Law 255 fz latest edition. New rules for calculating temporary disability benefits, pregnancy and childbirth benefits, monthly childcare benefits
Chapter 1. General Provisions
Article 1. The subject of regulation of this Federal Law
1. This Federal Law determines the conditions, sizes and procedure for providing benefits for temporary disability, for pregnancy and childbirth of citizens subject to compulsory social insurance.
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 of Articles 12, 13, 14 and 15 of this Federal Law applicable to these relations in part , which does not contradict the Federal Law of July 24, 1998 N 125-ФЗ "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases".
Section 2. Persons Eligible for Temporary Disability Benefits, Maternity Benefits
1. Citizens subject to compulsory social insurance for temporary incapacity for work and in connection with motherhood (hereinafter referred to as the insured persons) are entitled to temporary disability benefits, maternity benefits (hereinafter - the insured persons), subject to the conditions provided for by this Federal Law and other federal laws.
2. The insured persons are citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation:
1) persons working under labor contracts;
2) state civil servants, municipal employees;
3) lawyers, individual entrepreneurs, including members of peasant (farmer) households, individuals not recognized as individual entrepreneurs, members of clan, family communities of small peoples of the North who voluntarily entered into relations for compulsory social insurance in case of temporary disability and in connection with maternity and paying insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of December 31, 2002 N 190-ФЗ "On providing benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes , and some other categories of citizens "(hereinafter - the Federal Law" On the provision of compulsory social insurance benefits for citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens en ");
4) other categories of persons who are subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with other federal laws, provided that they pay taxes or (or) insurance contributions to the Social Insurance Fund of the Russian Federation.
3. Persons working under labor contracts, for the purposes of this Federal Law, shall be recognized as persons who entered into the labor contract in the prescribed manner from the day from which they were supposed to start work, or persons actually admitted to work in accordance with labor legislation.
4. Legislative, regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation may also establish other payments for providing federal state civil servants, state civil servants of the constituent entities of the Russian Federation in connection with temporary disability, pregnancy and childbirth, financed from the federal budget and budgets of the constituent entities. Russian Federation.
Article 3. Financing the payment of benefits for temporary disability, maternity
1. Financing of the payment of temporary disability benefits, maternity benefits to insured persons is carried out at the expense of the budget of the Social Insurance Fund of the Russian Federation, as well as at the expense of the employer in the cases provided for in part 2 of this article.
2. The temporary disability benefit in the cases referred to in Clause 1 of Part 1 of Article 5 of this Federal Law shall be paid to insured persons (with the exception of the insured persons referred to in Part 4 of this Article) for the first two days of temporary disability at the expense of the employer, and for the rest of the period starting from the 3rd day of temporary disability - at the expense of the Social Insurance Fund of the Russian Federation.
3. The temporary disability benefit in the cases provided for by Clauses 2-5 of Part 1 of Article 5 of this Federal Law shall be paid to insured persons (with the exception of insured persons referred to in Part 4 of this Article) from the funds of the Social Insurance Fund of the Russian Federation from the 1st day of temporary disability.
4. Financing the payment of temporary disability benefits to insured persons working under employment contracts concluded with organizations and individual entrepreneurs applying special tax regimes (switched to a simplified taxation system or who are payers of a single tax on imputed income for certain types of activities or a single agricultural tax) , as well as to persons who voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with motherhood, is carried out in accordance with the Federal Law "On the provision of compulsory social insurance benefits for citizens working in organizations and for individual entrepreneurs using special tax regimes, and some other categories of citizens. "
5. In the cases established by the laws of the Russian Federation, federal laws, the financing of expenses related to the payment of temporary disability benefits, maternity benefits in excess of those established by the legislation of the Russian Federation on compulsory social insurance, is carried out at the expense of the federal budget transferred for these goals of the Social Insurance Fund of the Russian Federation.
Article 4. Provision of benefits for temporary disability, for pregnancy and childbirth of persons convicted of imprisonment and involved in paid work
Persons sentenced to deprivation of liberty and engaged in paid work shall be subject to provision of temporary disability benefits, maternity benefits in the manner determined by the Government of the Russian Federation.
Chapter 2. Providing temporary disability benefits
Section 5. Cases of Provision of Temporary Disability Benefit
1. Providing insured persons with temporary disability benefits is carried out in the following cases:
1) disability due to illness or injury, including in connection with an operation to terminate a pregnancy or in vitro fertilization (hereinafter referred to as a disease or injury);
2) the need to care for a sick family member;
3) the quarantine of the insured person, as well as the quarantine of a child under the age of 7 years, attending a pre-school educational institution, or another member of the family recognized as legally incompetent;
4) performing prosthetics for medical reasons in a stationary specialized institution;
5) aftercare in the prescribed manner in sanatorium facilities located on the territory of the Russian Federation, immediately after inpatient treatment.
