What is the maximum decree allowance. How to count maternity
The procedure for assigning and calculating the amount of maternity benefits, which entered into force on January 1, 2011, involves the use of the rules for determining the amount approved by the Government of the Russian Federation on the basis of the average wage based on the results of the two-year period preceding the year of maternity leave, or taking into account the established minimum amount wages (minimum wage, from January 1, 2019 set at 11280 rubles.).
Payments are due to all working women who take maternity leave in the form of social insurance for temporary disability and in connection with motherhood. Maternity paid at a time and in total for the entire vacation period prescribed by law.
The usual duration of leave is considered to be 70 calendar days before childbirth (in the case of multiple pregnancy - 84 days) and 70 days after childbirth, with the exception of possible complications during childbirth - 86 days, or at the birth of two or more children - 110 days (respectively 140, 156 or 194 days).
Charges are made on the basis of a sick leave certificate submitted at the place of work, which must be issued to a pregnant woman in a clinic (antenatal clinic) at an obstetric period of 30 weeks of pregnancy.
In addition to the certificate of incapacity for work, accounting at the place of work must be submitted an application for leave. A maternity allowance is assigned within 10 days from the day of applying for its receipt, and payment is made on the earliest date of payment of wages at the enterprise.
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How are maternity bills calculated?
According to the amendments to the Federal Law of December 29, 2006 No. 255-ФЗ “On compulsory social insurance in case of temporary disability and in connection with motherhood”, from January 1, 2011, the procedure for calculating average earnings has changed, the value of which is used to calculation of maternity in 2019.
The size of maternity benefits when leaving for the appropriate vacation from the place of work is obtained by multiplying the received average daily earnings:
- when calculatingmaternity benefits - for the number of days per maternity leave (140, 156 or 194 days),
- when calculatingmonthly childcare benefits - by 30.4 (average number of days in a month for a year) multiplied by a coefficient of 0.4.
Attention
According to the current rules, the average daily earnings, which calculated by the formula: earnings accrued for the previous 2 full calendar years must be divided by 730 (or 731 if one year falls in a leap year in the period under review). The received average daily earnings should not be less than the minimum daily earnings established from the minimum wage ( 11280 rub. from January 1, 2019.
Considering the changes under the new law, maternity payments in 2019 calculated on the basis of the amount of earnings accrued for 2 full calendar years preceding the year of decree (respectively 2017 and 2018), divided by the number of calendar days for this period, excluding:
- periods of temporary disability paid for sick leave (general illness, trauma);
- paid days for exemption from work to care for a disabled child;
- exemption from labor activities of the employee, with the preservation of 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 work. However, in the future, monthly payments for a child up to 1.5 years old will be made only by one organization. The size of payments is calculated based on the average salary.
The minimum amount of maternity payments in 2019 and the maximum
Regarding this minimum size maternity benefits in 2018, taking into account the average daily wage calculated by the minimum wage, is:
- 43,615.65 rubles - during normal birth (140 days);
- $ 48,600.30 - with complicated births (156 days);
- US $ 60,438.83 - with multiple pregnancy (194 days).
These lows will increase from May 1, 2018 - by order By this time, Vladimir Putin’s minimum wage should be brought to the subsistence level approved by the Government of the Russian Federation for the 2nd quarter of 2017 (11163 rubles in accordance with resolution No. 1119 of 09/19/2017). In proportion to this (that is, by 17.6%), the minimum maternity leave will increase from May 1.
Attention
Maximum allowance It is limited by the average earnings from which social insurance contributions are made for temporary incapacity for work and in connection with motherhood (the so-called "insurance base").
Although in 2018 its size amounts to 815 thousand rubles, when calculating the benefit, the insurance base is taken for the previous two years - 2016 and 2017 (respectively 718 and 755 thousand rubles), based on which the maximum sizes of maternity payments now make up:
- RUB 282,106.70 - during normal birth;
- US $ 314,347.47 - with complicated births;
- RUB 390,919.29 - with multiple pregnancy.
How much do they pay on maternity leave and up to 1.5 years a month?
- Women who are registered in a clinic or maternity welfare clinic before the 12th week of pregnancy are entitled to receive one-time assistance in the amount of 628.47 rubles. - subject to the presentation of an appropriate certificate from a medical organization about the early registration of a future mother.
- In addition to this, one of the parents (mother or father) at the place of work is also paid a lump-sum allowance at the birth of a child, which amounts to 16,759.09 rubles since February 1, 2018.
- Upon completion of the decree, maternity 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 wage, but not lower than the minimum amount established by law:
- RUB 3,788.33 for the first child (40% of the average monthly income when calculated according to the minimum wage \u003d 9489 rubles);
- RUB 6,284.65 - on the second and subsequent.
