Basic rules for the payment of maternity benefits and the procedure for payments. Maternity leave: terms and procedure for payment

Let's take a look at what each payout is.

Maternity Benefit (B&R)

By law, an employed woman can leave on maternity leave when the pregnancy reaches thirty weeks. If the ultrasound shows not one child, but twins, then the vacation time is shifted two weeks ahead. From now on, the pregnant woman can stay at home, and her salary is replaced by the maternity allowance.

But not only employed persons are entitled to maternity benefits. Those who have lost their jobs due to the liquidation of the enterprise, full-time students, contract servicemen can also apply for money from the state. In addition to pregnant women, this allowance can be issued by adoptive parents who belong to the categories listed earlier.

Maternity payments will not be made if a woman has left one decree for another and is already receiving money to care for her first child. You can choose only one of the payments. It is convenient to compare which of the benefits will be higher in cost using the maternity benefit calculator.

Also, you should not count on financial assistance if you refuse to go on maternity leave in favor of the workplace. Benefits will only start after the application for leave has been submitted.

The maternity allowance will be paid by the employer or the department of social protection. For its registration, it is necessary to write an application, to which a maternity sick leave is attached. You can get the latter in the antenatal clinic. It is issued at thirty or twenty-eight weeks of pregnancy.

To calculate maternity benefits, you will need to provide a certificate of average earnings from all employers if you are registered in several organizations. Documents can be submitted in person or sent by email.

The allowance for pregnancy and childbirth is paid in full, for which it is a one-time assistance. For working women, the allowance is transferred to the card along with the next salary, non-working - by mail or to a bank account until the 27th day of the month following the one in which the application was written.

The calculation of the allowance is determined by the type of employment. For employees, it is equal to the average salary, for those who have lost their jobs due to liquidation - 613.14 rubles, for students - the amount of the scholarship, for contractors - the amount allowance. However, if you work at the place from which you go on vacation for less than half a year, then the amount of payments is limited to the minimum wage.

The minimum value of payments in 2018 is the minimum wage, and the maximum is limited to: 282,106.70 rubles. - during normal childbirth; RUB 314,347.47 - with complicated childbirth; RUB 390,919.29 - with multiple pregnancy.

Read more about child support

Question answer

Can the father of a child receive B&R?

The father and other family member cannot, as this allowance is only for women.

What is the turnaround time?

It is better to apply for benefits immediately upon receipt of a sick leave at the consultation. It is not worth delaying, since the period is limited to the achievement of a child of six months of age.

When is the allowance received?

The allowance is paid either until the 27th day of the month following the application, or on the day wages.

To calculate, you need to calculate average income for the last two years and multiply it by the number of days of the decree (140/156/194 days). You can do this with our calculator.

The salary for which period is taken into account in the calculation and does this period include sick leave, vacation?

Income for the two years preceding the decree is taken into account. For example, they went on maternity leave in 2018 - incomes for 2016 and 2017 are averaged. Vacations are also included in the calculation. The exceptions are sick days and maternity leave and maternity leave. In the event that one decree follows another without going to work, this period can be replaced in the calculation with other years when wages were calculated.

Can a pregnant woman be fired and where can one apply for payment if the company goes bankrupt?

If you are in a position, then you can only be fired in case of bankruptcy and liquidation of the organization, but the benefit will still be paid. To do this, you need to apply and required documents to the social security authorities, having the relevant certificates in hand.

How are maternity pay calculated if a woman worked two jobs?

When combining during the two years preceding the decree, both employers are required to pay benefits.

How will benefits change if I worked part-time?

If before the decree a woman worked part-time, then the allowance will also be half as much as when working full-time.

Is there a benefit if a pregnant woman receives an education at a university?

For full-time students, the allowance is calculated based on the amount of the scholarship.

Where can the unemployed go?

Payments of benefits to unemployed pregnant women are carried out by social protection authorities.

Birth allowance

If BiR maternity payments are issued and accrued even before the child is born, then this payment can be received only after his birth. An allowance is provided to either parent and is a one-time payment. If you have not one, but two or more children at once, then the amount is due for each of them. In accidents, when a child is born dead, it is not paid.

At present, the minimum payments are 16,350.33 rubles. The amount may increase by multiplying by the district coefficient, depending on the area of ​​\u200b\u200bresidence. This payment does not depend on income, length of service and other factors.

To receive the money due, you must contact the accounting department at your enterprise or the nearest FSS department with a corresponding application. You will be asked to attach a birth certificate to it, which is issued upon discharge from the maternity hospital, and a certificate stating that the child's father did not make payment. When applying to the social security service, unemployed people also need to have an extract from work book, if any.

Read more about applying for childbirth allowance

Question answer

When should I apply for benefits?

The application and certificates must be submitted no later than the child is six months old.

When should benefits be paid?

The payment is transferred no later than ten days after the application is written or until the 27th day of the next month.

How is maternity pay calculated at the birth of a child?

