistence minimum, and the family lives at the registered address and the spouses are citizens of the Russian Federation. So, if you work and get a lot of money for it, according to the state, there can be no talk of any encouragement.
We collect documents
Naturally, without appropriate documentation, no one will charge you money. In order to receive any of the above assistance, it is necessary to collect the necessary documents and provide them to the relevant authorities.
To receive pregnant money in connection with her situation, the following papers are required:
- temporary disability certificate;
- a statement according to which you are granted leave.
To care for a newborn child, the state has provided a benefit, but in order to draw it up, the following papers are needed:
- certificate of his birth (copy);
- vacation application;
- an official document of the other spouse from the place of work stating that he does not draw up this assistance on himself.
And who pays?
Benefits related to pregnancy, childbirth, childcare are accrued by the Social Insurance Funds, and are paid, despite this, by employers.
Does experience affect maternity?
According to the last rule, when calculating payments, the woman’s income for the last two worked years is taken into account before she goes on maternity leave (for women, such calculations are made according to other schemes). This means that you need to work out at least a couple of years before you plan a pregnancy.
But this does not mean at all that if you worked for a year, six months or just got a job before you learned about pregnancy, you will not be counted maternity benefits. The only caveat is that you are paid the amount of payment not for the last two years, but according to how much the minimum payment is set in your region of residence. So you may not work at all until the decree, but you will get maternity in any case.
Father on maternity
Often a woman (especially if she is engaged in private entrepreneurship and it is simply not profitable for her to sit on maternity leave), the question arises: can a husband get maternity leave instead of her? We have already touched upon this topic in passing. But it has several of its nuances.
Today, a husband on maternity leave (if his wife is an entrepreneur) is far from rare. Recently, an increasing number of women began to pay attention to their careers, are rapidly climbing the stairs and maternity leave for them is something like throwing them a few steps back. Especially if a woman is engaged in IP. In this case, the couple often decide that it will be dad who will be on vacation. This is especially beneficial when mom works as an individual entrepreneur, and father, for example, is an ordinary employee in a factory.
Total
So, you have decided that it is your husband who goes on vacation. It is necessary to collect and submit documents to the employer and the relevant authorities. Which ones - they will tell you on the spot, because the list may change. Usually - this is a few references from the work and the corresponding statement to them.
In the current legislative framework of the Russian Federation (with changes relevant at the beginning of 2018), the concept is not used "maternity leave". This expression is just a slang term widespread in our country for two types of holidays that follow one after another, as a rule, without interruption, and take different forms:
- - issued in the form of a fixed duration;
- - is granted for a longer period (until the child reaches 3 years of age) without interruption of work experience and work experience in the specialty.
General information
The right to maternity leave recorded in the Labor Code of the Russian Federation in Art. 255,. This right is reserved for all working women, including women military personnel, unemployed, students officially recognized as unemployed or registered on the labor exchange, as well as women who work in the military departments as civilian personnel.
For the period of maternity leave is paid social security benefits, 100% of the average expectant mother’s earnings for the previous 2 full years.
The procedure for registration of maternity leave
Sample maternity leave application
The statement regarding the need to go on maternity leave is absolutely no different from any other statement of claim, and also has a standard structure:
- “Heading” (upper right corner of the sheet), which indicates the name of the organization, last name, first name, and middle name of its head, and the surname, initials, position of the applicant should be indicated in the same corner below;
- the name of the document, namely, “statement”, which is written without quotation marks in the middle of the sheet below the “heading”;
- the main text, which can be presented in any format; the main thing is that the applicant should be able to register a request for the preparation of the leave she needs, its temporary boundaries and to state a request for the assignment of a benefit;
- all additional documents attached to the application are listed below (as a rule, this is the original sick leave issued by a medical institution and the original certificate issued at the antenatal clinic confirming the state of pregnancy);
- in the lower right corner the applicant puts the date of filing the document, as well as her own signature.
After submitting the application and all necessary documents, the employer issues maternity leave order, a sample of which is given below.
The calculation of the maternity allowance (maternity) in 2019 is determined by the Federal Law of December 29, 2006 N 255-ФЗ "On Compulsory Social Insurance for Temporary Disability and in Connection with Maternity" (as amended on May 01, 2017). Your attention is presented how to calculate the maternity allowance + examples.
