What is the maximum allowance for the decree. How to count maternity
The procedure for the appointment and calculation of the amount of maternity payments, which entered into force on January 1, 2011, presupposes the use of the rule approved by the Government of the Russian Federation for determining the size based on the average wage based on the results of the two-year period preceding the year of entry into maternity leave, or taking into account the established value of the minimum wage (minimum wage, from January 1, 2019, set at 11,280 rubles).
Benefits are due to all working women who take maternity leave, in the form of social insurance for temporary disability and in connection with maternity. Maternity paid in a lump sum and in total for the entire vacation period stipulated by the law.
The usual length of leave is considered to be 70 calendar days before childbirth (in the case of multiple pregnancies - 84 days) and 70 days after childbirth, with the exception of complications possible during childbirth - 86 days, or when two or more children are born - 110 days (respectively, a total of 140, 156 or 194 days).
Accruals are made on the basis of a sick leave presented at the place of work, which must be issued to a pregnant woman in a polyclinic ( antenatal clinic) at the obstetric period of 30 weeks of pregnancy.
In addition to the certificate of incapacity for work, it is necessary to submit an application for vacation to the accounting department at the place of work. A maternity allowance is assigned within 10 days from the date of application for its receipt, and payment is made on the next date of issue of wages at the enterprise.
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How are maternity payments calculated?
According to the amendments made to the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", since January 1, 2011, the procedure for calculating average earnings has changed, the value of which is used for calculating maternity in 2019.
The size maternity benefits when leaving on the corresponding leave from the place of work is obtained by multiplying the received average daily earnings:
- when calculating maternity benefits - for the number of days spent on parental leave (140, 156 or 194 days),
- when calculating monthly childcare allowance - by an amount of 30.4 (the average number of days in a month for a year), multiplied by a coefficient of 0.4.
Attention
According to the current rules, for calculating maternity benefits, the average daily wage is used, which itself calculated by the formula: the earnings accrued for the previous 2 full calendar years must be divided by 730 (or by 731 if one year in the period under review falls on a leap year). The average daily earnings received must not be less than the minimum daily earnings established from the minimum wage ( RUB 11280 from January 1, 2019.
Taking into account the changes under the new law, the amount of maternity payments in 2019 is calculated based on the amount of earnings accrued for 2 full calendar years preceding the year of issue on maternity leave (2017 and 2018, respectively), divided by the number of calendar days for this period, excluding:
- periods of temporary disability paid for sick leave (general illness, injury);
- paid days off from work to care for a disabled child;
- exemption from employment of an employee, while maintaining full or partial salary;
If a woman worked in several organizations before pregnancy, she has the right to apply for benefits in all places of employment. However, in the future, monthly payments for a child under 1.5 years old will be carried out by only one organization. The amount of payments is calculated based on the average salary.
2019 minimum maternity benefits and maximum
According to this minimum size maternity benefits in 2018, taking into account the value of the average daily earnings, calculated according to the minimum wage, is:
- RUB 43,615.65 - with normal childbirth (140 days);
- RUB 48,600.30 - with complicated childbirth (156 days);
- RUB 60,438.83 - with multiple pregnancies (194 days).
These minimums will increase from May 1, 2018- on on behalf of Vladimir Putin by this time the size of the minimum wage should be brought to the level living wage, approved by the decree of the Government of the Russian Federation for the 2nd quarter of 2017 (11163 rubles in accordance with decree No. 1119 of 09/19/2017). In proportion to this (that is, by 17.6%) from May 1, the minimum maternity rates will also increase.
Attention
Maximum allowance limited to the size of the average earnings from which social insurance contributions are made in the event of temporary disability and in connection with maternity (the so-called "insurance base").
Although in 2018 its size is 815 thousand rubles, when calculating the benefit, the insurance base is taken for the two previous years - 2016 and 2017 (respectively 718 and 755 thousand rubles), based on which the maximum size of maternity payments now make up:
- RUB 282,106.70 - during normal childbirth;
- RUB 314,347.47 - with complicated childbirth;
- RUB 390,919.29 - with multiple pregnancies.
How much more do they pay on maternity leave and up to 1.5 years monthly?
- Women registered at a polyclinic or antenatal clinic before the 12th week of pregnancy are entitled to a one-time aid in the amount of 628.47 rubles. - subject to the presentation of the relevant certificate from medical organization about the early registration of the expectant mother.
- In addition to this, one of the parents (mother or father) at the place of work is also paid a lump sum at the birth of a child, amounting to 16,759.09 rubles from February 1, 2018.
- At the end of the decree, parental leave is calculated with the right to receive a monthly allowance of up to 1.5 years - in the amount of 40% of the average salary, but not lower than the statutory one minimum amount:
- RUB3,788.33 for the first child (40% of the average monthly earnings when calculating the minimum wage = 9489 rubles);
- RUB 6,284.65 - on the second and subsequent.
Attention
You should know that when several children are born at the same time, the above are performed for each child (first, second and subsequent). The condition for obtaining is the presentation of a birth certificate (original) received at the registry office to the accounting department at the place of work, as well as certificates from the place of work the second parent about not receiving a one-time and monthly allowance.
How to calculate maternity in 2019 (example and online calculator)
Consider a situation when a woman goes on maternity leave in January 2018 for a period of 140 days (normal pregnancy and childbirth without complications).
In this case, when establishing maternity benefits (maternity benefits, childcare benefits), taking into account the approved calculation rules, income for the full 2016 and 2017 years will be taken into account:
- Income for 2016 was:
- salary - 150,000 rubles;
- vacation pay - 14,000 rubles;
- sick leave - 6000 rubles (14 days).
- Income for 2017:
- salary - 200,000 rubles;
- vacation pay - 17,000 rubles;
- sick leave - 3000 rubles (5 days).