The lump-sum allowance is calculated by multiplying by the base and district coefficient, the number of children born is also taken into account. The calculator will help you calculate them quickly and accurately.

If I am unemployed and my husband is employed, can I apply for benefits for him?

Yes, either parent can be paid. But then he needs to provide a certificate stating that you did not receive this money and do not claim it.

Allowance for the care of a child up to one and a half years

As soon as the maternity leave comes to an end, the mother of the child or another relative (not necessarily close) can take leave to care for him, which will last until he reaches the age of 1 year and 6 months. The allowance due to those on vacation is no longer accrued at a time, but on a monthly basis. It is designed to replace the wages of a person who sits at home with a baby.

Monthly maternity leave must be issued before the child reaches the age of two years. They are paid after drawing up an application, to which the birth certificate of the child is attached. If you are adopting a child, you must provide proof of this.

Additionally, you need to present a certificate stating that the other parent (or both, if another relative is sitting with the child) does not receive this allowance. If over the past two years you have managed to change your place of employment, then you also need to take a certificate from the previous employer with the amount of wages. This certificate will be required to calculate the amount of maternity. All documents can be submitted not only in person, but also via the Internet.

Within ten days after the submission of documents, you are assigned an allowance, which will be paid monthly until the baby is 1 year and 6 months old. The day of payment coincides with the transfer of salary.

This allowance depends on the average income for two years and is 40% of its value. However, payment options are available. fixed amount. In 2018, the minimum payments are as follows: for the first child - 3788.33 rubles, for the second and subsequent children - 6284.65 rubles per month. The maximum is limited to 24536.57 rubles / month.

Read more about the intricacies of applying for childcare benefits up to 1.5 years old.

Question answer

Can someone other than the child's mother receive benefits?

In addition to the mother of the child, any relative can take leave to care for him. For example, if the wife's salary is higher than that of her husband, then it is more profitable for her to go to work, and for her husband to take maternity leave.

How are payments calculated?

Monthly payments are calculated as an average monthly daily wage over the past two years, multiplied by 40% and an indicator of 30.4. The amount of earnings itself cannot be higher than the established reference values, which change annually and are recorded in the FSS database. Our calculator allows you to simplify the calculation of maternity pay online.

What to do if another child is born during the maternity period?

At the birth of another baby, the mother can choose the allowance that is more profitable for her to receive. Benefits for a second child are usually higher, so women often choose this option. This is permitted by law.

Do they continue to pay benefits if I return to work and maternity leave has not yet ended?

If you go out for the whole day, then the allowance is stopped. However, you can reduce it by just a couple of minutes, and the allowance will be maintained, since the law does not specify how long the shortened shift should last. Only the minimum bar is limited - 4 hours. Such a scheme is only possible when the benefits are paid by the same employer you are applying for.

How are maternity pay calculated for employment in two jobs?

You are only entitled to pay from one employer. Who exactly, you choose yourself. Also take a certificate stating that the allowance was not paid elsewhere.

What to do when liquidating a company?

You need to apply for benefits from the social security authorities.

Here is an excerpt from the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood"

Article 11.1. Conditions and duration of payment of the monthly child care allowance

1. Monthly child care allowance is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on parental leave, from the day the parental leave is granted until the child reaches the age of one and a half years.
2. Right to monthly allowance child care leave is maintained if the person on parental leave works part-time or at home and continues to care for the child.
3. Mothers entitled to pregnancy and childbirth allowance in the period after childbirth are entitled to receive either pregnancy and childbirth allowance or monthly childcare allowance, offset by the previously paid pregnancy and childbirth allowance, from the date of birth of the child, if the amount of the monthly childcare benefits are higher than the maternity benefit.
4. If the child is cared for by several persons at the same time, the right to receive a monthly childcare allowance is granted to one of these persons.

Pregnancy is a wonderful time in a woman's life, but at the same time a headache for her employer. The head must know how to calculate maternity and pay, in what time frame the transfer needs to be made, and what affects the amount of the benefit. Let us consider in detail the maternity leave, as well as analyze the features of the calculation of maternity leave and the procedure for their transfer.

In ordinary life, maternity leave, as a rule, is called the entire period while a woman is freed from work in order to carry, give birth to a child and care for him until he is 3 years old. But the legislation divided this concept into 2 segments: (ground - Article 255 of the Labor Code of the Russian Federation) and (ground - Article 256 of the Labor Code of the Russian Federation). Whereas the monthly social payment child care is stably 40% of the average earnings, the calculation of benefits for pregnancy and childbirth has its own characteristics.

Calculation of maternity payments

To correctly calculate maternity payments, we turn to the procedure established by laws. To begin with, we note that the period for which a one-time maternity allowance should be calculated is 140 days, with multiple pregnancy - 194 days, and with difficult births - 156 days. All this is reflected in Art. 10 of Federal Law No. 255-FZ. It is also written there that in the case when a woman is on leave to care for a child already born and plans to give birth to the next one, she herself needs to choose only one of the two benefits provided.

The period for which the lump-sum maternity allowance must be calculated is 140 days.

