27.09.2019

Basic rules for payment of maternity benefits and payment of payments. Maternity leave (maternity leave)


Maternity leave pay

For the period of maternity leave and childbirth, women are paid to the same manual. However, not all women can apply for its receipt of payments, but only those included in one of the categories defined by paragraph 9 of the Procedure and the conditions for the appointment of public benefits to citizens who have children approved by the Order of the Ministry of Health and Social Development of December 23, 2009 No. 1012n. According to this norm, the right to receive pregnancy benefits and childbirth have:


The procedure for obtaining maternity benefits

The algorithm for the implementation of payments is generally the same, although there are certain features relating to some categories Women. The procedure for the payment of payments provides 3 stages:

  1. Definition of the payer

    Payer

    Tool source for payments

    Place the work of payout

    Date of appointment of benefits

    Date of receipt of the manual

    Insured women

    Employer speaking by the insured

    Fund social insurance

    Place of work, service

    Dismissed women

    Organ society

    Subventions budgets of the subjects of the Russian Federation from the funds of the federal budget

    Place of residence or stay (via mail or credit institution)

    Up to 10 days from the date of registration of the application and documents

    Up to the 26th of the following after registration of the month of the month

    Full-time students

    Educational institution

    Budget of Russia or Specific Region

    Place of study

    Up to 10 days from the date of registration of the application and documents

    Simultaneously with the appointment of benefits

    Employer

    Federal budget

    Service place

    Up to 10 days from the date of registration of the application and documents

    Simultaneously with the appointment of benefits

  2. Presentation of documents

    Documents submitted by the payer to receive benefits

    Insured women

    • disability sheet (external part-time-working additional compliant represents certificates from other policyholders about the amount of earnings and that the benefits of benefits are not produced);
    • statement

    Dismissed women

    • disability sheet;
    • statement;
    • extract from the employment record about the last place of work certified by the latest employer or notary;
    • help from the employment employment service;
    • in some cases, the solution of the territorial department of the Federal Tax Service Federal District of the Termination of the activities of the IP, licensed or state registered activities

    Full-time students

    • statement

    Women's military personnel and employees of other protective structures

    • certificate of medical organization;
    • statement

    Civilian staff of military formations that deployed abroad

    • certificate of medical organization;
    • statement
  3. Getting a benefit

    Payment of benefits is made at the same time, that is, the entire amount is issued at once.

    Payments for maternity leave and childbirth

    The magnitude of maternity benefits depends on the category of the recipient.

    Guidelines for insured women

    In accordance with Part 1 of Article 11 of the Law No. 255-FZ, the insured women pays allowance in the amount of complete average earnings. Middle earnings It is calculated as a private amount of income for 2 calendar years before vacation and quantity calendar days In 2 years (730/731), multiplied by the number of days of pregnancy and childbirth days. If the final amount of the month's benefit is less than 1 minimum wage, it is increased to the magnitude of the minimum wagon.

    IMPORTANT! From the number of calendar days in the 2nd period, it is excluded:

    • disability periods confirmed by hospital sheets;
    • childcare leave and pregnancy and childbirth;
    • periods during which the employee did not work (including with full or partial salary preservation, if the saved part of the salary at that time was not charged insurance contributions).

    If the experience of an employee is less than half a year, the amount of the benefit, by virtue of Part 3 of Art. 11 of Law No. 255-ФЗ, limited to the size of 1 minimum wage for each actually spent month.

    Allowance for dismissed women

    In this case, the manual is paid at the last job in the relevant amount, if no more than a month has passed since the dismissal and the cause of dismissal was one of the following circumstances:

    • moving together with her husband to the place of his new work;
    • moving to the place of residence of her husband;
    • the disease in which the accommodation and work in the previous locality became impossible;
    • the obligation to carry out the care of disabled person I or disabled family member.

    Dismissed women in other cases the benefit is paid in fixed amountcomponent, according to Art. 8 of the Law "On State Guidelines to Citizens Having Children" from 19.05.1995 No. 81-FZ, 300 rubles. (Amount annually indexed).

    Manual Students

    For girls, students in full-time, the amount of benefits is equal to the size of their scholarships. FSS in a letter "Issues of payment of benefits to educational women" dated 09.08.2010 № 02-02-01 / 08-3930 explained that it does not matter, on what form of learning - contractual or budget - is learning pregnant.

    Manual servicemen

    Contracting servicemen allowance is paid on the basis of their sum money allowance. At the same time, the size is calculated in the same way as for the insured women.

    Important: Receive wages simultaneously with the manual considered in the article, it is impossible. While the employee for a period allowing to go on maternity leave, continues to work and receive payment for labor, it is deprived of the right to allowance. The assumption of the manual begins only from the date of care of pregnant on vacation. This provision follows from Art. 255 TK RF and confirmed judicial practice (for example, by the decision of the Armed Forces of the Russian Federation of 14.11.2012 No. AKPI 12-1204).