2. The temporary disability benefit is paid to insured persons upon the occurrence of the cases specified in paragraph 1 of this article, during the period of work under an employment contract, performance of official or other activities during which they are subject to compulsory social insurance, as well as in cases when the disease or the injury occurred within 30 calendar days from the date of termination of the specified work or activity or from the date of conclusion of the employment contract until the day of its cancellation.
Section 6. Conditions and duration of payment of temporary disability benefits
1. The allowance for temporary incapacity for work in the event of disability due to illness or injury is paid to the insured person for the entire period of temporary incapacity for work until the day of restoration of disability (determination of disability with limited ability to work), with the exception of the cases specified in parts 3 and 4 of this article.
2. When treating an insured person in a sanatorium-resort institution located in the territory of the Russian Federation, immediately after inpatient treatment, temporary disability benefit is paid for the period of stay in the sanatorium-resort institution, but not more than 24 calendar days.
3. The insured person, recognized in the established manner as disabled and having a limited ability to work, temporary disability benefits (except for tuberculosis) are 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 the degree of restriction of ability to work due to tuberculosis is increased.
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 disability recovery (disability with limited ability to work). In this case, the insured person whose illness or injury occurred from the date of concluding the employment contract until the day of its cancellation, temporary disability benefit is paid 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 outpatient treatment or sharing with a child in a hospital, but not more than 60 calendar days in a calendar year for 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 state policy and legal regulation in the field of healthcare and social development, in no more than 90 calendar days in a calendar year for all cases of care for 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 outpatient treatment or sharing with a child in a hospital, but not more than 45 calendar days in a calendar year in all cases of caring for this child;
3) in the case of caring for a sick child with a disability under the age of 15 years - for the entire period of outpatient treatment or sharing with a child in a hospital, but not more than 120 calendar days in a calendar year for all cases of care for this a child;
4) in the case of caring for a sick child under the age of 15 years who is HIV-infected - for the entire period of joint stay with the child in an inpatient medical institution;
5) in the case of caring for a sick child under the age of 15 years with his illness associated with post-vaccination complication - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution;
6) in other cases of caring for a sick family member with 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 7 years of age attending preschool educational institutions or other family members recognized as legally incapable are subject to quarantine, temporary disability benefits are paid to the insured person (one of the parents, another legal representative or another family member) for the entire 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 in all cases specified in parts 1 to 7 of this article for calendar days falling on the corresponding period, with the exception of calendar days falling on the periods specified in part 1 of article 9 of this Federal Law.
Section 7. Amount of Temporary Disability Allowance
1. The allowance for temporary disability in the event of disability due to illness or injury, with the exception of the cases specified in paragraph 2 of this article, under quarantine, prosthetics for medical reasons and aftercare in sanatoriums immediately after inpatient treatment is paid in the following amount:
1) to the insured person having an insurance experience of 8 years or more - 100 percent of the average earnings;
2) to the insured person having an insurance experience of 5 to 8 years - 80 percent of average earnings;
3) to the insured person with an insurance experience of up to 5 years - 60 percent of average earnings.
2. The allowance for temporary disability in the event of disability due to illness or injury is paid to insured persons in the amount of 60 percent of the average earnings in the event of illness or injury that occurred within 30 calendar days after termination of work under an employment contract, official or other activity during which they subject to compulsory social insurance.
3. The allowance for temporary disability, if necessary, to care for a sick child is paid:
1) during outpatient treatment of a child - for the first 10 calendar days in the amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article, for the following days in the amount of 50 percent of average earnings;
2) during inpatient treatment of a child - in an amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article.
4. The allowance for temporary incapacity for work if necessary to care for a sick family member during his outpatient treatment, with the exception of cases of caring for a sick child under the age of 15 years, is paid in an amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article.
5. The amount of temporary disability benefits cannot exceed the maximum amount of temporary disability benefits established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. If the insured person works for several employers, the amount of temporary disability benefit cannot exceed the indicated maximum amount of the specified benefit for each place of work.
6. The insured person who has an insurance experience of less than six months, temporary disability benefits are paid in an amount not exceeding the minimum wage for a full calendar month established by federal law, and in areas and localities in which district coefficients are applied in accordance with the established procedure wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
7. The allowance for temporary incapacity for work for the period of inactivity is paid in the same amount as the salary is maintained during this time, but not higher than the amount of the allowance that the insured would receive according to the general rules.
