Main features of maternity leave. Maternity leave

In 2018, maternity benefits (BIR) paid at work 100% of the average earnings. The amount paid is calculated on the basis of the term of the declared leave, which is established on the basis of hospital sheet issued in the female advice by a observing doctor with 30 weeks of pregnancy.

• Minimum value Bir manuals employed women in 2018 is 43 615.65 rub. Calculated based on minimum size wages (minimum wage), which from January 1, 2018 Mrometa is 9489 rubles . This amount Installed if middle earnings the future mother is less than the minimum wagon installed in the current year or if its insurance experience less than six months. If a pregnant woman works on an incomplete working day, then the average salary is estimated in proportion to the length of its working time.
• The amount paid decret cannot exceed maximum (282106 rub. 70 kopecks For 140 days decree, 314347 rub. 47 cop. - For 156 days decree, 390919 rub. 29 cop - For 194 days of decree). It is determined from the limit values \u200b\u200bof the base for the accrual of insurance premiums to the Social Insurance Fund (FSS) in the two previous years. This value from January 1 is indexed annually taking into account the increase in average earnings in the country.

How to calculate decreh

When calculating the decree, the average women's earnings are taken into account over the past two years (minus the days falling on maternity leave, child care leave, as well as days of temporary disability).

Thus, to determine an average daily earnings (SDZ), the calculation is carried out according to the following formula:

SDZ \u003d SZ / DN,

• SZ- average earnings for the calculation of the manual (the amount of payments in the two preceding year);
• DN - quantity calendar days For two years (of them should be subtracted days not taken into account when calculating the benefits).

For example, when calculating the manual based on the magnitude of the Mrots average day earnings will be:

SDZ \u003d (Mrot × 24 months) / day \u003d (9 489 × 24) / 731 \u003d 311,54 rub.,

• SZ \u003d (Mrot × 24 months) - average earnings for 2 billing years by minimum wage;
• DN \u003d 731 days - the number of days in the settlement years.

Accounting for the years preceding the accrual of benefits is chosen on the basis of a higher wage. In this case, an increase in the size of the paid benefit may occur. Concerning calculations of "Decal", then for this there is the following formula:

N \u003d SDZ × t,

Example: Consider on the example of 2017, in January, the employee of Antares CJSC Alferova I. K. was given a pregnancy vacation and childbirth. She gave birth to one healthy baby.

For preceding pregnancies, the total salaries of Alferova was:

2015 \u003d 650,000 rubles;

2016 \u003d 700,000 rubles;

To calculate, it is necessary to indicate that in 2016, Alferov for 30 days was on the hospital.

• 600 000 + 700 000 \u003d 1 300 000 rub.
• 1 350 000 / (365 days. + 366 days. - 30 days.) \u003d 1925.82
• However, according to the Federal Law of Russia No. 255-FZ, the amount of benefits cannot be higher than the maximum permissible level established by the Social Insurance Fund Russian Federation. This amount in 2017 was limited to 1,898.77 rubles. Therefore, the accrual will be implemented, based on the above amount.
• 1898.77 rubles / day. × 140 days \u003d 265827.80 rub.
• Thus, the amount obtained by Alferova as "decret" will be 265827 rubles. 80 cop.

Based on the foregoing, the amounts that rely on women in labor are limited to the following numbers.

If the fever lives in the areas where the minimum wage coefficients are present, calculation of decrets It is calculated as follows:

P Mroth \u003d SDZ × RK × T,

• P Mrometa - the amount of decret, taking into account the minimum wage coefficient;
• SDZ - magnival earnings;
• RK - district coefficient;
• T - the number of days of vacation.

Minimum pregnancy benefit and childbirth in 2018

As for the minimum size of the declated declated, the amount cannot be lower than the minimum wage (minimum wage), which from January 1, 2018 is 9489 rubles. Thus, the amount of treated decree (minimum size) is calculated by the formula:

(9489 × 24) / 731 × 140 \u003d 43615.65 rub.,

• 9489 - Mrot;
• 24 - months in two years;
• 731 - days in the two previous years;
• 140 - days of hospital for pregnancy and childbirth.

This amount is paid to the future mother in the following cases:

• insurance experience of it less than 6 months;
• average salary for two years below the minimum wage;
• she is an entrepreneur (lawyer, notary), paying for the previous year. insurance contributions In FSS.

