255 FZ Part 1 Article 15. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits. The amount of benefits is paid according to the law

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. The new version of 255-FZ was 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 by Federal Law of July 24, 2009 No. 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 child care set Federal law "On state benefits to citizens who have 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 to the social insurance fund 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, the federal fund of compulsory health 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 preservation wages In accordance with the legislation of the Russian Federation, if the continued wages for this period were 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, Fund Social insurance 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).

(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 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 Social Insurance Fund of the Russian Federation, the Federal Fund for 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 two calendar years, preceding the commerce holiday on maternity leave, child care leave.

(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.

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

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 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 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. 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).

2.2. 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 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 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-ФЗ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for 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).

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.

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

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).

2.2. 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.

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.

6. Lose strength.

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 mandatory social Insurance in case of temporary disability and due to motherhood

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 of 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

255-FZ dated December 29, 2006 regulates relations in the field of material support of women in the postpartum period and other needy persons on the hospital. The regulatory act has a circle of citizens with the right to cash payments. Consider the main provisions of the document.

Specificity of action

The law 255-FZ determines:

Types of material support.
Responsibilities I. legal opportunities Subjects of law.
Dimensions, order, conditions for granting material support.

The regulatory act "does not apply to relations relating to cash transfers to citizens who are not able to perform professional tasks due to production injuries or occupational diseases. Of this rule there are a number of exceptions. They are determined by the provisions of articles 12-15 of the certificate under consideration in a part not contrary to FZ No. 125.

Subject regulation

Normative act " On compulsory social insurance in case of temporary disability and due to motherhood " Determines situations in which subjects can count on material support. The document gives primarily the definition of risk. They are called a temporary loss of earnings or other income, citizen's remuneration due to the occurrence of an insured event. The costs of the subject or its relatives are equal to risks, if it is impossible to carry out their professional tasks in accordance with the job description.

When does the material support be supposed?

By temporary disability Performed with:

Impossibility to carry out activities due to injury or illness. The exceptions make up obtaining or carelessness, as well as other circumstances defined by 5 articles of the regulatory act under consideration.
Pregnancy and childbirth.
Care for juvenile up to 1.5 years.
The birth of children (child).
The death of a subject or a minor family member.

Types of security

These include payments:

Dimensions, conditions, the procedure for providing security establish regulatory acts No. 81 of May 19, 1995, No. 8 from 12 Jan. 1996, as well as Federal Law 255-FZ.

PRESENTS OF RIGHT

The 255-FZ law applies to:

Change

Consider some adjustment provisions into a regulatory act made several times. The changes, in particular, touched upon the procedure for calculating the magnitude of payments for minors, Bir, as well as on temporary disability. The rules establishes Article 14 of the Regulatory Act under consideration. In 2016, the amendments made by FZ No. 213 dated July 24, 2009, in this article, it is determined that the average earnings of a citizen are used in calculating amounts. He, in turn, is established for 2 years (calendar), which preceded the period of disability, vacation associated with the prenatal and generic periods, as well as departure for young. All periods of implementation are included on time. professional activityEven if she was conducted at other enterprises.

Comment

FZ 255 provides these rules only for situations in which the subject of law worked in different organizations within the two previous years is provided by the provision in one enterprise. If he is awarded amounts in each institution in which it consists in the state, the average earnings in the calculation is not accepted. If in both or in one of the two calendar years, a citizen stayed on maternity leave for minors or pregnancy / childbirth, the corresponding periods can be replaced to calculate, provided that this operation will lead to an increase in the amount of the provision. For this, the interested person writes a written statement.

Calculation of medium salary

255-FZ in new edition 2016 It establishes that all amounts listed in favor of the citizen are included in earnings. At the same time, contributions to the FSS, FFOMS, FFR should be deducted from them. The calculation is taken amounts to specified funds up to 31 dec. 2016. When determining the average earnings, the deductions established by the NK may also be taken into account. The last position is introduced from 1 Jan. 2017. The calculation scheme of earnings is defined as follows. The amount of accrued s / n for the article established in part 14 is divided into the number of calendar days in it. At the same time, the days that are related to periods are expelled:

Calculator for maternity manual and childbirth

First of all, it should be said that until 2013, 2 methods of calculation were used. Currently, the definition of the amount is carried out in one way. The following data is introduced into the Calculator for maternity benefits:

Delivery time. It depends on the number of children and the presence / absence of complications. 140 days is installed for one-lodge, trouble-free pregnancy, 156 - for problem and 194 - for multiple.
Earnings for 2 years. As mentioned above, this period is the year preceding the release period. At the same time, the date of hospital, not childbirth. In the calculation, you can only take the full year - from January 1 to December 31. The amount of earnings takes full, without deducting NDFL.
Estimated days. Their number is 730 or 731 (depending on whether the leap year falls during the period or not). From the number of days it is necessary to subtract: the term of the disease, holidays on the Bir or the care of minors, as well as the period of liberation from the fulfillment of professional duties while maintaining s / n and without deducting contributions to the funds.

It should be noted one nuance. No other periods can reduce the number of settlement days. So, if a woman worked directly for 2 years, only the rest of the time was unemployed, the number 730 (731) will be used in determining the amount.

Formulas for calculation

Sets the following rules of calculus. To determine the size of the daytime, in the loss of the possibility of performing professional duties, the Bir of average earnings is multiplied by the coefficient established by Art. 7 and 11.2. To calculate the monthly amount, the following formula is used. When it is determined, it is necessary to calculate the average value of earnings. It is calculated by multiplying day payments by 30.4. It, in turn, is determined by the rules 14 of the article (part 3.1 and 3.2). The magnitude of the monthly payout for minors is calculated by multiplying the average earnings on the coefficient, in accordance with Art. 11.2.

Betting

The Law 255-FZ establishes the coefficients in Art. 7 and 11.2. Calculation of amounts when losing the ability to perform professional tasks due to injury or disease is carried out using interest rates from average earnings. They are established depending on the duration of the insurance experience:

8 years and more - 100%.
5-8 years old - 80%.
Up to 5 years - 60%.

The exception is the situation when injury or disease occurred within a month from the date of termination labor relationship. In these cases, the rate is 60% of the average s / n.

Care for sick young

In the case of an outpatient treatment during the first 10 days (calendar), the amount is calculated in accordance with the rates specified in the 7 article (part 1), in the amount of 50% in the following days. When the child is at the hospital, the order of part 7 of the article is used. Similar rules are valid for cases of need to care for a sick relative, except for children under 15 years old, with outpatient treatment.

Monthly security

Minors' care allowance is accrued in the amount of 40% of middle size Earn money. At the same time the size of the resulting amount should not be below the established regulatory acts For those who have children. When careing for two and more juvenile, which has reached 1.5 years, the size of the provision is summed up. At the same time, its value cannot be more than 100% of the average earnings of a citizen established in accordance with Art. 14. When calculating monthly sums On the second and subsequent children, previous juvenile are taken into account, including adopted. The exceptions are cases when the mother is deprived of parental rights.

Federal Law of the Russian Federation

"On compulsory social insurance in case of temporary disability and due to motherhood"

Adopted by the State Duma 20.12.2006
Approved by the Federation Council 27.12.2006
Published on 06/30/2014

Asked by: 09.02.2009 N 13-FZ;
07/24/2009 N 213-FZ; 09/28/2010 N 243-FZ;
08.12.2010 N 343-FZ; 02/25/2011 N 21-FZ;
07/01/2011 N 169-FZ; 11/28/2011 N 339-FZ;
03.12.2011 N 379-FZ; 12/29/2012 N 276-FZ;
04/05/2013 N 36-FZ; 07/02/2013 N 185-FZ;
07/23/2013 N 243-FZ; 25.11.2013 N 317-FZ;
04/02/2014 N 59-FZ; 07/28/2014 N 192-FZ

Chapter 1. General

Article 1. Subject to regulation of this Federal Law

Note:
On the issue concerning providing maternity benefits, see also the Federal Law of 19.05.1995 N 81-FZ.

1. This Federal Law regulates the legal relationship in the system of compulsory social insurance in case of temporary disability and due to motherhood, determines the circle of persons subject to compulsory social insurance in case of temporary disability and due to motherhood, and the types of compulsory insurance provisions provided by them establishes rights and the obligations of the subjects of compulsory social insurance in case of temporary disability and due to motherhood, as well as determines the conditions, size and procedure for providing temporary disability benefits, for pregnancy and childbirth, monthly benefits for the care of citizens who are subject to compulsory social insurance in case of temporary disability and due to maternity.

(Part of the first as amended by Federal Law of July 24, 2009 No. 213-FZ)

2. This Federal Law does not apply to relations related to providing citizens to temporary disability benefits due to an accident at work or professional disease, With the exception of the provisions ,,,, this federal law, applied to the specified relations in the part, not contrary to the Federal Law of July 24, 1998, N 125-FZ "On compulsory social insurance against accidents in production and occupational diseases."