Maternity allowance is paid to a woman in the amount of 100% of her salary. The length of her official work may have some influence. If it is less than six months, then the rate for the minimum wage - the minimum wage (in 2018 it is 9489 rubles) is taken as an indicator of average earnings per month, coefficients are also taken into account.

Formula general definition maternity payment includes 3 values:

1. An employee's income for the previous 2 years (if, for example, the calculation is in 2018, then 2016 and 2017 are taken).
2. The number of days in this period (730 or 731 days if the year was a leap year).
3. The number of maternity days required for the calculation (140, 156, 184).

Benefit calculation rules

There are certain restrictions and rules for calculating benefits. According to paragraph 3.2 of Art. 14 Federal Law No. 255-FZ, annual average earnings an employee leaving on maternity leave cannot exceed the maximum amount of the base for calculating insurance premiums. In 2018, this amount is set at 815,000 rubles, but you need to calculate the amount of maternity leave based on the previous 2 years, so you need to know their limit.

In 2017 limit base for the calculation of insurance premiums was 755,000 rubles, and in 2016 - 718,000 rubles. Making a calculation maternity benefits in 2018, you must account for these amounts.

Maximum benefit amount: (755,000 + 718,000) / 730 × 140 = 282,493 rubles 15 kopecks. The minimum allowance in 2018 is: (7500 × 12 × 2) / 730 × 140 = 43,675 rubles 40 kopecks.

You can program the maternity pay calculator at the enterprise yourself (for example, in Microsoft Excel) or determine payments manually.

The income for the previous 2 years does not include sick leave, previous maternity, as well as payments made for any other periods during which the income received was not accrued established by laws insurance premiums. If it so happened that the employee was on maternity leave during the previous 2 years required for the calculation, then she can completely replace one or both of the calculation years with the previous years. So she can increase the amount of benefits. That is, in this case she has the right to choose the years for which her maternity pay is calculated.

As mentioned above, the length of service of an employee can affect the amount of maternity benefits. What should an employer do if his employee has 1 year of experience? The rule is the same for all officially employed women, so the billing period will also be the previous 2 calendar years. In this case, the actually worked time that falls on the previous calendar year is taken in the amount of 100% of the average earnings (say, the last 5 months of that year), for the remaining months (in our example there are 19), earnings are set at the minimum wage.

The length of service of an employee may affect the amount of maternity benefit. The rule is the same for all officially employed women.

At the same time, each worker has her own maternity calendar, however, the allowance itself is calculated according to the same formula.

How maternity pay is calculated

As soon as the pregnancy reaches 30 weeks, the gynecologist writes out a sick leave in the antenatal clinic. It indicates the days for which maternity leave is paid.

The employee must provide the following documents to the accounting or personnel department:

1. Disability certificate for pregnancy and childbirth.
2. Certificate of early registration, if applicable (required for an additional lump sum payment in favor of a pregnant employee).
3. Free form application. The sample can be viewed.
4. Certificate of actually received earnings for the previous 2 years in the form established by Order of the Ministry of Labor No. 182n. It is provided if the employee has worked in another company for the last 2 years.

Maternity sick leave is paid in general order, according to Art. 15 of Federal Law No. 255-FZ. Within 10 days from the date of receipt of the documents from the employee, the calculation and accrual of benefits takes place, while the payment is made on the next day the salary is issued. The payment deadline must be observed - for violation by the employer, in accordance with Art. 236 of the Labor Code of the Russian Federation, is obliged to pay a penalty. The surcharge to the overdue payment is 1/300 of the established refinancing rate of the Central Bank for each overdue day.

The employer assigns and pays the maternity allowance. The state compensates the funds paid by the employer, as stated in Art. 4 of Federal Law No. 81-FZ. Employees of the Social Insurance Fund transfer these funds within 10 days to the employer's account. By the way, maternity benefits are taxable (Article 217 of the Tax Code of the Russian Federation).

Maternity leave benefits are not taxable.

Additional payments

In addition to the basic sick leave payment, employees on maternity leave are entitled to additional payments:

1. Lump sum payment.

It is fixed, established taking into account the annual indexation and until February 1, 2017 is 15382 rubles 17 kopecks. One-time payment produced by only one of the parents. To receive it, you must provide the employer with a child's birth certificate, a statement from the parent claiming the payment and a certificate stating that the other parent has not received this payment and does not plan to.

2. Payment for early registration in women's consultation.

The 12th week of pregnancy is the milestone before which you need to register in order to receive this payment. Until February 1, 2017, it amounts to 576 rubles 83 kopecks and is paid simultaneously with the maternity allowance. To receive a lump sum payment, an employee must provide the accounting department with a relevant certificate from the antenatal clinic.

The basic allowance and additional payments are also due if a woman, being pregnant after a period of 30 weeks, continues to work and her salary is kept. However, as soon as the maternity leave turns into parental leave, the monthly social allowance will be paid only if the woman is part-time or working at home ().

If an employee continues to work after 30 weeks and receives wages, she still needs to pay benefits.