Attention
You should know that at the birth of several children at the same time, the above are produced for each child (first, second and subsequent). The condition for receipt is the presentation to the accounting department at the place of work of a birth certificate (original) received at the registry office, as well as certificates from the place of work the second parent to not receive a lump sum and a monthly allowance.
How to calculate maternity in 2019 (example and online calculator)
Consider the situation when a woman goes on maternity leave in January 2018 for a period of 140 days (a normal pregnancy and childbirth without complications).
In this case, when establishing maternity payments (maternity benefits, child care), taking into account the approved calculation rules, incomes for the full 2016 and 2017 years will be taken into account:
- Income for 2016 amounted to:
- salary - 150,000 rubles;
- vacation pay - 14,000 rubles .;
- hospital - 6000 rubles. (14 days).
- Revenue for 2017:
- salary - 200,000 rubles .;
- vacation pay - 17,000 rubles .;
- hospital - 3000 rubles. (5 days).
Attention
With the above data, you can calculate the size of the established maternity payments, using the formula:
- maternity allowance:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 140 \u003d 74,415.73 RUB - allowance for childcare up to 1.5 years:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 30.4 × 0.4 \u003d 6506.97 rubles
Since the received values \u200b\u200bof benefits are higher than them and do not exceed the maximum amount of payments for 2018, they will be accepted for accrual at the place of work or directly to the FSS. And parents will only have to wait for the transfer of funds.
Maternity pay in 2019 for a disabled mother
The current legislation provides for the payment of maternity benefits and benefits for registration in early pregnancy the following categories of unemployed:
- Women fired for twelve months preceding the day they were recognized as unemployed, in connection with:
- liquidation of organizations;
- termination by individuals of activities as individual entrepreneurs (IP);
- termination of authority 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 set at a minimum fixed size (from February 1, 2018 - 628.47 rubles per month or 2888.73 rubles. for 140 days of the decree).
- Full-time women in educational organizations of various types (organizations of higher and additional professional education, scientific institutions, educational and industrial complexes, etc.). Maternity allowances are established for them at the place of study and paid in the amount of a scholarship.
In addition to the above, these categories of unemployed (as well as generally all non-working people, not subject to compulsory social insurance in case of temporary incapacity for work and in connection with motherhood) in the Social Security authorities relies on:
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The rules for calculating maternity payments are set out in Law 255-FZ: Article 12 refers to the terms of circulation, Article 13 describes the order of appointment, and Article 14 says
In the current article, we will analyze how to correctly calculate the allowance, which years to take for calculation, which incomes to take into account, and which not. For a better understanding, examples are given that analyze various situations when applying for a vacation in BiR.
How to calculate the right vacation in 2019 - formulas and step-by-step instructions
The algorithm for calculating maternity benefits is prescribed in Article 14 of Law 255-FZ.
In general, the formula for calculating maternity benefits on sick leave can be represented as follows:
BiR allowance \u003d Average daily earnings * Duration of a decree in days
Average daily earnings \u003d Total revenue for the billing period / (Number of days in the billing period - Excluded days)
Step-by-step instructions for calculating maternity for the employer:
- Determine the billing period.
- Set whether there are days to be excluded from the calculation.
- Calculate the total income for this time.
- Calculate daily earnings by income.
- Compare daily earnings with minimum and maximum.
- Calculate the amount of benefits.
The entire accrued benefit amount is payable on the day set as the deadline for paying salaries in the organization.
To calculate the allowance must be issued, which, in turn, is compiled on the basis of and provided by the employee.
If a woman has several jobs, then the calculation of the sick leave is necessary.
Billing period
The billing period is two calendar years that precede the year in which the sick leave is open. the opening date of the sick leave, then 2 years are taken before the year of the start of maternity leave (paragraph 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 involved in the calculation.
When making a vacation in December 2019, the billing period is from 01/01/2017 to 12/31/20218. When issued in January 2020 - from 01/01/2018 to 12/31/2019.
The billing period can be replaced if the previous decree (for pregnancy or child care) fell into it. The presence of even one day of 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 allowance without replacement of years is higher than after it.
To select another period you need to file.
The calculation period in the formula is measured in calendar days. In an ordinary year, 365 days, in a leap year - 366. If a leap year falls into the billing period, then the duration of the billing period is 731 days, if not - 730.
Excluded Days
When calculating, it is possible to exclude some days (paragraph 3.1 of article 14 of Law 255-FZ):
- incapacity for work on sick leave, opened in connection with the illness of the employee, her child;
- time spent on sick leave for pregnancy and childbirth;
- stay on maternity leave for a child under 3 years old;
- exemption from work with the preservation (full or partial) of salary, if insurance premiums were not accrued on it.