    Payment period for maternity benefits, recovery time when you pass

    A woman who has the right to maternity benefits can refer to the payer with a statement about paying for six months after the release of the eponymous release, which is indicated in Art. 12 of Law No. 255-FZ. It is important to know that in the case of passing established period There is an opportunity to receive benefits. Thus, the "list of valid reasons for passing the term of appeal to the manual for temporary disability, for pregnancy and childbirth, a monthly benefit on child care, approved by the order of the Ministry of Health and Social Development of January 31, 2007 No. 74, established open list grounds for recovering the duration of the appeal.

    Such grounds are recognized:


    Thus, maternity benefits can be appointed both working, employees or students, and dismissed. At the same time, it is inextricably linked with maternity leave. Payers and the amount of benefits are determined by the category to which the recipient belongs. For the benefit, they turn over vacation or until the expiration of 6 months from the cessation of leave, if there is no valid reason.

If you decide to make a child, you need to prepare for this point in advance and find out what payments you are put on the law. This article will consider in detail the question of how maternity leave is paid.

Types of children's payments

Cash accrual is made to all employees, regardless of whether a woman works or not. The difference consists only that the decree will be paid at the place of work, and officially unemployed - in its territorial body of social protection of the population.

Exists different types benefits relating to the prenatal and postpartum period.

Maternity benefit

This one-time type of enumerations compensates for the employee salary during the stay on the decree. A maternity leave is paid at the expense of the reserve funds of the social insurance fund and is provided not later than 6 months from the date of completion of maternity leave. Individual entrepreneurs can also receive payments if a contract of voluntary social insurance in the FSS will enter into an agreement.

The employer can accrue payments with the thirtieth week of pregnancy, if pregnancy multiple (2 or more kids) - from 28 weeks. The lady in the position from the specified time must be obtained in its female consultation a leaflet of temporary disability, which must be attributed to its workplace. This important document will secure employee right to receive payment of 100 percent of the average wages. Within 10 days, accounting should calculate the amount of payment and transfer it to the day of the nearest issuance of wages.

This paid vacation pregnant gets completely, regardless of the actual number of days used before childbirth. This means that if before the birth was used 20 days less, then after delivery, the same number of days decree is extended.

Mom-part-book can receive payments for each job, submitting relevant documents.

Duration of days of vacation

An important point is that after a sheet of disability was issued, but the girl continues to work, payments are lost. This is due to the fact that the accrual is an insurance risk of loss of earnings in case of temporary disability. If the work continues, the salary will continue to be paid, it means there is no insured case.

Size of a single payment during pregnancy

It is important and you need to know how to pay a maternity leave. Currently, it is calculated based on the size of earnings for the previous 2 years and the total number of days of work.

When counting days, there are no days of occupational diseases, previous maternity leave for children, the days of liberation from working responsibilities. But if there were days with holidays at their own expense, they are included in the counting. Please note that if the working woman was in maternity leave, it can replace the days when calculating the years before the first decree, writing an appropriate statement.

In the calculation of earnings include any payments to a woman with which insurance premiums were paid. Payments that have not been taxed contributions are not included in the period.

Formula for calculating the value of the maternity benefit.

Average salary per day (earnings for 2 years: calendar days of actual work) x holiday days.

The size of the total earnings for 1 year should not be higher than the limit value of the base for accrual of contributions. In 2013, this amount is 568,000 rubles, in 2012 - 512,000 rubles and in 2011 - 463,000 rubles. If the calculated sum of over maximal indicators is based on the limit indicator.

If pregnant works on self-employment as individual entrepreneurShe produces FSS payments in the case of payment of insurance premiums for at least 6 months.

Let's show how to pay decal payments Before childbirth on a specific example.

Kulikova employee goes on vacation for 140 calendar days from 01.02.2013. Both previous years Kulikova did not take a vacation, so the total number of its working days is 730.

Salary for 2011 - 450,000 rubles, for 2012 - 570,000 rubles. Insofar as limit base For 2012 amounted to 512,000 rubles, we calculate it as a basis.

Payment amount: 1 317.81 x 140 \u003d 184 493.40 rubles.

One-time payment for staging in early terms of pregnancy

This manual can get ladies that have staging in medical institutions At the place of their residence in the first 12 weeks of pregnancy inclusive. Payment is made once and is only 490.79 rubles.

To obtain accruals, a woman must submit a certificate from the female consultation in its accounting, testifying to the formulation of it. The amount is listed along with charges for pregnancy and childbirth, if a female person also presents the documents necessary to obtain a decree payout.