Article 8. Grounds for reducing the amount of temporary disability benefits
1. The grounds for reducing the amount of temporary disability benefits are:
1) violation by the insured person without good reason during the period of temporary disability of the regime prescribed by the attending physician;
2) failure to appear of the insured person without good reason at the appointed time for a medical examination or for medical and social examination;
3) a disease or injury resulting from alcohol, drug, toxic intoxication or actions related to such intoxication.
2. If there is one or more grounds for reducing temporary disability benefits specified in paragraph 1 of this article, temporary disability benefits are paid to the insured person in an amount not exceeding the minimum monthly wage established by federal law for a full calendar month:
1) if there are grounds specified in clauses 1 and 2 of part 1 of this article, from the day the violation was committed;
2) if there are grounds specified in clause 3 of part 1 of this article, for the entire period of incapacity for work.
Article 9. Periods for which temporary disability benefits are not assigned. Grounds for refusing to assign temporary disability benefits
1. The temporary disability benefit is not assigned to the insured person for the following periods:
1) for the period of exemption of an employee from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation, with the exception of cases of disability by an employee due to illness or injury during the period of annual paid leave;
2) for the period of suspension from work in accordance with the legislation of the Russian Federation, if no wages are charged for this period;
3) for the period of detention or administrative arrest;
4) for the period of the forensic medical examination.
2. The grounds for refusal to assign temporary disability benefits to the insured person are:
1) the onset of temporary incapacity for work as a result of the court intentionally causing the insured person to harm his health or attempted suicide;
2) the onset of temporary disability as a result of an intentional crime committed by the insured person.
Chapter 3. Providing maternity allowance
Section 10. Duration of Maternity Benefit
1. Maternity allowance is paid to the insured woman in total for the entire period of maternity leave lasting 70 (in the case of multiple pregnancy - 84) calendar days before delivery and 70 (in the case of complicated births - 86, at the birth of two or more children - 110) calendar days after delivery.
2. When adopting a child (children) under the age of three months, the maternity benefit is paid from the day of its adoption and until 70 (in the case of simultaneous adoption of two or more children - 110) calendar days from the date of birth of the child (children).
3. If a mother takes maternity leave while the mother is on maternity leave until she reaches the age of one and a half years, she has the right to choose one of two types of benefits paid during the periods of the respective leave.
Article 11. Amount of maternity allowance
1. Maternity allowance is paid to the insured woman in the amount of 100 percent of the average earnings.
2. The amount of the maternity allowance may not exceed the maximum amount of the maternity allowance established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. If the insured person works for several employers, the amount of the maternity allowance cannot exceed the indicated maximum amount of the specified allowance for each place of work.
3. An insured woman with an insurance experience of less than six months, maternity allowance shall be paid in an amount not exceeding the minimum wage for a full calendar month established by federal law, and in areas and areas in which the district coefficients are applied in the prescribed manner to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
Chapter 4. Appointment, calculation and payment of benefits for temporary disability, pregnancy and childbirth
Article 12. Terms for applying for temporary disability benefits, for pregnancy and childbirth
1. The allowance for temporary disability is assigned if the appeal was followed no later than six months from the date of restoration of disability (determination of disability with limited ability to work), as well as the end of the period of dismissal in cases of caring for a sick family member, quarantine, prosthetics and aftercare.
2. Maternity allowance shall be granted if the appeal has been received no later than six months from the date of termination of the maternity leave.
3. When applying for temporary disability benefits, maternity leave after a six-month period, the decision to assign benefits is made by the territorial body of the Social Insurance Fund of the Russian Federation if there are good reasons for missing the deadline for applying for benefits. The list of valid reasons for missing the deadline for applying for benefits is determined by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of compulsory social insurance.
Article 13. The procedure for the appointment and payment of benefits for temporary disability, for pregnancy and childbirth
1. Assignment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth are carried out by the employer at the place of work of the insured person (with the exception of the cases specified in parts 2 and 3 of this article). If the insured person works for several employers, benefits are assigned and paid to him by each employer.
2. The insured person who has lost his ability to work due to illness or injury within 30 calendar days from the date of termination of work under an employment contract, official or other activity during which he is subject to compulsory social insurance, temporary disability benefit is assigned and paid by the employer in his last place work or territorial body of the Social Insurance Fund of the Russian Federation.