The number of days falling on the indicated periods is considered, the amount received is subtracted from 730 (or 731) in the formula for calculating benefits.
Average earnings
To calculate maternity, it is important to know the average earnings per day. For this, the woman’s total income for the billing period is considered and divided by the length of the billing period minus the days excluded.
The amount of earnings can include not all incomes, but only those with which insurance contributions were paid to the All-Russian Insurance Company (in article 422 of the Tax Code of the Russian Federation, payments are indicated from which contributions are not paid).
In the total earnings you need to include:
- salary;
- vacation pay;
- vacation compensation;
- prizes
- financial assistance over 4000 rubles.
Not taken into account:
- state benefits, including maternity, up to 1.5 years of age, in connection with the adoption of a child in the family, disability, unemployment and others;
- compensation for damages;
- compensation for meals, accommodation, travel;
- severance pay within three monthly earnings;
- payment for retraining, advanced training;
- financial assistance in connection with the death of relatives, natural disasters;
- material assistance provided by the employer on a voluntary basis, in the range of 4000 rubles;
- payment for uniforms and workwear.
In the total annual income for calculating maternity leave in BiR, you can include an amount not exceeding the limit base for contributions for maternity for a given year (for 2017 this is 755,000, for 2019 - 815,000).
If in the calculation years a woman worked in several places, then earnings from each employer are taken into account. For this, the employee must bring income statements.
Comparison with maximum and minimum size
Received average daily earnings must be compared with acceptable values. The size of maternity allowance should not exceed the established maximum limits, and should not be lower than the minimum value.
The maximum benefit is calculated annually on the basis of the established limit bases for social contributions to the All-Russian Scientific and Technical Museum - in 2019 this is 2150.68 rubles. in a day - .
The minimum allowance is 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 received daily average earnings should be no less than 370.85 and no more than 2150.68. If it is lower or higher, then extreme boundary values \u200b\u200bare taken for calculation.
Decree Duration
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 double or more;
- 156 - with complex births.
You can read more about the duration of maternity leave.
When is the minimum wage taken?
In some cases, for a woman’s monthly earnings, a value equal to the minimum wage (minimum wage) is taken, 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 accounting years;
- earnings for settlement years were below the minimum wage.
For these individuals, the benefit amount is calculated according to the following formula:
Wage Benefit from the minimum wage \u003d Minimum wage * 24months / 730 * Duration of the decree.
Also, the minimum wage is taken for calculation for those workers whose total work experience does not exceed six months -.
In these cases, the calculation must take into account the presence of a regional coefficient in the region. If he is, then the minimum maternity payment is multiplied by him.
Raising the district coefficient (north) is not taken into account when calculating benefits from the income of women, since this indicator is already taken into account when calculating earnings.
Examples of the definition of maternity in bi
Example 1:
Initial data:
The salary for 2017 is 540,000, for 2019 - 920,000.
In addition, in 2017, a woman worked for another part-time employer, 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.
We calculate the size of the prescribed sick leave benefits.
Payment:
- 25 days of incapacity for work are excluded from the calculation.
- The total income in 2017 is 640,000 (540,000 + 100,000), in 2018 - 815,000 (since income exceeds the limit base for this year).
- Daily average earnings \u003d (640,000 + 815,000) / (730 - 25) \u003d 2063.83.
- 2063.83 is less than the maximum (2150.68) and more than the minimum (370.85).
- Benefit \u003d 2063.83 * 140 \u003d 288 936.20.
Example 2:
Initial data:
In 2017, the woman did not work, in 2018, 120,000 were earned.
There are no excluded days.
We calculate the size of her maternity allowance.
Payment:
- Settlement period - from 01/01/2017 to 12/31/2018 (730 calendar days).
- There are no excluded days.
- Total income in 2017 is 0, in 2018 - 120,000.
- Daily average earnings \u003d (0 + 120,000) / 730 \u003d 164.38.
- 164.38 is less than the maximum (2150.68) and less than the minimum (370.85). So, for the calculation we take the minimum daily wage \u003d 370.85.
- Allowance \u003d 370.85 * 140 \u003d 51,919.
When is sick leave pay accrued?
The employer must accrue maternity maternity leave within ten days from the date of receipt of the sick leave.
It is necessary to pay cash with other payments due to the employee on the day of settlement with the employees for wages.
The entire accrued maternity amount is paid to the woman without any deductions.
Useful video
See the video for the rules for calculating maternity allowance in pregnancy:
findings
To calculate maternity benefits for BiR, you need to know the estimated period, the total income of the employee during this time, the presence of unaccounted days, the duration of the sick leave.
In addition, it is important to make sure that the amount of daily earnings obtained is in an acceptable range of values \u200b\u200band does not exceed the maximum limits.