Attention
With the above data, you can calculate the amount of established maternity payments, using the formula:
- maternity allowance:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 140 = RUB 74,915.73 - childcare allowance up to 1.5 years:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 30.4 × 0.4 = RUB 6506.97
Since the received values of benefits are higher than them and do not exceed maximum amounts payments for 2018, they will be accepted for accrual at the place of work or directly in the FSS. And the parents will only have to wait for the funds to be transferred.
Maternity payments in 2019 to a non-working mother
Norms current legislation provides for the payment of maternity benefits and benefits for registration in the early stages of pregnancy the following categories of unemployed:
- Women laid off within twelve months preceding the day they were recognized as unemployed in accordance with the established procedure, in connection with:
- liquidation of organizations;
- termination individuals activities as individual entrepreneurs (IE);
- termination of powers by private notaries or termination of the status of a lawyer;
- termination of activity by other individuals, whose professional activity in accordance with federal laws is subject to state registration and / or licensing.
Attention
Maternity allowance for these categories of citizens is established in the minimum fixed size(from February 1, 2018 - RUB 628.47 per month or 2888.73 rubles. for 140 days of the decree).
- Full-time women in educational institutions of various types(organizations of higher and additional vocational education, scientific institutions, educational and industrial complexes, etc.). Maternity benefits are established for them at the place of study and are paid in the amount of a scholarship.
In addition to the above, these categories of the unemployed (as well as, in general, all unemployed persons, not subject to compulsory social insurance in case of temporary incapacity for work and in connection with motherhood) in the bodies of social protection of the population relies:
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The rules for calculating maternity payments are set out in Law 255-FZ: Article 12 refers to the timing of circulation, Article 13 - about the appointment procedure, and Article 14 -
In the current article, we will analyze how to correctly calculate the allowance, which years to take for the calculation, which income to take into account, and which not. For a better understanding, examples are given that deal with various situations when registering a vacation in BiR.
How to calculate the correct vacation in 2019 - formulas and step-by-step instructions
The algorithm for calculating maternity benefits is spelled out in article 14 of Law 255-FZ.
In general, the formula for calculating maternity benefits for sick leave can be depicted as follows:
BiR manual= Average daily earnings * Duration of maternity leave in days
Average daily earnings= Total income for settlement period/ (Number of days in the billing period - Excluded days)
Step-by-step instructions for calculating maternity leave for an employer:
- Determine the billing period.
- Determine if there are days to be excluded from the calculation.
- Calculate the total income for this time.
- Calculate the amount of daily earnings by income.
- Compare daily wages with minimum and maximum.
- Calculate the amount of the benefit.
The entire amount of the accrued benefit is payable on the day set as the due date for the payment of salaries in the organization -.
To calculate the benefits must be drawn up, which, in turn, is drawn up on the basis and provided by the employee.
If a woman has several jobs, then the sick leave calculation needs to be carried out.
Settlement period
The billing period is two calendar years that precede the year in which the sick leave is opened. the date of the opening of the sick leave, then 2 years are taken before the year of commencement of maternity leave (clause 1 of article 14 of Law 255-FZ).
It is important that the calendar years are taken - from January 1 to December 31. The current year is never included in the calculation.
When registering a vacation in December 2019, the billing period is from 01/01/2017 to 12/31/20218. For registration in January 2020 - from 01/01/2018 to 12/31/2019.
The billing period can be replaced if a previous decree fell into it (for pregnancy or childcare). The presence of even one day of the decree in the accounting year gives the right to choose another year. Years replacement rules. This is a worker's right, not an obligation. Sometimes the benefit without replacement of years is higher than after it.
To select a different period, you must submit.
The calculation period in the formula is measured in calendar days. In a regular year there are 365 days, in a leap year - 366. If the calculation period includes a leap year, then the duration of the calculation period is 731 days, if not - 730.
Excluded days
When calculating, you can exclude some days (clause 3.1 of article 14 of Law 255-FZ):
- time of incapacity for work on sick leave, opened in connection with the illness of an employee, her child;
- time spent on sick leave for pregnancy and childbirth;
- time spent on maternity leave up to 3 years of age for a child;
- release from work with preservation (full or partial) of salary, if it was not charged insurance premiums.
The number of days in the specified periods is considered, the amount received is subtracted from 730 (or 731) in the formula for calculating the benefit.
Average earnings
To calculate maternity it is important to know average earnings for one day. For this, the total income of a woman for the billing period is considered and divided by the length of the billing period minus the days excluded.
It is possible to include not all incomes in the amount of earnings, but only those from which insurance deductions went to VNiM (in article 422 of the Tax Code of the Russian Federation, payments are indicated from which contributions are not paid).
The total earnings need to include:
- salary;
- vacation pay;
- vacation compensation;
- awards;
- financial assistance over 4000 rubles.
Not taken into account:
- state benefits, including for pregnancy and childbirth, for care up to 1.5 years, in connection with the adoption of a child in a family, for disability, unemployment and others;
- compensation for damages;
- compensation for meals, accommodation, travel;
- severance pay within three monthly wages;
- payment for retraining, advanced training;
- material assistance in connection with the death of relatives, natural disasters;
- material assistance provided by the employer on a voluntary basis, within 4000 rubles;
- payment for uniforms and workwear.
In the total annual income for calculating maternity according to BiR, an amount can be included that does not exceed ultimate base for maternity contributions for a given year (for 2017 it is 755,000, for 2019 - 815,000).
If in the calculated years a woman worked in several places, then earnings from each employer are taken into account. To do this, the employee must bring income certificates.
Comparison with the maximum and minimum size
Received average daily earnings it is imperative to compare with the valid values. The amount of maternity allowance must not exceed the established maximum limits, and also must not be lower than the minimum value.
The maximum allowance is calculated annually on the basis of the established limit bases for social contributions to VNiM - in 2019 it is 2,150.68 rubles. in a day - .