3. To the insured persons referred to in clause 3, part 2 of Article 2 of this Federal Law, as well as to other categories of insured persons in the event of termination of the activity by the employer at the time the insured person applies for temporary disability benefits, pregnancy and childbirth benefits, the purpose and payment of these benefits are carried out by the territorial body of the Social Insurance Fund of the Russian Federation.
4. In order to assign and pay temporary disability benefits, maternity benefits, the insured person submits a disability certificate issued by a medical organization in the form and in the manner established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of compulsory social insurance, and for the appointment and payment of benefits by the territorial body of the Social Insurance Fund of the Russian Federation also with information on earnings (income) from which the allowance should be calculated, and documents confirming the length of service determined by the indicated federal executive body.
5. The employer shall pay the benefits for temporary disability, maternity to the insured person in the manner prescribed for the payment of wages to employees.
6. In cases of assignment and payment of benefits for temporary disability, maternity leave by the territorial body of the Social Insurance Fund of the Russian Federation, provided for in parts 2 and 3 of this article, payment of benefits for temporary disability, pregnancy and childbirth is made in the prescribed amount directly by the territorial body of the Fund social insurance of the Russian Federation, which appointed the specified benefit, or through the organization of the federal postal service, credit or other organization at the request of the recipient.
Article 14. The procedure for calculating benefits for temporary disability, for pregnancy and childbirth
1. Benefits for temporary disability, maternity leave are calculated based on the average earnings of the insured person calculated for the last 12 calendar months preceding the month of the onset of temporary disability, maternity leave.
2. The earnings, on the basis of which temporary disability benefits, maternity benefits are calculated, include all types of payments provided for by the wage system, which are taken into account when determining the tax base for the unified social tax credited to the Social Insurance Fund of the Russian Federation, in accordance with the chapter 24 parts of the second Tax Code of the Russian Federation. The earnings for calculating temporary disability benefits, maternity benefits for insured persons who voluntarily entered into compulsory social insurance for temporary incapacity for work and in connection with motherhood include the income received by them from which insurance contributions were paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "On the provision of compulsory social insurance benefits for citizens working in organizations and individual redprinimateley, using special tax regimes, and some other categories of citizens. "
3. The average daily earnings for calculating temporary disability benefits, maternity benefits 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 falling on the period for which wages are taken into account.
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.
6. In the event that the amount of benefits for temporary disability, maternity, calculated in the manner prescribed by this article, exceeds the maximum sizes of benefits for temporary disability, maternity, established in accordance with Articles 7 and 11 of this Federal Law, these benefits are paid in the indicated maximum amounts.
7. The particularities of the procedure for calculating temporary disability benefits, maternity benefits, including for certain categories of insured persons, are determined by the Government of the Russian Federation.
Article 15. Terms for the appointment and payment of benefits for temporary disability, for pregnancy and childbirth
1. The employer assigns benefits for temporary disability, maternity leave within 10 calendar days from the date the insured person applies for it with the necessary documents. The payment of benefits is carried out by the employer on the day after the appointment of benefits is set for the payment of wages.
2. The territorial body of the Social Insurance Fund of the Russian Federation, in the cases provided for by parts 2 and 3 of Article 13 of this Federal Law, assigns and pays benefits for temporary disability, pregnancy and childbirth within 10 calendar days from the date the insured person submits the relevant application and necessary documents .
3. Assigned but not received by the insured person in a timely manner allowance for temporary disability, maternity leave is paid for all the past time, but not more than three years prior to applying for it. The benefit not received by the insured person in whole or in part through the fault of the employer or the territorial body of the Social Insurance Fund of the Russian Federation is paid for all past time without any time limit.
4. Amounts of temporary disability, maternity benefits paid unduly to the insured person cannot be collected from him, except for cases of a counting error and dishonesty on the part of the recipient (submission of documents with knowingly incorrect information, concealment of data affecting the receipt of benefits and its size, other cases). The deduction is made in the amount of not more than 20 percent of the amount due to the insured person at each subsequent payment of the benefit, or his salary. Upon termination of the payment of benefits or wages, the remaining debt is recovered in court.
5. The accrued amounts of benefits for temporary disability, maternity, not received in connection with the death of the insured person are paid in the manner prescribed by the civil legislation of the Russian Federation.
Article 16. The procedure for calculating the length of insurance to determine the amount of benefits for temporary disability, pregnancy and childbirth
1. The periods of work of the insured person under an employment contract, state civil or municipal service, as well as periods of other activities during which a citizen was subject to compulsory social insurance, are included in the length of service to determine the amount of benefits for temporary disability, maternity leave (length of service). in case of temporary disability and in connection with motherhood.