Pregnant women are granted special maternity leave. It usually begins 70 days before the expected date of delivery.
How long do maternity leave go in Russia?
At what week and the exact date the doctor will tell you at the reception in 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 with uncomplicated natural birth. 70 days are given before birth and 70 after. The doctor determines the date, but often it does not coincide with the actual date of birth. Therefore, regardless of it, after 140 days, the law ends the vacation.
A pregnant woman expecting more than one child is sent on vacation 84 days before giving birth, gives birth and rests another 110 days. In the amount of 194 days, instead of 140.
Legally extended vacation
When childbirth takes place with complications, for example, if a pregnant woman has a cesarean section, she claims 86 days of leave after childbirth. To do this, the doctor writes out a disability sheet in the hospital to provide the employer in addition to the main sheet.
Decree
The doctor on the pregnant card indicates the estimated 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 a disability certificate. To apply for sick leave, you need to take:
- 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 places a disability sheet.
Example: how many days before birth go on vacation
Masha is expecting one baby, the doctor determined the estimated date of birth on January 1, 2018. Subtract 70 days to find out your vacation date. Receive: October 22, 2017. The number falls on Sunday - a day off, so Masha will go on decree from Monday October 23, 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 end date of maternity leave.
Can I go on maternity leave before 30 weeks of pregnancy?
A woman has the right to take advantage of 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 feels ill or has a risk of miscarriage, she can take a sick leave and, for example, undergo treatment in a hospital or go to preservation, then you can take an annual paid vacation, and then go on maternity leave.
Maternity leave benefits
Example of calculating B&R benefits
Masha worked for 10 years for an organization that made contributions to the Social Insurance Fund of the Russian Federation (hereinafter FSS). Masha went on decree on December 31, 2018, taking into account the amount, including personal income tax, which her employer paid 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 for 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 get 731. But from these days we 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 ill.
It turned out that Masha was sick for 31 days, which means we subtract 31 days from 731 and get 700 days. And we know that Masha was waiting for one child, which means 140 days.
We calculate: 1,500,000 rubles divided by 700 days and multiplied by 140. We get 300,000 rubles. But she will not receive this amount, since there is an upper limit on 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, the young mother is not obliged to go to work, the next begins - for the care of up to 3 years. After childbirth, 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’re tired of maternity leave, or other circumstances have appeared, you can go to work, and your spouse, grandparents, guardians can take parental leave.
Until the child is three years old, leave to care for him can be taken in turn. For example, up to a year his mother is with him, from a year to two dad is resting, and up to three grandmother.
Care allowance
This allowance is paid until the child is one and a half years old. WITH . Anyone who cares for a child can receive benefits and compensation; grandmother will rely on benefits based on her earnings.
To receive you need:
- application for benefits;
- birth certificate or adoption certificate of the child to be taken care of;
- birth certificate or adoption of previous children in the family;
- salary certificate for the last two years from previous jobs.
Usually, the employer asks to write an application and submit the documents together with the vacation application. Basically, the monthly benefit amount is 40% of average earnings.
Example of calculating care allowance
Masha's payments for two years amounted to 1,500,000 rubles, and she worked out of 731 days only 700, the rest was on sick leave.
When calculating this allowance, we also subtract the days spent on sick leave or on parental leave.
We calculate: 1,500,000 divided by 700 (the number of days worked), multiplied by 40% (to multiply by 40%, multiplied by 40 and divided by 100) and multiplied by 30.4 (the average number of days in a month), we get 26057 rubles .
- The benefit 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.
- The maximum since January 1, 2019 is 26,152.27 rubles. 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 leaves for parental leave, then he will receive a allowance calculated from his income for two years.
Is it possible to work on maternity leave
You can work on vacation in BiR only under a civil law contract, then they will pay benefits and pay the work under the contract. In addition, you can not go on maternity leave for some time, if the employer does not mind, and continue to work. In this case, a 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 salaries and maternity benefits at the same time.
Work on parental leave
- part-time;
- under a civil law contract;
- at home.
Part-time work is 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 cause suspicion in the FSS.
Is there a length of service during maternity leave?
The length of service includes maternity leave, as well as a year and a half of leave to care for the baby.
If a mother or father took out parental leave several times (for several children), a maximum of 6 years of such leave may be included in the length of service (Section 3, Part 1 of Article 12 of the Law of December 28, 2013 No. 400-ФЗ).
The remaining one and a half years of maternity leave shall not be counted in the experience. An exception is maternity leave to care for a child with a disability. In this case, the entire period of care for him will enter the length of service.
Maternity leave
A pregnant young mother has every right to leave maternity leave on the next maternity leave. You will have to choose, use a new sick leave and get maternity benefits or receive care payments up to a year and a half further.