Minimum allowance established by the Government of the Russian Federation from February 1 of each year - in 2019 it is 370.85 rubles. -.
That is, in 2019, the daily average earnings received must be at least 370.85 and no more than 2150.68. If it turns out to be lower or higher, then the extreme boundary values are taken for the calculation.
Duration of the decree
The number of maternity days is determined in accordance with Article 255 of the Labor Code of the Russian Federation:
- 140 days in a standard situation;
- 194 - with twins or more;
- 156 - for difficult childbirth.
You can read more about the duration of maternity leave.
When is the minimum wage taken?
In some cases, a value equal to the minimum wage (minimum wage) is taken for the monthly wage of an employee, according to clause 1.1 of article 14 of Law 255-FZ, this is possible in the following cases:
- there was no earnings in the calculated years;
- earnings for the calculated years were below the minimum wage.
For these persons, the amount of the allowance is calculated according to the following formula:
BiR benefit from the minimum wage= Minimum wage * 24month. / 730 * Duration of the decree.
Also, the minimum wage for the calculation is taken for those workers, the general seniority which does not exceed six months -.
In these cases, when calculating, it is necessary to take into account the presence of a regional coefficient in the region. If it is, then the minimum maternity payment is multiplied by it.
Raising district coefficient(northern) is not taken into account when calculating the benefit from the woman's income, since this indicator already taken into account when calculating earnings.
Examples of determining maternity according to BiR
Example 1:
Initial data:
Salary for 2017 - 540,000, for 2019 - 920,000.
In addition, in 2017, a woman worked for another employer part-time, where she earned 100,000, about which she provided a certificate.
In 2017, she had a sick leave with a total duration of 25 days.
Calculate the size the allowance on sick leave.
Payment:
- The calculation excludes 25 days of incapacity for work.
- The total income in 2017 is 640,000 (540,000 + 100,000), in 2018 - 815,000 (since the income exceeds the marginal base for this year).
- Average daily earnings = (640,000 + 815,000) / (730 - 25) = 2,063.83.
- 2063.83 is less than the maximum (2150.68) and more than the minimum (370.85).
- Benefit = 2063.83 * 140 = 288 936.20.
Example 2:
Initial data:
In 2017, the woman did not work, in 2018 she earned 120,000.
There are no excluded days.
Let's calculate the size of her maternity allowance.
Payment:
- The settlement period is from 01.01.2017 to 31.12.2018 (730 calendar days).
- There are no excluded days.
- The total income in 2017 is 0, in 2018 - 120,000.
- Average daily earnings = (0 + 120,000) / 730 = 164.38.
- 164.38 is less than the maximum (2150.68) and less than the minimum (370.85). This means that for the calculation we take the minimum daily wage = 370.85.
- Benefit = 370.85 * 140 = 51,919.
When is sick leave payment calculated?
The employer must accrue maternity maternity leave within ten days from the date of receipt of the sick leave.
Pay out cash it is necessary with other payments due to the employee, on the day of settlement with employees for wages.
The entire accrued maternity amount is paid to the woman without any deductions.
Useful video
For the rules for calculating maternity benefits for pregnancy, see the video:
conclusions
To calculate maternity payments for BiR, you need to know the billing period, total income female workers during this time, the presence of disregarded days, the duration of the sick leave.
In addition, it is important to ensure that the daily earnings received are within the acceptable range and do not exceed the maximum limits.
Pregnant women are granted special maternity leave. It usually starts 70 days before the expected due date.
How long do they go on maternity leave in Russia?
What week and exact date the doctor will say at the appointment at the antenatal clinic at 6 months of pregnancy. Usually they go on vacation from the 30th week of pregnancy - for a period of 7 months.
The decree lasts 140 days for uncomplicated natural childbirth. 70 days are given before delivery and 70 days after. The date is determined by the doctor, but it often does not match the actual due date. Therefore, regardless of it, after 140 days, according to the law, the vacation ends.
A pregnant woman expecting more than one child is sent on leave 84 days before giving birth, gives birth and rests for another 110 days. In total, 194 days, instead of 140.
Extension of leave by law
When childbirth is complicated, for example, if a pregnant woman undergoes a caesarean section, then she claims 86 days of leave after childbirth. For this, in the maternity hospital, the doctor writes out a certificate of incapacity for work to provide the employer in addition to the main sheet.
Registration of the decree
The doctor in the card of the pregnant woman indicates the expected date of birth. You can ask the doctor to set the date a few days or even a week earlier if you do not want to work longer, but he is not obliged to do this.
The doctor determined the exact date and said when to come for the certificate of incapacity for work. To register a sick leave you need to take:
- the passport;
- insurance certificate SNILS.
The doctor will write out a sick leave and give a certificate of registration at an early date. Further, a pregnant woman at work writes an application for maternity leave, to which she applies a certificate of incapacity for work.
Example: how many days before childbirth go on vacation
Masha is expecting one child, the doctor has determined the expected date of birth on January 1, 2018. Let's subtract 70 days to find out the date of going on vacation. We get: October 22, 2017. The number falls on Sunday - a day off, so Masha will go on maternity leave from Monday 23 October 2017. Suppose Masha gave birth without complications on January 7, 2018. We add 140 days to October 23 in 2017, we get March 13, 2018 - the date of the end of maternity leave.
Is it possible to go on maternity leave before 30 weeks of pregnancy
A woman has the right to take advantage of the annual paid leave for 28 days before going on maternity leave and then immediately go on maternity leave. But this is not the limit. If a woman is feeling unwell or is at risk of miscarriage, she can take sick leave and, for example, undergo hospital treatment or go to preservation, then she can take an annual paid leave, and already leave it on maternity leave.
