28.10.2020

A brief description of the FZ 255. Act on temporary disability, pregnancy and childbirth - Russian newspaper. Subjects of compulsory social insurance in case


Federal Law No. 255-FZ dated December 29, 2006 regulates the conditions and procedure for payments for temporary disability ( hospital sheet), as well as payments at the birth of a child. New edition 255-FZ approved on December 27, 2018 and entered into force on January 8, 2019.

Article 14 of the Law describes the procedure for calculating allowances for temporary disability, maternity and child care. According to statistics 14, Article 255-FZ enjoys the greatest popularity, so it was published at the end of this article. Full version The law you can download below.

We invite you to familiarize yourself with the review information on payments that regulates the Federal Law No. 255-FZ, namely:

  • Maternity benefit (decreh payments) + calculator;

Article 14. The procedure for calculating temporary disability benefits, for pregnancy and childbirth, monthly child care benefits

(as amended. Federal Law from 24.07.2009 N 213-FZ)

1. Temporary disability benefits, pregnancy and childbirth, a monthly care allowance for child care is calculated on the basis of the average earnings of the insured person calculated in two calendar years preceding the onset of temporary disability, maternity leave, child care leave, Including during the work (service, other activities) in another insured (other policyholders). Middle earnings during operation (service, other activities) in another insured (other policyholders) are not taken into account in cases if, in accordance with Part 2 of Article 13 of this Federal Law, temporary disability benefits, pregnancy and childbirth are appointed and paid to the insured person in all Places of work (service, other activities) based on the average earnings during the work (service, other activities) at the insured, prescribing and paying benefits. In the event that in two calendar years, directly preceding the onset of the indicated insurance cases, or in one of these years, the insured person was on maternity leave and (or) on maternity leave, relevant calendar years (calendar year) According to the insured person, it may be replaced in order to calculate the average earnings of previous calendar years (calendar year), provided that it will lead to an increase in the amount of the benefit.

(Part 1 as amended by Federal Law of 08.12.2010 N 343-FZ)

1.1. In case the insured person during the periods listed in paragraph 1 of this article, there was no earnings, as well as if middle earningscalculated during these periods, calculated for the full calendar month below minimum size wages established by federal law on the day of the offensive insurance caseMiddle earnings, based on which allowances for temporary disability, pregnancy and childbirth, a monthly child care allowance is made equal to minimal wage, established by federal law on the day of the insured event. If the insured person at the time of the occurrence of the insured event works under conditions of incomplete working time (part-time working week, an incomplete working day), the average earnings, based on which the benefits are calculated in these cases, is determined in proportion to the duration of the work time of the insured person. At the same time, in all cases, the calculated monthly child care allowance cannot be less than the minimum size. monthly benefit For the care of the child established by the Federal Law "On state benefits to citizens with children."

(Part 1.1 introduced by Federal Law of 08.12.2010 N 343-FZ)

2. In average earnings, based on which manuals for temporary disability, pregnancy and childbirth, a monthly child care allowance, all types of payments and other rewards are included in favor of the insured person to which are accrued insurance contributions in the fund social insurance Russian Federation In accordance with the Federal Law of July 24, 2009, N 212-FZ "On Insurance Contributions to Pension Fund Of the Russian Federation, the Social Insurance Fund of the Russian Federation, Federal Fund Mandatory medical insurance"(For the period to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).

(Part 2 as amended by Federal Law of 03.07.2016 N 250-FZ)

2.1. Insured persons specified in paragraph 3 of Article 2 of this Federal Law, the average earnings, based on which allowances for temporary disability, pregnancy and childbirth, a monthly allowance for child care, is taken equal to the minimum amount of remuneration, established by federal law on the day of the offensive Insurance case. At the same time, the estimated monthly child care allowance cannot be less than the minimum size of a monthly child care allowance established by the Federal Law "On State Guidelines for Citizens with Children."