(as amended by the Federal Law of 05.04.2013 N 36-FZ)

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

1. The legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood is based on the Constitution of the Russian Federation and consists of this Federal Law, the Federal Law of July 16, 1999 N 165-FZ "On the Fundamental Social Insurance", federal The 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 Compulsory Medical Insurance" (hereinafter - the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Social Insurance Fund Of the Russian Federation, the Federal Fund of Compulsory Medical Insurance "), other federal laws. Relationships related to compulsory social insurance in case of temporary disability and due to motherhood are also regulated by other regulatory legal acts of the Russian Federation.

(as amended by federal laws from 08.12.2010 N 343-FZ, from 29.12.2012 N 276-FZ)

2. In cases where the international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, the rules of the International Treaty of the Russian Federation are applied.

3. For the purpose of the uniform application of this Federal Law, if necessary, appropriate explanations may be published in the manner determined by the Government of the Russian Federation.

Article 1.2. The basic concepts used in this Federal Law

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

1. For the purposes of this Federal Law, the following basic concepts are used:

1) compulsory social insurance in case of temporary disability and due to motherhood - the system of legal, economic and organizational measures created to compensate for citizens of lost earnings (payments, remunerations) or additional costs due to the onset of an insured event on compulsory social insurance on case of temporary disability and due to motherhood;

2) an insured event for compulsory social insurance in case of temporary disability and in connection with the motherhood - the accomplishment of the event, with the onset of which the obligation of the insurer arises, and in some cases established by this Federal Law, the Insured to implement insurance provision;

3) compulsory insurance provision for compulsory social insurance in case of temporary disability and due to maternity (hereinafter also - insurance provision) - execution by the insurer, and in some cases established by this Federal Law, the insured of its obligations to the insured person when an insured event occurred through payments for benefits established by this Federal Law;

4) means of compulsory social insurance in case of temporary disability and due to motherhood - funds formed by paying insured premiums for compulsory social insurance in case of temporary disability and due to motherhood, as well as property in operational insurer management;

5) insurance premiums for compulsory social insurance in case of temporary disability and due to motherhood (hereinafter - insurance premiums) - Mandatory payments made by the Insured to the Social Insurance Fund of the Russian Federation in order to ensure compulsory social insurance of insured persons in case of temporary disability and in connection with motherhood;

6) Middle earnings - the average amount paid by the Insured in favor of the insured person in the estimated period of wages, other payments and remuneration, based on which, in accordance with this Federal Law, allowances for temporary disability, pregnancy and childbirth, monthly child care allowance And for persons voluntarily entered into legal relationships on compulsory social insurance in case of temporary disability and due to motherhood, the minimum wage set by federal law on the day of the insured event.

2. Other concepts and terms used in this Federal Law are applied in the meaning in which they are used in other legislative acts of the Russian Federation.

Article 1.3. Insurance risks and insured cases

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

1. Insurance risks on compulsory social insurance in case of temporary disability and in connection with the motherhood, the temporary loss of earnings or other payments, remuneration of the insured person in connection with the onset of the insured event or additional expenses of the insured person or his family's members in connection with the onset of the insured event.

2. Insurance cases on compulsory social insurance in case of temporary disability and in connection with the motherhood are recognized:

1) the temporary disability of the insured person due to the disease or injury (with the exception of temporary disability due to industrial accidents and occupational diseases) and in other cases provided for in this Federal Law;

2) pregnancy and childbirth;

3) the birth of a child (children);

4) care for the child until they reach the age of one and a half years;

5) Death of the insured person or a minor member of his family.

Article 1.4. Types of insurance provisions

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

1. Types of insurance coverage for compulsory social insurance in case of temporary disability and due to maternity are the following payments:

1) temporary disability allowance;

2) maternity allowance;

3) a one-time allowance for women in medical organizations in early deadlines pregnancy;

4) a one-time allowance at the birth of a child;

5) Monthly child care allowance;

6) Social burial allowance.

2. Conditions, dimensions and procedure for payment of insurance support for compulsory social insurance in case of temporary disability and due to maternity are determined by this Federal Law, the Federal Law of May 19, 1995 N 81-FZ "On State Guidelines for Citizens Having" (hereinafter - Federal Law "On Public Guides to Citizens, Having Children"), Federal Law of January 12, 1996 N 8-FZ "On the burial and funeral business" (hereinafter referred to as the Federal Law "On the burial and funeral business").

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

1. Mandatory social insurance in case of temporary disability and in connection with the motherhood citizens of the Russian Federation are subject to constant, as well as constantly or temporarily living in the territory of the Russian Federation foreign citizens and stateless persons:

1) persons working on labor contracts, including managers of organizations that are the only participants (founders), members of organizations, owners of their property;

(as amended by Federal Law of 03.12.2011 N 379-FZ)

2) state civil servants, municipal employees;

3) persons who replace state positions of the Russian Federation, state positions of the constituent entity of the Russian Federation, as well as municipal positions substituted on an ongoing basis;

4) members of the production cooperative who accept personal labor participation in its activities;

5) priests;

6) Persons convicted of imprisonment and attracted to paid work.

2. Persons subject to compulsory social insurance in case of temporary disability and due to maternity in accordance with this Federal Law are insured persons.

3. Lawyers, individual entrepreneurs, members of the peasant (farmer) farms, individuals who are not recognized by individual entrepreneurs (notaries engaged in private practice, other persons involved in the procedure established by the legislation of the Russian Federation by private practice), members of family (generic) communities of indigenous small The peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with the maternity in the event that they voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with the motherhood and pay insurance premiums in accordance with this Federal Law.

4. The insured persons are entitled to receive insurance support subject to the conditions provided for by this Federal Law, as well as by the Federal Law "On State Guidelines for Citizens Having Cities" and the Federal Law "On the burial and funeral business". Persons who voluntarily entered into relations on compulsory social insurance in case of temporary disability and due to motherhood acquire the right to receive insurance coverage, subject to the payment of insurance premiums during the period defined this Federal Law.

5. Persons working on employment contracts, for the purposes of this Federal Law, individuals that have entered into the established manner of the employment contract, from the day from the day they had to start work, as well as persons actually admitted to work in accordance with labor laws.

6. Legislative, regulatory legal acts of the Russian Federation, the constituent entities of the Russian Federation may establish other payments to ensure federal civil servants, state civil servants of the constituent entities of the Russian Federation in case of temporary disability and due to maternity funded according to funds federal budget, budgets of constituent entities of the Russian Federation.

Article 2.1. Insured

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

1. Insurers on compulsory social insurance in case of temporary disability and in connection with the maternity are persons who payments to individuals subject to compulsory social insurance in case of temporary disability and due to motherhood in accordance with this Federal Law, including:

1) organization - legal entitiesformed in accordance with the legislation of the Russian Federation, as well as foreign legal entities, companies and other corporate entities with civil legal capacity created in accordance with the legislation foreign states, international organizations, branches and representation of these foreign persons and international organizations created in the territory of the Russian Federation;

2) individual entrepreneurs, including the heads of peasant (farmer) farms;

3) individuals who are not recognized by individual entrepreneurs.

2. For the purposes of this Federal Law, lawyers, individual entrepreneurs, members of the peasant (farmer) farms, individuals who are not recognized by individual entrepreneurs (notaries engaged in private practice, other persons involved in the established legislation of the Russian Federation by private practice), Members of family (generic) communities of indigenous small peoples of the North, who voluntarily entered into relations on compulsory social insurance in case of temporary disability and due to maternity in accordance with this Federal Law. These individuals carry out rights and carry the insurers stipulated by this Federal Law, with the exception of the rights and obligations related to the payment of insurance provision to the insured persons.

3. If the policyholder simultaneously relates to several categories of insurers specified in and this article, calculation and payment of insurance premiums are made to them for each basis.

Article 2.2. Insurer

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

1. Mandatory social insurance in case of temporary disability and in connection with the motherhood is carried out by the Insurer who is the Social Insurance Fund of the Russian Federation.

2. The Social Insurance Fund of the Russian Federation and its territorial bodies constitute a single centralized system of management bodies of compulsory social insurance in case of temporary disability and due to maternity.

Note:
For the Social Insurance Fund of the Russian Federation, see Decree of the President of the Russian Federation of 07.08.1992 N 822 and the Decree of the Government of the Russian Federation of 12.02.1994 N 101.

3. The legal status and procedure for organizing the activities of the Social Insurance Fund of the Russian Federation are determined by federal law.