From January 1, 2013, maternity payments are made according to uniform rules. Recall that before the beginning of 2013, it was possible to choose both the old method of calculating average earnings (for the last year) and the new one (for the two previous years).
Current regulations
Maternity payments in 2019 are calculated based on the average earnings of the expectant mother, calculated for the two years preceding the year of maternity leave. The average daily earnings for calculating maternity benefits is calculated by dividing the total accrued earnings by the number 730.
Importantly, maternity allowance cannot be less than the minimum monthly wage (in 2019, this is 11,280 rubles).
The maximum allowance may not exceed:
- 301 095, 89 p. - during normal birth (2150.684931x 140);
- 335 506, 85 p. - in complicated births (2150.684931 x 156);
- 417 232.88 p. - with complicated multiple births (2150.684931 x 194).
If the total insurance period of a woman (period of official employment) is less than 6 months, maternity benefits are accrued at a minimum amount regardless of the income received.
Before starting the calculation, consider the following:
- point number 1 - There is such a thing as a limit value for the base for calculating insurance premiums. This value changes annually and amounts to: in 2018 - 815,000 rubles, in 2017 - 755,000, in 2016 - 718,000, in 2015 - 670,000, in 2014 - 624,000, etc. When calculating maternity allowance, all the woman’s income for the year is taken into account, but no more than the specified value. Those. for example, if Ivanova’s income in 2018 amounted to 823,000 rubles, then the amount of 815,000 rubles is taken into account.
- point number 2 - Excluded periods. These include: periods of temporary disability (sick leave), parental leave, leave for BIR (maternity leave). To determine the average daily earnings for 2 calendar years, the amount of income received is divided into 730 (or 731 if a leap year) minus days that relate to excluded periods.
- point number 3 - If a woman was on maternity leave during the billing period (when decree in 2019 is 2017-2018), she has the right to replace one or both years with the previous ones, if this leads to an increase in the amount of BIR benefits.
Calculation Procedure:
- We decide which years we take into account maternity allowance on the basis of paragraph No. 3.
- We calculate the amount of accruals for each year, with the exception of sick leave payments and other payments from which contributions to the Social Insurance Fund were not charged. Income from previous employers is also taken into account, for this you will need to provide a certificate of income to your current employer.
- We check item No. 1, if the income for the accounting year exceeds the specified amount, we take the limit value. We summarize the income for both years.
- The resulting amount is divided by (730 MINUS excluded periods, paragraph No. 2).
- We got the average daily earnings. To calculate the amount of maternity, it is enough to multiply it by the number of days of vacation (140 days - normal pregnancy, 156 - complicated births, 194 - multiple pregnancies). However, if the daily earnings are less than 311.97 or more than 2150.68, use the minimum / maximum value.
Maternity calculation example
- Ivanova's maternity leave began in March 2018. Moreover, until May 1, 2016 she was on maternity leave, and in 2017 she used 10 days of sick leave. To calculate the amount of maternity allowance:
- Calculate the amount of official income at the place of work for 2016 and 2017. For 2016, the amount of income is 705 tr, for 2017 - 760 tr
- Income for 2017 exceeds the limit, so we get the amount of 705,000 + 755,000 \u003d 1,460,000 rubles.
- Excluded periods are parental leave and sick leave: 121 + 10 \u003d 131 days.
- We consider the average daily earnings of 1,460,000 / (730 - 131) \u003d 2,437.40 rubles.
- Daily earnings exceed the maximum amount of 2 017.81 rubles. Therefore, we multiply the indicated maximum amount by the number of vacation days. RUB 20,01.81 * 140 \u003d 282,493.40 rubles.
- Because in 2016, Ivanova was on maternity leave, she has the right to replace this year with any previous one, if this leads to an increase in the amount of maternity. But in the case under consideration, she will therefore receive the maximum possible amount of benefits, therefore, such a replacement is not possible, because she loses all meaning.
Since 1995, Law No. 81-FZ has been in force in Russia, regulating payments to citizens who have children. This is the main normative act that determines the payment of child benefits in 2019. However, there are other measures of state support. In particular, these are payments introduced in 2018 by Law No. 418-FZ for low-income families who have a first or second child. The program for issuing maternity capital, introduced by law 256-FZ since 2007, is also ongoing. The amount of some child payments this year is increasing due to indexation, as well as an increase in the minimum wage.