How much do decrehetic unemployed

Manual for pregnancy and childbirth is paid only to some categories of non-working women:

• Dismissed In connection with the termination of the organization's activities - 628.47 rubles. per month. Apply for the acquisition to the district department.
• Studentsstudying in full-time, the amount of benefits is equal to the magnitude scholarship. Decorated a guide in an educational institution;
• IP, private notaries or lawyers, subject to the deductions of insurance premiums for the previous year - 43615,65 . Documents are provided by them directly to the FSS.
• Serviceman under the contract in the amount of received money allowance . The assignment and payment must be applied at the place of service.

The remaining categories of unemployed pregnant women who are not subject to mandatory social Insurance, they have no right to To receive benefits on the BIR. For them, only benefits paid by territorial Oszn after the birth of a child are provided.

Despite the fact that in ordinary citizens, the holiday period before, after childbirth and until the work itself is often called "Decal"From a legal point of view, it must be divided into two parts. First - maternity leave (BIR). Its duration depends on several factors, it is usually 140 days. The second part of - . It lasts, since the end of the maternity period on the Bir, and may continue until the child is executed for 3 years. After that, mom usually goes to work.

The first part is a vacation consisting of prenatal and postpartum period- according to the law is provided all women working on the employment contractwho plan to become moms or age up to 3 months. At the same time during the vacation period, which is installed in Labor Code (TC) of the Russian Federation, for the employee saved workplace.

• 140 days with ordinary uncomplicated pregnancy (accordingly at the rate of 70 days before and after delivery);
• 156 days In the case of complicated childbirth (premature genera, obstetric operations, abundant blood loss and other cases in accordance with the instructions on the procedure for providing postpartum leaves approved by the Ministry of Justice No. 1305 of 14.05.97).
• 160 days When pregnancy of women living on the territory contaminated with radioactive waste (90 days before delivery and 70 - after them), on the basis of the Law of the Russian Federation No. 1244-1 of 05/15/1991 "On the social protection of citizens who are influenced by radiation due to the disaster at the Chernobyl NPP";
• 194 days With multiple pregnancy (84 calendar days before delivery and 110 - after them).

The vacation period lasts the total number of days laid by law no matter how much of them was actually used by a woman before childbirth. That is, if the child was born earlier or later the expected date, vacation will still end through the marked number of days.

Working women who adopted baby by age up to 3 months, only provided second (postpartum) part of vacation: Accordingly, 70 days per child or 110 calendar days in the adoption of two or more children.

Annual vacation before maternity decree

Maternity leave

Bir vacation is provided only to women, and exclusively - employed. They go to the decree at work. If a woman works in several places, it can make a decree decree in each of them.

To care for vacation Bir, a pregnant employee must write a statement and attach to it obtained sick leave. On their basis, an orders for the establishment is published, which is provided for familiarization and signature by a worker. The employer is not entitled to demand other documents with his subordinate.

Sheet disability

The issuance of the hospital is regulated by the VIII of the order of the Ministry of Health and Social Development of Russia No. 624n of June 29, 2011 " On approval of the procedure for issuing disability sheets" A sheet of disability is discharged by a gynecologist for women's consultation, general practitioner or paramedic (if in settlement No hospital or polyclinic) in 30 weeks of pregnancy (or at 28 weeks while waiting for twins, more children).

The document indicates (that is, before delivery and after them). It can later be adjusted depending on the circumstances by another sheet of disability.

The hospital form is established by the order of the Ministry of Health and Social Development of the Russian Federation No. 347N dated 04.26.2011 " On approval of the form of a form of disability».

Sample fill in hospital

Some features of disability issuance:

• If multiple pregnancy is established in childbirth, issued additionalthe sheet of disability is another 54 days by the hospital, where the woman gave birth.
• The same procedure occurs during complications in the generic period (additional hospital for 16 days).
• If the early childbirth occurred between 22 and 30 weeks, a disability sheet is discharged maternity hospital 156 days.
• Futive mothers living and / or working in a radioactively polluted zone, hospital with unionless pregnancy is issued 90 days before delivery.
• A woman, baby by age up to 3 months, issued a sheet of disability on the general reasons (70 calendar days per baby and 110 - for two).

If a woman did not appeal in time or refused to receive it on time, he will be discharged later. But the countdown of maternity leave still starts from the 30th week. So for the future mother there is no particular sense to do a delay.