(Part 2.1 is introduced by federal law of 24.07.2009 N 213-FZ)

2.2. For insured persons who worked on labor contracts concluded with organizations and individual entrepreneursFor which the reduced insurance premium rate was used to the Social Insurance Fund of the Russian Federation in the amount of 0 percent, in average earnings, based on which temporary disability benefits, pregnancy and childbirth, a monthly child care allowance include all types of payments and other Remunerations in favor of the insured person who were included in the database to accrual insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, The federal compulsory health insurance fund "(for the period to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) in the relevant calendar year and do not exceed the limit value of the base for accrual Insurance contributions to the Fund Social insurance of the Russian Federation established in this calendar year. Information on these payments and remuneration in favor of the insured person for the relevant period is indicated in the certificate of the amount of earnings issued by the Insured in accordance with paragraph 3 of Part 2 of Article 4.1 of this Federal Law.

(Part 2.2 as amended by Federal Law of 07/03/2016 N 250-FZ)

3. The average day earnings for calculating temporary disability benefits is determined by dividing the amount of accrued earnings for the period specified in Part 1 of this article, by 730.

(as amended by federal laws of 07/24/2009 N 213-FZ, from 08.12.2010 N 343-FZ, from 25.02.2011 N 21-ФЗ)

3.1. Middle day earnings for the calculation of maternity benefits, monthly child care benefits is determined by dividing the amount of accrued earnings for the period specified in Part 1 of this article, by the number calendar days In this period, with the exception of calendar days falling for the following periods:

1) periods of temporary disability, maternity leave, childcare leave;

2) the periodization period of the employee from working with full or partial salary preservation in accordance with the legislation of the Russian Federation, if on the saved wages During this period, insurance premiums were not charged to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance" ( For the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).

(p. 2 as amended by Federal Law of 03.07.2016 N 250-FZ)

(Part 3.1 as amended by Federal Law of 25.02.2011 N 21-FZ (ed. 12/29/2012))

3.2. Middle earnings, based on which temporary disability benefits, pregnancy and childbirth and a monthly child care allowance are taken into account for each calendar year in an amount not exceeding established in accordance with the Federal Law of July 24, 2009 N 212-FZ " On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the federal fund of compulsory medical insurance "(for the period to 31 December 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1 2017) for the appropriate calendar year the limit value of the base for accrualing insurance premiums to the Social Insurance Fund of the Russian Federation. In the event that the appointment and payment of temporary disability benefits, for pregnancy and childbirth, are carried out by the territorial authorities of the insurer at the place of registration of several policyholders in accordance with Parts 2 and 4 of Article 13 of this Federal Law, the average earnings, based on which these manuals are calculated, It is taken into account for each calendar year in an amount not exceeding the specified limit value, when calculating data benefits for each of these insurers.

(Part 3.2 as amended by Federal Law of 07/03/2016 N 250-FZ)

Note.
When determining the average day earnings To calculate the benefits, the number of calendar days of the settlement period is determined taking into account the features of the leap year and can be 730, 731 or 732 calendar days (information of the FSS of the Russian Federation).

3.3. Middle day earnings for the calculation of maternity benefits, monthly child care benefits, determined in accordance with Part 3.1 of this article, cannot exceed the value determined by division by 730 amounts limit values Bases for the accrual of insurance premiums to the Social Insurance Fund of the Russian Federation established in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance" ( For the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) for two calendar years preceding the year of maternity leave, child care vacation .

(Part 3.3 as amended by Federal Law of 07/03/2016 N 250-FZ)

4. The size of the daily allowance for temporary disability, pregnancy and childbirth is calculated by multiplying the average daytime earnings of the insured person to the amount of the benefit set as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.

5. The amount of allowance for temporary disability, pregnancy and childbirth is determined by multiplying the size of the daytime for the number of calendar days per period of temporary disability, maternity leave.

5.1. A monthly child care allowance is calculated from the average earnings of the insured person, which is determined by multiplying the average daytime earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.

(Part 5.1 was introduced by federal law of 24.07.2009 N 213-FZ, as amended by federal laws from 08.12.2010 N 343-FZ, from 25.02.2011 N 21-ФЗ)

5.2. The size of the monthly care benefit for the child is determined by multiplying the average earnings of the insured person to the amount of the benefit set as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When careing for a child, during an incomplete calendar month, a monthly child care allowance is paid in proportion to the number of calendar days (including non-working holidays) in a month, which is carried out for the period of care.

(Part 5.2 is introduced by Federal Law of 07/24/2009 N 213-FZ)

7. Features of the procedure for calculating allowances for temporary disability, pregnancy and childbirth, monthly child care benefits, including for some categories Insured persons are determined by the Government of the Russian Federation.