Some formalities

Before going on vacation, immediately after it, or after 3 years have passed since the birth of the child, the employee has the right to go on vacation if she wishes, while her work experience does not affect the situation (). Some women take this leave after 140 paid days because they get a little more money than the child care allowance, thereby slightly stabilizing their financial situation.

A pregnant woman or a woman caring for a child under the age of 3 is not allowed. Based on Art. 261 of the Labor Code of the Russian Federation, dismissal is possible only in the case of an agreement with a pregnant woman, but with its extension until the moment of delivery or on her initiative at any time. If the termination of the employment contract nevertheless occurred, the woman is entitled to estimated compensation. She is entitled to cash for the next vacation of the previous period.

Maternity payments are due to every officially employed woman who is going to become a mother. They are 100% of her average earnings for the previous 2 years. The head must pay her an allowance, but not from his own pocket, but at the expense of the Social Insurance Fund. Any delay in payments is "punished" by law, so you should be careful in the performance of your duties.

Maternity leave in the Labor Code of Russia is usually divided into two parts: maternity leave and leave to care for a child up to 3 years. Let's take a closer look at all the intricacies of obtaining maternity leave, the deadlines for filing, what documents are needed to apply for and receive maternity leave, how the allowance is calculated, the maximum and minimum amount of payment, exit from maternity leave to work and other subtleties from a legal point of view.

Women who are actively working, but at the same time expecting an unborn child, will certainly be delighted with the beginning of maternity leave. This is how people used to call the leave that is provided to pregnant women, starting from the 30th week of pregnancy. Together with the right to use additional rest time before and after childbirth, the expectant mother receives a cash allowance. Its size is quite large, due to which many people invest these funds in the improvement of the children's room or the purchase of items necessary for the newborn.

Extra time for rest is necessary for all expectant mothers. Fatigue is associated with discomfort from an ever-growing belly, feeling unwell, signs of pregnancy, lack of sleep, fatigue in the limbs due to sudden weight gain. These and other factors have a special manifestation in the last trimester of pregnancy, due to which even a previously active woman loses her ability to work, becomes clumsy and passive. Do not think that the employee will remain like this forever. This condition is temporary, it is typical for almost all expectant mothers. After one or two years after the birth of the baby, thoughts about work and career will return to her again, today, she is completely occupied with her motherhood.

A few weeks before the birth, which are given to the woman as a vacation, are very important. First of all, this is the last opportunity to prepare housing for the arrival of a newborn. Secondly, this is the time for prenatal research, classes for expectant mothers, outdoor walks. At this time, the unborn child should receive exclusively positive emotions from the mother, because his intrauterine development already allows him to hear the sounds of music, the surrounding nature, family conversations, and experience her emotions with his mother.

The procedure for granting maternity leave

Maternity leave consists of prenatal and postnatal periods and is granted to all pregnant women who work under an employment contract.

The right of women to go on maternity leave in Russia is enshrined in Art. 255, 257 of the Labor Code (LC) of the Russian Federation of December 30, 2001 No. 197-FZ. In accordance with it, any woman who is in a state of pregnancy has the right to take prenatal leave, lasting 70 days. From the moment of the birth of the first child, in the event that there are no complications from childbirth, the mother is entitled to receive postpartum leave of the same duration. If there are complications, the vacation is automatically increased by another 16 days.

In cases where multiple pregnancies are involved, the employee will have 84 days of prenatal leave and 110 days of postpartum leave.

Maternity leave in total lasts as many days as required by law, regardless of how many of them were actually used by a woman before childbirth, since she could give birth earlier or later than the due date.

Women who have adopted a child under 3 months old can only count on postnatal leave, which is 70 days when adopting 1 child or 110 days if there are more than one.

Documents required for maternity leave

Sick leave

In order to unhindered registration of additional leave, accrual and transfer of the corresponding allowance, a woman is obliged to provide at the place of work a sick leave certificate of a single sample (disability certificate), which was issued in medical institution state form of ownership, including in the antenatal clinic.

The sick leave is issued after passing the maternity commission, the head of which is most often the head of the antenatal clinic. Together with members of the commission, they study the exchange card, the results of ultrasound and other documents that allow you to determine the gestational age.

A positive decision of the commission is made by putting a mark in the exchange card. As soon as it is received, the pregnant woman can start applying for a sick leave. The correct execution of all documentation is the key to the smooth receipt of all due payments. Even a small mistake can be a reason for refusing to transfer benefits from the social insurance fund. Do not forget that we are talking about budgetary funds.

As soon as the certificate of incapacity for work is received, you can go to the place of employment, where you must submit a handwritten application for maternity leave, to which the sick leave must be attached in the original. On the basis of the sick leave, the calculation of the number of days the employee is in a state of temporary disability will be calculated and the amount of the benefit due will be determined.

The lack of desire, for whatever reason, to go on vacation as required by law, every day leads to a reduction in both the vacation period itself and the allowance due.
The calculation of all payments related to maternity leave is carried out solely on the basis of the provided disability certificate.