Application for pregnancy and childbirth

In a statement, a pregnant woman points to his desire to go to the decret. The document may also appear the request of the employee to start betraying.

If the future mother stood up in women's consultation up to 12 weeks, she can bring a certificate about this and indicate in a statement about his desire to receive (Art. 9 Federal Law № 81-ФЗ dated 05/19/1995). The right to such payment is provided only at the main place of work, the partners will not receive it.

Sample application

The application is written in an arbitrary form, but must contain such information:

• cap (from whom - to whom, indicating the name and position);
• document's name;
• a request to grant a vacation on the BIR with the date (based on the hospital sheet);
• request to accrue the necessary benefits (at the request of the applicant);
• a convenient way to enumerate funds (for example, on a map, or postal transfer);
• the list of applications (, if there is - a certificate from the female consultation on early registration for pregnancy);
• date, signature, surname and applicant initials.

It is not necessary to apply for a maternity leave immediately after receiving. If a woman feels good, she can continue to work and receive salary. The then vacation will begin after the actual application of the application, but will end in the period marked in the hospital. That is, the transfer of the end of the leave is not allowed, and the simultaneous payment of sick leave and salaries - too.

An order of the employer on vacation

The order is published by the head of the organization in which a woman works, on the basis of a statement submitted by it and a disability. It is also compiled in arbitrary form and must contain such data:

• hat with requisites of the organization, document name;
• the essence of the question (to provide an employee for pregnancy and childbirth from the specified dates of its beginning and end according to the hospital);
• additionally - to appoint employee to pay cash benefits;
• list of reasons (statement of workers, hospital, certificate from the gynecologist);
• position, signature, surname of the head of the organization, date;
• list of familiarization (you can write the surnames familiar from hand).

Sample order

Most personnel offices published such orders hundreds of times, therefore, they know the requirements for their compilation and risks associated with disorders in business. Therefore, usually there is no problems with orders. Woman is provided copy of document, and on the original it should sign In familiarization.

Calculation of hospital for pregnancy and childbirth

Under this vacation implies the definition. Usually, the duty to accrual and pay decrehension falls on insured - that is, the organization in which a woman is working, IP or individualIf they are official employers and conduct deductions to a worker in Saintsstra.

The calculation of the manual is made on the basis of the statement of the employee and the hospital sheet. Calculation and accrual are held within 10 days after circulation, and paid at the nearest date of issuing a salary to employees. If for any reason, the hospital will last, an additional number of days the employer will have to count another amount in fact.

Decal money is allocated from such sources:

• Employer funds. For the amount paid, it can then reduce the transfer to the social insurance fund (FSS).
• Directly from the FS.If the employer's organization ceased to exist during a woman's pregnancy, or a female payments directly through the Foundation.

The manual can count on both citizens of the Russian Federation and women with citizenship of other countries (or altogether without citizenship), temporarily or constantly living in Russia. The main thing is that they have an employment contract concluded with the employer.

Maternity allowance for disability

Throughout the holidays on the Bir, from entering the decret until the end of the vacation period, woman subject to mandatory insurance In case of temporary disability due to motherhood, paid. This moment is regulated by such federal laws:

• № 81-ФЗ dated 05/19/1995 About state benefits to citizens having children", Art. 7;
• № 255-FZ dated December 29, 2006 " On mandatory social insurance in case of temporary disability and due to motherhood", Art. 10.

Insurance allowance is paid at the same time and total for the entire period of decree. The size of maternity payments is 100% of the average daily earnings for preceding two full years Labor activity. It does not depend on the experience of workers.

For the 2016 settlement years will be 2014 and 2015. In the calculation will not include:

• disability periods;
• the time of care of the newborn and child up to 3 years;
• holidays at their own expense and other time intervals during which the woman did not receive salary;
• paid days allocated to care for a disabled child.

• Summary earnings for the two full preceding year divide for 730 days (731, if one of the years happened). We get the middle day earnings.
• The figure is multiplied by the number of days in the maternity period (140, 156, 194 days). The amount should not be less than the minimum, which is calculated, based on the minimum wage (minimum wage).

If a worker has worked less than 6 months (has an insurance experience to six months), the benefit is in the amount of 100% of the minimum wage (in 2016 will be 6204 ruble per 1 month).