This article, with quarantine, prosthetics for medical testimony and fogging in sanatorium-resort organizations immediately after medical care In stationary conditions is paid in the following amount:

1) the insured person having an insurance experience of 8 years or more, - 100 percent of average earnings;

2) an insured person having an insurance experience from 5 to 8 years old - 80 percent of average earnings;

3) Insured face having an insurance experience up to 5 years, - 60 percent of average earnings.

2. Template for temporary disability when disability due to the disease or injury is paid to insured persons in the amount of 60 percent of average earnings in the event of a disease or injury that have occurred within 30 calendar days after termination of work on the employment contract, service or other activities during which they Communicable social insurance in case of temporary disability and due to motherhood.

3. Temporary disability allowance for the need to carry out the care of a sick child is paid:

1) in the treatment of a child in outpatient conditions - for the first 10 calendar days in the amount determined depending on the duration insurance experience the insured person in accordance with part 1 of this article, over the following days in the amount of 50 percent of the average earnings;

2) in the treatment of a child in stationary conditions - in the amount determined depending on the duration of the insured personnel of the insured person in accordance with part 1 of this article.

4. Temporary disability allowance for the need to care for a sick member of a family with its treatment in an outpatient basis, with the exception of cases of care for a sick child, is paid in the amount determined depending on the duration of the insured person's insurance experience in accordance with Part 1 of this article.

6. Insured person who has an insurance experience of less than six months, temporary disability allowance is paid in the amount not exceeding the full calendar month of the minimum wage established by federal law, and in areas and locations in which installed manner District coefficients to wages are used, in the amount not exceeding the minimum wage based on these coefficients.

7. In the case of temporary disability that has occurring to the idle period and continues during the period of idle, the allowance for temporary disability over the idle period is paid in the same amount, in which salary is saved during this time, but not higher than the amount of temporary disability allowance, which is insured The face would have received the general rules.


Judicial practice under Article 7 of the FZ dated December 29, 2006 No. 255-FZ

    Decision of August 28, 2019 in case number A51-12163 / 2019

    Arbitration Court of Primorsky Krai (AS Primorsky Krai)

    Days from the date of termination of the specified work or activity or in the period from the date of the conclusion of the employment contract until the day of its cancellation. At the same time, part 2 of Article 7 of the Law No. 235-ФЗ allowance for temporary disability when the disability due to the disease or injury is paid to insured persons in the amount of 60 percent of the average earnings in the event of a disease or ...

    RESOLUTION of August 28, 2019 in case number A55-24885 / 2018

    Arbitration Court of the Volga district (FAS software)

    1 of Article 9 of Law No. 255-FZ states that temporary disability allowance is also not appointed for the idle period, except in cases provided for in paragraph 7 of Article 7 of Law No. 255-FZ. By virtue of Part 7 of Article 7 of the Law No. 255-FZ in case of temporary disability, which occurred to the idle period and continuing during the period of idleness, ...

    Decision of August 28, 2019 in case number A82-12237 / 2019

    Decision of August 28, 2019 in case number A32-53150 / 2018

    Arbitration Court of the Krasnodar Territory (AS Krasnodar Territory)

    Paid to accountable persons in the amount of 39,750 rubles., Which is according to the Foundation, violation of claim 1 of Article 20.1 of the Federal Law 125-FZ, Part 1 of Article 7, PP.11 of Article 1 of Article 9 of the Federal Law 212-FZ. Society is not according to the conclusions of the Foundation set forth in the above decisions in terms of not accepting expenses ...

    Decision of August 27, 2019 in case number A82-10886 / 2019

    Arbitration Court of the Yaroslavl Region (AU Yaroslavl Region)

    187, 197, 101, 103, 123.97; per. Preobrazhensky, d. 1; ul. Large Kazan, houses No. 15, 1a, 4, 46; ul. Boulevard, house M »15, 5, 6, 7; ul. Introduced. Houses No. 10, 11; ul. Havana, houses number 6, 14; ul. Cross, houses No. 29, 31, 33, 40, 66, 95, 101, 122, 128; ul. Lomonosov, houses No. 8, 11, ...