2. The calculation of the insurance period is carried out in a calendar manner. In case of coincidence in time of several periods included in the length of service, one of such periods shall be taken into account at the choice of the insured person.
3. The rules for calculating and confirming the length of service are established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of compulsory social insurance.
Chapter 5. The Procedure for the Entry into Force of this Federal Law
Article 17. Retention of previously acquired rights in determining the amount of temporary disability benefits and duration of insurance
1. To establish that citizens who have started work under an employment contract, service or other activity during which they are subject to compulsory social insurance are entitled to receive temporary disability benefits before January 1, 2007 the amount (in percentage terms of average earnings) exceeding the size of the allowance (in percentages of average earnings), relying in accordance with this Federal Law, temporary disability benefit is assigned and payable in the same higher amount (in percentage of the average wage), but not above the set in accordance with the federal law the maximum size of temporary disability.
2. In the event that the duration of the insurance period of the insured person calculated in accordance with this Federal Law for the period up to January 1, 2007, turns out to be less than the duration of his continuous period of employment, which is used when assigning temporary disability benefits in accordance with previously existing regulatory legal acts , for the same period, the duration of the insurance period is the duration of the continuous working experience of the insured person.
Article 18. Application of this Federal Law to insurance events occurring before the day and after the day it enters into force
1. This Federal Law shall apply to insured events that occur after the day this Federal Law comes into force.
2. For insurance events that occurred before the day this Federal Law comes into force, the temporary disability, maternity benefit is calculated according to the norms of this Federal law for the period after the day it comes into force, if the amount of the benefit calculated in accordance with this Federal by law, exceeds the amount of the allowance, relying on the norms of the previous legislation.
Article 19. Entry into Force of this Federal Law
2. From January 1, 2007, legislative acts and other regulatory legal acts of the Russian Federation, providing for the conditions, amount and procedure for providing benefits for temporary disability, for pregnancy and childbirth of citizens subject to compulsory social insurance, shall be applied in part that does not contradict this Federal Law.
The president
Russian Federation
V. Putin
Note Ed .:
Article 14. The procedure for calculating temporary disability benefits, maternity allowance, monthly childcare benefits
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 had no earnings during the periods specified in paragraph 1 of this article, as well as if the average earnings calculated for these periods per full calendar month are lower than the minimum wage established by federal law by the day of the occurrence of the insured event, the average earnings, on the basis of which benefits for temporary disability, maternity leave, monthly allowance for child care are calculated, are taken equal to the minimum wage, mouth copulating federal law on the day of the insured event. 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 temporary disability benefits, maternity benefits, the monthly childcare allowance are calculated, include all types of payments and other benefits for the benefit of the insured person, for which insurance contributions to the Social Insurance Fund of the Russian Federation are charged 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 Fund for Mandatory Medical Health Insurance "(for the period ending December 31, 2016 inclusive) and (or) in accordance with the Russian legislation on taxes and fees (since 1 January 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 entrepreneurs, for 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, for pregnancy are calculated and maternity leave, a monthly allowance for child care, all types of payments and other benefits for the benefit of the insured person are included, which are included in the base for accrual 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, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund" (for the period of 31 December 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) in the corresponding calendar year and do not exceed the maximum base for the number of insurance contributions to the Social Insurance Fund of the Russian Federation established in this calendar year. Information on the specified payments and remuneration in favor of the insured person for the relevant period is 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 the employee’s exemption from work with full or partial retention of wages in accordance with the legislation of the Russian Federation, if 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 of 31 December In 2016, inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (from January 1, 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 assignment and payment of benefits to the insured person for temporary disability, maternity leave is carried out by the territorial bodies of the insurer at the place of registration of several policyholders in accordance with parts 2 and 4 of Article 13 of this Federal Law, the average earnings on the basis of which these benefits are calculated, is taken into account for each calendar year in an amount not exceeding the specified limit value, when calculating these benefits for each of these insurers.
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, cannot 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 child care 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 benefits, monthly childcare benefits, including for certain categories of insured persons, are determined by the Government of the Russian Federation.
The legislation of the Russian Federation provides for the accrual of monetary compensation for temporarily disabled citizens. Upon receipt of an injury, during illness, pregnancy, and after childbirth, a citizen cannot fully work, so the employer must pay him sick leave.
The grounds for receiving compensation is a disability certificate. The conditions for calculating payments are regulated by Federal Law 255. Consider its main provisions.
What is the document about?
The full title of the document is “On Compulsory Social Insurance of Disabled Citizens”.
It describes the main provisions for receiving monetary compensation:
- Accrual conditions;
- Payout amount;
- Rules for crediting funds.