The employer cannot provide two benefits and two holidays at the same time.
Maternity leave
An employer may dismiss a woman on maternity leave only if:
- liquidation of a legal entity;
- termination of IP activities.
If you wish, you can quit at any time. Therefore, if the employer persuades to sign a letter of resignation of his own free will and at the same time promises mountains of gold, you can’t agree. Most likely, after signing the papers, the pregnant or already mom will not see either the gold or the employer.
Annual paid leave before decree
It is possible to go on regular 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 for 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 part, if it is 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 decree up to 3 years. It will be calculated for the 12 months that she worked before leaving on maternity leave. Therefore, you should not worry about the payment, the employer will pay it, and the woman will receive as much as she would have received for 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 force, according to which parental leave for children under 1.5 years of age is taken into account in seniority. Moreover, the maximum number of such one and a half year decrees cannot exceed three, that is, a decree of up to 3 years with a fourth child will no longer enter the length of service.
Parents are mistaken that they can extend the care of a child 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 salaries or allowance from his own funds.
The reason for prolonging the vacation may be the unsatisfactory condition of the child. The Special Medical Advisory Commission (IAC) issues a certificate to the employee for the employer. The conclusion must be obtained annually.
If there is no reason to extend the decree, the employer has the right to refuse an employee and even dismiss her if she does not go 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 planned an annual promotion from September 1 at work, I need to go on leave for BiR at the end of 07/21/2019, it will end on 12/08/2019 (approximately). Since I have more than the upper bound, I expect to receive the maximum R&D allowance of 301 thousand rubles. At the same time, it is very important for me to get an entry in the workbook about the increase as soon as possible, so that seniority with a higher position has already begun to be calculated - I need this for the resume later. I don’t know how to do it so that as early as possible to make an entry in the workbook with a higher position and not lose the payments due to me? Because the monthly allowance for B&M leave is about 75 thousand, and for maternity leave 26 thousand, maybe I should go to work a couple of days after my M&A leave (having received 300 thousand full benefits), I will be recorded in a labor with a higher position, and then again go on maternity leave?
Maternity and child allowances
The issue of calculating maternity and children's allowances in 2020 is of particular relevance to those who are planning children, or who already have small children. In 2020, the rules and procedure for calculating maternity and child benefits underwent significant changes. They affected both the size of payments and the procedure for their provision. There are new payments for the needy categories that are available to families with children under 3 or under 7 years old.
Maternity benefits are officially maternity benefits. This is a benefit 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. Through maternity payments, the state compensates the woman for her lost earnings in 100% of the volume.
In complicated births, the length of maternity leave is extended to 156 days. Accordingly, the amount of benefits will be greater. With multiple pregnancies and complicated births, leave is 194 days.
For obvious reasons, they can only get them: they do not rely on fathers of children or grandparents, grandfathers, guardians. Even if papa actually goes on parental leave, he will not be able to take maternity leave.
All possible recipients of maternity benefits in 2020 are listed in Federal Law No. 81 of 1995 on State Benefits for Citizens with Children. This list includes:
- officially working women;
- dismissed in connection with the liquidation of the enterprise within 12 months that preceded the recognition of a person as unemployed;
- full-time students;
- who voluntarily registered with the FSS;
- contract servicemen;
- persons who have adopted a child.
Maternity women are not entitled to unemployed women, nor are women who work informally or as part of a civil contract. Entrepreneurs who have not passed the procedure of voluntary registration with the FSS as an insured person and have not paid contributions, will not receive maternity benefits either (by default, individuals are exempted from contributions to the FSS).
If an employee is employed under a student or other contract, undergoes a practice or internship, then maternity shall not be paid to her.
Changes in the billing period
When calculating maternity, the income of a woman 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 calculation periods would be 2017 and 2018.
In the case of decree in 2021, the calculation will include 2019 and 2020.
The sick leave is fully compensated to the woman; 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: O.V. Karandashina's employee income 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 the Pencil in 2020 will be:
- (435,000 + 401,000) / (730 - 11 - 6) \u003d 1,172.51 p. (average daily earnings).
The employee was granted a vacation of 140 days and maternity leave amounted to 164,150 rubles.
Minimum and maximum size changes
The government has approved new limits for the calculation of insurance premiums for 2020. Why is this indicator so important from the point of view of accruing children's allowances and maternity? They directly affect the maximum size of maternity and child allowances for children under 1.5 years of age.
Employers pay social insurance contributions of 2.9% of their salaries for their employees. They come to the budget of the Social Insurance Fund, and then are distributed among the workers upon the occurrence of insured events. Such insured events are pregnancy and childbirth. Funds from the Social Insurance Fund are distributed for the payment of sick leave (maternity) and children's allowances.