Maternity leave benefits
An example of calculating an allowance for BiR
Masha worked for 10 years for an organization that made contributions to the Social Insurance Fund of the Russian Federation (hereinafter referred to as the FSS). Masha went on maternity leave on December 31, 2018, we take into account the amount, including personal income tax, which the employer paid her, for 2016 and 2017.
Masha has earned 1,500,000 rubles over the past 2 years. We divide this amount by the number of days in the previous two years and multiply by the number of days of maternity leave. In 2016, there were 366 days, and in 2017 365 days, in total we will get 731. But from these days we will subtract the days when Masha was on sick leave or when there were no FSS deductions for her - she did not work officially, she was sick.
It turned out that Masha had been ill for 31 days, so we subtract 31 days from 731, and we get 700 days. And we know that Masha was expecting one child, which means that 140 days are supposed to.
Let's calculate: we divide 1,500,000 rubles by 700 days and multiply by 140. We get 300,000 rubles. But she will not receive this amount, since there is an upper limit for benefits payments. For 2018 - 282,493 rubles.
- 301,095.20 rubles for 140 calendar days;
- 335,506.08 rubles for 156 calendar days;
- 417,231.92 rubles for 194 calendar days.
Minimum:
- 51,919.00 rubles for 140 calendar days;
- 57 852.60 rubles for 156 calendar days;
- 71,944.90 rubles for 194 calendar days.
Holiday to care for the child
At the end of the maternity leave, a young mother is not obliged to go to work, the next one begins - to care for up to 3 years. After giving birth, you must write a statement at work and provide documents:
- birth certificate of a child;
- a certificate from the father's place of work confirming that he did not take leave until three years.
If you are tired of sitting on maternity leave, or other circumstances have appeared, you can go to work, and your spouse, grandmothers, grandfathers, guardians can take parental leave.
Until the child is three years old, parenting leave can be taken in turns. For example, up to a year, mom is with him, from a year to two, dad is resting, and until three is a grandmother.
Care allowance
This allowance is paid until the child is one and a half years old. WITH . The person caring for the child can receive benefits and compensation, the grandmother will be entitled to benefits based on her earnings.
To obtain you need:
- application for the appointment of benefits;
- birth or adoption certificate of the child being cared for;
- birth certificate or adoption of previous children in the family;
- certificate of wages over the past two years from previous jobs.
Usually, the employer asks to write an application and submit the documents along with the vacation application. Basically, the monthly benefit is 40% of the average earnings.
Example of calculating the care allowance
Masha's payments for two years amounted to 1,500,000 rubles, and she worked only 700 out of 731 days, the rest was on sick leave.
When calculating this benefit, we will also subtract the days of being on sick leave or on parental leave.
Let's calculate: we divide 1,500,000 by 700 (the number of days worked), multiply by 40% (to multiply by 40%, multiply by 40 and divide by 100) and multiply by 30.4 (the average number of days in a month), we get 26,057 rubles ...
- The allowance from January 1, 2019 cannot be less than 4 512 rubles if the first child was born, and 6 284 rubles (from February 1, 2019 - 6 554.89 rubles) if the child is the second and subsequent.
- Maximum from January 1, 2019 - RUB 26,152.27. Therefore, Masha will receive 26,057 rubles every month until the child reaches one and a half years.
If she wants to go to work, and her husband goes on parental leave, then he will receive an allowance calculated from his income for two years.
Is it possible to work on maternity leave
It is possible to work on vacation in BiR only under a civil law contract, then the allowance will be paid and the work under the contract will be paid. In addition, you can not go on maternity leave for a while, if the employer does not mind, and continue to work. In this case, the salary will be paid, but the days worked will be deducted from the allowance, and the amount of the allowance will be less.
An employer cannot pay wages and maternity benefits at the same time.
Working on parental leave
- part-time work;
- under a civil law contract;
- at home.
Part-time hours are not established by law. You can work three hours a day, two days a week, or you can work seven and a half hours five days a week, this will also be considered part-time. The main thing is to agree with the employer and not arouse suspicion in the FSS.
Is there any work experience during maternity leave
The length of service fully includes maternity leave, as well as a year and a half of parental leave.
If the mother or father took parental leave several times (for several children), in total, a maximum of 6 years of such leave can be included in the length of service (clause 3 of part 1 of article 12 of the Law of December 28, 2013 N 400-FZ).
The remaining one and a half years of maternity leave does not count towards the length of service. An exception is maternity leave to care for a child with a disability. In this case, the entire period of caring for him will be included in the experience.
Leaving maternity leave on maternity leave
A pregnant young mother has every right to leave maternity leave on the next maternity leave. You will have to choose whether to take advantage of the new sick leave and receive maternity benefits or receive care payments for up to a year and a half further.
The employer cannot provide two benefits and two leaves at the same time.
Dismissal on maternity leave
An employer can dismiss a woman on maternity leave only if:
- liquidation of a legal entity;
- termination of IP activities.
By on their own you can quit at any time. Therefore, if the employer persuades to sign a letter of resignation of his own free will and promises at the same time mountains of gold, you cannot agree. Most likely, after signing the papers, a pregnant woman or already a mother will not see either the gold or the employer.
Annual paid leave before decree
It is possible to go on another annual leave and add it to maternity leave if the pregnant woman has not yet taken it for the current year. Even if she has not worked the prescribed six months, she can use it, and the opinion of the employer does not matter.
You can take all the prescribed days, but you can only take a part, if it's more convenient.
Annual leave after decree
A young mother has the right to take annual paid leave both after maternity leave and after the entire maternity leave up to 3 years. It will be calculated for the 12 months that she worked before going on maternity leave. Therefore, you should not worry about the payment, the employer will pay for it, and the woman will receive as much as she would have received for the maternity leave.