Recent amendments to the law were made in 2020.
Main tasks
The document was created by the government of the Russian Federation to regulate the payment of monetary compensation to disabled people. The objectives of Federal Law 255 are as follows:
- Determine which categories of workers are entitled to paid sick leave;
- Identify the grounds for granting such leave;
- Determine the amount of monetary compensation.
General Provisions
The main points that are described in Federal Law 255:
- Only officially employed citizens of the Russian Federation (working on a work book) have the right to receive monetary compensation;
- If a person is officially employed in several places, money for sick leave or sick leave is transferred from all organizations. However, maternity allowance is accrued only by one employer.
- Pregnant women and girls on maternity leave, as well as people injured in the workplace, can receive payment from the employer;
- The amount of compensation depends on the severity of the injury, therefore, it is possible to determine how much an employee will receive after issuing a sick leave.
Video: 5 sick leave questions
Provision of temporary disability benefits
There are two types of temporary disability benefits:
- Personal injury or illness (also pregnancy and childbirth);
- An employee cares for a disabled member of the family.
In the first case, payments are transferred to officially employed citizens who, due to illness or injury, are temporarily unable to go to work. The benefit is paid during the entire period of incapacity for work, but not more than four months from the date of opening of the sick leave.
In the second case, the duration of the vacation depends on the age and diagnosis of the sick family member:
Maternity benefits
During the bearing of a child, the representative of the beautiful half of humanity cannot fully work. The legislation provides for the provision of benefits for pregnant workers.
The duration of the benefit payment depends on whether there were any complications during pregnancy and childbirth, how many children the woman gave birth to:
- In the absence of problems during the bearing of a child, a woman is given 70 days before delivery and the same number of days of leave after;
- If there were complications during childbirth, postpartum leave increases to 86 days;
- When carrying two or more babies, a woman is given 86 days of leave before childbirth, and 110 after.
Assignment, calculation and payment of benefits
To determine the amount of disability benefits, it is necessary to calculate the average employee earnings per day.
For this, all payments received at the official place of work are added up, including:
- Wage;
- Holiday
- Hospital facilities;
- Bonuses for good work.
After that, the sum of all payments is divided by the number of days in two years (730 or 731 if the year was a leap year). The resulting figure is the average daily earnings of a person.
Depending on the length of service at the official place of work, the amount of benefits for one day of sick leave may vary:
- For workers with an experience of less than five years, a payment of 60% of earnings per day is charged;
- Experience from five to eight years - 80% of the average daily income is paid;
- Work experience of more than eight years - 100% of earnings per day are paid.
Let's look at an example of how the amount of temporary disability benefit is calculated in one day.
Example. Every month a person received a salary of 40,000 rubles. We multiply this amount by 24 (the number of months) and get 960,000 rubles. Also, for two years, the employee received two bonuses, both in the amount of 1000 rubles. We also add these amounts and we get 980000 rubles. Now we divide all earnings in two years by 730 (number of days), and we get 1342 rubles: the employer is required to accrue so much for each day of sick leave to his employee.
With an experience of less than eight years, the amount of payments is also reduced.
Order of entry into force
The sick leave comes into force from the moment the employee provides it to the official place of work. It is worth noting that according to the labor code, a person has the right to bring a document to the accounting department of the organization within six months from the end of the vacation. Vacation will be paid only after it is submitted to the employer.
To go on maternity leave, a pregnant woman needs to bring a sick leave within two weeks after receiving it at the antenatal clinic. After this, the employee has the right to go on a well-deserved vacation and is preparing for the birth of the baby.
What changes have been made?
In 2020, some articles of Federal Law 255 were amended. We will consider them in the following subsections.
Section 8
The eighth article introduced the reasons why the amount of compensation can be reduced:
- The patient did not comply with the doctor's prescription;
- At the time of the injury, the worker was intoxicated;
- Failure to appear at a routine medical examination.
Section 11
According to the amendments made to this article, a formally employed woman receives maternity benefits in the amount of 100% of the official salary.
If the experience at the last place of work does not exceed six months, the girl is paid monthly compensation in the amount of the minimum wage established in the region of her residence.
Section 12
This article outlines the rules for the employee to apply to the employer for payment. In 2020, the terms of providing sick leave significantly increased: now the employee has half a year to contact the organization’s accounting department for payment.
Section 13
Starting in 2020, a doctor can issue a sick leave not only in writing, but also in electronic form. In the second case, to confirm the authenticity of the document, an electronic seal of a doctor or hospital is placed on it.
Sick leave
To receive payment, a certificate of incapacity for work must comply with all the norms of Russian law.