Article 2.3. Registration and deregistration of insurers

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

1. Registration of insurers is carried out in the territorial authorities of the Insurer:

1) policyholders - legal entities in a period not exceeding three working days from the date of submission to the territorial authority of the insurer by the federal executive body exercising state registration legal entities, information contained in the Unified State Register of Legal Entities and submitted in the manner determined by the authorized government of the Russian Federation by the federal executive authority;

(as amended by Federal Law of 02.04.2014 N 59-FZ)

2) Insurers - legal entities at the location separate divisionshaving a separate balance sheet account and accrunetary payments and other remuneration individuals, on the basis of an application for registration as an insurer, submitted on time no later than 30 days from the date of creation of such a separate division;

3) Insurers - individuals who have entered into an employment contract with an employee, at the place of residence of these individuals on the basis of an application for registration as an insurer, submitted on time no later than 10 days from the date of the conclusion of an employment contract with the first of the received employees.

1.1. The document confirming the fact of the registration of the insureders specified in this article is sent by the territorial authority of the insurer to the insurer using information and telecommunication networks common use, including the Internet "Internet", including a single portal of state and municipal services, in the form of an electronic document signed by the reinforced qualified electronic signature, at the address of e-mail contained in the composition of the information of the Unified State Register of Legal Entities (when specifying the email address in a statement registration statement), submitted by the federal executive body, carrying out the state registration of legal entities into the territorial authorities of the Insurer. Obtaining in writing on paper confirmation of this registration is not mandatory for the insured. Such a document is issued at the request of the insured by the territorial authority of the insurer in a period not exceeding three working days from the date of receipt of the relevant request.

(Part 1.1 introduced by Federal Law of 02.04.2014 N 59-FZ)

2. Removal from the registration accounting of insurers is carried out at the place of registration in the territorial authorities of the Insurer:

1) policyholders - legal entities within the five-day period from the date of submission to the territorial authorities of the Insurer by the federal executive authority, carrying out the state registration of legal entities, information contained in the Unified State Register of Legal Entities, in the manner determined by the authorized government of the Russian Federation by the federal executive authority;

2) Insurers - legal entities at the location of separate divisions with a separate balance sheet, a settlement account and payments and other remuneration in favor of individuals (in case of closing a separate division or termination of powers to conduct a separate balance, a current account or accrual of payments and other remuneration in favor of individuals), in the fourteenty-day period from the date of submission by the insured statement of deregistration at the location of such a unit;

3) Insurers - individuals who have concluded an employment contract with an employee (in case of termination of an employment contract with the last of the adopted employees), within the fourteenty-day period from the date of submission by the insured statement of decisions.

3. The procedure for registering and withdrawing from the registration accounting of the insurers specified in and this article, and persons equated to the Insured for the purposes of this Federal Law, is established by the federal executive body carrying out functions to work out public Policy and regulatory legal regulation in social insurance.

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

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

1. Financial support for the payment of insurance provision by insured persons is carried out at the expense of the budget of the Social Insurance Fund of the Russian Federation, as well as at the expense of the insurer in cases provided for in this article.

2. Temporary disability allowance in the cases specified in this Federal Law, is paid:

1) Insured persons (with the exception of insured persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and due to motherhood in accordance with this Federal Law) for the first three days of temporary disability at the expense of the insurer, and for the rest of the period from the 4th day of temporary disability at the expense of the budget of the Social Insurance Fund of the Russian Federation;

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

2) Insured persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and due to maternity in accordance with this Federal Law, at the expense of the budget of the Social Insurance Fund of the Russian Federation from the 1st day of temporary disability.

3. Template for temporary disability in cases provided for by this Federal Law is paid to the insured persons at the expense of the budget of the Social Insurance Fund of the Russian Federation from the 1st day of temporary disability.

4. Financial support for additional costs for temporary disability benefits, pregnancy and childbirth associated with the insurance experience of the insured person specified in this federal law of service periods during which a citizen has not been subject to compulsory social insurance in case of temporary disability and in connection With motherhood, is carried out at the expense of inter-budget transfers from the federal budget provided to these goals of the Budget of the Social Insurance Fund of the Russian Federation. The determination of the volume of intergovernmental transfers from the federal budget provided by the budget of the Social Insurance Fund of the Russian Federation to finance additional expenses, in part of the periods of the specified service, which took place before January 1, 2007, is not made if these periods are taken into account when determining the duration of the insurance experience in accordance with this Federal Law.

5. In cases established by the laws of the Russian Federation, federal laws, financial support for the payment of insurance coverage in size exerted by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood is carried out at the expense of inter-budget transfers from the federal budget provided. On these goals, the budget of the Social Insurance Fund of the Russian Federation.

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

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

The provision of insurance provision to persons convicted of imprisonment and attracted to paid work is carried out in the manner determined by the Government of the Russian Federation.

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

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

Article 4.1. Rights and obligations of insurers

1. Insureders have the right:

1) contact the insurer for receiving funds necessary for the payment of insurance provision to the insured persons over the accrued insurance premiums;

2) to receive information on the insurer information on regulatory legal acts on compulsory social insurance in case of temporary disability and due to motherhood;

3) contact the court to protect their rights;

4) to verify the information about the Insured (Insured) issued (issued) to the Insured Help (certificates) on the amount of wages, other payments and remuneration (hereinafter referred to as a certificate of earnings) for the calculation of temporary disability benefits, pregnancy and childbirth, Monthly benefit on child care, by sending a request to the territorial body of the Insurer in form and in the manner, which are established by the federal executive body that performs functions to develop public policies and regulatory legal regulation in social insurance.

(p. 4 introduced by Federal Law of 08.12.2010 N 343-FZ)

2. The insureders are required:

1) register in the territorial authority of the Insurer in cases and the procedure that this Federal Law is established;

2) timely and fully pay insurance premiums to the Social Insurance Fund of the Russian Federation;

3) in accordance with the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood, to pay insurance providing insurance provisions in the occurrence of insured cases provided for by this Federal Law, as well as to issue an insured person on the day of termination of work (service, other Activity) or on a written statement of the insured person after the termination of the work (service, other activities) for this policyholder no later than three working days from the date of this statement a certificate of earnings for the two calendar years preceding the year of termination of work (service, other activities) or The year of applying for a certificate of income amount, and the current calendar year on which insurance premiums were accrued, and the number of calendar days following the periods of temporary disability, maternity leave, childcare leave, Perio ED of the employee's liberation from working with full or partial salary preservation in accordance with the legislation of the Russian Federation, if the insurance premiums in the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "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 "was not charged, in form and in accordance with the procedure established by the federal executive authority, carrying out functions on the development of public policy and regulatory legal regulation in the field of social insurance;

(p. 3 as amended by Federal Law of December 29, 2012 N 276-FZ)

4) keep records and reports on accrued and paid insurance premiums to the Social Insurance Fund of the Russian Federation and expenses for the payment of insurance provisions to the insured persons;

5) comply with the requirements of the territorial authorities of the Insurer to eliminate the violations of the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood;

6) to verify in the territorial authorities of the Insurer documents related to the accrual of the payment of insurance premiums in the Social Insurance Fund of the Russian Federation and expenses for the payment of insurance provision to the insured persons;

7) to report to the territorial authorities of the insurer on the establishment, transformation or closure of the separate divisions specified in this Federal Law, as well as the change in their location and name;

8) carry out other duties stipulated by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood.

3. The rights and obligations of insurers as payers of insurance premiums are established by the Federal Law "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."

Article 4.2. Rights and obligations of the insurer

1. The insurer has the right:

1) carry out inspection of the correctness of the accrual and payment of insurance premiums by the Insured to the Social Insurance Fund of the Russian Federation, as well as the payment of insurance provision to the insured persons, to demand and receive the necessary documents and explanations from the Insured on issues arising during the inspections;

2) request from insured documents related to the accrual and payment of insurance premiums to the Social Insurance Fund of the Russian Federation, expenses for the payment of insurance provision by insured persons, including when allocating funds in specified expenses excess of accrued insurance premiums;

2.1) Request from the insured information about the remains money In the accounts of the insured in credit organizations and on the insufficiency of funds in the accounts of the Insured in credit institutions to meet all the requirements for accounts in the event of the insurer's appeal to the territorial authority of the Insurer in accordance with this Federal Law;

(p. 2.1 introduced by Federal Law of 07.23.2013 N 243-FZ)

3) receive information about the social security funds of the Russian Federation for insurance premiums, penalties, penalties received from the federal treasury bodies.