Then minimal permissible dimensions Insurance payments will be:

• 28555.80 rubles - during the decree duration of 140 days;
• 31819.32 rubles - 156 days;
• 39570.18 rubles - for 194 days.

If a female worker plans to execute, he will start the day after the completion of the extended decree, and will last up to the 3th anniversary of the baby. Such a shift of the deadlines is designed to a certain extent to protect the interests of the women in labor, faced with difficulties in the hospital. From a material point of view, for the additional days of the decree on the Bir (16 or 54), it will receive a manual in the amount of 100% of the average salary, and not 40%, as if it were these days stayed on child care leave.

Annual vacation after maternity leave

One of the possibilities of registration - after a maternity decree and childbirth. This is guaranteed by Art. 260 TK RF. Woman can convey its desire to arrange a planned vacation after the decree on the Bir in the form applications to the employer, and he has no right to refuse. Some features of such a vacation order:

• the initiative should come only from workers;
• a young mother may claim annual leave regardless of the duration of work in the institution;
• the vacation period is provided regardless of the schedule of vacations in the institution.

Maybe two options of what happens after completing such a vacation:

• Woman declared. It is used if the worker wants to get vacations, and I did not have time to place a vacation because of early childbirth. The holiday period for child care is shortened and actually lasts until the 3rd anniversary of the baby.
• Woman goes to work for a full day. If mom after childbirth was able to establish life, to come to himself, a dad or grandmother, a worker or an employee, who could help to look after the child, may well afford further self-realization at work.

If some part of the annual leave was not used before (for example, in order to avoid the imposition of vacations on each other), it can be used after the decret period completion, or after the 3th anniversary of the child.

Legislation does not contain prohibitions or permits for premature exit from maternity leave. In a letter Federal Service According to work and employment No. 1755-TZ of 24.05.2013, it is argued that worker can not withdraw early from the decree. Since it receives insurance payments from the FSS, and simultaneously paying the salary and manual is not allowed, the employer may be fined for such practices. According to the last reason, the management of the organization, having adopted a statement from a woman about on his own request, it is unlikely to satisfy it. After all, then in his address claims from FSS.

A woman may not go on a child care leave, and proceed to work after the end of the decree. If her mother is interesting to her position, well-being allows, and for the child there is someone to care for, there should be no problems.

IN regulatory documents There is no indication of the need to notify the employer about its decision in advance. On the other hand, if another employee is temporarily working at the site (part-time or specially accepted), it is necessary to give the employer the opportunity to fulfill its obligations.

• Temporary an employee needs to warn On the end of the urgent agreement at least three days before dismissal. The same period is required to remove the duties with the temporarily performing their part-time employee.
• It will also be necessary warn employer In advance about the exit after the decree to work, and not on leave to care for the child (how most women do). It is necessary to put the authorities at least for three days.

Application for exit after maternity leave

Inform the employer about the desire to go to work after vacation on the Bir, it is necessary through a written statement. It should be set out the following points:

• cap (from whom to whom), the word "statement";
• please interrupt the vacation period due to work out;
• it is indicated by the date when a woman plans to start labor responsibilities;
• the date, signature, surname and initials of workers are put.

In a statement, a woman may ask to establish her abbreviated working schedule (short day or incomplete week). The employer is obliged to satisfy her request. This is fixed in Art. 93 TK RF.

The duration of work time is established by a worker, the law provides it with the right to choose a convenient schedule. But it is better to develop this moment in advance with the boss. Features of the work schedule are entered into an employment contract with a worker, for this, an additional agreement is signed.

A woman with a child up to 3 years old, working on abbreviated schedule, will be able to receive simultaneously and, and the salary is proportional to the spent time. But if the young lady returns to work during the famous decree, she will not be able to count simultaneously at the Bir and salary allowance. This law is not provided.

Order of the exit after maternity leave

To inform services and structural divisions about your permission to allow a woman to work after the decree, the employer publishes an order to the enterprise. Reason for this is statement of workers. In most organizations, the process is brought to automatism: the personnel department publishes such orders quite often.

The only moment is a woman puts her signature on the order (otherwise it will be considered a violation of the procedure). It is necessary to pay attention to the specified work schedule of the employee coincided with the one she asked in a statement.

Some preferences are provided with the baby to 1.5 years. In particular, it can interrupt labor activity Every 3 hours at least 30 minutes for feeding the child (Art. 258 of the Labor Code of the Russian Federation). This is not provided for by order, but legislation.