The end date of the leave associated with pregnancy and childbirth is determined in the sick leave itself. After this type of vacation, the mother will need to come to the place of work to apply for leave to care for a child up to 3 years old. A young mother who does not want to use her right to leave can start working in her previous position.

In case of multiple pregnancy, which was established only in childbirth, an additional sick leave certificate is issued for a period of 54 days by the institution where the birth took place.

In the event of complications during childbirth, an additional disability certificate is issued for 16 days.

In case of premature birth for a period of 22 to 30 weeks, the sick leave is issued by the institution where the birth took place for 156 days.

When living or working in a radioactively contaminated area, a pregnant woman is entitled to sick leave 90 days before delivery.

Application for maternity leave

The application is written in free form, the pregnant woman informs the employer that she is going to go on maternity leave and wants to receive maternity benefits. In addition, if she is registered with the antenatal clinic for up to 12 weeks, upon presentation of a certificate from the LCD, she is entitled to a one-time allowance, which for 2019 is 613 rubles 14 kopecks.

Sample application for leave and maternity leave

An application can be submitted at any time after receiving a certificate of incapacity for work, if a woman wants and can work, then the employer cannot restrict her in this. In case of late submission of the application, the vacation begins from the date of its submission and ends with the period specified in sick leave, that is, the vacation will be shorter.

The maternity leave of a woman who has a permanent place of employment is accompanied by the payment of a child allowance. It is formed at the expense of previously made payments to the social insurance fund and is calculated by calculating the average earnings for the entire period of such leave.

Maternity leave with pending parental leave up to 3 years

There are frequent cases of birth in a family of weather or children whose age difference does not exceed three years. This means that a subsequent pregnancy occurred in a woman while on maternity leave. The procedure for issuing sick leave and subsequent vacations in this case is unchanged. The only issue that arises is the issue of calculating the amount of the benefit. At the request of a woman, her total income, which was received during the two years before going on maternity leave on the first sick leave, or for any two years that were worked at this enterprise, can be taken as the calculation base.

A young mother cannot be deprived of benefits if, during her maternity leave, she started working part-time, works at 0.25 wages or at home.
The legislator does not limit the possibilities of registering parental leave in the name of his father, grandmother or grandfather.

By general rule the calculation of vacation days and allowances for the category of single mothers is carried out.

Calculation of maternity benefit

The allowance is calculated based on the application of a pregnant working woman and a sick leave from the antenatal clinic within 10 calendar days after applying and is paid in the next salary. If the sick leave has been extended, the employer also pays for additional days.

Cash money can be received:

Either from the employer's funds,

Either from the FSS, when the enterprise or firm where the pregnant woman worked ceased to exist, or when making payments directly through the Fund.

Maternity allowance for pregnancy and childbirth can be received not only by citizens of the Russian Federation, but also by citizens of other countries who have an employment contract concluded with an employer in Russia.

What is the amount of maternity benefit in 2019

The maternity allowance is paid at a time and in total for the entire period of the decree, it is 100% of the average earnings for the previous 2 full years labor activity and is independent of experience gained.

In 2019, 2016 and 2017 are taken into account, while not taking into account: all periods of disability, caring for a newborn and a child under 3 years old, holidays at their own expense, training or advanced training, paid care for a disabled child.

The earnings for the previous two full years are summed up and divided by 730 days (731 in a leap year), and the average daily earnings are obtained, which is multiplied by the number of days in the maternity period (140, 156, 194 days). If the amount is less minimum wage labor (minimum wage), then the payment is made according to the relevant established minimum standards for the size of the insurance payment. Under the same conditions, payment is made to women who have worked less than 6 months. The amount of the maternity benefit in this case is 100% of the minimum wage, in 2018 it was 11,163 rubles, and from January 1, 2019 it will be 11,280 rubles. The indicator is calculated from the date of departure on maternity leave. From January 1, 2019, the minimum average daily wage is 370.85 rubles.

The minimum allowable amount of insurance payment for pregnancy and childbirth in 2019

With a decree lasting 140 days, the amount of payment will be 51,919 rubles;

With a decree lasting 156 days, the amount of the payment will be 57,852 rubles 6 kopecks;

With a decree lasting 194 days, the amount of payment will be 71,944 rubles 9 kopecks.

The maximum allowable amount of insurance payment for pregnancy and childbirth in 2019

The maximum amount of the allowance depends on the average earnings in the year from which contributions are made to social insurance in case of temporary disability and in connection with maternity. In 2019, the maximum average daily earnings for calculating benefits will be 2,150 rubles (1,570,000 rubles / 730 cal. days)

For ordinary births, the amount of payment should not exceed 301,000 rubles;

In complicated childbirth - 335,507 rubles 64 kopecks;

With multiple pregnancy - 417,233 rubles 86 kopecks.

How does maternity leave end?