Basic child benefits and other payments in 2019
The above and other normative acts have introduced many different types of material support for families with children. However, with their appointment there are many nuances. The composition of payments and their size will depend on such circumstances:
- level of material wealth of the family;
- number of children;
- parent's employment status - does he work or not;
- living place;
- the mother’s status as a conscript's wife and others.
Payments are divided into one-time and periodic (monthly), paid up to a certain age of the child.
The main payments for children are presented below:
- Maternity allowance
- One-time allowance for women registered in medical organizations in early pregnancy
- One-time birth allowance
- Monthly Child Care Allowance
- Maternal capital
- Benefit from 2018 on the first and second child
Additional allowance for third and subsequent children in regions with low birth rates
Some benefits are subject to indexation, which is carried out on February 1 of each year, therefore it is from this date that their amounts often increase. 2019 will not be an exception - benefits will be indexed by 4.3%. In addition, the lower threshold values \u200b\u200bof certain payments are tied to the minimum wage (minimum wage), which since January 1, 2019 has been increased to 11,280 rubles. This will also affect benefits.
For early registration
Expectant mothers who work officially, at the very beginning of pregnancy, can count on a lump sum payment. Since the beginning of February 2019, its size has been 649.84 rubles, and before that it was equal to 628.47 rubles.
To receive this payment, you must contact the employer. In this case, you need the documents:
- statement from the expectant mother about the payment of benefits;
- documents that confirm her identity and citizenship;
- certificate from the medical institution on registration up to 12 weeks of pregnancy;
- sick leave.
Maternity
This type of benefit is also called maternity. It is paid in total for the entire period of maternity leave - in general it is 140 days (70 before delivery and 70 after). In some cases, the duration of the vacation increases (see table below). The amount of payment depends on the average earnings of a woman 2 years before she went on maternity leave. Thus, the size of this benefit for each recipient will be individual. But there are limit values \u200b\u200bdefined by law.
The minimum allowance is calculated on the basis of the minimum wage. The calculation is as follows:
- average daily earnings for the period - 11,280 x 24 months / 730 (number of days in the last two years) \u003d 370.849 rubles;
- the amount of benefits for 140 days - 370.85 X 140 \u003d 51 918.90 rubles.
The maximum amount of benefits is calculated in the same way, but based on the limit value of the base, on the basis of which insurance premiums are calculated. This value is established by law for each year, and on its basis the maximum average daily earnings are calculated. In 2019, this is 2,150.684931 rubles - it is on the basis of this amount that the maximum benefit amount is calculated (rounded up 2,150.69 x the number of vacation days).
This information is presented in more detail in the following table:
From the above it follows that the considered allowance is not intended for any woman. Payment is made if it:
- is officially employed;
- it operates as an individual entrepreneur and at the same time has concluded a voluntary social insurance agreement with the Social Insurance Fund.
In other words, unemployed citizens cannot count on maternity benefits. The same applies equally to the payment for registration in the first weeks of pregnancy. If the experience of the expectant mother at the time of leaving the decree was less than 6 months, she will receive a benefit, which is calculated on the basis of the minimum wage.
To receive the benefit, it is important not to miss the deadline - this is six months from the date of the end of maternity leave. To assign a payment, you must submit a set of documents to your employer. The exception is women - individual entrepreneurs who voluntarily pay social contributions for themselves - they turn to the territorial administration of the FSS. In general, the following documents are required:
- statement from the expectant mother;
- passport, other identification card;
- disability certificate;
- certificate of income from other employers, if applicable.
Depending on the specific situation, additional documents may be required. For example, if the employer was liquidated, in connection with which the woman was fired, she needs to register with the Employment Service and get a certificate from the social authority. providing. By the way, very often the employer in the process of liquidation or bankruptcy does not have the funds to pay maternity allowance. But this does not mean that a woman will not receive it. In this case, it will be paid by the Social Insurance Fund. Thus, if the employer refuses to pay benefits due to financial insolvency, a woman can apply directly to the Social Insurance Fund.