Dismissal Women on maternity leave and childbirth

For pregnant women and caressing for young children there are certain social guarantees. One of them - the impossibility of the dismissal of a woman who is on the decade, on the initiative of the employer (Art. 261 of the Labor Code of the Russian Federation). An exception is the case when the company terminates its activities due to liquidation.

A special situation is folded with the dismissal of a pregnant or gave woman working under an urgent labor contract. Previously, if the contract shall end during pregnancy, the employer did not have the right to dismiss it before childbirth.

However, from July 11, 2015, in the Labor Code of the Russian Federation, according to which the urgent employment contract with a pregnant worker must be extended Before the end of the pregnancy and childbirth leaves under the law. For this, a woman should write an appropriate application for the employer's name and provide a certificate from the female consultation.

Sometimes there are situations where the employer seeks to reduce the state and forces decaders to dismissal at his own request. If he offers a woman who is on maternity leave, disadvantageous conditions, it has full law to disagree. In this case, the employer's written offer must be responsible for writing. It cannot be fired because of this.

• On the one hand, most likely, the worker will be fired immediately after going to work.
• On the other hand, the work experience to the 3rd anniversary of the child will continue, and this is important.

When dismissing at your own request during pregnancy and childbirth insurance benefit for a woman do not persist.

Work on a maternity place

For a while, while a woman is on maternity leave or, in her place can take new employee (most often on an urgent labor contract) or to attract its duties of the part-to-room from the same organization.

For a new mom the workplace is preservedAnd her "deputy" works until it goes to work.

Conclusion is governed by articles section III TK RF. A temporary worker, replacing a woman on a maternity place, receives the same rights as the rest of the employees. The content and wording of the contract must observe its interests. Lawyers recommend employers to adhere to such rules when drawing up a document:

• As a condition for the employment of a new employee, the execution of the employee's responsibilities followed by the workplace (indicating the grounds for preservation).
• Due to the fact that the woman can get out of the decree at any time, it is undesirable to indicate the date of the end of the term contract. If it is necessary to interrupt early, the interests of the temporary worker will suffer.

Urgent contract is moving into a category permanentif mommy went to work, but after that, the replacement employee continues to work, and the employer did not show his will to dissolve temporary labor Relations (did not publish the appropriate order).

Conclusion

A working woman leaving in, according to the legislation of the Russian Federation, special social support measures. The female worker has the right to issue a vacation to prepare for childbirth, starting from the 30th week of pregnancy, and. From the moment of care to the decree, the employee can count on decal payment. Before the day, when her child will be three years old, behind mom saved workplace Without the right to be dismissed.

A woman is provided with certain guarantees, allowing to make a way to decree most convenient. For example, it is allowed to take before making decreasing. Each action related to vacation care, output from it, and so on, should begin with feed a female statement. Based on the statement, an order is published, regulating labor relations with a pregnant or giving birth to a woman for the nearest period of time. If you write statements on all vacation in time, there should be no problem.

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

What is decret

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

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

Documents for maternity leave

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

Before childbirth, a pregnant employee must be provided:

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

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

After childbirth, it is necessary to transfer:

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

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

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

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

So how many days you pay for maternity leave:

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

Pregnancy benefits and childbirth is paid at a time for all 140 days. Paid decree 100% of the amount average monthly salary employees (at the same time, the average daily earnings of no more than 1335.62 rubles.). Also, a woman has an annual paid vacation. She can walk it before going to the decret or extend their maternity leave.

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

How to receive benefits up to one and a half years

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

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

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

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

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

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

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

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

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

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

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

Maternity leave for moms only?!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Does working women can count on maternity benefits?!

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

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

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

Each woman in a certain life period wishes to have a child. Working citizens of Russia must be familiar with all the rules, the rules so that there are no problems in the future - maternity leave was paid by law. Consider in the article all the aspects of interest.

Children's payments

Payments child manual issued regardless of the status of a citizen working, not working. Payment of benefits to a working manner is produced at the workshop that are not working under the custody of the protection authorities. The benefits are appointed prenatal and postpartum.

Payment benefits for pregnancy and childbirth

The one-time is made after the end of the decree. In fact, the employee's salary accrued during the time she lasted decree. Money translates the social insurance fund, individual entrepreneurs will also receive such payments if an agreement conclude with the Fund for a deadline.