4) Do not accept the expense of the payment of insurance premiums to pay insurance provisions to the insured persons made by the Insured with violation of the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood, not confirmed by documents made on the basis of incorrectly executed or issued with a violation of the established procedure of documents;

5) in accordance with the procedure established by the Russian Federation by the Russian Federation by the federal executive authority, checking compliance with the procedure for issuing, extension and registration of disability leaves;

6) to present claims to medical organizations on reimbursement of the amount of insurance expenditures on unreasonably issued or incorrectly derived disability leaves;

7) to represent the interests of insured persons before insured;

7.1) In the cases specified in this Federal Law, requesting documents (information) necessary to provide free assistance to the insured person in the form of a compilation of applications, complaints, petitions and other legal documents, as well as in the form of the interests of the Insured in the courts, appointments and payments and payments and documents (information) confirming the existence of the grounds provided for in this Federal Law, at the insured or the insured person, if the necessary documents (information) are not at the disposal of state bodies, state bodies extrabudgetary funds, local self-government bodies or subordinate to state bodies or local government organizations or if the necessary documents (information) are included in the N 210-FZ "on the organization of the provision of state and municipal services" a list of documents on July 27, 2010. Other necessary documents (information) are requested by the insurer in state bodies, local governments and subordinate government agencies or local authorities organizations. In cases provided for by this Federal Law, the Insured or the Insured person has the right to submit the documents necessary for the appointment and payment of the Documents in full own initiative;

(clause 7.1 introduced by the Federal Law of July 1, 2011 No. 169-FZ. As of the Federal Law of July 28, 2014 No. 192-FZ)

7.2) Included in credit organizations information about cash balances in the accounts of the insured and the insufficiency of funds in the accounts of the insured to meet all the requirements presented to accounts, if the specified information was not submitted by the Insured to the Territorial Insurer body, when deciding on the appointment and payment of benefits the territorial authority of the Insurer in accordance with the Federal Law in case of the impossibility of their payment by the Insured due to the insufficiency of funds on his accounts in credit institutions to meet all the requirements of the claims;

(Section 7.2 introduced by Federal Law of July 23, 2013 N 243-FZ)

8) to carry out other powers established by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood.

2. The insurer must:

1) carry out management means of compulsory social insurance in case of temporary disability and due to motherhood in accordance with the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood and budget legislation of the Russian Federation;

2) to draw up a draft budget of the Social Insurance Fund of the Russian Federation and to fulfill the budget of the Social Insurance Fund of the Russian Federation in accordance with the budget legislation of the Russian Federation;

3) lead in the prescribed manner accounting of funds for compulsory social insurance in case of temporary disability and due to motherhood;

4) to draw up a draft report on the execution of the budget of the Social Insurance Fund of the Russian Federation, as well as established budget reports;

5) carry out control over the correctness of the calculation, the completeness and timeliness of payment (transfer) of insurance premiums to the social insurance fund of the Russian Federation (hereinafter - control over the payment of insurance premiums), as well as control over compliance with the laws of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood when paying insurance to the insured persons;

6) to implement in cases established by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood, the payment of insurance provision to the insured persons;

7) allocate policyholders in the necessary funds for the payment of insurance premiums in accordance with the insurance premiums accrued;

8) to register insurers, to keep the register of insurers;

9) keep records of individuals who have voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and due to motherhood, as well as insurance premiums paid by them and the amounts paid to them;

10) to advise free insuranceiers and insured persons on the application of the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood;

10 1) To provide free assistance to the insured person necessary to obtain insurance provisions in accordance with Part 4 of Article 13 of this Federal Law, in accordance with the procedure established by the federal executive body, performing functions to develop public policies and regulatory legal regulation in social insurance, in the form of drawing up applications, complaints, petitions and other documents, as well as in the form of an insured person in courts in the event that the insured person declares written about the need to provide it with the specified assistance and agrees to obtain and process its personal data;

(clause 10 1 introduced by Federal Law of July 28, 2014 No. 192-ФЗ)

11) No disclosure without the consent of the insured person about the results of its medical examinations (diagnosis) obtained by their income, except in cases provided for by the legislation of the Russian Federation;

12) fulfill the other requirements established by the legislation of the Russian Federation.

3. The rights and obligations of the insurer associated with the implementation of control over the payment of insurance premiums are established by the Federal Law "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."

(as amended by the Federal Law of December 29, 2012 N 276-FZ)

Article 4.3. Rights and obligations of insured persons

1. The insured persons have the right:

1) in a timely manner and fully obtain insurance provision in accordance with the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood;

2) to be freely receiving from the insured certificate of the amount of earnings, as well as information on the accrual of insurance premiums and monitor their transfer to the Social Insurance Fund of the Russian Federation;

3) contact the insured and insurer for consultations on the application of the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood, as well as contact the insurer for free help required to obtain insurance provisions in accordance with Part 4 of Article 13 of this Federal law, in the form of drawing up applications, complaints, petitions and other documents of a legal nature, as well as in the form of representing the interests of the insured person in the courts;

(as amended by the Federal Law of July 28, 2014 No. 192-ФЗ)

4) contact the insurer with a request for checking the correctness of the payment by the insured policy;

5) Protect your rights personally or through a representative, including in court.

2. The insured persons are required:

1) to submit to the insured, and in cases established by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood, the insurer, reliable documents (information), on the basis of which insurance provision is paid and (or) the insurer turns out free help Insured in the form of compiling applications, complaints, petitions and other legal documents, as well as in the form of an insured person's interest in the courts necessary to obtain insurance provisions in accordance with Part 4 of Article 13 of this Federal Law;

2) notify the insured (insurer) about the circumstances affecting the conditions for the provision and the amount of insurance provision within 10 days from the date of their occurrence;

3) comply with the treatment regime, determined for the period of temporary disability, and the rules for the patient's behavior in medical organizations;

4) to carry out other requirements established by the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with the motherhood.

3. In the event of non-fulfillment by the insured persons established by this article, the insurer has the right to recover the damage to them in accordance with the legislation of the Russian Federation.

Chapter 1.2. Features of payment of insurance premiums

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

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

Legal regulation of relations related to the payment of insurance premiums by the insureders specified in this Federal Law, including the definition of the object of taxing by insurance premiums, the bases for the accrual of insurance premiums, the amounts not subject to the procedure for insurance premiums, the establishment of the procedure for calculating, order and terms of payment of insurance premiums , carried out by federal law "On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance."

(as amended by the Federal Law of December 29, 2012 N 276-FZ)

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

1. The persons listed in this Federal Law entered into legal relations on compulsory social insurance in case of temporary disability and due to motherhood by submitting an application to the territorial body of the insurer at the place of residence.

2. Persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and due to motherhood, pay insurance premiums to the Social Insurance Fund of the Russian Federation, based on the cost insurance yeardefined in accordance with this article.

3. The cost of the insurance year is defined as a work of the minimum amount of wages established by the Federal Law at the beginning of the fiscal year, for which the insurance premiums are paid, and the faculty facility facilities established by the Federal Law "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 "in terms of insurance premiums to the Social Insurance Fund of the Russian Federation, increased by 12 times.

(as amended by the Federal Law of December 29, 2012 N 276-FZ)

4. Payment of insurance premiums by persons who have voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and due to motherhood is made no later than December 31 of the current year since the year of submission of a voluntary entry into legal relationship on compulsory social insurance in case of temporary disability and in connection with maternity.

5. Persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with the motherhood, transfer insurance premiums to the accounts of the territorial authorities of the Insurer through non-cash settlements, or by making cash in a credit institution or by postal transfer.

6. Persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with the motherhood acquire the right to receive insurance coverage, subject to payment by them in accordance with this article insurance premiums in the amount determined in accordance with this article, for The calendar year preceding the calendar year in which the insured event occurred.

7. In the event that a person who has voluntarily entered into legal relationships on compulsory social insurance in case of temporary disability and due to motherhood, did not pay insurance premiums for the relevant calendar year due to December 31 of the current year, having had a legal relationship between him and the insurer for the obligatory Social insurance in case of temporary disability and due to maternity is considered cessants.

8. The procedure for payment of insurance premiums by persons who have voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with the motherhood, including the procedure for termination of legal relations on compulsory social insurance in case of temporary disability and due to motherhood, is determined by the Government Russian Federation.

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

1. The insurers specified in this Federal Law pay insurance provision to insured to the payment of insurance premiums to the Social Insurance Fund of the Russian Federation, except in the cases specified in this Federal Law, when the payment of insurance support is carried out at the expense of insurers.

2. The amount of insurance premiums to be transferred to the insureders listed in this Federal Law, to the Social Insurance Fund of the Russian Federation, decreases by the amount of costs made by them for the payment of insurance provision to the insured persons. If the insurance contributions accrued by the insured is not enough to pay insured to the insured persons in full, the policyholder addresses the necessary funds to the territorial authority of the insurer at the place of its registration.