In particular, it should contain the following information:
- Address of the medical institution that issued the document;
- Information about the patient: name, date of birth, identification code, place of work;
- Start and end dates for sick leave
- Diagnosis;
- Treatment measures that have been taken in relation to the patient;
- At the bottom of the sick leave is the date of its completion, the signature of the attending physician, and the hospital seal.
You can familiarize yourself with the sample disability certificate.
The legislation of the Russian Federation, among social benefits, specifically provides a guarantee to all individuals for whom the employer pays the required insurance amounts, as well as compensation payments to pregnant women and persons caring for a child until he reaches a certain age. For the most part, all these payments are made at the expense of the funds that the employer transfers for each of its employees.
All of the above aspects are addressed directly in Federal Law 255 “On Compulsory Social Insurance for Temporary Disability and in Connection with Motherhood” (hereinafter referred to as the “Law”).
Key Points
This Law was adopted on December 29, 2006, replacing the previously existing Federal Law of July 16, 1999 “On the Basics of Compulsory Social Insurance”.
The new law introduced new rules for calculating sick leave and benefits in connection with the onset of pregnancy and childbirth. In particular, the changes affected. Under the new legislation, the billing period now includes not one previous year, but two.
New Law in detail paints the following questions:
![](https://i0.wp.com/posobie-help.ru/wp-content/uploads/2017/03/fz_255_polozenija.jpg)
Questions to be addressed
Conditionally, in the text of the Law we can distinguish three main areas:
- General cases when temporary disability occurs;
- Maternity benefits;
- Payments for caring for a child who has not yet reached the age of one and a half years.
Also the size of insurance premiums is established for each employee and the procedure for their transfer to the Social Insurance Fund.
Payment of insurance premiums
The law obliges all employers pay insurance premiums for their employees to social insurance bodies. Their size is set as a percentage of the employee’s salary. At present it equals 2.9%.
These contributions transferred monthly after the wages are accrued.
It is from these money transfers that the payment of benefits takes place, with the exception of the first 3 days of the ordinary sick leave (his employer pays at his own expense).
The employer accrues all benefits and then pays out of his own funds, and only then does the Social Insurance Fund reimburse him for the money spent by transferring money.
Temporary disability
The law deals with this issue in Chapter 2, articles 5 through 9.
They reveal next questions:
![](https://i2.wp.com/posobie-help.ru/wp-content/uploads/2017/03/fz_255_yplata.jpg)
All citizens for whom accrual and transfer will be entitled to benefits insurance amounts to the Social Insurance Fund, as well as in some cases, payments will be made to persons who will care, in particular.
Disability any illness or injury that prevents the employee from fulfilling his or her official duties is considered. It can only be installed by a medical institution that issues a certificate of incapacity for work, where the reason and duration will be indicated.
Disability certificate has a unified form and is a form of strict reporting. The Law has clear rules on how to fill out this document. It is filled by employees of medical institutions and employees of the organization where it is provided for payment. The Social Insurance Fund conducts periodic inspections, during which the correctness of filling and accrual of benefits is checked. In the event that gross mistakes are made when filling out the form of incapacity for work, such a form of social insurance may not be accepted for payment, respectively, the paid sick leave to the employer is not compensated.
The amount of payment depends on the number of years of the employee and is as follows percentages from average earnings:
- 60% - with work experience up to 5 years;
- 80% - with the experience of 5-8 years;
- 100% - with an experience of more than 8 years.
This applies to ordinary situations when the person who received the leaflet is personally on sick leave. In the case when the sick leave is issued for caring for children or other family members payment is made at a rate of 60%, regardless of the experience.
Payments are held in the following way:
- the employee provides sick leave to the employer;
- accrual;
- benefits are paid at the nearest wage.
Despite the fact that the benefit is accrued only to those for whom insurance premiums are paid, the employer pays 3 days of sick leave at his own expense, and the Social Insurance Fund reimburses him the rest.
Pregnancy and childbirth
Chapter 3 is devoted to this issue; it regulates the size and timing of benefits.
A woman is also issued sick leave for this period, which has strictly set duration. She is:
![](https://i0.wp.com/posobie-help.ru/wp-content/uploads/2017/03/fz_255_rodi.jpg)
Since pregnancy and childbirth are registered on the sick leave, then payment and accrual algorithm similar to a regular sick leave, but with a few exceptions:
- this sick leave is paid in full, that is 100%, regardless of the experience of the woman who received it;
- has a minimum and maximum size, which is limited by law. This size changes almost annually and depends on the change.