By law, finances begin to issue a pregnancy since 30 weeks, if Mom is waiting for more than one child, then from 28 weeks. Having visited the female consultation by passing, the future feminine should receive a certificate in a medical institution, proving that it is not able-bodied since a certain time. This certificate carries to the accounting department, there is a calculation - it takes no more than 10 days, after recalculation, the employee can get 100 percentage of wages.

How much lashes maternity leave

Ordinary childbirth - to childbirth receives 70 days and after 70 days in total 140;

With complications - up to 70 days after 86 days in total 156;

With complications of multipleness - up to 84 days after 110 and in total 194;

Childhood complex multiplodes are established only during childbirth - before childbirth 84 days, after 124 and in total 194;

Adoption of children up to 3 months after childbirth 70 days in the total number of 70 days;

Several adopted children - after childbirth 110 in the total number of 110 days.

If the employee works, while maternity leave started, it automatically loses everything social payments, get only salary.

What size is maternity leave?

Need to count the numbers:

Earnings over the past two years, the total number of days spent. The calculation should not include hospital sheets, previous maternity leave, exemption from work for some reasons. If the woman took the days at their own expense, days will be included in the counting. Also, insurance premiums should also be included, which were paid if the payments were not taxed by a contribution, it is not necessary to include them.

The size of earnings for the year should not exceed a certain limit in 2015 the limit of 670,000 rubles.

Approximate calculation:

The employee accompanies for the child makes accruals, it leaves 140 days. The number of working days after the calculation turned out to be 700, the salary in 2013 500,000 - the limit was not exceeded, in 2014 600,000 - the limit is also not exceeded.

Plus both salary: 500,000 + 600 000 \u003d 1100 000 rubles

Earnings for two years divide on days: 1100 000: 700 \u003d 1571, 42 rubles

This amount is multiplied by maternity leave: 1571, 42 x 140 \u003d 219 998, 8 rubles. This amount should be obtained for the entire period.

If the woman rose into account early deadlinesWhat a manual should she get?

We have stuck in the early time framework, receive 490, 79 once, concerns only those who rose up to 12 weeks of pregnancy. To get a manual, it is necessary to take a document in women's consultation, proving - an employee of such a thing, really stood up in the required time. It will also be necessary to submit documents that are requested in accounting.

Birth of a child and payout

By law, at the birth of a child, parents are paid by a manual in the amount of 14,497, 80 rubles, any parent can receive the allowance, at the place of work, submitting the necessary documents to the accounting department. If both parents work, only one can get, the second must submit a certificate that the manual has not been received.

Manual up to 1.5 years

) Payments are made until the baby becomes 1.5 years. Maternity leave Promotion immediately after a hospital sheet for pregnancy, childbirth ends. Money pays for social insurance fund, any member of the family can receive funds. The woman goes to work on time until the child turned 1.5 years, payments will be made. The size is calculated according to the following scheme.

40% of the earned fee received in two recent years. At the first woman can receive 2,718, 34 rubles per second 5,436, 67. Maximum size 19 855, 82. The working woman will receive 40% of the salary, mom who does not work minimal payments through the Fund.

Calculator decret

Calculator decret Online calculates the size of three maternity benefits: on average earnings, minimum and maximum. The result changes automatically when entering data.

All rules, limits, regional allowances and situations are taken into account in the online calculator. Will help to increase the benefit Due to the explanations, replacement of years, the exceptions of "zero" days.

Your experience (for life)

You need to specify starting for life. It does not matter whether he was interrupted or not.

Full calculation of decrets is possible only if there is more than six months in life. Otherwise - the calculation of the minimum wage.

The unemployed will be able to receive only $ 2861.32 ₽ from Russen (Sobes). It does not matter whether the experience was. Even if before this was very long experience. Women abolished less than 30 days ago can get "full decal payments", But only if they fired at special circumstances.

If a experience less than half a year Or at present, a woman without work, then a certificate of salary is not needed.

Full calculation / minimum / maximum.

Duration of maternity leave

How long does the maternity leave continue?
Depending on how pregnancy proceeds, the duration of the hospital can be different.