    Decision of August 26, 2019 in case number A82-9857 / 2019

    Arbitration Court of the Yaroslavl Region (AU Yaroslavl Region)

    There are certain provisions of the legislation of the Russian Federation "(hereinafter referred to as the Federal Law N 255-FZ) on the governing organizations are entrusted with the obligation to obtain licenses. In accordance with Part 1 of Article 7 of the Federal Law No. 255-FZ legal entities, individual entrepreneurs carrying out entrepreneurial management activities apartment housesare required to obtain a license to implement it until 01.05.2015. After...

    Decision of August 26, 2019 in case number A82-9618 / 2019

    Arbitration Court of the Yaroslavl Region (AU Yaroslavl Region)

    The individual provisions of the Legislative Acts of the Russian Federation "(hereinafter referred to as the Federal Law N 255-FZ) The obligation to obtain licenses is assigned to the Governing Organizations. In accordance with Part 1 of Article 7 of the Federal Law, N 255-FZ Legal entities, individual entrepreneurs engaged in entrepreneurial activities for the management of multi-unit Houses, are obliged to get a license for its implementation until 01.05.2015. After ...

  • 7 of the Federal Law N 255-FZ Legal entities, individual entrepreneurs who carry out entrepreneurial activities on the management of apartment buildings are required to obtain a license for its implementation until 01.05.2015. After...
  • Decision of August 19, 2019 in case number A82-9405 / 2019

    Arbitration Court of the Yaroslavl Region (AU Yaroslavl Region)

    The individual provisions of the Legislative Acts of the Russian Federation "(hereinafter referred to as the Federal Law N 255-FZ) The obligation to obtain licenses is assigned to the Governing Organizations. In accordance with Part 1 of Article 7 of the Federal Law, N 255-FZ Legal entities, individual entrepreneurs engaged in entrepreneurial activities for the management of multi-unit Houses, are obliged to get a license for its implementation until 01.05.2015. After ...

1. The insured appoints benefits for temporary disability, pregnancy and childbirth, a monthly child care allowance for 10 calendar days from the date of circulation of the insured person for obtaining it with necessary documents. Payment of benefits is carried out by the insured in the closest day after the assignment of the day set for paying wages.

2. The territorial body of the Insurer in cases provided for by the parts 3 and 4 of Article 13 of this Federal Law appoints and pays for temporary disability benefits, for pregnancy and childbirth, a monthly child care allowance for 10 calendar days from the date of admission to the territorial authority of the Insurer appropriate application and necessary documents.

2.1. In the absence of the insured person on the day of appealing for temporary disability benefits, for pregnancy and childbirth, a monthly certificate care benefit (certificates) about the amount of earnings required to assign these benefits in accordance with Parts 5 and 6 of Article 13 of this Federal Federal The law appropriate for the manual is appointed on the basis of the insured person and the insured (territorial authority of the insurer) of information and documents. After submitting the insured person of this certificate (certificates) about the amount of earnings, recalculation of the appointed benefit for all the past time, but not more than three years preceding the day of reference presentation (certificates) about the amount of earnings.

3. The appointed, but not received by the insured person timely allowance for temporary disability, for pregnancy and childbirth, a monthly childcare allowance is paid for all the past time, but not more than three years preceding the appeal. The manual, not received by the insured person or partly due to the fault of the insurer or the territorial body of the Insurer, is paid for all the past time without limiting any term.

4. The amounts of allowances for temporary disability, pregnancy and childbirth, a monthly child care allowance, which is overwhelmed by the Insured person, cannot be charged with it, except in cases of counting error and unscrupiance by the recipient (submission of documents with obviously incorrect information, Including certificates (certificates) about the amount of earnings, from which these manuals are calculated, hiding data affecting the receipt of benefits and its size, other cases). Holding is carried out in the amount of no more than 20 percent of the amount due to the insured person with each subsequent payment of benefits or its wages. With the termination of the payment of benefits or wages, the remaining debt charges in court.

5. Accrued amounts of temporary disability benefits, pregnancy and childbirth, monthly child care benefits not received in connection with the death of the insured person are paid in the manner established by the civil law of the Russian Federation.

The federal law determines the conditions, size and procedure for providing temporary disability benefits, for pregnancy and childbirth to be mandatory social insurance.