A sick leave certificate is issued on this basis 70 or 84 days before the date of delivery approximately set in the consultation.
Baby care
According to the Law, everyone who directly cares for a small child can receive monthly benefitsuntil the child is 1.5 years old.
This type of compensation begins to be paid only after the end of the leave given in connection with pregnancy and childbirth.
If a woman simultaneously has the right to receive both types of benefits, then she can choose only one of them, she will not be able to receive two at once. This situation can occur when a short time after the first birth.
Calculation principle the benefits are the same as for the accrual of sick leave, but the whole amount is not paid in full, and in installments every month and not in full, but only 40% per child. Accordingly, if there are 2 children, then the amount of the benefit will be 80%, if three children were born at the same time, then the benefit will be paid at 100%.
The allowance is paid by the employer. And then reimbursed by social insurance.
Benefit calculation methods, payment periods
All benefits are calculated based on average wage, which is defined as the amount of income for the two calendar years that precede when the accrual of benefits is made divided by the number of days in those years, that is, 730 or 731.
Thus, the average wage per day is calculated, then the amount received is multiplied either by the number of sick days or by 30.4, that is, the average number of days in a month. Then, the required percentage is calculated from the amount received.
Benefits are paid in the following terms:
![](https://i0.wp.com/posobie-help.ru/wp-content/uploads/2017/03/fz_255_nachislenije.jpg)
In cases of pregnancy and motherhood, the law allows replacement of billing periods, provided that in this case the amount of the benefit will be greater.
In particular, it is allowed to take into account those periods during which a woman had a vacation in connection with pregnancy and childbirth or with child care. And also if its payment in previous years was higher.
If the person to whom the benefit will be paid is immediately employed two employers, then only one of them, according to the choice of the employee, will be accrued, and the salary will be taken into account only the one accrued from this employer. To include in the calculation the entire salary accrued by all employers, you will have to quit from one place.
Last changes
Major changes in 2019:
Starting from February 1, 2019, state benefits for children will be indexed by the inflation rate, which will lead to an increase of 4.3%.
In connection with the increase in the minimum wage from January 1, 2019 to 11,280 rubles, the minimum and maximum payments for compulsory social insurance are indexed, including maternity allowance and monthly childcare benefits up to 1.5 years.
Since 2019, the average daily earnings cannot go beyond the extreme boundaries of 370.85 rubles and 2150.69 rubles (minimum and maximum values). That is, during normal pregnancy, for 140 days, the amount of payment should be not less than 51919 rubles and not more than 301095.2 rubles.
In case of premature pregnancy, B&R leave lasts 156 days, respectively, the minimum will increase to 57852.6 rubles, and the maximum - to 335506.08 rubles.
For multiple pregnancies, leave for BiR is extended to 194 days, for this period the allowance is provided in the range of 417,231.92 rubles - 71,944.9 rubles.
The rules for calculating disability benefits are described in the following video:
In this article, under quarantine, prosthetics for medical reasons and aftercare in sanatorium organizations immediately after rendering medical care in stationary conditions, the following amount is paid:
1) to the insured person having an insurance experience of 8 years or more - 100 percent of the average earnings;
2) to the insured person having an insurance experience of 5 to 8 years - 80 percent of average earnings;
3) to the insured person with an insurance experience of up to 5 years - 60 percent of average earnings.
2. The allowance for temporary disability in the event of disability due to illness or injury is paid to insured persons in the amount of 60 percent of the average earnings in the event of illness or injury that occurred within 30 calendar days after termination of work under an employment contract, official or other activity during which they subject to compulsory social insurance in case of temporary disability and in connection with motherhood.
3. The allowance for temporary disability, if necessary, to care for a sick child is paid:
1) when treating a child on an outpatient basis - for the first 10 calendar days in an amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article, for the following days in the amount of 50 percent of average earnings;
2) when treating a child in stationary conditions - in an amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article.
4. The allowance for temporary incapacity for work if it is necessary to care for a sick family member while he is being treated on an outpatient basis, with the exception of cases of caring for a sick child, shall be paid in an amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article.
6. The insured person who has an insurance experience of less than six months, temporary disability benefits are paid in an amount not exceeding the minimum wage for a full calendar month established by federal law, and in areas and localities in which district coefficients are applied in accordance with the established procedure wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
7. In the event of temporary incapacity for work that occurred before the period of inactivity and continued during the period of inactivity, the allowance for temporary incapacity for work for the period of inactivity is paid in the same amount as the salary maintained during this time, but not higher than the amount of the allowance for temporary incapacity for work that the insured a person would receive according to general rules.
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