Maternity leave must end in one of the following ways:

1. additional maternity leave as a result of the opening of the second list of disability (complicated childbirth or unforeseen multiple pregnancy);

2. the beginning of leave to care for a child under 3 years old (the mother can then go to work with a part-time work schedule);

3. the beginning of the planned annual leave;

4. the woman's exit to work (leave to care for a child up to 3 years old can be taken over by other family members).

When can maternity leave be extended?

As mentioned above, the decree can be extended in two cases:

1. At the birth of several children instead of one (thanks to ultrasound, multiple pregnancy is usually detected before childbirth, and maternity leave is issued based on it);
2. Complications in childbirth. Maternity leave is extended by increasing the second, postpartum part. In this case, an additional sick leave sheet is opened in the maternity hospital.

A woman who has given birth should write a statement to the employer with an attached copy of the second sick leave.

The extension of maternity leave is beneficial for the woman, since for the additional days of maternity leave she will receive an allowance in the amount of 100% of average salary and not the 40% due on parental leave. In this case, parental leave begins the day after the end of the additional sick leave.

Annual leave after maternity leave

A woman, if desired, after the end of maternity leave, can go on a planned leave and the employer does not have the right to refuse her. When receiving the next vacation, the duration of work and the drawn up vacation schedule are not taken into account. The employer is obliged to provide it and pay.

If some days from annual leave were not used before going on maternity leave, then they can be used after the end of maternity leave, or after parental leave for up to 3 years.

Although there is no ban on working during maternity leave, employers do not hire a woman until the maternity leave is completely over, since it is impossible to receive payments from the Social Insurance Fund and salary at the same time. Payments of benefits for pregnancy and childbirth in this case will have to be recalculated.

Therefore, most often, in order not to lose money, a woman can go to work only at the end of the decree and not go on parental leave. A woman must inform management of her desire to go to work 3 days before leaving. To do this, she needs to apply.

Resignation letter after maternity leave

The application is written in free form, following this pattern.

The application must indicate whether the woman wants to go full-time or part-time. If a woman works on a reduced schedule, then payments for child care up to 1.5 and 3 years should be preserved.

Dismissing a woman on maternity leave

On the basis of article 261 Labor Code RF, a pregnant woman and a mother caring for a child under 3 years old cannot be fired. The only exception is the liquidation of an enterprise.

What to look for when taking maternity leave

Legislators classified pregnant women as the category of persons that has the lowest level of social protection. That is why the Labor Code of the Russian Federation enshrined a number of their exclusive rights, which are subject to strict observance by employers. These include:

The right of pregnant employees to maternity leave;

The right to apply for annual leave before or after the decree;

The impossibility of dismissal, for any reason, except for the liquidation procedure of the enterprise;

Preservation of the workplace for the entire period of the decree;

Recognition of the entire period of a woman's maternity leave as a total length of service.

At its core, maternity leave refers to additional types of leave. It is only available to women who documentary order confirm their pregnancy and past natural childbirth. This period is given to young mothers to prepare for childbirth. The rights of women in this category are regulated federal laws. In case of their violation, it is necessary to apply for protection to the district prosecutor's office with an appropriate application.

Pregnancy and motherhood is a wonderful and exciting time in a woman's life. A young mother is waiting for a lot of impressions and experiences, it is very disappointing when they are supplemented by problems from work. Going on vacation, a woman devotes herself to caring for a newborn, while her financial situation must be stable and worthy. In our country, it has long been decided who pays for maternity leave - the state or the employer, and if the employee and the employer act within the law, the expectant mother has certain social and financial guarantees.

What is a decree

Decree in our country is a fairly well-known concept, although neither in legal nor in accounting practice it does not occur. Maternity leave and leave to care for a child up to one and a half (or three years) were colloquially combined in one word - decree.

Our country has financial support pregnant women and young mothers. Of course, the expectant mother does not care about who pays for maternity leave - the state or the employer - it is important for her not to be left without money in such a difficult period.

Documents for registration of maternity leave

The more you can see the tummy of the expectant mother, the more she is interested in how maternity leave is paid, what are its terms and how to get it. Documents for the calculation of benefits and legal absence from the workplace are submitted to the accounting department or the personnel department in several stages.

Before giving birth, a pregnant employee must provide:

1. Sick leave. This document is issued to the future woman in labor at the antenatal clinic. In it, the doctor indicates the expected date of delivery and other important information.
2. The employee personally writes a statement that she will be absent from the workplace for known reasons.
3. It is also necessary to write an application for the payment of benefits for pregnancy and childbirth.
4. Submit the certificate of registration to early dates pregnancy. She is also issued in the antenatal clinic.

Having received the documents, the employer prepares an order for the employee to go on maternity leave. After giving birth, the young mother will have to turn to the employer again with a different set of documents. A woman who is preparing to change her work routine to take care of a child needs to know how maternity sick leave is paid, and remember to submit documents on time so that financial difficulties were not cause for concern.

After giving birth, the company must transfer:

1. A copy of the birth certificate (show the original for comparison) of the child.
2. Application for benefits and paid leave up to one and a half years. If in the future the employee wishes to extend the leave until the age of three, she will have to write a new application.
3. A certificate from the father's place of work stating that he did not receive any payments.