2.1. If the territorial body of the Insurer in accordance with this Federal Law made an insured person to the appointment and payment of benefits for temporary disability, for pregnancy and childbirth, a monthly child care allowance, then upon receipt of the insured person from the insured amount of these benefits in connection with the cessation of circumstances, the presence which was the basis for the appointment and payment of relevant benefits to the territorial authority of the Insurer, the amount of insurance premiums payable to such an insurer to the social insurance fund of the Russian Federation is not to be reduced by the amount of expenditures produced by the Insured to pay benefits to the insured person to whom the territorial body of the Insurer made the payment of this manual .

(Part 2.1 is introduced by federal law of 29.12.2012 N 276-FZ)

3. The territorial authority of the Insurer allocates the insured the necessary funds for the payment of insurance support within 10 calendar days from the date of submission by the insured of all the necessary documents, except in the cases specified in this article. The list of documents that should be represented by the Insured is determined by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the sphere of social insurance.

3.1. In case of insufficiency of funds in the accounts of the insured in credit institutions, the territorial body of the Insurer decides to refuse to allocate the insurer of the necessary funds for the payment of insurance provision.

(Part 3.1 introduced by Federal Law of 07/23/2013 N 243-FZ)

4. When considering the insurer's appeal to allocate the necessary funds for the payment of insurance support, the territorial body of the Insurer has the right to check the correctness and reasonableness of the Insured expenditures on the payment of insurance provisions, including the on-site inspection, in the manner prescribed by this Federal Law, and also requested the policyholder additional information and documents. In this case, the decision on the allocation of these funds is made by the results of the inspection.

5. In case of refusal to highlight the insured of the necessary funds for the payment of insurance support, the territorial body of the Insurer makes a reasoned decision that is sent to the Insurer within three days from the date of decision.

6. The decision to refuse to highlight the insured of the necessary funds for the payment of insurance provisions may be appealed to them in higher organ Insurer or to court.

7. Funds for the payment of insurance support (with the exception of payment of temporary disability benefits while losing disability due to the disease or injury in the first three days of temporary disability) to the insured persons who work on labor contracts concluded with organizations and individual entrepreneurs for which reduced tariffs are applied insurance premiums in accordance with the parts of 3.3 and 3.4 of Article 58 and with Article 58.1 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance," is allocated to these organizations and individual entrepreneurs in the territorial authorities of the Insurer in The procedure established by this article, at the place of their registration as insurers.

(Part 7 as amended by Federal Law of December 29, 2012 N 276-FZ)

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

Note:
By order of the FSS of Russia dated 09.03.2010 N 37, the recommended forms of documents were approved when checking the correctness of the expenses of insured to pay insurance support for compulsory social insurance in case of temporary disability and due to maternity.

1. The territorial body of the Insurer at the place of registration of the policyholder conducts cameras and exit checks the correctness of the Insured spending on the payment of insurance provisions.

2. Exit insured checks are carried out more than three years, except in the cases specified in this Federal Law and in this article.

3. In the event of a complaint of the insured person on the failure of the insured in the payment of insurance provision or the incorrect definition of the insurer of the size of the insurance provision, the territorial body of the insurer is entitled to carry out an unscheduled field verification of the proper expenditure of the insured for the payment of insurance provision.

4. In case of detection of expenses for the payment of insurance provisions made by the Insured with violation of the legislation of the Russian Federation on compulsory social insurance in case of temporary disability and due to motherhood, not confirmed by documents made on the basis of incorrectly decorated or issued in violation of the established procedure, territorial The insurer authority, which conducted an inspection, makes a decision on the failure to pay such expenses to the offset for the payment of insurance premiums to the Social Insurance Fund of the Russian Federation.

5. The decision on non-acceptance to the offset of expenses for the payment of insurance coverage, together with the requirement to compensation, is sent to the Insurer within three days from the date of the decision. Forms of decision on non-acceptance to the offset of expenses for the payment of insurance support and the requirements for their compensation are approved by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the field of social insurance.

6. In the event that, in the period established in the specified requirement, the insured did not make reimbursement of expenses not accepted for a test, the decision to overturn to the offset of expenses for the payment of insurance support is the basis for recovery from the insured of arrears of insurance premiums formed as a result of implementation Such expenses. The recovery of arrears on insurance premiums is carried out by the insurer in the manner prescribed by the Federal Law "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."

(as amended by the Federal Law of December 29, 2012 N 276-FZ)

7. Field checks for the correctness of the expense of the insured for the payment of insurance support are carried out by the insurer at the same time exit Checkers The policyholder on the correctness of the calculation, completeness and timeliness of payment (transfer) of insurance premiums to the Social Insurance Fund of the Russian Federation, with the exception of the cases specified in this Federal Law and in this article.

Article 4.8. Accounting and accounting of insured

1. The insurers specified in this Federal Law are obliged in the manner prescribed by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the field of social insurance.

1) the sums of accrued and paid (listed) insurance premiums, penalties and fines;

2) amounts of expenses for the payment of insurance support;

3) settlements by means of compulsory social insurance in case of temporary disability and in connection with the maternity with the territorial authority of the insurer at the place of registration of the policyholder.

2. Quickly no later than the 15th day of the month following the past quarter, the insureders specified in this Federal Law are obliged to submit to the territorial authorities of the Insurer reports (calculations) in the form approved by the federal executive authority that performs functions to develop public policy and Regulatory legal regulation in social insurance, about amounts:

1) accrued insurance premiums in the Social Insurance Fund of the Russian Federation;

2) funds used to pay insurance;

3) expenses for the payment of insurance provisions to be offset to the payment of insurance premiums in the Social Insurance Fund of the Russian Federation;

4) insurance premiums, penalties, fines paid to the Social Insurance Fund of the Russian Federation.

3. Forms of reports (calculations) submitted by persons who have voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with the motherhood in accordance with this Federal Law, as well as the deadlines and the procedure for their submission are approved by the federal executive authority. on the development of public policy and regulatory legal regulation in the field of social insurance.

Chapter 2. Providing temporary disability benefits

Article 5. Cases provide temporary disability benefits

Note:
Resolution of the Constitutional Court of the Russian Federation dated 06.02.2009 N 3-p Part 1 of Article 5 recognized as not contrary to the Constitution of the Russian Federation, since the provisions contained in it - in the system of existing legal regulation - the child's father does not lose the right to raise the right to raise children, as well as the right to social Security For the upbringing of children, carried out, among other things, through the provision of allowance for compulsory social insurance.

1. Providing insured persons with temporary disability allowance in cases:

1) disability due to the disease or injury, including in connection with the operation on artificial interruption of pregnancies or the implementation of extracorporeal fertilization (hereinafter - a disease or injury);

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, visiting the preschool educational organization, 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 and resort organizations located in the Russian Federation, immediately after medical care in stationary conditions.

(paragraph 5 as amended by Federal Law of November 25, 2013 N 317-FZ)

2. Temporary disability allowance is paid to insured persons upon the occurrence of cases specified in this article, during the work on the employment contract, the implementation of official or other activities during which they are subject to compulsory social insurance in case of temporary disability and due to motherhood, and Also in cases where the disease or injury has come within 30 calendar days from the date of termination of the specified work or activities or during the period from the date of the employment of the employment contract until the day of its cancellation.

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

Article 6. Terms and duration of temporary disability benefits

1. Template for temporary disability when the disability due to the disability due to the disease or injury is paid to the insured person for the entire period of temporary disability before the disability day (disability), except in the cases specified in and this article.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

2. With the fake of the insured person in a sanatorium-resort organization located on the territory of the Russian Federation, immediately after the provision of medical care in the stationary terms, temporary disability allowance is paid for the period of stay at the sanatorium-resort organization, but not more than 24 calendar days (for Except for tuberculosis).