At birth
Birth allowance is paid regardless of the level of material support of the family, as well as whether the child’s parents work or not. The only difference is where to apply for it and what papers to provide. In any case, the amount will be the same:
- until February 1, 2019 - 16,759 rubles;
- after the specified date and before the next indexation (or other change) - 17,328.89 rubles.
If at least one of the parents is employed, he must apply for this allowance to the employer. For this purpose, unemployed citizens visit the territorial unit of the Social Security Administration. The circulation period is 6 months from the date of birth of the child. Lists of documents are given below:
Documents | If at least 1 parent works | If both do not work |
---|---|---|
Personal | passport or other identification document | |
The basis for the purpose of payment | application for benefits | |
Per child | birth certificate | |
certificate from the registry office on the registration of the child | ||
certificate from the registry office on the basis for entering information on the father of the child in the birth certificate (for single mothers) | ||
Confirming work status | if both parents work - a certificate from the other parent's place of work (service) about the non-assignment of this allowance; if the other parent is not officially employed - a certificate from Social Security that he (a) did not receive (a) this allowance; if the mother is SP, certificate from the Social Insurance Fund about not receiving benefits |
employment records with the dismissal of both parents; for the unemployed - diplomas, certificates and other documents confirming the absence of work |
Child care up to one and a half years
Every parent or other relative who directly cares for the baby has the right to receive such a benefit on a monthly basis. At the same time, the recipient’s labor status does not affect the fact of granting benefits. But since it is calculated on a salary basis, unemployed citizens will receive it at a minimum amount:
- for the first child - 4 512 rubles (40% of the minimum wage in the amount of 11 280 rubles);
- for the second and subsequent children - 6,284.65 rubles (the amount has not changed since 2018).
Employees will receive 40% of the average earnings for the previous 2 years, but not less than the given values.
It should be noted that the minimum payment for the first child in the above amount is due to those to whom it is assigned after January 1, 2019. If the allowance was assigned earlier than this date, then it will be less, since its amount is determined on the day of the start of parental leave. This allowance also has an upper limit - it depends on the amount of the maximum average earnings, as in the case of maternity benefits. As a result, the maximum monthly allowance for a child under 1.5 years old in 2019 is 26,152.33 rubles.
You need to apply for this benefit no later than 6 months from the day on which the child is one and a half years old. Employed persons apply to their employer, and non-employed persons - to the local Social Security Administration.
The standard set of documents consists of:
- identity cards;
- application for benefits;
- birth or adoption certificates of the child;
- documents for other children (including the deceased - death certificates).
Additional documents depend on whether the applicant works or not. If he is employed, then he must attach to the papers listed above:
- application for parental leave;
- a certificate from the place of work or study of the second parent, confirming that he did not receive a similar allowance.
If the applicant is currently not working, then a little more documents:
- employment history;
- information on average earnings, on the basis of which the allowance is calculated;
- certificate from the employment service that the applicant does not receive unemployment benefits.
If the mother was dismissed from the liquidated organization before the child was one and a half years old, an additional copy of the order on giving her leave to care for the child will be needed.
Maternity capital in 2019
A significant measure of financial support is maternal or family capital. A certificate for its receipt can be obtained at the birth of the second and subsequent child. So far, the country's authorities plan to issue it until 2021 inclusive. In 2019, the amount of capital was not indexed and still amounts to 453,026 rubles.
Maternity capital is given only once. It can be used by women who have given birth or adopted, as well as men who have adopted a second and subsequent children after the onset of 2007. You can spend maternity capital for certain purposes, including improving housing conditions, educating children, the cost of adapting children with disabilities, increasing maternal pensions and paying monthly. Moreover, the required funds can be divided between any of these goals or used for one purpose.
Documents for receiving funds from maternity capital are submitted to the Pension Fund. Package Includes:
- identity documents and proof of citizenship of the applicant;
- an application for a certificate, the form of which can be obtained from the FIU or downloaded on the fund's website;
- SNILS;
- documents for children (birth certificate, court decision on the establishment and others).
New allowance for the first and second child
In 2018, a new monthly allowance was introduced in the form of targeted payments to poor families in which children were born later than December 31, 2017. Payment is due until the child reaches one and a half years. Only families are entitled to it, whose income does not exceed 1.5 times the subsistence level established in the region of residence for the able-bodied population.