But contributions to the Social Insurance Fund 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 FSS. When an employee's salary for a year exceeds the limit, then contributions to the Social Insurance Fund cease to accrue.
The limit directly affects the amount paid to employees in the event of an insured event. This is especially true for high-income employees. For the calculation, they take the average employee earnings for the last 2 years, but taking into account the established limit when calculating insurance premiums. That is, no matter what the employee’s salary for the past 2 years, maternity and childcare benefits cannot exceed the maximum amount.
When entering 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 value of maternity leave would be 301,095 p. 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. Maternity leave for 140 days was no more than 301,095.2 p.
With complicated births and leave of 156 days, the maximum maternity in 2020 will amount to 359 013.72 rubles, with multiple pregnancies in 194 days they will pay no more than 446 465.78 rubles.
The limits for assessing contributions for 2020 will amount to 1.68 million rubles. The maximum recorded average daily earnings will be 2,301.37 rubles. The maximum daily earnings of women for calculating maternity allowance is calculated as follows:
- (815,000 + 865,000) / 730 \u003d 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 get paid, but at the same time maternity and allowances cannot pay them.
If a woman goes on maternity leave in 2021, then her maximum maternity leave for 140 days will be 340,328.8 p.
The state sets not only the maximum amount of contributions, but also the minimum amount below which a woman will not receive even at low incomes. This guaranteed minimum maternity size is tied to (federal). The minimum wage for 2020 amounted to 12,130 p. (for comparison: in 2019 - 11,280 p.).
The minimum size of maternity, which pregnant Russians can expect in 2020, will be 55,831 r. (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 in the minimum amount, regardless of the amount of income, as they pay insurance premiums on the basis of minimum wage. The minimum amount is paid to maternity and those women whose work experience was less than six months.
Minimum maternity leave can be issued by a woman who has been working in the organization for less than 2 years and cannot provide data on earnings from her previous place of work.
Children's benefits in 2020
The indexation of all child allowances that are paid from the federal budget, according to the rules, is carried out not from January, but from February 2020. Moreover, benefits, the payment of which depends on the size of the minimum and maximum wages, have been increasing since 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 the antenatal clinic (if the woman was registered before 12 weeks of pregnancy) will be 655.48 rubles in January 2020. In February, it will be indexed to 675.8 p. Indexation is paid annually. It is worth considering that some regions establish additional support measures for early registration: for example, in Tula this allowance exceeds 10 thousand rubles.
The lump-sum allowance at 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 district coefficient, northern and other allowances.
A lump-sum allowance is accrued at the place of work of one of the parents. If one of the parents is working, and the second is not, then only the employed person can apply for payment. If both parents do not work officially or are individual entrepreneurs, then the benefit is paid after applying to the social protection authorities.
Benefits up to 1.5 years
The limiting value for assessing contributions to the FSS and the minimum wage also affect the amount of child benefits for caring for a child up to 1.5 years. Based on these indicators, children's allowances are calculated, more precisely, their threshold and minimum values.
In 2020, the minimum will be 4,852 p. (This is 340 p. more than in 2019 - 4 512 p.). The minimum allowance will be indexed from February 2020. The minimum amount of the allowance for the care of the second and subsequent child up to 1.5 years from February 2020 will be:
- 6 554.89 p. * 1,031 \u003d 6,758.09 p.
The maximum amount of childcare allowance in 2020 will be 27,985 rubles. (1,833 p. more than in 2019, when it was 26,152.24 p.). 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 29,519.56 p.
When taking care of a child, the average earnings for the previous 2 years, taking into account limits, are taken into account. A person who cares for a child receives 40% of the average monthly income. In this case, 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 is known in advance. For its calculation, limits on contributions for the previous two years are determined. When calculating the minimum amount of allowance, 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 p. per month. Her allowance should be estimated at 4,000 rubles, but this is less than the limit, so she will receive 4,852 rubles. per month.
According to the law, a woman who takes care of a child and works part-time may be entitled to a salary and childcare allowance. The allowance is issued only after the end of maternity leave. If the woman did not go on maternity leave, then she can apply for benefits 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 child’s mother, but also the father, grandparents can apply for benefits. The payment is tied to the child: the father and mother are not entitled at the same time to apply for benefits up to 1.5 years for caring for one child.
The benefit also applies to the unemployed and entrepreneurs. They receive it through social protection bodies in the minimum amount guaranteed by the state. The remaining categories of citizens draw up an application for benefits from their employer. To do this, they write a statement in free form requesting a payment. The following shall be attached to this application:
- birth certificate of a child;
- certificate that the second parent did not receive benefits;
- income statement for 2 years from the past employer.