With a late provision of the above-mentioned reference, the employee will receive money within 10 days from the date of its provision in place of work.

The manual is paid at the expense of the social insurance fund, so if a pregnant woman is an individual entrepreneur, paying insurance premiums for itself in the FSS, it can also get this payment.

Baby allowance

This payment is of a one-time character and is paid for each born or adopted under the age of three months.

The accrual is 13,087.61 rubles and does not depend on the material state of the parents, nor from the order of birth of the children. At the birth of two or more children, it is paid for each.

Who will pay the payment - mother or father, does not matter. Monetary sum It can even get a guardian of the child, for this he needs to submit a document on the establishment of guardianship. When adopting two and more young, payment is also made for each.

You can get money at the place of work, the place of passage (inconsistencies) of the service or study of one of the parents, presenting a certificate from the authorities to record acts of civil status on the birth of a baby in the family and writing a statement about the payment. Cash Listed within 10 days.

If both family members work, then it is necessary to bring a certificate from the place of work that this payment has not been produced.

Let's see how maternity leave pay, if the parents of the child are engaged in entrepreneurship. In this case, the parent can get a disposable manual at the birth of his child in the FSS executive body, subject to payment of insurance premiums. He also must bring a certificate that the second half of this money did not receive.

How to be when in the family one officially does not work anywhere, and the second is an entrepreneur, but does not pay voluntary insurance premiums for the FSS? Then the payment is transferred to the body of the social protection of the population at the place of residence at the expense of FSS funds.

Monthly childcare allowance up to 1.5 years

Let us turn to the question of how maternity leave are paid when child care.

Despite the fact that care comment itself can be taken up to 3 years, these payments are made monthly only before the banner of the baby and a half years. As a rule, maternity leave is granted the day after the end of the hospital for pregnancy and childbirth.

Enumerations can receive any family members parents (father of Child, Grandma, Grandpa), if she herself went to work. Payments will be made, even if the mother will work on an incomplete working day or under home work. These money is also paid at the expense of social funds.

If a woman does not work and receives an unemployment benefit, called above the type of benefit to her payment is not laid.

Also, a mother can choose one of the types of enumerations (for pregnancy or care), which it will receive if it becomes pregnant in the maternity period.

The amount of payments is 40 percent of the average earnings for the previous two years before the decree. It should be taken into account that minimum size It is 2,453.93 rubles for the care of the 1st child, as well as 4,907.85 rubles for the second and subsequent kids. The maximum amount of payments for 2013 is 16,211.14 rubles.

Therefore, the working mother will receive accruals of 40% at the place of work (service), and the non-working mother will receive minimal payments at the place of study or in the Department of Assistance or social payments of his area.

Estimated period Exactly the same as when calculating pregnancy payments is the total number of calendar days minus not taken into account.

The formula for counting is the following.

Middle earnings per day (earnings for 2 years: calendar days of actual work) x 30.4 days (this is an indicator of the average monthly number of calendar days) x 40%

Consider on a specific example.

Kulikova wrote an application for a newborn care vacation. The estimated period for 2 years is 730 days.

Salary for 2011 - 450,000 rubles, for 2012 - 570,000 rubles. As we remember from the example above, the income above the limit value cannot be calculated, so for 2012 it takes the maximum amount - 512,000 rubles.

Salary for two years: 450 000 + 512 000 \u003d 962 000 rubles.

Middle day earnings: 962 000: 730 \u003d 1 317.81 rubles.

Monthly Child Care Enumerations:

1 317.81 x 30.4 x 40% \u003d 16,024,57 rubles.

Compensation payments for women on babies care vacation

A small financial reward for women who will be on vacation until the baby is achieved for 3 years, is 50 rubles per month and paid from the place of work monthly.

This payment can receive any relative of the mother-born mother, who has arranged maternity leave, if a mother after a while after giving birth came out again.

Such financial resources paid already due to own funds The firms in which the application will be submitted with a request to translate accruals.

Pregnancy is always waiting for happiness. And even bringing a lot of joy shopping - behind booties, toys, a crib, etc. And the purchase of things for the baby in our time is a special line of spending in the marital budget (you need a lot of money). Therefore, serious help for many mothers becomes help from the state. Namely - maternity payments.

Who next year they laid, and how much will they give?

Conditions for the restraint - Calculation of days of maternity leave

According to the law, there are 2 options for calculating the maternity "rest":

  1. With one-bed pregnancy, you can go on vacation at least 70 days before childbirth and another 70 days "relax" immediately after delivery.
  2. With multiple leave, you can go 84 days before delivery, and stay at home after childbirth - for 110 days.
  3. When living a future mother in the territories recognized as environmentally unfavorable, vacation will be 160 days.
  4. Also on vacation can be flashed (and later paid for!) Another 16 days, if the childbirth passed hard and difficult.