.Is it possible to extend maternity leave after 3 years of maternity leave
Since 2014, an amendment to Article 11 of Federal Law No. 173 has been in effect, according to which leave to care for a child up to 1.5 years old is taken into account in seniority. At the same time, the maximum number of such one and a half-year-old decrees cannot exceed three, that is, a decree of up to 3 years with a fourth child will no longer be included in work experience.
Parents are mistaken that they can extend childcare up to 4.5 years (3 times for 1.5 years).
Until the age of 4.5 years and even up to 6 years, the decree can be extended only by agreement with the employer, if he agrees to keep the workplace for the employee for so long. At the same time, he will have to either partially pay the salary or benefit from his own funds.
The reason for extending the leave may be the unsatisfactory condition of the child. The Special Medical Consulting Commission (VKK) issues a certificate to the employee for the employer. The conclusion must be received annually.
If there are no grounds for extending the decree, the employer has the right to refuse the employee and even fire her if she does not come to work and in the event of a trial, the law will be on his side.
2019-07-08T13: 09: 29 + 00: 00
Hello! I have an annual promotion at work planned from September 1, I need to go on vacation for BI at the end of 07/21/2019, its end will be on 12/08/2019 (approximately). Since my salary is more than the upper limit, I expect to receive the maximum BIR benefit in the amount of 301 thousand rubles. At the same time, it is very important for me to get an entry in the work book about the promotion as soon as possible, so that the seniority with a higher position has already begun to be calculated - I need this for a resume later. I do not know how to do this so as to make an entry in the work record book with a higher position as early as possible and not lose the payments due to me? Because the monthly allowance on BBR leave is about 75 thousand, and on parental leave 26 thousand, maybe I should go to work for a couple of days after the BBR leave (having received 300 thousand of allowances in full), they will make an entry in labor with a higher position, and then again go on maternity leave?
Maternity benefits and child benefits
The issue of calculating maternity and child benefits in 2020 is of particular relevance for those who are planning children, or who already have small children. In 2020, the rules and procedure for calculating maternity benefits and child benefits have undergone significant changes. They touched upon both the amount of payments and the procedure for their provision. There are new payments for the needy categories, which are available to families with children under 3 or up to 7 years old.
Maternity benefits are officially maternity benefits. This is an allowance that is paid to a woman for a certain period before and after childbirth. In the standard case, it is paid for 140 days: 70 days before delivery and 70 days after. Across maternity benefits the state compensates the woman for her lost earnings in 100% of the volume.
In case of complicated childbirth, the duration of maternity leave is extended to 156 days. Accordingly, the amount of the benefit will be higher. For multiple pregnancies and complicated childbirth, the leave is 194 days.
For obvious reasons, they can only be obtained: they do not rely on the fathers of children or grandmothers, grandfathers, guardians. Even if dad actually goes on parental leave, he will not be able to apply for maternity leave.
All possible recipients of maternity benefits in 2020 are listed in the Federal Law-81 of 1995 "On State Benefits to Citizens with Children." This list includes:
- officially employed women;
- dismissed in connection with the liquidation of the enterprise within 12 months, which preceded the recognition of the person as unemployed;
- full-time students;
- who voluntarily registered with the FSS;
- military personnel under contract;
- persons who have adopted a child.
Unemployed women are not entitled to maternity leave, as are women who work informally or under a civil law contract. Entrepreneurs who have not gone through the procedure of voluntary registration with the FSS as an insured person and have not paid contributions will not receive maternity contributions either (by default, individual entrepreneurs are exempt from contributions to the FSS).
If an employee is employed under an apprenticeship or other contract, undergoes an internship or internship, then maternity payments are not paid to her.
Changes in the billing period
When calculating maternity, the woman's income for the previous two years is taken into account. In 2020 women’s earnings for 2018 and 2019 will participate in the calculations... If a woman went on maternity leave in December 2019, then the billing periods would be 2017 and 2018.
If the decree is issued in 2021, 2019 and 2020 will be included in the calculation.
The sick leave is compensated to the woman in full, it is not reduced by personal income tax.
![](https://i0.wp.com/zakonguru.com/wp-content/uploads/2020/01/1000-Ruble-Note.E03.jpg)
Example: The income of the employee Karandashina O.V. for 2019 amounted to 435 thousand rubles, for 2018 - 401 thousand rubles. She was on sick leave in 2019 for 6 days, in 2018 - 11 days. The amount of payments by Pencil in 2020 will be:
- (435,000 + 401,000) / (730 - 11 - 6) = 1,172.51 p. (average daily earnings).
The employee was granted leave for 140 days and the amount of maternity leave was 164,150 rubles.
Changes in minimum and maximum sizes
The government approved new limits for calculating insurance premiums for 2020. Why is this indicator so important in terms of calculating child benefits and maternity benefits? They directly affect maximum size maternity and benefits for children under 1.5 years.
Employers pay social security contributions for their employees in the amount of 2.9% of wages. They go to the budget of the Social Insurance Fund, and then are distributed among the employees when insured events occur. Such insured events are pregnancy and childbirth. Funds from the FSS are distributed for payment of sick leave(maternity) and child benefits.
But contributions to the FSS are paid by the employer not from the entire salary of employees, but with some restrictions. Annually the Government sets limits for assessing contributions to the Social Insurance Fund... When the employee's salary for the year exceeds the limit, the contributions to the Social Insurance Fund are no longer charged.
The limit directly affects the amount that is paid to employees when insured event... This is especially true for high-income employees. For the calculation, they take the average earnings of an employee for the last 2 years, but taking into account the established limit when calculating insurance premiums. That is, whatever the employee's salary over the past 2 years, maternity and childcare benefits cannot exceed the maximum amount.
When going on maternity leave in 2020, the maximum amount of payments for ordinary uncomplicated childbirth will be 322,192 rubles. If a woman went on maternity leave in 2019, then for her the maximum amount of maternity leave would be 301,095 rubles. in 140 days.