(Part 2 as amended by Federal Law of November 25, 2013 N 317-FZ)

3. The insured person recognized in the prescribed manner with disabilities, temporary disability allowance (with the exception of tuberculosis) is paid no more than four months in a row or five months in the calendar year. In case of the disease of these persons with tuberculosis, temporary disability allowance is paid before the day of restoration of working capacity or before the day of revising the disability group due to tuberculosis.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

4. The Insured person concluded an urgent employment contract (urgent service contract) for up to six months, as well as an insured person who has a disease or injury from the date of the employment of the employment contract until the day of its cancellation, temporary disability allowance (except Tuberculosis diseases) is paid no more than 75 calendar days under this contract. When tuberculosis disease, temporary disability allowance is paid until the day of disability recovery (disability). At the same time, the insured person whose disease or injury came from the date of the conclusion of the employment contract until the day of his cancellation, temporary disability allowance is paid from the day from which the employee should have started work.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

5. Temporary disability allowance for the need to carry out the care of a sick member of the family is paid to the Insured person:

1) In case of care for a sick child under 7 years old - for the entire period of treatment of a child in outpatient conditions or a joint stay with a child in a medical organization, when providing him with medical care in stationary conditions, but not more than 60 calendar days in the calendar year In all cases of care for this child, and in the case of a child's disease included in the list of diseases, determined by the federal executive body, carrying out functions to develop and implement state policies and regulatory legal regulation in the field of health care, not more than 90 calendar days in calendar year in all cases of care for this child due to the specified disease;

(as amended by Federal Law of November 25, 2013 N 317-FZ)

2) in case of care for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each occasion of the child's treatment in outpatient conditions or joint stay with a child in a medical organization, when providing him with medical care in stationary conditions, but not more than 45 calendar days in the calendar year in all cases of care for this child;

(as amended by Federal Law of November 25, 2013 N 317-FZ)

3) in case of care of a sick-child-disabled child under 15 years old - for the entire period of treatment of a child in outpatient conditions or a joint stay with a child in a medical organization, when providing him with medical assistance in stationary conditions, but not more than 120 calendar days in calendar year for all cases of care for this child;

(as amended by Federal Law of November 25, 2013 N 317-FZ)

4) in case of care for a sick child under the age of 15, which is HIV-infected - for the entire period of joint stay with a child in a medical organization, when providing him with medical assistance in stationary conditions;

(as amended by Federal Law of November 25, 2013 N 317-FZ)

5) In the case of care for a sick child under the age of 15, with its illness associated with post-complication, with malignant neoplasms, including malignant neoplasms of lymphoid, hematopoietic and tissue related to them, - for the entire period of child's treatment in outpatient conditions or joint stay with child in a medical organization when providing him with medical care in stationary conditions;

(as amended by federal laws of 09.02.2009 N 13-FZ, from 25.11.2013 N 317-FZ)

6) In other cases of care for a sick member of the family in the treatment in outpatient conditions, no more than 7 calendar days for each case of the disease, but not more than 30 calendar days in the calendar year in all cases of care of this family member.

(as amended by Federal Law of November 25, 2013 N 317-FZ)

6. Temporary disability allowance In the case of quarantine is paid to the insured person, which intensified with the infectious patient or which has been revealed by bacteriasis, for all the time its removal from work due to quarantine. If karantine is subject to children under the age of 7 years, visiting pre-school educational organizations, or other family members recognized in the prescribed manner incapable, temporary disability allowance is paid to the insured person (one of the parents, other legal representative or other family member) for the entire period of quarantine .

(as amended by Federal Law of 02.07.2013 N 185-FZ)

7. Temporary disability allowance In the event of prosthetics under medical reasons in a stationary specialized institution, the insured person is paid for the entire period of exemption from work for this reason, including travel time to prosthetics and back.

8. Temporary disability allowance is paid to the insured person in all cases specified in this article, for calendar days, which are perpetrated, with the exception of calendar days periodes specified in this Federal Law.

Article 7. Size of temporary disability benefits

Note:
Benefits for payment of temporary disability benefits were established by the Federal Law of January 10, 2002 N 2-FZ and Federal Law of September 17, 1998 N 157-FZ.

1. Template for temporary disability when the disability due to the disease or injury, with the exception of cases specified in this article, during quarantine, prosthetics on medical testimony and fogging in sanatorium-resort organizations immediately after the provision of medical care in stationary conditions is paid in the following amount:

(as amended by Federal Law of November 25, 2013 N 317-FZ)

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.

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

Note:
Benefits for the payment of care benefits for sick child were established by the following regulatory acts: Federal Law 10.01.2002 N 2-FZ, Federal Law of September 17, 1998 N 157-FZ, RF Law of 15.05.1991 N 1244-1.

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 of the insurance experience of the insured person in accordance with this article, over the following days in the amount of 50 percent of the average earnings;

(as amended by Federal Law of November 25, 2013 N 317-FZ)

2) in the treatment of a child in stationary conditions - in the amount determined depending on the duration of the insured person's insurance experience in accordance with this article.

(as amended by Federal Law of November 25, 2013 N 317-FZ)

4. Temporary disability allowance for the need to care for a patient member of a family with its treatment in the outpatient basis, except in cases of care for a child under the age of 15 years, is paid in the amount determined depending on the duration of the insured person's insurance experience in accordance with This article.

(as amended by Federal Law of November 25, 2013 N 317-FZ)

Note:

6. Insured person who has an insurance experience 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 areas in which district coefficients are applied in the prescribed manner Wages, in a size 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.

(Part 7 as amended by Federal Law of 08.12.2010 N 343-FZ)

Note:

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

1. The grounds for reducing the amount of allowance for temporary disability are:

1) a violation of the insured person without valid reasons during the period of temporary disability of the regime prescribed by the attending physician;

2) non-appearance of the insured person without valid reasons for a designated term for a medical examination or to carry out medical and social expertise;

Note:
On the issue concerning the procedure for establishing a causal relationship between the use of alcohol and injury and disease, see the FSS letter of the Russian Federation of 15.04.2004 No. 02-10 / 07-1843.

3) a disease or injury that occurred as a result of alcoholic, narcotic, toxic intoxication or actions associated with such intoxication.

2. If there are one or more grounds for reducing the temporary disability manual specified in this article, temporary disability allowance is paid to the insured person in the amount not exceeding the full calendar month of the minimum amount of wages established by the Federal Law, and in areas and locations In which the regional coefficients for wages are applied in the prescribed manner, in the amount not exceeding the minimum wage based on these coefficients:

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

1) if there are grounds specified in and part 1 of this article, from the day when a violation was allowed;

2) if there are grounds specified in paragraph 3 of part 1 of the present, for the entire period of disability.

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

1. Temporary disability allowance is not prescribed to the insured person over the next periods:

1) for the period of exemption of the employee from working with full or partial salary preservation or without payment in accordance with the legislation of the Russian Federation, with the exception of the disability loss by the employee due to the disease or injury during the annual payable vacation;

2) for the period of removal from work in accordance with the legislation of the Russian Federation, if the salaries are not charged during this period;

3) for the period of detention or administrative arrest;

4) for the period of the forensic examination;

5) for the period of downtime, except in the cases provided for in this Federal Law.

(clause 5 introduced by Federal Law of 08.12.2010 N 343-FZ)

2. The grounds for refusing to prescribe the insured person of temporary disability benefits are:

1) the occurrence of temporary disability as a result of an intentional causation established by the court of harm to his health or suicide attempts;

2) the onset of temporary disability due to the insured person of the deliberate crime.

Chapter 3. Providing pregnancy benefits and childbirth

Article 10. Duration of payment benefits for pregnancy and childbirth

1. Pregnancy allowance is paid to the insured woman in total for the entire period of maternity leave and childbirth (in the case of multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated clans - 86, at the birth of two or more children - 110) calendar days after delivery.

2. When adopting a child (children) under the age of three months, maternity allowance is paid from the date of his adoption and before the expiration of 70 (in the case of the simultaneous adoption of two or more children - 110) calendar days from the birth of a child (children).

3. In the event that during the period of serving the mother on leave to care for the age of percentage of the age of one and a half years, it comes to leave for pregnancy and childbirth, it has the right to choose one of two types of benefits paid during the periods of relevant vacations.

Article 11. The size of pregnancy benefits and childbirth

1. Pregnancy allowance is paid by the insured woman in the amount of 100 percent of average earnings.

Note:
On the issue concerning the use of district coefficients in determining the size of manuals on compulsory social insurance, see the FSS letter of the Russian Federation of 02.12.2002 N 02-18 / 05-8417.

3. The insured woman having an insurance experience of less than six months, maternity allowance is paid in the amount not exceeding the full calendar month of the minimum wage established by federal law, and in areas and areas in which district coefficients are applied in the prescribed manner By wages, in a size not exceeding the minimum wage based on these coefficients.

Chapter 3.1. Ensuring a monthly child care allowance

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

Article 11.1. Conditions and duration of monthly child care benefit

1. A monthly care allowance for the child is paid to insured persons (mothers, father, other relatives, guardians), actually caring for a child and being on leave to care for a child, from the day of granting a child's care before reaching the child of the age of one and a half years. .

2. The right to a monthly child care allowance is preserved in the event that the person on child care leaves works on an incomplete working time or home and continues to care for the child.

3. Mothers who are eligible for pregnancy and childbirth, in the period after childbirth has the right from the birth of a child to receive either maternity benefits or a monthly child care allowance with a testament for pregnancy benefits and childbirth in case The size of the monthly child care benefit is higher than the amount of maternity benefits and childbirth.

4. In the event that the child's care is carried out simultaneously by several persons, the right to receive a monthly child care allowance is provided to one of these persons.

Article 11.2. Monthly child care benefit

1. The monthly child care allowance is paid in the amount of 40 percent of the average earnings of the insured person, but no less minimal size of this manual established by the Federal Law "On State Guidelines for Citizens Having Children."