Moreover, the position behind the mother Employer is obliged to save. As for the experience - it is not interrupted even if the mother goes on vacation to care for Chad for 1-3 years. The benefit for the entire period of vacation, the woman provides an employer - a one-time monthly. All rights and obligations of future mothers when leaving for maternity leave

Important: Decal payments rely on a future mother only in case of its official design at work!

When to go on a maternity leave - specific deadlines

Terms depend on the situation. As a rule, the future mother goes on vacation ...

  1. At 30 weeks - with ordinary pregnancy.
  2. At 28 weeks - with multiple.
  3. In 27 weeks - for accommodation in the area, which is recognized as environmentally unfavorable.

This value is very conditional and can change according to the situation.

Important:

The date of leave cannot be changed due to premature childbirth or, on the contrary, raised. That is, childbirth, for example, 2-4 weeks earlier do not give the right to shorten the woman put her vacation.

Stages of decoration of maternity leave - Documents, application and order

In the absence of status officially employed, the future mother, it is not particularly necessary to count on maternity payments - they will not be.

Of course, individual private entrepreneurs can encourage their employees with payments, but this is a rare case - and, usually, meager sums.

In the obligatory procedure, payments will be carried out (by law!) Only in the event that if mom worked on labor book (under contract) In a specific period.

How to decorate maternity leave?

According to Article 255 of the TC, maternity leave is provided on the basis of a specific document - hospital sheetwhich is issued in the meditance / institution as when it receives the same leaf on illness.

Documents are practically identical - except that the sick leave for the future mother ...

  1. Allows you to take a long vacation.
  2. Issued for a longer period of time.
  3. It is drawn up immediately for the entire period.
  4. It is drawn up in women's consultation.

What papers will be needed for vacation clearance?

  1. Filled medical worker (In women's consultation, where mother is observed) a disability leaf.
  2. Help from the same honey / institution.
  3. Help from the work of the spouse (if available) for additional holidays (namely, the care of the baby). This document is a confirmation that the maternity leave is no longer used by the spouse (it happens that after the birth of the baby on the decree it is dad, and my mother goes to work). And also the birth certificate of crumbs. These 2 documents should be brought to the personnel department at the moment when you are going to make extra vacation. That is, after the decree of maternity leave.
  4. The personally written statement, which is provided to the authorities (approx. - indicating the term and causes of vacation).

What do you need to remember?

  1. In addition to the vacation application, in the personnel department should immediately write a statement for payments.
  2. Terms of employment contract remain unchanged, no matter when the baby was born.
  3. Regarding the 2nd holiday part (approx. - for child care) is recommended for a week after returning from the maternity hospital. The earlier the better!
  4. If you do not want on vacation, and dad agrees to replace you - you have such a right. By law, the leave may take both dad.
  5. If you are on maternity leave, then you do not have rights to dismiss you. And no one has a salary to reduce the salary.
  6. Management is obliged by law instantly free you from abrasions, sudden subbooters and overtime (night, heavy, etc.), barely learned about your pregnancy.
  7. Important! If the term of your contract "unexpectedly" ended at the moment when you were already pregnant, the bosses are obliged to extend this period for the entire period of maternity leave (that is, not before the birth of crumbs, but for all of the first 140 or 194 days).
  8. If before the 30th week is still far away, and it's hard to work on vacation, then you have the right to take paid leave before the onset of the decret (from the 30th week). No one is wrong to refuse you. Even if you have worked less than 6 months.

Replacing periods for calculating the benefit - it is important to know!

About this statement is not all future mothers know.

Pregnancy benefits are usually calculated on the basis of all obtained 2 years before the decree of income.

But it happens that the woman becomes a future mother again, hardly time to give birth to the baby. Or barely jumping to work after the 1st Decree, she already reports its plans - to take a maternity leave again. It is for such cases that the legislator provides a replacement period for the calculation of the manual (approx. - p.1.st.14 FZ-№255 dated December 29, 2006, on mandatory social / insurance due to motherhood).

I.eIf there is a future mother for 2 years (which are taken to calculate the manual) already had the happiness to go on vacation to care for the tea or on decret, but 2 years data can be replaced by earlier, assuming full income.

This replacement is carried out exclusively. at the personal request of the future mother, decorated in writing and in arbitrary form ("I ask to replace 1 (2) years to calculate the benefits of earlier years").

It's important to know!

  1. This statement must be given to the leadership simultaneously with a decree on maternity leave and a hospital list.
  2. If statements are not, waiting for the replacement of periods there is no point in your hands! Remember that in the absence of a statement, you will consider the existing income.
  3. The action of the law on the replacement of periods does not stop even if you "hooked" decree (or leave to care for the baby) only 1 day of the previous 2 years required for calculations.