Decree terms, or Time to prepare for childbirth and take care of the baby

After the manager signs the order, the pregnant employee can retire and devote herself entirely to preparing for the meeting with the baby.

The state has established how long paid maternity leave lasts. This period varies in the case of a complex course or multiple pregnancy. All these nuances are reflected by the doctor in the sick leave. It is the basis for an employee to go on vacation not at the thirtieth week of pregnancy (as it should be with normal health and a singleton pregnancy), but at the 28th. Of course, if constant medical supervision is necessary, it is better for a woman to prefer a hospital ward to work.

So, how many days are maternity leave paid:

1. If pregnancy and childbirth proceed without complications, then the payment will be made 140 days in advance (70 days before the significant day for the woman and 70 days after).
2. If the birth was considered difficult, the woman is supposed to be 86 days after birth.
3. When several babies are expected, the mother is given 84 days before delivery and 110 days after.

The maternity allowance is paid as a lump sum for all 140 days. The decree is paid in 100% of the average monthly salary of the employee (at the same time average daily earnings no more than 1335.62 rubles). She also has annual paid leave. She can take him away before going on maternity leave or extend their maternity leave.

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

How to receive benefits up to a year and a half

The last salary has long been spent, the first lump sum has been received, what other payments can be expected from the employer?

Firstly, it is important for mom to know how much maternity leave is paid. Secondly, she is interested in the amount and timing of payments.

Childcare leave will be paid to the woman monthly for a year and a half.

A happy mother does not need to worry about how maternity leave is paid, but in order to broaden their horizons and be able to calculate their expenses, women want to understand this issue.

Please note that the young mother must provide the employer with the documents mentioned above in advance.

Until the child reaches one and a half years, the employer is obliged to pay the employee 40% of her salary every month. average monthly earnings. The salary for the year preceding pregnancy is taken for calculation.

Return to the labor ranks. When is it possible to go to work

Unfortunately, not all mothers have the opportunity to stay at home and take care of their beloved child. Increasingly, mothers have to choose between a baby and a stable income.

The period of paid maternity leave is set to 1.5 years, and it cannot be extended. But a woman can extend her stay at home at her own expense. Workplace assigned to the maternity leave until her child reaches the age of three. It should be noted that these second year and a half are not included in the length of service.

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

We found out how much maternity leave is paid, let's figure out who has the right to use this leave.

Maternity leave just for moms?!

According to Russian legislation any relative who actually cares for the baby can go on parental leave. If a mother is forced to go to work, she can leave the child with her father, grandfather or grandmother, while their jobs will be preserved for them.

It is necessary to provide a "deputy" mother to the place of work:

1. Copy of birth certificate.
2. A certificate from the mother's place of work that she has returned to full-time work.
3. Statement.
4. Certificate of full payment of benefits.

It is important to note that a young mother can bring her parents or her husband's parents to the decree only if their age has not yet reached retirement age.

How to be an employer of an employee in an “interesting position”

Everyone says that in our country it is impossible to get a job while pregnant, and employers “do not like” employees who go on maternity leave. Let's look at this question through the eyes of an employer.

Firstly, pregnant women have guarantees and state protection. They cannot be fired, denied employment due to pregnancy, they may demand special conditions labor and behind them keeps the workplace.

Second, the employer wastes time and incurs losses hiring a new employee. He trains her, waits for her to understand all the intricacies of production, and over time, the employee leaves him, and he needs to find her a temporary replacement and start all over again with new employees. One day the time will come, and it will be necessary to resolve the issue with the maternity leave, return her, again give time for initiation into current affairs or fire her.

Thirdly, the submission of documents and financial settlements with the FSS and the employee. If the staff is small and only one accountant is provided, the work with each decree is significantly increased. Although in theory it is not so difficult.

Taking into account the above, it can be assumed that employers do not like maternity leave, but the additional worries that they entail. It is good if the employer is an adequate person and humanly rejoices for the subordinate. A competent employer always takes care of himself and his subordinates. He delivers on time and accurately. Required documents, complies with the law and accepts a new employee for the position of a future mother in advance, so that it is she who teaches him everything that he can and does at the enterprise.

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

Pregnancy, childbirth and childcare are insured event Therefore, the state pays these costs. Everything happens as follows:

• the employer promptly makes deductions from the employee's earnings to the FSS fund, from the first salary that she received at the enterprise and throughout the entire period of work;
• after the employee has brought the necessary documents, the employer makes a calculation and submits information to the FSS;
• The FSS transfers the required amount of payments to the employer's account;
• the employer transfers or pays the employee the due amount in cash.

If the employer cannot pay the employee the required amount in a timely manner, referring to the fact that the funds did not come from the FSS, the employee can contact the labor inspectorate or the prosecutor. Even if the FSS delays payments, the employer must pay the employee from own funds, and then compensate them with income.

Are only working women entitled to maternity benefits?!