The FSS would pay her maternity at the rate of: maximum 2150.68 rubles. per day. The limit for assessing contributions in 2019 was 1.57 million rubles. The maternity leave for 140 days was no more than 301,095.2 rubles.
In case of complicated childbirth and 156 days of leave, the maximum maternity in 2020 will be 359,013.72 rubles, with multiple pregnancies for 194 days, no more than 446,465.78 rubles will be paid.
The limits for assessing contributions for 2020 will amount to 1.68 million rubles. The maximum average daily earnings taken into account will be 2301.37 rubles. The maximum daily earnings of a woman for calculating maternity benefits are calculated as follows:
- (815,000 + 865,000) / 730 = 2,301.37 p.
Thus, maternity payments will be unprofitable for women with a salary of more than 70 thousand rubles. per month: they will not be able to receive 100% compensation from the state. They can continue to work and receive a salary, but they cannot pay maternity benefits and benefits at the same time.
If a woman goes on maternity leave in 2021, then her maximum maternity leave for 140 days will be 340,328.8 rubles.
The state sets not only the maximum amount of contributions, but also the minimum amount below which a woman will not receive even if low income... This guaranteed minimum wage is tied to (federal). The minimum wage for 2020 was 12 130 rubles. (for comparison: in 2019 - 11,280 rubles).
The minimum maternity allowance that pregnant Russian women can count on in 2020 will be 55,831 rubles.... (this is 3,912 rubles more than the level of 2019). The minimum allowance for 156 days will be 57,852.6 rubles, for 194 days - 71,944.90 rubles.
A woman will receive maternity in the indicated amount if the amount of her earnings for 2018-2019 is less than 398.79 rubles. in a day. The minimum average daily earnings in 2020 is determined by the following formula:
- 12 130 * 24 / 730.
The value is tied to the minimum wage at the time of calculation.
Individual entrepreneurs receive maternity wages in the minimum amount, regardless of the amount of income, since they pay insurance premiums based on the minimum wage. The minimum amount is received by maternity and those women whose work experience was less than six months.
The minimum maternity leave can be obtained by a woman who has been working in an organization for less than 2 years and cannot provide data on earnings from the previous place of work.
Children's benefits in 2020
Indexation of all child benefits that are paid out of funds federal budget, according to the rules, it is produced not from January, but from February 2020. At the same time, benefits, the payment of which depends on the size of the minimum and maximum wages, will increase from January 2020.
In February 2020, payments related to the birth of a child will be indexed by a factor of 1.031... The allowance for early registration at an antenatal clinic (if a woman is registered before 12 weeks of pregnancy) will amount to 655.48 rubles in January 2020. In February it will be indexed to 675.8 rubles. Indexation is paid annually. It should be borne in mind that some regions establish additional support measures for early registration: for example, in Tula, this allowance exceeds 10 thousand rubles.
The lump sum for the birth of a child in January 2020 is 17,479.72 rubles, from February - 18,021.59 rubles. It is subject to annual indexation.
The indicated amounts are increased by the current regional coefficient, northern and other allowances.
The lump sum is calculated at the place of work of one of the parents. If one of the parents is employed, and the other is not, then only an employed person can apply for payment. If both parents do not work officially or are individual entrepreneurs, then the allowance is paid after contacting the social security authorities.
Benefits up to 1.5 years
The maximum amount for calculating contributions to the Social Insurance Fund and the minimum wage also affects the amount of child benefits for caring for a child up to 1.5 years old. Based on these indicators, child benefits are calculated, more precisely, their threshold and minimum values.
In 2020, the minimum will be RUB 4,852.(This is 340 rubles more than in 2019 - 4 512 rubles). The minimum benefit will be indexed from February 2020. The minimum allowance for the care of a second and subsequent child under 1.5 years of age from February 2020 will be:
- RUB 6,554.89 * 1.031 = 6,758.09 p.
The maximum amount of the childcare allowance will be 27,985 rubles in 2020.(1833 rubles more than in 2019, when it was 26 152.24 rubles). The maximum allowance for a child under 1.5 years of age in 2020 is calculated as follows:
- ((81 5000 + 86 5000) / 730 * 30,4 * 40%).
In 2021, the maximum allowance will reach RUB 29,519.56.
With the childcare allowance, the average earnings for the previous 2 years are taken into account, taking into account the limits. The person caring for the child receives 40% of the average monthly earnings... At the same time, the average earnings are considered as follows:
- average daily earnings for the previous two years before the start of vacation * 30.4 (average number of days in a month).
The maximum average daily earnings for the year are known in advance. To calculate it, the limits on contributions for the previous two years are determined. When calculating the minimum amount of benefits, the minimum wage is taken into account. The minimum childcare allowance will be calculated as follows:
- Minimum wage * 40%.
For example, a woman received 10,000 rubles. per month. According to calculations, her allowance should be 4,000 rubles, but this is less than the limit, so she will receive 4,852 rubles. per month.
Under the law, a woman caring for a child and working part-time may be entitled to a salary and childcare allowance. The allowance is issued only after the end of the maternity leave. If a woman did not go on maternity leave, then she can apply for an allowance immediately after the birth of the child. But she is not entitled to receive maternity and nursing benefits for the same period.
Not only the mother of the child can apply for the benefit, but also the father, grandparents. The payment is tied to the child: a father and mother are not entitled to receive an allowance up to 1.5 years for the care of one child at the same time.
The allowance is also due to the unemployed and entrepreneurs.... They receive it through the social security authorities in the minimum amount guaranteed by the state. The rest of the categories of citizens apply for benefits from their employer. To do this, they write a free-form application with a request for the appointment of a payment. Attached to this statement are:
- birth certificate of a child;
- certificate stating that the other parent did not receive benefits;
- certificate of income for 2 years from the previous employer.