All payments on maternity leave in 2019 - how to calculate decrets?

Starting from next year, such as accrual - and, directly, the calculation of the benefits will be carried out without any changes.

However, some moments should be taken into account.

Decal payments in 2019 are relying mothers who ...

  1. Officially worked at the time of release on the decree.
  2. Were registered as an IP (since 2019). At the same time, the amount of benefits will depend on the specific amount that Mom listed into the SOC / insurance department.
  3. Work was deprived, but they managed to register in their employment center even before reaching the decret. Accordingly, for monthly payments in this case it follows to the SOC / protection department.
  4. Passed studies at the hospital (independently on a contract or budget basis). Here the allowance will depend on scholarships. You follow in the dean.

It's important to know:

  1. The amount of payments will depend on the salary of the future mother, obtained by it during the 2 preceding the onset of the decree of the years.
  2. Work immediately in several organizations (Compact) allows mom to receive compensation in each of them. A certificate of pregnancy, respectively, is served in the personnel department of each organization. Refuse not have the right!

Payout size - what to count on?

Special changes in the amount of payments, unfortunately not.
Maximum payments:

  1. For 140 days of vacation - 34 520 p.
  2. For 156 days of vacation - 36,4650 r.
  3. For 184 days of vacation - 47,835 r.
  4. One-time allowance after birth - 16 350 p., Regardless of the size of the salary.
  5. Payments for the care of the baby up to 1.5 years on average - 3,065 rubles for the 1st kid, 6,131 rubles for the 2nd and subsequent. Depends on the amount of payments "to care" from the salary and leaves 40% of the average / earnings.

On a note:

  1. "Planck" payments may vary in accordance with the term and duration of the vacation.
  2. When salary is lower than the average level, which is established by the state, the amount in the calculations will take the one that is equal to the minimum wage (average minimum wage - 11 280 p for the 2019th, but each region has its own Mrots!).
  3. With 2-3 work, payments should be carried out immediately in 2-3 organizations.

How to calculate the amount of payments?

Pregnancy and motherhood - wonderful and exciting time in the life of a woman. The young mother is waiting for mass of impressions and experiences, very disappointing when they are complemented by problems from work. Going on vacation, a woman is devoting to concerns about a newborn, while its financial position should be stable and worthy. In our country, it has long been decided who pays for maternity leave - a state or employer, and if the employee and the employer act within the law, the future mother has certain social and financial guarantees.

What is decret

Decree in our country is a fairly well-known concept, although in no legal entity or in accounting practice It does not occur. Maternity leave and childcare leave up to one and a half (or three years old) in the spaciousness combined in one word - decret.

In our country is provided financial support Pregnant women and young mothers. Of course, the future mother does not worry the question of who pays for maternity leave is a state or employer, it is important for it to not stay without money in such a difficult period.

Documents for maternity leave

The more visible the tummy of the future mother, the more it is interested in how to pay a maternity leave, what is his deadlines and how to get it. Documents for the accrual of benefits and legitimate in the workplace are submitted to the accounting department or the personnel department in several stages.

Before childbirth, a pregnant employee must be provided:

  1. Sick leave. This document is a future feminine in women's consultation. In it, the doctor indicates the estimated deadlines and other important information.
  2. Officially, an employee writes a statement that it will be absent in the workplace for known reasons.
  3. It is also necessary to write an application for pregnancy benefits and childbirth.
  4. Convey a certificate of registration on early timing pregnancy. She is also issued in women's consultation.

Having received documents, the employer is preparing an order to enter the decree of the workers. After childbirth, a young mother will have to turn to the employer with another package of documents. A woman preparing to change the working routine for care for a child, you need to know how to pay the maternity hospital, and remember the timely submission of documents to financial difficulties did not become a reason for excitement.

After childbirth, it is necessary to transfer:

  1. A copy of the birth certificate (present the original for comparison) of the child.
  2. Application for the payment of benefits and granting paid leave up to one and a half years. If in the future the employee wishes to extend the vacation until the age of three, she will have to write a new statement.
  3. Help with the place of work of the Father that he did not receive any payments.

Decree terms, or time to prepare for childbirth and toddler care

After signing the leader of the order, a pregnant employee can be separated from affairs and fully devote himself to preparing for a meeting with the baby.

The state has been established as a paid maternity leave lasts. This period varies in the case of complex flow or multiple pregnancy. All these nuances are reflected by the doctor in a hospital sheet. It is a basis for an employee to go on vacation not at the thirtieth week of pregnancy (as it should be in normal well-being and one-bed pregnancy), but on the 28th. Of course, if a permanent doctor's supervision is needed, a woman is better preferred to the hospital ward to work.