The amount of the allowance is equal to the subsistence minimum of the child established in the region based on the results of the 2nd quarter of the previous year. For example, in the Voronezh region the size of the benefit will amount to 8,428 rubles, in Murmansk - 15,048 rubles, and in Chukotka - 22,222 rubles. On average in Russia, the amount of such benefits is a little over 10,000 rubles. This amount is paid from various sources, depending on which child it is placed on:
- if at first, then the federal budget is the source of payment;
- if on the second, then payment is made from the funds of the received maternity capital.
These payments are made in addition to the monthly childcare allowance.
Additional allowance for a third child under three years of age
Since the beginning of 2013, regions in which a low birth rate compared with the average for Russia have been establishing additional support for large families. This is the payment of a monthly allowance for the third and subsequent children in the amount of the regional subsistence minimum calculated for the previous quarter.
In 2019, such payments will be made in 62 regions - compared with the previous year, their number has increased by almost a third. A complete list of participating entities can be found at the disposal of the Government of the Russian Federation No. 1747-r dated August 24, 2018.
Payment is due to one of the parents of a child under three years of age born after the beginning of 2013, provided that the parent himself and this child are registered in the respective region. There are also conditions regarding the amount of family income and other rules established in specific regions.
Other support measures
Along with the considered payments, there are others, including those related to certain categories of families. For example, the pregnant wife of a conscript has the right to rely on a lump sum payment of 26,721.01 rubles. And a person who takes care of the child born of such a soldier can receive a monthly allowance in the amount of 11,451.86 rubles.
In addition, there are nuances of local legislation, which may include additional support for certain categories of families with children. They can be expressed both in payments and in the provision of certain benefits. For example, in Moscow, a lump sum compensation is due at the birth of a child, and if the family is young, it is also an additional allowance. It is recommended that you obtain detailed information on regional benefits and payments from your local social security authority.
Summary table of basic child benefits in 2019
Name | Amount (in rubles) from February 1, 2019 |
---|---|
One-time payments | |
For early registration | 649,84 |
Maternity | 100% of the average earnings for the entire vacation period, but not less than 51 918.90 |
At birth | 17 328,89 |
Maternal capital | 453 026 |
The pregnant wife of a conscript | 26 721,01 |
Monthly benefits | |
Care for one and a half years | 40% of average earnings, but not less than:
|
For 1 and 2 children (new, from 2018) | In the amount of the regional subsistence minimum for a child for the 2nd quarter of 2018 |
For 3 children up to three years | In the amount of the regional subsistence minimum for a child for the last quarter |
Child Care Officer Draftee | 11 451,86 |
Changes and rules for paying child benefits for residents of a new region of the Russian Federation (Crimea)
The annexation of Crimea meant a complete change in the social fabric of the inhabitants of the Republic. Great attention is paid to child benefits.
Many parents were worried that Russian children's allowances were noticeably different from Ukrainian ones.
After four years, the inhabitants of Crimea became full citizens of the Russian Federation and have the opportunity to receive social benefits in full.
A striking difference between Ukrainian payments from Russian is the amount. For example, if in Russia about 15 thousand rubles are paid for the first-born, in Ukraine such a benefit reaches 30 thousand.
It is worth noting that the funds immediately go to the account of parents, without waiting for a certain age of the child.
Due to the fact that the majority of women received their “white” salary in an envelope, the average salary was calculated not over the past two years, but in a shorter period: from March 18, 2014. - 289 days for 2014 and 654 days for 2014 and 2015. Such a settlement system was in effect until 2017.
Therefore, in the territory of the Republic of Crimea there are generally accepted minimum payments of childcare benefits in the amount of 4 512 rubles. for the first-born, and 6,284.65 rubles. after the appearance of the second and the following.
Despite the social reforms carried out at the end of 2015, regional payments of child benefits were applied exclusively to the Republic of Crimea. This is due to the fact that before the accession of the peninsula, the Ukrainian government paid benefits when a newborn appears much higher than in Russia.
But the certificates of maternity capital, it was decided to issue to all persons who care for children whose second child has appeared over the past seven years. Since 2014, in the Republic of Crimea, the size and procedure for obtaining maternity capital have been equated with all other regions of the Russian Federation.
However, the size of the subsidy payment for adoption of children, as well as children with disabilities, or the guardianship of several children at the same time, differs.
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