The benefit is awarded within 10 days of the request for payment. Usually it is transferred on the day wages are issued.
Payments for caring for a child from 1.5 to 3 years old
Until 2020, payments for caring for a child under 3 years old were nominal: they amounted to only 50 rubles. monthly. Many families did not even apply for the appointment of such a payment: a lot of documents were required, and the allowance paid would not even be enough to buy a package of milk.
But from 2020, a benefit of 50 rubles. it was decided to abolish, as not meeting the current economic realities... Instead, it was decided to introduce a targeted program of support for families who really need additional resources to support children.
Corresponding amendments were made to FZ-81 of 1995 "On State Benefits to Citizens with Children". Payments based on the criterion of need are due to persons caring for a child from birth to 3 years old (before 2020, this benefit was paid up to 1.5 years).
This additional allowance for the first, second and third children born after January 1, 2018, whose family meets the eligibility criteria, does not have a fixed amount. It is paid in the amount of the subsistence minimum per child for the 2nd quarter of the year preceding the application for payment.
On average, the amount of the allowance for a child under 3 years old exceeds 11 thousand rubles. per child monthly (the amount depends on the region).
For example, the family has two children 2 and 4 years old, dad and mom. Dad gets 35,000 rubles. a month, my mother does not work. The living wage for a child in the region is 11,000 rubles. The income per family member was 8,750 rubles. (35,000 / 4). This is below two times the minimum subsistence level (11,000 * 2), so the mother can receive benefits until the child turns 3 in the amount of 11,000 rubles.
So, in the Vladimir region, the double value of the subsistence minimum is 23,492 rubles, the allowance for a child under 3 years old will be paid in the amount of 10,780 rubles. In Moscow, the double living wage is 40 390 rubles, the child allowance is paid in the amount of 15 225 rubles, in the Tula region - 22 762 rubles. and 10 427 p. respectively, in St. Petersburg - 25,168.6 rubles. and 11 176.2 rubles., Yamalo-Nenets Autonomous Okrug - 35 414 rubles. - minimum and 16,700 rubles. - child benefit.
Payment of the so-called " Putin's benefits»Up to 3 years occurs in 2020 on the following conditions:
- The family's monthly income does not exceed two living wages per able-bodied resident in the region.
- The payment can be issued for the first, second or third child born after 2018.
- In 2020, the cost of living of children for the 2nd quarter of 2019 is taken as a basis.
- The payment can be issued to both employed and unemployed parents.
- For the first child, funds are paid in the social security authorities, for the second and third - in the FIU.
- It should be borne in mind that the allowance for the second and subsequent child reduces the amount of maternity capital, since it is paid from these funds. The family may not apply for benefits and keep maternal capital in full size.
To apply for the allowance, you must write an application to which you must attach a passport, birth certificate of children or a child, documents on family composition (certificate of family composition) and income (certificate from the accounting department on income for Last year, declaration, etc.). When calculating per capita income, it is necessary to take into account all types of earnings, including the basic salary at the place of work, pension, scholarship, alimony, severance pay, income from valuable papers or deposits, etc.
In the course of checking the information provided, the total family income for the year is divided by 12 and by the number of family members. This is how the average per capita income is obtained, and if it turns out to be less than two times the regional minimum, then the allowance is assigned.
The allowance is paid monthly according to the details specified by the applicant.
Payments for caring for a child from 3 to 7 years old
During his Address to the Federal Assembly on January 15, 2020, President V. Putin emphasized that from January 2020, families with incomes within two subsistence levels will receive monthly payments for the first and second child up to 3 years old. Also large families receive an allowance in the amount of a living wage per child: this support program is being implemented today in all 75 regions. For example, in Ivanovo region this amount is 10 327 rubles, in the Belgorod region - 9 084 rubles, in the Tver region - 11 399.09 rubles, in the Pskov region - 11 057 rubles, Chechnya - 10 811 rubles, in the Astrakhan region - 11 256 r., in the Republic of Tatarstan - 9 373 r., in Tyumen region- 11 632 p.
But after the child reaches three years old, everything fixed payments stop, and therefore the family may find itself in a difficult situation with money. To prevent this, the President proposed introducing monthly additional payments for families with children from 3 to 7 years old. Moreover, such payments are supposed to be introduced "retroactively": already from January 2020.
To pay this allowance, you will need to issue a special certificate of earnings in the accounting department. The payment will be available to families whose income does not exceed the subsistence level per person. From January 2020, payments will be 5,500 rubles. (half of the living wage for children), and from January 2021 - 11,000 rubles.
The payment will be increased to the full cost of living from 2021, even if, even with the new benefit in 2020, family incomes were insufficient to become comparable to the cost of living per child per person.
While payment child allowance up to 7 years old has the status of a legislative initiative, and the details for its practical implementation have not been established.
Only after the publication of the relevant law will it become clear who will be entitled to new payments and in what amount. Presumably, it is planned to allocate an additional 134 billion rubles for the payment of benefits for children under 7 years old.
Other child benefits
From February 2020, the payment for pregnancy will be increased for wives whose husbands are undergoing urgent military service... This payment is made at a fixed rate and has been indexed regularly since February. In 2019 and January 2020, it was 27 680.97 rubles, after indexation in February 2020 it will be 28 539.08 rubles.
When adopted from 7 years old or several children (the amount is paid for each), 137,699.69 rubles are paid. (133,559.35 * 1.031).
Payment for a child of a military man(serving on conscription) will amount to 12,231.03 rubles after the February indexation. In January 2020, it will remain at the level of last year - RUB 11,863.27.
Payment for the loss of a military breadwinner will amount to 2,459.97 rubles. (from February 2020 to this date - 2 386 rubles).