So how many days you pay for maternity leave:

  1. If pregnancy and childbirth proceed without complications, the payment will be made in 140 days (70 days before a significant for a woman of the day and 70 - after).
  2. If the childbirth was recognized as difficult, the woman was 86 days after childbirth.
  3. When several kids are expected, mom is available 84 days before delivery and 110 - after.

Pregnancy benefits and childbirth is paid at a time for all 140 days. Paid decree 100% of the amount average monthly salary employees (at the same time magnival earnings Not more than 1335.62 rubles.). Also, a woman has an annual paid vacation. She can walk it before going to the decret or extend their maternity leave.

Mom can sit at home with a child for three years or go out at any time.

How to receive benefits up to one and a half years

The last salary has long been Istracted, the first one-time allowance is obtained, what other payments to wait from the employer?

First, my mother is important to know how much you pay for maternity leave. Secondly, it is interested in the amount and terms of payments.

Care vacation for a child will be paid for a woman monthly for one and a half years.

To take care of how the maternity leave is paid, a happy mom is not needed, but to expand the horizons and getting the opportunity to count your expenses, women wish to understand this issue.

Please note that the young mother must provide in advance to the employer documents that were named above.

Before reaching the child of one and a half years, the employer must pay a 40% employee monthly from her average monthly earnings. Salary is taken for the calculation for the year preceding pregnancy.

Return to labor rows. When it is possible to go to work

Unfortunately, not all moms have the opportunity to sit at home and do their favorite chad. Increasingly, mom has to choose between baby and stable earnings.

The term of paid maternity leave is set up to 1.5 years, and it is impossible to extend it. But a woman can extend the stay at home at his own expense. Workplace The mortgage is fixed until its child has achieved a child of three years. It should be noted that in the work experience, these second a year and a half are not included.

A woman can go to work at any time without waiting for maternity leave. But at the same time, if the work out of work is carried out before reaching the kid of one and a half years, the employee will lose the payments that are provided at this time. In other words, a woman can receive only one thing: salary or benefit.

How much do maternity leave pay, we found out, let's deal with who has the right to take advantage of this holiday.

Maternity leave for moms only?!

According to russian legislation On vacation for child care, any relative, who actually cares for the kid can go. If my mother is forced to go to work, she can leave the child with her father, grandfather or grandmother at the same time their jobs will be saved.

It is necessary to provide the place of work "Deputy" Mom:

  1. A copy of the birth certificate.
  2. Help from the place of work Mom that she returned for a full time.
  3. Statement.
  4. Certificate of full benefits.

It is important to note that young mother's parents or parents of her husband can attract to the decret only if their age has not yet reached the pension.

How to be an employer employee in the "interesting situation"

Everyone says that in our country it is impossible to settle, being pregnant, and employers "do not like" employees going to the decree. Let's look at this question with the eyes of the employer.

First, pregnant women have guarantees and protection of the state. They cannot be dismissed, refuse to accept work due to pregnancy, they may require special conditions Labor and for them keeps the workplace.

Secondly, the employer spends time and suffers losses, taking a new employee. He teaches her, waiting for the one in all the subtleties of production, and over time, the employee leaves him, and he needs to find a temporary replacement and start it all newly with new employees. One day the time will come, and it will be necessary to solve the question with the decontriance, return it, again give time to dedication to current affairs or dismiss.

Thirdly, submission of documents and financial calculations with FSS and employee. If the state is small and only one accountant is provided, working with each decree it is significantly added. Although everything is not so difficult in the theory.

Taking into account the above, it can be assumed that employers do not like not maternity leaves, but additional concerns that they entail. Well, if the employer is an adequate person and will be like a subordinate person. A competent employer always takes care of himself and its subordinates. He takes timely and accurately required documents, Compliance with the legislation and accepts a new employee to the post of future mother in advance so that it is she who taught him everything that can and does in the enterprise.

And yet, who pays for maternity leave - a state or employer?

Pregnancy, the birth of a child and baby care belongs to the insurance case, therefore the state pays these expenses. It happens as follows:

  • the employer makes any timely deductions from the earnings of the employee to the FSS Foundation, from the first salary she received at the enterprise and throughout the entire period of work;
  • after the employee brought the necessary documents, the employer makes the calculation and delivers information to the FSS;
  • FSS lists the necessary amount of payments to the employer account;
  • the employer lists or displays the completed amount of the employee.

If the employer cannot pay the necessary amount in a timely manner, referring to the fact that the funds did not receive from the FSS, the employee may contact the labor inspection or the procurator. Even if the FSS delays payments, the employer must pay a worker from his own funds, and then compensate for their receipts.

Does working women can count on maternity benefits?!

We found out who pays for maternity leave - a state or employer, what time-paid decree and what amounts can be calculated. It remains to deal with the categories of women who are allowed.