2. If you care for two or more children before reaching the age of one and a half years, the size of the monthly child care allowance calculated in accordance with this article is summed up. At the same time, the summable amount of the benefit may not exceed 100 percent of the average earnings of the insured person defined in the manner established by this Federal Law, but there can be no less summarized minimum size of this manual.

3. In determining the size of the monthly care allowance for the second child and subsequent children, previous children, born (adopted) mother of this child, are taken into account.

4. In the case of child care (children), born (born) mother, deprived of parental rights against previous children, a monthly child care allowance is paid in the sizes established by this article, excluding children in respect of which it was deprived of parental Right.

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

Note:
The provisions of this Federal Law on the relationship related to the provision of citizens by allowances for temporary disability due to an accident at work or a professional disease, in a part that does not contradict the federal law of 24.07.1998 N 125-FZ.

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

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

1. Temporary disability allowance is appointed if the appeal followed it no later than six months from the date of disability restoration (disability), as well as the end of the exemption period from work in cases of care for a sick member of family, quarantine, prosthetics and fake.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

2. The manual for pregnancy and childbirth is appointed if the appeal followed him no later than six months from the date of completion of pregnancy and childbirth.

2.1. A monthly childcare allowance is appointed if the appeal followed him no later than six months from the date of reaching the child of the age of one and a half years.

3. When applying for a temporary disability manual, for pregnancy and childbirth, a monthly benefit on child care after a six-month term, the decision on the purpose of the manual is adopted by the territorial authority of the Insurer in the presence of good reasons for skipping the time of treatment for the benefit. The list of valid reasons for the passage of the term of appeal to the manual is determined by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the field of social insurance.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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

(as amended by Federal Law of July 24, 2009 No. 213-FZ)

1. Appointment and payment of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits are carried out by the insured at the place of work (service, other activities) of the insured person (except in the cases indicated in and this article).

2. If the insured person at the time of the insured event is employed in several insurers and in the two preceding calendar years was employed from the same insureders, temporary disability benefits, pregnancy and fees are appointed and paid to him by the insurers in all areas of work (services , other activities), and a monthly allowance for child care - by the insured at one site (service, other activities) on the choice of the insured person and are calculated on the basis of the average earnings determined in accordance with this Federal Law, during the work (service, other Activity) at the insured, appointing and paying a benefit.

(Part 2 as amended by Federal Law of 08.12.2010 N 343-FZ)

2.1. If the insured person at the time of the insured event is employed in several insurers, and in the two preceding calendar years it was employed from other policyholders (another policyholder), temporary disability benefits, pregnancy and childbirth, a monthly child care allowance is appointed and paid to him by the insured According to one of the last places of work (service, other activities) on choosing the insured person.

2.2. If the insured person at the time of the insured event is employed in several insurers, and in the two preceding calendar years it was occupied by both these and other policyholders (another policyholder), allowances for temporary disability, for pregnancy and childbirth are appointed and paid to him either in In accordance with this article by policyholders in all areas of work (services, other activities) based on the average earnings during the work (service, other activities) at the insured, appointing and paying a benefit, or in accordance with this article by the insured one of the last jobs ( Services, other activities) on choosing the insured person.

(Part 2.2 was introduced by federal law of 08.12.2010 N 343-FZ)

3. The insured person who has lost its disability due to a disease or injury within 30 calendar days from the date of termination of work on the employment contract, service or other activities during which it is subject to compulsory social insurance in case of temporary disability and due to motherhood, temporary allowance Disability is appointed and paid by the insured by its last place of work (service, other activities) or by the territorial authority of the insurer in the cases specified in this article.

Note:
The provisions of Part 4 of Article 13 (as amended by the Federal Law of December 29, 2012, N 276-FZ) applies to insured persons on the facts of non-payment by them by policyholders for temporary disability, for pregnancy and childbirth and monthly childcare benefits established by the court decisions embracing B. legal force Until the day of entry into force of the Federal Law of December 29, 2012, N 276-FZ, but not fulfilled on the day of entry into force of the specified Federal Law.

4. Insured persons specified in this Federal Law, as well as other categories of insured persons in the event of termination of the activities of the insured for the day of circulation of the insured person for temporary disability benefits, for pregnancy and childbirth, a monthly child care allowance, or in the absence of possibility Their payments by the Insured due to the insufficiency of funds on his accounts in credit institutions and the application of the priority of debugging cash from the account provided for Civil Code Of the Russian Federation, or in the absence of the possibility of establishing the location of the insured and his property, to which the recovery may be addressed, if the court decision has entered into legal force on establishing the fact of non-payment by such an insured person to the insured person, the appointment and payment of these benefits, with the exception of the manual for Temporary disability paid at the expense of the insurer in accordance with this Federal Law is carried out by the territorial authority of the Insurer.

(as amended by federal laws dated December 29, 2012 N 276-FZ, from 07.23.2013 N 243-FZ)

5. For the appointment and payment of manuals for temporary disability, for pregnancy and childbirth, the insured person represents a disability sheet issued medical organization in form and in accordance with the procedure that are established by the federal executive body carrying out functions to develop and implement public policy and regulatory legal regulation in the field of health care, in coordination with the federal executive authority, carrying out functions to develop and implement public policy and regulatory legal Regulation in the field of labor and social protection of the population, the Social Insurance Fund of the Russian Federation, a certificate (certificates) about the amount of earnings, from which the manual should be calculated, from the place (places) of the work (service, other activities) at another policyholder (from other policyholders) , And for the appointment and payment of these benefits, the Territorial Insurer authority - a certificate (certificates) on the amount of earnings, from which the manual should be calculated, and the documents confirming the insurance experience should be calculated.

(as amended by federal laws from 08.12.2010 N 343-FZ, from 25.11.2013 N 317-FZ)

5.1. In the cases indicated in and this article, the insured person when applying for the purpose of temporary disability benefits, pregnancy and childbirth to the insured one of the last work (services, other activities) on the choice of the insured person also presents a certificate (certificates) from the place Works (services, other activities) at another insured (from other policyholders) that the assignment and payment of benefits are not carried out by this insured.

(Part 5.1 introduced by Federal Law of 08.12.2010 N 343-FZ)

6. For the appointment and payment of a monthly child care benefit, the insured person provides a statement on the appointment of the specified manual, the birth certificate (adoption) of the child, for which care is carried out, and its copy or an extract from the decision to establish a child's care certificate, birth certificate (adoption, death) of the previous child (children) and its copy, a certificate from the place of work (service) of the mother (father, both parents) of the child that she (he, they) does not use child care leave and does not receive a monthly child care benefits, and in case the mother (father, both parent) does not work (does not serve) either manifested in full-time for basic educational programs in organizations carrying out educational activities, certificate from the social protection bodies of the population at the place of residence (place of stay, actual residence) of the mother (father) of a child about the non-treatment of a monthly child care allowance. For the appointment and payment of a monthly child care benefit, the insured person also provides if necessary, certificate (certificates) on the amount of earnings from which the allowance must be calculated. For the appointment and payment of a monthly child care allowance in accordance with this article, a certificate (information) from the social protection bodies of the population at the place of residence (place of stay, actual residence) of the father, the mother (both parents) of the child about the non-treatment of a monthly child care allowance Requested by the insurer in the authorized executive body of the constituent entity of the Russian Federation, which are at the disposal of such information. The insured person has the right to submit the specified certificate for the appointment and payment of benefits on his own initiative. An interdepartmental request for the insurer on the submission of documents (information) is sent within three calendar days from the date of receipt of the application for the payment of a monthly child care benefit in accordance with this article. The term of preparation and direction authorized body The executive authority of the constituent entity of the Russian Federation response to the specified interdepartmental request may not exceed five calendar days from the date of the arrival of an interdepartmental request to these bodies.

(as amended by federal laws from 01.07.2011 N 169-FZ, from 02.07.2013 N 185-FZ)

7. The insured person engaged in several insurers, when applying to one of these insureders, in his choice for the appointment and payment of a monthly child care allowance, along with the documents provided for in this article, presents a certificate (certificates) from the place of work (service, other Activity) Another insured (from other policyholders) that the appointment and payment of a monthly child care benefit is not carried out by this insurer.

7.1. Insured by the insured person instead of the original certificate of the amount of earnings, from which allowances for temporary disability, pregnancy and childbirth, a monthly child care allowance, a copy of an order of earnings certified in the prescribed manner may be.