Earlier, in accordance with clause 30 of the Regulation, approved by the Decree of the Presidium of the CPSC of 12.11.84 N 13-6, the amount of the benefit was determined depending on the duration of continuous employment. In accordance with the law, the amount of benefits depends on the duration of the insurance experience, which includes periods of work on the employment contract, state civil or municipal service, as well as periods of other activities during which a citizen has been subject to compulsory social insurance in case of temporary disability and in connection with Maternity. The amount of temporary disability benefits is: 100% of the average earnings for persons having an insurance experience of 8 years or more; 80% - for persons with insurance experience from 5 to 8 years and 60%, if the insurance experience is less than 5 years. Pregnancy benefits are paid to the insured woman in the amount of 100% of the average earnings, if it has an insurance experience more than 6 months, otherwise the benefit size should not exceed 1 minimum wage.

It is established that the Federal Law on the Budget of the Social Insurance Fund of the Russian Federation for the next fiscal year is determined maximum size Disability benefits, as well as maternity benefits.

Temporary disability allowance is assigned in cases:

1) disability due to disease or injury, including in connection with an artificial interruption operation of pregnancy or the implementation of extracorporeal fertilization;

2) the need to care for a sick family member;

3) quarantine of the insured person, as well as a quarantine of a child under the age of 7, attending preschool educational institution, or another family member, recognized in the prescribed manner incapable;

4) prosthetics under medical testimony in a stationary specialized institution;

5) Foundation in the prescribed manner in sanatorium-resort institutions located in the territory of the Russian Federation directly after inpatient treatment.

At the same time, temporary disability allowance due to the disease or injury is paid for the entire period of disability before the disability day or the establishment of disability with the restriction of the ability to labor activity. Disabled benefits for temporary disability paid no more than four months in a row or five months in the calendar year, with the exception of the case of tuberculosis. In the event that temporary disability came as a result of the deliberate causation by the court of harmful to his health or suicide attempts, or due to the person of a deliberate crime, in the appointment of temporary disability manual refuses. If temporary disability occurred due to a disease or injury, then the payment of benefits for the first two days of temporary disability is carried out at the expense of the employer's funds, and starting from the third day at the expense of the social insurance fund. In other cases, the payment of benefits is carried out at the expense of the Fund.

The term of appealing for payment of benefits for temporary disability, maternity benefits is six months from the date of restoration of working capacity or the end of maternity leave and childbirth, respectively. The employer appoints benefits for temporary disability, pregnancy and childbirth within 10 calendar days from the date of handling a person for obtaining it with the necessary documents and pays benefits to the nearest day after the day set for paying wages.

The Federal Law enters into force on January 1, 2007 and applies to the insured events that came after his entry into force.

Chapter 1. General

Article 1.3.

Insurance risks and insured cases

Article 2.1. Insured

Article 2.2. Insurer

Providing pregnancy benefits and childbirth

Article 11.2. Monthly child care benefit

Chapter 5. The procedure for entering into force of this Federal Law

Return

1. Temporary disability benefits, pregnancy and childbirth, a monthly care allowance for child care is calculated on the basis of the average earnings of the insured person calculated in two calendar years preceding the onset of temporary disability, maternity leave, child care leave, Including during the work (service, other activities) in another insured (other policyholders). Middle earnings during operation (service, other activities) in another insured (other policyholders) are not taken into account in cases if, in accordance with Part 2 of Article 13 of this Federal Law, temporary disability benefits, pregnancy and childbirth are appointed and paid to the insured person in all Places of work (service, other activities) based on the average earnings during the work (service, other activities) at the insured, prescribing and paying benefits. In the event that in two calendar years, directly preceding the onset of the indicated insurance cases, or in one of these years, the insured person was on maternity leave and (or) on maternity leave, relevant calendar years (calendar year) According to the insured person, it may be replaced in order to calculate the average earnings of previous calendar years (calendar year), provided that it will lead to an increase in the amount of the benefit.