In fact, here, too, everything is simple, the benefits will receive pregnant women:

  • officially employed, including IP;
  • full-time student learning
  • warmland.

With an increase in the period of pregnancy, your tummy increases. Literally every day you get harder to squeeze into public transport Or stand in automotive traffic jams, trying to get to work.

And the matter here is not only in the changed dimensions, for a certain period of pregnancy in the body of the future mother, cardinal changes occur, as a result of which fatigue increases at times. Although this is a purely individual process, most of the pregnant women occur after the 20th week of pregnancy. And then, despite all your desire to work, you involuntarily wonder when your long-awaited maternity leave begins?

When to leave for pregnancy and childbirth?

In accordance with Labor Code Russian Federation (Article 255) To go on maternity leave and childbirth, you can, starting with the 30th week of pregnancy. If you are waiting for twins, triples, etc., you can make a vacation on pregnancy and childbirth 2 weeks earlier, that is, from the 28th week of pregnancy.

Pregnancy and childbirth is available 70 days before delivery and 70 days after delivery in the case of unionless pregnancy and uncomplicated childbirth. If you expect two or more kids, then you already have holidays 86 days before delivery and 110 days after childbirth (at the birth of two or more children). If the childbirth passed with (for example, you did), then your maternity leave will increase by another 16 days, so after delivery you will be resting 86 days.

It is clear that earlier than the 30th week of pregnancy (or 28th week with multiple pregnancy) to go on vacation will not work. Doesn't it make sense later? The fact is that pregnancy vacation and childbirth is provided under the total principle, that is, regardless of what time your baby will appear on the light of pregnancy, your maternity leave will last 140, 156 or 194 days, respectively. Therefore, in some cases, a future mother is more profitable from a financial point of view to leave for pregnancy and childbirth later provided by the legislation of the term. Some selfless future mothers work up to the birth, while receiving their usual wages, and then they have 140 (156 or 194) days of paid maternity leave. Deciding on when leaving for pregnancy and childbirth should be proceeding primarily from his well-being. If it allows, then boldly dare and replenish the family treasury. If the pregnancy proceeds with complications, it is better to go on vacation in the deadlines established by the legislation, so as not to harm the baby's health.

How is maternity leave paid?

Payment for maternity leave and childbirth is made from the funds of the Social Insurance Fund. Pregnancy benefits are provided on the basis of a hospital sheet (disability) at work. For 2018. maximum size Benefits for pregnancy and childbirth in uncomplicated flow is 60534 rubles per month (57040 rubles - in 2017, 53887 rubles - in 2016, 49639 rubles - in 2015, 44975 rubles - in 2014, 36563 rubles - in 2012, 34564 Ruble - in 2011, 35246 - in 2010).

We will analyze in more detail what factors affect the amount of payments.

Standard calculation

Since 2011, the amount of benefits is calculated on the basis of your average earnings for previous two calendar years (previously taken into account only the last 12 months). The size monthly benefit Pregnancy and childbirth is considered by the formula:

Total income for the 2 preceding calendar years / 730 * 30.4

Attention! There are restrictions on the maximum accurate income size: no more than 755,000 rubles for 2017 and no more than 718,000 rubles for 2016 (no more than 670000 rubles for 2015, 624,000 rubles for 2014, 568,000 rubles for 2013).

So, in the case of uncomplicated labor size maximum benefits For pregnancy and childbirth (for 140 days) in 2018 will be about 282493 rubles.

Low salary

If at that time, which is taken as the basis for calculating maternity benefits, monthly income Future mom was less subsistence minimum Or was absent at all (for example, she was on child care leave), then a minimum wage is used to calculate the size of the benefit (from January 1, 2018 is 9489 rubles). Thus, the minimum amount of pregnancy and childbirth in 2018 is 43675 rubles.

Replacement of annuals

It is important to know that a woman has the right to replace one or both years used to calculate if at that time it was on maternity leave or child care, provided that these actions will lead to an increase in the size of the benefit. That is, if you were on maternity leave or cared for the baby at least one day that year, which participates in the calculation, you get the opportunity to replace it on any other.

Experience less than 6 months

Those whose overall work experience at the time of care to decree will be less than 6 months, the allowance will be paid in the amount not exceeding the minimum wage. In this case, the decret size for a month is calculated from the following formula:

Mroth (in a concrete month) / number of calendar days (this month) * number of days in the decree (this month)

Who is pregnant and childbirth?

The right to receive pregnancy benefits and childbirth have:

  • women working on labor contracts;
  • women dismissed due to the liquidation of the organization, if no more than 12 months passed after that;
  • women dismissed from work no more than a month before maternity leave occurs;
  • women on maternity leave until they reach 1.5 years. In this case, it will be necessary to choose which of the benefits you want to get: on pregnancy and childbirth or child care.