• 156 days (70 + 86) ,;
• 156 days (0 + 156) -.
• 194 days (70 + 124) ,;
• 160 or 176 days -;

Release date

From 01.07.2017 to 12/31/2017 from 01/01/2018 to 04/31/2018 from 01.05.2018 to 31.12.2018 from 01/01/2019 to 31.12.2019 from 01/01/2020 to 31.12.2020
Mrots: 11280

The release date for maternity leave determines which minimum wage will be used for a minimum decree calculation, and what two years you can take. After all, you can't take the current year.

The date of exit to maternity leave determines the exclusively sick leave. Applications cannot be changed.

Salary and revenues

The amounts of hospital, maternity and children's benefits in this calculation are never included.

These amounts are taken into account in the decret calculator. Above this amount income may not be (you can't enter), because No contributions are paid to the FSS. For example, for 2018, such an income may not exceed 815,000 rubles.

Estimated years

Take two years preceding the year of exit to the decree (in 2018 - this is from January 1, 2016 to December 31, 2017). At the same time, the date of the beginning of the hospital is important for the choice of years, and when childbirth is not important. You can only take a full year from January 1 to December 31. Two identical years choose in an online calculator can not be. The year of exit to the decree is impossible to take into account.

For a child or on maternity leave (at least one day), then, if desired in a decret calculator, you can replace the year (one year) at the previous year (year) (). Replace the year on other grounds (for example, if it did not work). At the same time, it is possible to replace only for the previous year. You can not take any years to replace.

For example, a woman goes on decree in 2018. Prior to that, she was 3 years on vacation for child care 2015-2018. Then you can take any 3 years in the period from 2013 to 2017. For example: 2014 and 2016.

If all year on vacation?

Excluded days

By day, they consider average earnings. The less days, the better. If you do not exclude 730-732 days (for 2 years). To completely eliminate the days is not desirable. In the absence of days, the calculation "minimum".

When calculating maternity and children's benefits, the number of days can be reduced. You can exclude:
ordinary hospital child care vacation;
simple for the fault of the employer etc.).

No other cases can reduce the number of days in the calculator. And if, for example, a woman from two estimates worked for only a year (month, a year and a half - no matter), and the rest of the time was simply unemployed, then divided by 730. And it reduces the calculation.

Excluded days:

From 0 to 730 (365 + 365). Integer.
Number of days for calculation: 730

results

If there was no income or no days for the calculation, then the calculation will be minimal.

If the calculation is less than the minimum amount. Get a minimum. References about the salary then provide no need.

Above the maximum, it will not be possible. For each selected year, your maximum.

What are maternity?

Decrehny - This is a one-time maternity allowance (at least 51,380 rubles in 2018). Decal issued FSS on a hospital sheet for a period from 140 to 194 days. To calculate the average earnings for two calendar years. Decal payments can only get a mother.
Such a hospital is given immediately (and paid by one amount) for the entire time and part is not divided.
Minimum (by minimum wage) - 51,918.9 (from January 1, 2019), 51 380.38 (from May 1, 2018); Maximum - 301095,20 (in 2019), 282493,40 (in 2018).

Duration

• 140 days (70 days before the expected date of birth and 70 days after) with uncomplicated pregnancy;
• 156 days (70 + 86), if childbirth passed with complications or baby;
• 156 days (0 + 156) premature childbirth (between 22 and 30 obstetric weeks).
• 194 days (70 + 124), if the appearance of several children is assumed;
• 194 days (84 days before the birth of a child and 110 after), if several children suddenly appeared;
• 160 or 176 days decret in the Chernobyl zone or in another zone of pollution;

Mothers eligible for pregnancy and childbirth, in the period after giving birth to receive from the birth of a child, to receive either maternity allowance, or a monthly child care allowance (255-ФЗ Article 11.1).

Decree deadline

Hospital for pregnancy and childbirth Moms leave most often in 30 weeks. At 28 weeks, if the birth of several children is predicted.

By the date of release, the allowance consider the allowance. It is especially important if the hospital opens at the end of December or early January.
The exact date of exit to maternity leave determines exclusively by the doctor in the hospital sheet. No statements will fail to correct this date.

Calculation of decrets

1. Minimum
2. Calculation of average earnings for 2 years (by calculation)
3. Maximum

Minimum\u003e salary\u003e maximum

Decal will be paid on average earnings, but no less minimum and no more maximum.