The allowance is assigned within 10 days after applying for a payment. Usually it is transferred on the day the salary is paid.
Payments for child care from 1.5 to 3 years
Until 2020, payments for caring for a child under 3 years were nominal: they amounted to only 50 p. monthly. Many families did not even apply for 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 since 2020, a benefit of 50 p. it was decided to abolish as not meeting current economic realities. Instead, it was decided to introduce an targeted program to support families who really need additional resources for the maintenance of children.
Corresponding amendments were introduced to Federal Law-81 of 1995 “On State Benefits for Citizens with Children”. Payments according to the criterion of need are assumed for persons caring for a child from birth to 3 years (earlier, until 2020, the specified 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 criteria of need, does not have a fixed value. 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 allowance for a child under 3 years old exceeds 11 thousand rubles. per child monthly (value depends on the region).
For example, in a family there are two children 2 and 4 years old, father and mother. Dad gets 35,000 p. per month, mom is not working. The subsistence minimum per child in the region is 11,000 rubles. Income per family member was 8,750 p. (35,000 / 4). This is lower than twice the subsistence level (11,000 * 2), so a mother can receive benefits until the child is 3 years old in the amount of 11,000 rubles.
So, in the Vladimir region twice the cost of living 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, 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 p. and 11 176.2 p., Yamalo-Nenets Autonomous Okrug - 35 414 p. - minimum and 16 700 r. - children's allowance.
The payment of the so-called “Putin benefits” up to 3 years occurs in 2020 under the following conditions:
- Monthly family incomes do not exceed two living wages per able-bodied resident in the region.
- Payment can be issued for the first, second or third child born after 2018.
- In 2020, the living wage of children for the 2nd quarter of 2019 is taken as the basis.
- The payment can be issued to both employed and unemployed parents.
- For the first child, funds are paid to social security agencies, for the second and third children - in the FIU.
- It should be borne in mind that the allowance for the second and subsequent child reduces the amount of maternal capital, since it is paid from these funds. The family may not apply for benefits and keep maternity capital in full.
To draw up the allowance, you must write a statement with a passport, birth certificate of children or a child, documents on family composition (certificate of family composition) and income (certificate from accounting for income for the 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 securities or deposits, etc.
During the verification of the information provided, the total family income for the year is divided into 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 twice the regional minimum, then the allowance is assigned.
The allowance is paid monthly at the details indicated by the applicant.
Payments for child care from 3 to 7 years
In his Address to the Federal Assembly on January 15, 2020, President Vladimir Putin emphasized that starting in January 2020, families with incomes within two living wages will receive monthly payments for their first and second children up to 3 years old. Families with many children also receive benefits in the amount of a living wage per child: this support program is being implemented today in all 75 regions. For example, in the 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 Astrakhan region - 11 256 p., In the Republic of Tatarstan - 9 373 p., In the Tyumen region - 11 632 p.
But after the child reaches the age of three, all established payments cease, and therefore the family can get into a difficult situation with money. To prevent this, the President proposed introducing monthly surcharges for families with children from 3 to 7 years. Moreover, such payments are supposed to be introduced “retroactively”: as early as January 2020.
To pay this allowance, it will be necessary to issue a special certificate in the accounting department about the amount of earnings. Payment will be available to families whose income does not exceed the subsistence level per person. From January 2020, payments will amount to 5,500 rubles. (half the cost of living for children), and since January 2021 - 11 000 p.
The payment will be increased to the full cost of living from 2021, if even taking into account the new allowance in 2020, family incomes were insufficient to become comparable with the cost of living per child per person.
So far, the payment of child allowance up to 7 years has the status of legislative initiative, and details for its practical implementation have not been established.
Only after the publication of the relevant law will it become clear to whom the new payments will be relied and to what extent. It is estimated that an additional 134 billion rubles will be allocated for the payment of benefits to children under 7 years of age.
Other child benefits
From February 2020, maternity benefits will be increased for wives whose husbands are in military service. This payment is made in a fixed amount and is regularly indexed since February. In 2019 and January 2020, it amounted to 27,680.97 rubles, after indexing in February 2020, it will be 28,539.08 rubles.
With adoption from 7 years or several children (the amount is paid for each) paid 137 699.69 p. (133,559.35 * 1.031).
Payout per child soldier (serving on draft) will be after February indexation 12,231.03 p. In January 2020, it will remain at the level of last year - 11,863.27 rubles.
Payout for loss of breadwinner will be 2,459.97 p. (from February 2020, until this date - 2,386 p.).
For a child from the Chernobyl zone up to 1.5 years a solid surcharge was introduced - 3,485.21 p. (3 380.42 p. Until February 2020).
Also, in many regions, other programs are in place to support young families. Often, child allowances 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 p. - for children 3-18 years old, for single mothers - 10,000 p. up to 3 years.