For a child from the Chernobyl zone up to 1.5 years, a solid surcharge has been introduced - 3,485.21 rubles. (RUB 3,380.42 until February 2020).
Also, in many regions there are other programs to support young families. Often, child benefits are assigned here according to the criteria of property need, but there are other options. For example, in Moscow, a regional allowance of 15,000 rubles is provided for. (from birth to 3 years) and 6,000 rubles. - for children 3-18 years old, for single mothers - 10,000 rubles. up to 3 years.
Thus, in 2020, child benefits will be indexed in several stages: from January and February. The formula for calculating maternity benefits and child benefits in 2020 remained unchanged, but the calculation periods have changed: now the woman's income for 2018 and 2019 is taken into account, as well as the limits for transferring contributions to the Social Insurance Fund that were in effect during the indicated periods of time. It has also been revised towards increasing the minimum wage. As a result, the maximum maternity and childcare benefits have increased, and the minimum values of these benefits have also increased.
The federal payment system provides for the following types of benefits:
- Maternity (maternity benefits).
- For early registration for pregnancy.
- Lump-sum payment upon the birth of a child.
- Payment for the care of a child under 1.5 years old.
- Payment for the care of a child under 3 years old (it is planned to additionally introduce a payment for care for up to 7 years old).
There are also additional regional payments and payments in favor of selected categories citizens: for military personnel, adoptive parents, etc.
as well as the norms of the Tax, Labor and Civil Codes.
Regardless of social status, the mother receives financial support from the Social Insurance Fund, the enterprise where she works, the educational organization or the Social Security Administration.
Maternity allowance
There is no legal concept of maternity leave. The legislation provides for maternity leave (MA) and parental leave for a child up to 1.5 and 3 years old.
Collectively, they are usually called maternity leave, and the benefits due to parents at the birth of children are called maternity benefits. What payments are required when going on maternity leave?
At the 30th week of pregnancy, and in some cases even earlier, the mother takes maternity leave, or maternity leave. It is issued on the basis of.
Another important feature: only a mother who has given birth, or who has adopted a baby less than three months old, can get this species financial aid.Daddy is not supposed to. But the husband and father can receive other maternity benefits. See which ones and how to arrange them.
The amount of maternity benefits will depend on the length of the vacation and the size of the salary.
As a rule, there can be several options for the length of the vacation.:
- Standard 140-day vacation.
- 70 days before and 86 days after for complicated labor.
- 84 days and 110 after childbirth - when two or more offspring are born.
Depends on the number of sick leave days. For the days of vacation, the woman will receive the corresponding cash accruals - the average earnings in full... To calculate the amount of maternity leave, a billing period of 2 calendar years preceding the decree is taken.
Knowing the calculation rules is not difficult at all.
The minimum amount of such an allowance is 43 thousand 65 rubles. In this case, the mother's insurance experience and the minimum wage in the region are taken into account (it cannot be less than 9 thousand 489 rubles).
The BIR allowance is paid in a single amount, after the package of documents is submitted to the employer on the next day the wages are transferred.
In addition to the BIR benefits, working mothers can receive a lump sum payment.
It is 628.47 rubles. Paid together with maternity allowance.
Those who are not working are not entitled to general rule... Exceptions are:
- Female students of higher and secondary specialized educational institutions.
- Lost their jobs as a result of bankruptcy and liquidation of the company.
- Individual entrepreneurs, as well as notaries and lawyers who deduct insurance contributions to the FSS.
It is worth noting that during the liquidation of the enterprise, all maternity payments due to employees are retained in full.
See details.
Monthly benefits
![](https://i2.wp.com/posobie.online/wp-content/uploads/2018/04/vyplaty_13_10202127-400x227.jpg)
In addition to the above categories, these payments can be received by the wives of military personnel and full-time students.
Also, the state provides for maternity payments up to 3 years for both working and non-working women.
Their size is minimal and amounts to 50 rubles per child per month, regardless of the social status of the mother.
For more information on the procedure for obtaining maternity benefits, see.
Putin's payments
From January 1, 2018, there are new children's benefits as well. In general terms, the information on them is as follows:
- Families in which the income for each family member does not exceed one and a half times the size can apply for them
living wage established in the region of residence. - Benefits are paid for the first and subsequent children born after January 1, 2018.
- Payment terms are limited to the age of the baby up to one and a half years.
- The amount of financial assistance is equivalent to the regional subsistence minimum.
- The money for the first child is paid at the expense of the FSS, and for the second and subsequent children, parents can use the funds of the maternity capital.
The role of the FSS in the transfer of funds
FSS and maternity benefits are closely related. As a rule, all types of financial assistance are paid either by the employer or by the social security authorities on the basis of the documents provided by the applicant.
After that, all the amounts paid are compensated to the organization by the Fund Social Insurance(FSS).
It is possible to apply to the FSS directly to the applicant only in exceptional cases.:
- if the region of residence of the applicant is included in the pilot project of direct payments to the FSS;
- if the employer refuses to pay.
In the first case, documents confirming the right to pay benefits are handed over to the employer, and only an application for payment and details for transferring funds are sent to the FSS.
In the second case, you must first go to court with a claim against the employer, and after the court's decision, together with other documents, apply directly to the territorial office of the fund to receive payments.
FSS transfers money within ten calendar days. Monthly payment are transferred to the account from the 1st to the 15th day of each month.
Tax
These rules do not apply to the standard bulletin, it is reflected in the income documents.
Monthly deductions received by a guardian for a son or daughter under one and a half years of age are considered income, included in the total family income (Federal Law 44 "On the procedure for recording income and calculating the average per capita family income and income of a single citizen for recognizing them as poor and providing them with state social assistance") ...
Thus, any woman who decides to become a mother is entitled to receive a certain financial support, regardless of whether she works officially or not.
To do this, you need to write a statement and attach to it medical documents and also a bank statement.