In case the insured person during the periods listed in paragraph 1 of this article, there was no earnings, as well as if the average earnings calculated during these periods, in the calculation of the full calendar month below the minimum wage established by federal law on The day of the occurrence of the insured event, the average earnings, based on which manuals for temporary disability, for pregnancy and childbirth, a monthly child care allowance is made equal to minimal wage, established by federal law on the day of the insured event. If the insured person at the time of the occurrence of the insured event works under conditions of incomplete working time (part-time working week, an incomplete working day), the average earnings, based on which the benefits are calculated in these cases, is determined in proportion to the duration of the work time of the insured person. At the same time, in all cases, the calculated monthly child care allowance cannot be less than the minimum size of the monthly child care benefit established by the Federal Law "On State Guidelines for Citizens Having".

2. In average earnings, based on which temporary disability benefits are calculated, for pregnancy and childbirth, a monthly child care allowance, all types of payments and other remunerations are included in favor of the insured person who are accrued to the insurance premiums to the Social Insurance Fund of the Russian Federation. In accordance with the Federal Law of July 24, 2009, N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance" (for the period to December 31, 2016 inclusive) and (or) In accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).

2.1. Insured persons specified in paragraph 3 of Article 2 of this Federal Law, the average earnings, based on which allowances for temporary disability, pregnancy and childbirth, a monthly allowance for child care, is taken equal to the minimum amount of remuneration, established by federal law on the day of the offensive Insurance case. At the same time, the estimated monthly child care allowance cannot be less than the minimum size of a monthly child care allowance established by the Federal Law "On State Guidelines for Citizens, Having Children."

2.2. For insured persons who worked on labor contracts concluded with organizations and individual entrepreneurs, for whom the reduced insurance premium rate was used to the Social Insurance Fund of the Russian Federation in the amount of 0 percent, in average earnings, based on temporary disability benefits, pregnancy and childbirth, a monthly child care allowance, all types of payments and other remuneration in favor of the insured person who included in the database to accrual insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance premiums in the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the federal fund of compulsory medical insurance" (for the period to December 31, 2016, inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from 1 January 2017) in the relevant calendar year and do not exceed the limit value of the base for accrualing insurance premiums to the Social Insurance Fund of the Russian Federation established in this calendar year. Information on these payments and remuneration in favor of the insured person for the relevant period is indicated in the certificate of the amount of earnings issued by the Insured in accordance with paragraph 3 of Part 2 of Article 4.1 of this Federal Law.

3. The average day earnings for calculating temporary disability benefits is determined by dividing the amount of accrued earnings for the period specified in Part 1 of this article, by 730.

3.1. Middle day earnings for calculating maternity benefits, monthly child care benefits is determined by dividing the amount of accrued earnings for the period specified in paragraph 1 of this article, by the number of calendar days in this period, with the exception of calendar days following the following periods :

1) periods of temporary disability, maternity leave, childcare leave;

2) the periodization period of the employee from working with full or partial salary preservation in accordance with the legislation of the Russian Federation, if the continued wages for this period were not charged insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Medical Insurance Fund" (for the period to December 31, 2016, inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees ( Starting from January 1, 2017).

3.2. Middle earnings based on which allowances for temporary disability, maternity and childbirth and a monthly child care allowance are taken into account for each calendar year in an amount not exceeding the N 212-FZ of July 24, 2009. On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the federal fund of compulsory medical insurance "(for the period to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1 2017) for the appropriate calendar year the limit value of the base for accrualing insurance premiums to the Social Insurance Fund of the Russian Federation. In the event that the appointment and payment of temporary disability benefits, for pregnancy and childbirth, are carried out by the territorial authorities of the insurer at the place of registration of several policyholders in accordance with Parts 2 and 4 of Article 13 of this Federal Law, the average earnings, based on which these manuals are calculated, It is taken into account for each calendar year in an amount not exceeding the specified limit value, when calculating data benefits for each of these insurers.

Middle day earnings for the calculation of maternity benefits, monthly child care benefits, determined in accordance with part 3.1 of this article, cannot exceed the value determined by dividing by 730 amounts of the limits of the base for the accrual of insurance premiums to the Russian Social Insurance Fund Federations established in accordance with the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Fund of Social Insurance of the Russian Federation, the Federal Fund for Mandatory Medical Insurance" (for the period of December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) for two calendar years, preceding the commerce holiday on maternity leave, child care leave.

4. The size of the daily allowance for temporary disability, pregnancy and childbirth is calculated by multiplying the average daytime earnings of the insured person to the amount of the benefit set as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.