Calculator

Calculation of decrets
Year №1 2010 2011 2012 2013 2014 2015
Amount of income for this year
Excluded days for this year
Year 2. 2011 2012 2013 2014 2015 2016
Amount of income for this year
Excluded days for this year (hospital, maternity leave, child care, the periodization period from working with salary, if the insurance premiums were not charged)
District coefficient
Complicated childbirth
Multiple pregnancy

Svetlana Muzychenko specifically for www.site.
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Comments

Kinderok PND, 02/15/2010 - 22:12

It is not entirely clear what payments are about. If you mean payouts up to 1.5 years, then look at the article, the amount of benefits for the unemployed is 2060 rubles, if your friend is also a single mother, or income in her family is less than the subsistence minimum, then it receives extra Supplements, hence the amount in 2800. You also have a manual accompanied absolutely - 40% of the average earnings.

Kinderok Fri, 07/05/2010 - 20:17

Olesya, in this situation you need to act as well as the rest of the employees who remain without salary, because officially you are not considered unemployed.

Kinderok Sat, 22/05/2010 - 11:44

Ksenia, maternity allowance is calculated based on your average earnings in the last 12 months.

Kinderok Fri, 20/08/2010 - 23:41

Lily, yes, do insurance deductions In FSS you need at least 6 months before the occurrence of an insured event, you just laid within these terms.

KinderOK Sat, 28/08/2010 - 21:42

Guest, maternity benefit and childbirth should be paid at the place of work, i.e. in Moscow.

Kinderok Sun, 19/09/2010 - 22:57

Tatiana, you can, if you have not walked off vacation for this year. For example, if you came to work in September, let's say, 2009, in July-August 2010, you fell down your vacation for the period from September 2009 to August 2010, in this case you can attach your vacation for the period from September 2010 to August 2011 to maternity leave, which will begin on January 1, 2011.

Kinderok Fri, 24/09/2010 - 22:10

Natalia, your maternity benefit will be 100% of your average earnings. And about the birthday payments at the birth of a child can be read in articles ,.

Kinderok PND, 27/09/2010 - 20:05

Svetlana, of course, and maternal capitalAnd the child care allowance is also laid. If you fell on the labor exchange, you can choose which of the benefits to receive: for unemployment or child care.

Kinderok Fri, 10/15/2010 - 20:33

Olga, the size of maternity benefits and childbirth is calculated on the basis of your average earnings in the last 12 months. Those. Your income for the previous year is summed up and divided by 12, the value you will receive and will receive.

Kinderok Sat, 16/10/2010 - 01:36

Maria, maternity benefit and childbirth, but only you will need to leave leave for child care and go on maternity leave, child care allowance for you also from the company. It turns out that the time of your stay on the decret is not taken into account and accruals are made, based on your earnings before the first decree.

Kinderok Sat, 30/10/2010 - 21:19

Ella, you can call FSS, but most likely, there you will be offered to contact the prosecutor's office.

Kinderok Fri, 05/11/2010 - 01:22

Sergey, the certificate is required from the place of work, because You are an IP, then, apparently, you can write yourself such a certificate for yourself. If this option is not suitable, then you need to handle in the FSS, and how much they will make this certificate, I can not say.

Kinderok Sun, 14/11/2010 - 01:40

Alia, maternity allowance is paid at the place of work, since you are working unofficially, then you are unlikely to pay. But in any case, you will receive a one-time allowance at the birth of a child, and you can also arrange a child care allowance (2060 rubles per month).

Kinderok Sun, 14/11/2010 - 01:43

Irina, all these benefits are calculated, based on your salary before the first decree, because between the decrees you did not go to work. Only for this you need to write a statement that you leave from the childcare leave and go on pregnancy and childbirth.

Kinderok PND, 02/22/2010 - 11:20

Ksyusha, as far as I understand, at the time of care to the decree your insurance experience will be more than 6 months, it means that everything is calculated as usual. The maternity allowance is 100% of your wages, and the child care allowance is 40%, but not more than 13833 (this is 2010, in 2011, perhaps this amount will increase).

Kinderok Sun, 088/28/2010 - 20:31

Lena, maternity allowance should be paid to each employer, as well as FSS, if you pay voluntary insurance premiums as IP.

Kinderok PND, 06/12/2010 - 01:35

Olesya, the text of this law is nowhere nowhere, but I also heard about this innovation. I will not tell you exactly, but I can assume the following: since the law comes into force January 1, 2011, it means that it extends to insurance casesThe coming from January 1, 2011, if your sick leave be on December 31, then he should not fall under this law.

Kinderok Sun, 12/12/2010 - 00:21

Lily M., no, she really can only count on the minimum benefit size, because It was dismissed at the end of the urgent contract and the childcare leave did not have time to issue.


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