(Part 7.1 introduced by Federal Law of 08.12.2010 N 343-FZ)

7.2. If the insured person does not have the opportunity to submit a certificate (certificate) about the amount of earnings from which the manual should be calculated from the place (places) of the work (service, other activities) from another policyholder (from other policyholders) in connection with the cessation of activities This policyholder (these insured) or for other reasons, the insured, prescribing and paying a benefit, or the territorial body of the Insurer, prescribing and paying a benefit in cases specified in this article of this Federal Law, on the application of the Insured person sends a request to the territorial authority of the Pension Fund Of the Russian Federation on the submission of information about wages, other payments and remuneration of the insured person from the relevant insured (relevant policyholders) on the basis of information of individual (personalized) accounting in the system of compulsory pension insurance. The form of this statement of the insured person, the form and procedure for sending the request, the form, procedure and deadlines for the submission of the requested information to the territorial body of the Pension Fund of the Russian Federation are established by the federal executive body, carrying out functions to develop public policies and regulatory legal regulation in the field of social insurance.

(Part 7.2 introduced by federal law of 08.12.2010 N 343-FZ)

8. The policyholder pays for temporary disability benefits, for pregnancy and childbirth, a monthly child care benefit to the insured person in the manner prescribed to pay wages to insured persons (other payments, remunerations).

Note:
The provisions of Part 9 of Article 13 (as amended by the Federal Law of December 29, 2012, N 276-FZ) applies to insured persons in facts of non-payment by them by policyholders for temporary disability, pregnancy and childbirth and monthly child care benefits established by the court decisions entered into force until the day of the entry into force of the Federal Law of December 29, 2012 N 276-FZ, but not fulfilled on the day of the entry into force of the Federal Law.

9. Payment of temporary disability benefits, pregnancy and childbirth, monthly child care benefits in cases provided for in this Article, is carried out in the established amounts of the Insurer to the territorial authority appointed these benefits, through the organization of the Federal Postal Service, a credit or other organization on the application Recipient.

(Part 9 as amended by Federal Law of December 29, 2012 N 276-FZ)

Note:
For insured cases, until January 1, 2011, the allowance for the period after January 1, 2011 is calculated under the new rules if its size calculated in this way exceeds the size of the relevant benefit calculated by the old order (paragraph 3 of Article 3 of the Federal Law of 08.12 .2010 N 343-FZ).

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

(as amended by the Federal Law of July 24, 2009 No. 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) at another insured (other policyholders) are not taken into account in cases if, in accordance with this Federal Law, temporary disability benefits, pregnancy and childbirth are appointed and paid to the insured person in all areas 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 the event that the insured person during the periods listed in this article did not earn money, as well as if the average earnings calculated during these periods, per full calendar month below the minimum wage established by the Federal Law on the Day of the Offensive Insurance case, average earnings based on which manuals 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 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."

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

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 "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."

(as amended by federal laws of 07/24/2009 N 213-FZ, from 08.12.2010 N 343-FZ, dated December 29, 2012 N 276-FZ)

2.1. The insured persons specified in this Federal Law, the average earnings on the basis of which allowances for temporary disability, for pregnancy and childbirth, a monthly child care allowance is made to be equal to the minimum amount of remuneration established by the Federal Law on the Day of the 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 Two.1 is introduced by federal law of 24.07.2009 N 213-FZ)

2.2. For insured persons who work on labor contracts concluded with organizations and individual entrepreneurs, for whom low insurance premium rates are applied in accordance with Parts 3.3 and 3.4 of Article 58 and Article 58.1 of the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, Fund social insurance of the Russian Federation, the federal fund of compulsory health insurance ", in average earnings, based on the 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 are included in the base for accrualing insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Mandatory Medical Insurance Fund" in The corresponding calendar year does not exceed the limit value of the base for the accrual of insurance premiums to the Social Insurance Fund of the Russian Federation established in this calendar year. Information on these payments and rewards in favor of the insured person for the relevant period is indicated in the certificate of the amount of earnings submitted by the insured in accordance with this Federal Law.

(Part 2.2 introduced by federal law of 29.12.2012 N 276-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 this article, 730.

(in the editors of federal laws of 07/24/2009 N 213-FZ, from 08.12.2010 N 343-FZ, from 25.02.2011 N 21-FZ)

Note:
Calculation of the maximum average daytime earnings for calculating temporary disability benefits, for pregnancy and childbirth, see reference information.

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 this article on the number of calendar days in this period, with the exception of calendar days in 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 salary salary during this period insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance "was not charged.

(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 are calculated, for pregnancy and childbirth, and a monthly child care allowance is taken into account for each calendar year in an amount not exceeding established in accordance with the Federal Law "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 relevant 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 the insured person of temporary disability benefits, in pregnancy and childbirth are carried out by several insurers in accordance with this Federal Law, the average earnings on the basis of which these manuals are calculated, taken into account for each calendar year in an amount not exceeding the specified limit The value, when calculating these benefits, each of these insurers.

(Part 3.2 is introduced by federal law of 25.02.2011 N 21-FZ (ed. 12/29/2012))

Note:
Taking into account the features of the leap year, which is 366 calendar days, estimated period When determining the average daytime earnings for the calculation of maternity benefits, a monthly child care allowance can be 730 calendar days, 731 calendar days, 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, defined in accordance with this article, cannot exceed the value determined by dividing by 730 amounts of limit values \u200b\u200bof the base for the accrual of insurance premiums to the Social Insurance Fund of the Russian Federation, Installed in accordance with the Federal Law "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 two calendar years preceding the commercial holiday on maternity leave, child care leave.

(Part 3.3 introduced by federal law of 29.12.2012 N 276-FZ)

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 and this article, by 30.4.

(Part five is 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 child care benefit 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 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 five is introduced by federal law of 24.07.2009 N 213-FZ)

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

2. The territorial body of the Insurer in cases under and 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 receipt to the territorial authority of the Insurer of the relevant application and the necessary documents .

(as amended by federal laws of 07/24/2009 N 213-FZ, from 08.12.2010 N 343-FZ, from 01.07.2011 N 169-FZ)

2.1. In the absence of the insured person on the day of appealing for temporary disability benefits, for pregnancy and childbirth, a monthly child care benefit (certificates) on the amount of earnings required to appoint these benefits in accordance with and this Federal Law, the appropriate manual is appointed Based on 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.

(Part 2.1 introduced by federal law of 08.12.2010 N 343-FZ)

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.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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.

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

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.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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

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

1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents issued by them to the insured person and necessary for the appointment, calculation and payment of benefits for temporary disability, for pregnancy and childbirth, monthly child care benefits.

2. In the event that the presentation of unreliable information entailed payment unnecessary sums Temporary disability benefits, for pregnancy and childbirth, monthly child care benefits, guilty persons reimburse the insurer caused damage in the manner prescribed by the legislation of the Russian Federation.

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

1. In the insurance experience to determine the size of manuals for temporary disability, pregnancy and childbirth (insurance experience) include periods of work of the Insured person under the employment contract, 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 due to motherhood.

1.1. In the insurance experience on par with periods of work and (or) other activities, which are provided for in this article, the periods of military service are counted, as well as the other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "on pension provision of persons held military service, service in the internal affairs bodies, state fire service, organs to control the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families. "

(Part One.1 is introduced by federal law of 24.07.2009 N 213-FZ)

2. The calculation of the insurance experience is carried out in a calendar. In the case of coincidence of the time of several periods counted in the insurance experience, one of these periods of the insured person takes into account.

3. The rules for counting and confirming the insurance experience are established by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the sphere of social insurance.

(as amended by the Federal Law of July 24, 2009 No. 213-FZ)

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

1. To establish that citizens who have begun work on the employment contract, official or other activities during which they are subject to compulsory social insurance, until January 1, 2007 and which until January 1, 2007 had the right to receive temporary disability benefits in The amount (in percentage terms from the average earnings) exceeding the amount of the benefit (in percentage terms from the average earnings), relying in accordance with this Federal Law, temporary disability allowance is appointed and paid in the former higher amount (in percentage terms from average earnings) but not higher than established in accordance with this Federal Law maximum size Temporary disability benefits.

2. In the event that the duration of the insured person's insurance experience, calculated in accordance with this Federal Law, for the period up to January 1, 2007, it will be less than the duration of its continuous work experience used in the appointment of temporary disability benefits in accordance with previously active regulatory legal acts. For the same period, the duration of the insurance experience takes the duration of the continuous employment experience of the insured person.

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

1. This Federal Law applies to the insured events after the day of entry into force of this Federal Law.

2. For insured cases, the time to enter into force of this Federal Law, temporary disability allowance, pregnancy and childbirth is calculated on the standards of this Federal Law for the period after the day of its entry into force, if the amount of benefits calculated in accordance with this Federal The law exceeds the amount of benefits relying on the standards of previous legislation.

Article 19. Entry into force of this Federal Law

2. From January 1, 2007 legislative acts and other regulatory legal acts of the Russian Federation, providing for the conditions, sizes and procedures for providing temporary disability benefits, for pregnancy and childbirth of citizens to be obligatory social insurance, are applied in part not contrary to this federal law.

President of Russian Federation
V. Putin