5. The amount of allowance for temporary disability, pregnancy and childbirth is determined by multiplying the size of the daytime for the number of calendar days per period of temporary disability, maternity leave.

5.1. A monthly child care allowance is calculated from the average earnings of the insured person, which is determined by multiplying the average daytime earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.

5.2. The size of the monthly care benefit for the child is determined by multiplying the average earnings of the insured person to the amount of the benefit set as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When careing for a child, during an incomplete calendar month, a monthly child care allowance is paid in proportion to the number of calendar days (including non-working holidays) in a month, which is carried out for the period of care.

6. Lose strength.

7. Features of the procedure for calculating temporary disability benefits, pregnancy and childbirth, monthly child care benefits, including for certain categories of insured persons, are determined by the Government of the Russian Federation.

Federal Law of 29.12.2006 N 255-FZ (ed. From 03/03/2018) on compulsory social insurance in case of temporary disability and due to motherhood

THE RUSSIAN FEDERATION

THE FEDERAL LAW

On compulsory social insurance

In case of temporary disability

And due to maternity

State Duma

Federation Council

Chapter 1. General

Article 1. Subject to regulation of this Federal Law

Article 1.1. Legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood

Article 1.2. The basic concepts used in this Federal Law

Article 1.3. Insurance risks and insured cases

Article 1.4. Types of insurance provisions

Article 2. Persons subject to compulsory social insurance in case of temporary disability and due to maternity

Article 2.1. Insured

Article 2.2. Insurer

Article 2.3. Registration and deregistration of insurers

Article 3. Financial provision of expenses for the payment of insurance

Article 4. Providing insurance provision to persons convicted of imprisonment and attracted to paid labor

Chapter 1.1. Rights and obligations of subjects of compulsory social insurance in case of temporary disability and due to motherhood

Article 4.1. Rights and obligations of insurers

Article 4.2. Rights and obligations of the insurer

Article 4.3. Rights and obligations of insured persons

Chapter 1.2. Features of payment of insurance premiums

Article 4.4. Legal regulation relations related to the payment of insurance premiums

Article 4.5. The procedure for voluntary entry into legal relations on compulsory social insurance in case of temporary disability and due to motherhood

Article 4.6. The procedure for financial support of the expenditures of insured for the payment of insurance provisions at the expense of the budget of the Social Insurance Fund of the Russian Federation

Article 4.7. Conducting insurer inspection of the correctness of the cost of payment of insurance

Article 4.8. Accounting and accounting of insured

Chapter 2. Providing temporary disability benefits

Article 5. Cases provide temporary disability benefits

Article 6. Terms and duration of temporary disability benefits

Article 7. Size of temporary disability benefits

Article 8. Grounds to reduce the amount of temporary disability benefits

Article 9. Periods for which temporary disability allowance is not appointed. Grounds for refusal to appoint temporary disability benefits

Chapter 3. Providing pregnancy benefits and childbirth

Article 10. Duration of payment benefits for pregnancy and childbirth

Article 11. The size of pregnancy benefits and childbirth

Chapter 3.1. Ensuring a monthly child care allowance

Article 11.1. Conditions and duration of monthly child care benefit

Article 11.2.

Monthly child care benefit

Chapter 4. Appointment, calculation and payment of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits

Article 12. Timing of treatment for temporary disability benefits, for pregnancy and childbirth, monthly child care benefits

Article 13. The procedure for the appointment and payment of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits

Article 14. The procedure for calculating temporary disability benefits, for pregnancy and childbirth, monthly child care benefits

Article 15. Terms of appointment and payment of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits

Article 15.1. Responsibility for the accuracy of the information necessary for the appointment, calculation and payment of benefits for temporary disability, for pregnancy and childbirth, monthly child care benefits

Article 16. The procedure for calculating the insurance experience to determine the size of allowances for temporary disability, for pregnancy and childbirth

Chapter 5. The procedure for entering into force of this Federal Law

Article 17. Conservation of previously acquired rights in determining the amount of allowance for temporary disability and the duration of insurance experience

Article 18. Application of this Federal Law for Insurance Cases, which has come to the day and after the day its entry into force

Article 19. Entry into force of this Federal Law


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