We found out who pays for maternity leave - the state or the employer, what are the terms of the paid decree and what amounts can be counted on. It remains to deal with the categories of women who are entitled to benefits.

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

• officially employed, including individual entrepreneurs;
• full-time students;
• on the labor exchange.

The new procedure for assigning and calculating the amount of maternity payments, which entered into force on January 1, 2011, involves the use of the rule approved by the Government of the Russian Federation for determining the amount of maternity benefits based on the amount average wage based on the results of the two-year period preceding the year of maternity leave, or taking into account the established value the minimum wage(Minimum wage, from January 1, 2018, established in the amount of 9489 rub.).

Payments are due to all working women who apply in the form of social insurance for temporary disability and in connection with motherhood. maternity leave paid as a lump sum and in total for the entire vacation period provided for 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 when two or more children are born - 110 days (respectively, in total).

Accruals are made on the basis of the one presented at the place of work, which must be issued to a pregnant woman at the clinic (antenatal clinic) at the obstetric period of 30 weeks of pregnancy.

In addition to the disability certificate, an application for leave must be submitted to the accounting department at the place of work. A maternity allowance is assigned within 10 days from the date of application for its receipt, and payment is made on the next date of payment of wages at the enterprise.

How are maternity pay calculated?

According to the amendments to the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", from January 1, 2011, the procedure for calculating average earnings has changed, the value of which is used for calculation of maternity leave in 2018.

The amount of maternity benefits when leaving for the corresponding leave from the place of work is obtained by multiplying the received average daily wage:

The minimum amount of maternity payments in 2018 and the maximum

According to this minimum size maternity benefits in 2018, taking into account the average daily wage calculated according to the minimum wage, is:

• RUB 43615.65 - during normal childbirth (140 days);
• RUB 48600.30 - with complicated childbirth (156 days);
• RUB 60438.83 - with multiple pregnancy (194 days).

These lows will increase from May 1, 2018- on order Vladimir Putin, by this date, the minimum wage should be brought to the level living wage, approved by the Decree of the Government of the Russian Federation for the 2nd quarter of 2017 (11163 rubles in accordance with Decree No. 1119 of September 19, 2017). In proportion to this (that is, by 17.6%) from May 1, the minimum maternity pay will also increase.

Maximum Benefit is limited to the amount of average earnings from which contributions are made to social insurance in case of temporary disability and in connection with motherhood (the so-called « insurance base» ).

Although in 2018 its size is 815 thousand rubles, when calculating the benefit, the insurance base for the previous two years is taken - 2016 and 2017 (718 and 755 thousand rubles, respectively), based on which maximum dimensions maternity payments are now:

• RUB 282,106.70 - during normal childbirth;
• RUB 314,347.47 - with complicated childbirth;
• RUB 390,919.29 - with multiple pregnancy.

How much else do they pay on maternity leave and up to 1.5 years monthly?

• Women who have registered with a polyclinic or antenatal clinic before the 12th week of pregnancy are entitled to receive - subject to the presentation of an appropriate certificate from medical organization about early registration of the expectant mother.
• In addition to this, one of the parents (mother or father) is also paid at the place of work, amounting to 16,759.09 rubles.
• At the end of the decree, parental leave with the right to receive is calculated in the amount of 40% of the average salary, but not lower than the minimum amount established by law:
  • RUB 3788.33 for the first child (40% of the average monthly salary when calculated according to the minimum wage = 9489 rubles);
  • RUB 6284.65 - on the second and subsequent.

You should know that when several children are born at the same time, the above are made for each child (first, second and subsequent). The condition for obtaining is the presentation to the accounting department at the place of work of a birth certificate (original) obtained from the registry office, as well as references from work second parent and .

How to calculate maternity leave in 2018 (example and online calculator)

Consider the situation when a woman goes on maternity leave in January 2018 for a period of 140 days (normal pregnancy and childbirth without complications).

In this case, when establishing maternity payments ( , ), taking into account the approved calculation rules, income for the full 2016 and 2017 will be taken into account:

• Revenue for 2016 amounted to:
  • salary - 150,000 rubles;
  • vacation pay - 14,000 rubles;
  • sick leave - 6000 rubles. (14 days).
• Income for 2017:
  • salary - 200,000 rubles;
  • vacation pay - 17,000 rubles;
  • sick leave - 3000 rubles. (5 days).

Based on the above data, it is possible to calculate the amount of established maternity payments, using the formula:

• maternity allowance:
  (150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 140 = RUB 74915.73
• allowance for caring for a child up to 1.5 years:
  (150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 30.4 × 0.4 = RUB 6506.97

Since the benefits received are higher than them and do not exceed the maximum amounts 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.

The maternity allowance for these categories of citizens is set at the minimum fixed size ( - RUB 628.47 per month or 2888.73 rubles. for 140 days of decree).

In addition to the above, these categories of the unemployed (as well as in general to all unemployed persons, non-mandatory social insurance in case of temporary disability and in connection with motherhood) in the bodies of the Social Security of the population relies.