Thus, in 2020, children's benefits will be indexed in several stages: from January and February. The formula for calculating maternity allowances and children's allowances in 2020 remained unchanged, but the calculation periods changed: now women’s income for 2018 and 2019 is taken into account, as well as limits for transferring contributions to the Social Insurance Fund, which were valid for the indicated time periods. It was also revised upward to the minimum wage. As a result, the maximum maternity and childcare benefits have increased, as well as the minimum values \u200b\u200bof these benefits.
The federal system of payments involves the following types of benefits:
- Maternity (maternity benefits).
- For early registration on pregnancy.
- One-time payment at birth.
- Payment for child care up to 1.5 years.
- Payment for caring for a child up to 3 years (it is planned to introduce an additional payment for caring for up to 7 years).
They also distinguish between additional regional payments and payments in favor of certain categories of 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 company where she works, an educational organization or the Social Security Administration.
Maternity allowance
The legal concept of maternity leave does not exist. The legislation provides for maternity leave (M&R) and parental leave for children up to 1.5 and 3 years old.
In aggregate, they are usually called maternity leave, and the allowances due to parents at the time of birth of children - maternity benefits. What are the benefits for going on maternity leave?
At the 30th week of pregnancy, and in some cases earlier, the mother issues maternity leave, or maternity leave. It is drawn up on the basis of.
Another important feature: only the mother who gave birth or adopted the baby less than three months of age can receive this type of financial assistance. He is not allowed to do the pope. But the husband and father can receive other maternity payments. What exactly and how to arrange them, see.
The amount of maternity allowance will depend on the duration of the leave and the size of the salary.
As a rule, there may be several options for the duration of the vacation:
- Standard 140 day vacation.
- 70 days before and 86 days after complicated delivery.
- 84 days and 110 after childbirth - when two or more offspring are born.
Depends on the number of sick days. During the days of vacation, the woman will receive the corresponding monetary accruals - the average earnings in full. To calculate the amount of maternity, a billing period of 2 calendar years preceding the decree is taken.
Knowing the rules of calculation, it is not difficult at all.
The minimum amount of such benefits is 43 thousand 65 rubles. At the same time, the insurance experience of the mother 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 providing a package of documents to the employer on the next day the salary is transferred.
In addition to the BIR allowance, working mothers may receive a lump sum payment.
It is 628.47 rubles. Paid with maternity allowance.
Non-working, these benefits are not allowed as a general rule. The exceptions are:
- Full-time students of higher and secondary special educational institutions.
- Lost work as a result of bankruptcy and liquidation of the company.
- Individual entrepreneurs, as well as notaries and lawyers, deducting insurance premiums to the Social Insurance Fund.
It is worth noting that upon liquidation of the enterprise, all maternity payments due to employees are retained in full.
See more 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, wives of servicemen and full-time students can receive these payments.
The state also provides for maternity benefits of 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 registration of maternity benefits, see.
Putin's payouts
From January 1, 2018, new children's allowances appeared as well. In general terms, the information on them is as follows:
- Families can apply for them, in which the income for each family member does not exceed one and a half times
subsistence minimum established in the region of residence. - Benefits are paid for the first and subsequent children born after January 1, 2018.
- Payment periods are limited by the age of the baby up to one and a half years.
- The amount of financial assistance is equivalent to the regional cost of living.
- Money for the first-born is paid to the FSS, and for the second and subsequent children, parents can use the funds of maternity capital.
The role of the FSS in the transfer of funds
FSS and maternity payments are closely related. As a rule, all types of financial assistance are paid either by the employer or social security authorities on the basis of documents submitted by the applicant.
After that, all the amounts paid are compensated by the organization by the Social Insurance Fund (FSS).
The FSS can be contacted directly by the applicant only in exceptional cases:
- if the applicant's region of residence is included in the pilot FSS direct payments project;
- if the employer refuses the payment.
In the first case, documents confirming the right to payment of 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 lawsuit against the employer, and after a court decision, together with other documents, apply directly to the territorial office of the fund to receive payments.
FSS transfers money within ten calendar days. The monthly payment is transferred to the account from the 1st to the 15th day every month.
Taxes
These rules do not apply to the standard bulletin; it is reflected in income documents.
Monthly deductions received by a guardian for a son or daughter up to one and a half years of age are considered income, are included in the total family income (Federal Law 44 “On the procedure for recording income and calculating the average per capita income of a family and the income of a lonely living citizen to recognize them as poor and provide them with state social assistance”) .
Thus, any woman who has decided to become a mother has the right to receive certain financial support, regardless of whether she officially works or not.
To do this, you need to write a statement and attach medical documents to it, as well as a bank statement.