Minima calculation

The minimum amount of decreal is considered very simple.
Let us give an example of a minimum for standard conditions in 2018:

Mrots on the day of opening of the hospital leaf (11163) × 24 (months) ÷ 730 (calendar days for 2 years) × 140 (duration of the maternity leave) × 1 (rate at work) × 0% (district coefficient) \u003d 51380.38

The district coefficient can be viewed.
To calculate the minimum always take 730 days

* Less than the minimum amount cannot pay.
If experience is less than 6 months, then they will only pay the minimum amount.

Calculation of medium earnings

We give an example of calculating the average earnings
Simple single-lodge pregnancy (140 days) | Income for 2 years 480 000 rubles | 6 days of illness (725 days):

480000 (salary for 2 years) ÷ 725 (calendar days) \u003d 662.07 ₽ (medium day earnings)
662.07 (Middle Day Earnings) × 140 (sick leave duration) \u003d 92689.8

The experience on the calculation does not affect. There is only one rule - the experience should be more than 6 months, otherwise minimum.

Salary and revenues

The salary takes full (with NFFL). The income includes: vacation, official awards, travel (mining of hospital).

The amounts of hospitals, maternity and children's benefits on maternity calculation are never included.

For income of each year installed maximum limits. Above this amount income may not be (you can't enter), because No contributions are paid to the FSS. For example, for 2018, such an income may not exceed 815,000 rubles.

Years for calculation

Take two years preceding the year of exit to the decree (in 2018 - this is from January 1, 2016 to December 31, 2017). At the same time, the date of the beginning of the hospital is important for the choice of years, and when childbirth is not important. You can only take a full year from January 1 to December 31. Two identical years cannot be chosen. The year of exit to the decree is impossible to take into account.

For example, if a woman goes on decree in 2018, then 2018 she will not be able to take under any circumstances.

If you are in the settlement years (year) were on leave Behind the child or on maternity leave (at least one day), then, if desired, you can replace the year (one year) at the previous years (year) () to replace the years on other grounds (for example, if not working). At the same time, it is possible to replace only for the previous year. You can not take any years to replace.

For example, a woman goes on decree in 2018. Prior to that, she was 3 years on child care 2015-2018. Then you can take any 3 years in the period from 2013 to 2017. For example: 2014 and 2016.

If all year on vacation? If the woman was on the care of the child all year, then this year can safely take, because It does not affect the calculation (all of his days are excluded). But you can not take two such years. One must be salary and income. Otherwise, a minimum.

Is it possible to take only one year? In case of the case described, one year is actually taken, because Decal days exclude completely. But for calculation always take two years.

Days for calculation

The less days, the better. But it is impossible to take zero. In the absence of days, the calculation "minimum"

730 or 731 takes (the number of calendar days in two years). But there are exceptions ...

When calculating maternity and children's benefits, the number of days 731 can be reduced. When calculating, you must eliminate:
1) periods of temporary disability ( ordinary hospital), maternity leave (maternity), child care vacation;
2) the periodization period of the employee from working with full or partial salary conservation in accordance with the legislation, if the insurance premiums in the Social Insurance Fund for the Social Insurance Fund for this period have not been accrued ( simple for the fault of the employer etc.).

No other cases can reduce the number of days. And if, for example, a woman from two estimates worked for only a year (month, a year and a half - no matter), and the rest of the time was simply unemployed, then divided by 730. And it reduces the calculation.

Maximum

The amount of the maximum depends solely on the selected two years and the duration of the maternity leave
Example of calculating the maximum for selected years 2016 + 2017. Duration 140 days.:

718000 (maximum amount for FSS in 2016) + 755000 (maximum amount for FSS in 2017) \u003d 1473000 (maximum earnings for 2 years)
1473000 (maximum earnings in 2 years) ÷ 730 (calendar days in two years) \u003d 2017.81 ₽ (medium day earnings)
2017.81 (average day earnings) × 140 (duration of the maternity leave) \u003d 282493.4 ₽

All payments to pregnant and mothers (list)

Documents for appointment

For appointment and payment of maternity benefits (decreh), documents are needed:

• disability leaflet (sick leave);
• if the calculation of the benefit on the Bir will be produced by one of the last jobs on the choice of a woman, a certificate from another policyholder that the assignment and payment of this manual is not carried out by this insured;
• if you wish to replace the estimated year (or one year) to earlier, it is also necessary;
• (if in estimated period Woman worked with other employers). This reference is not mandatory. You should first make a calculation and understand whether you need to provide it. After all, if you worked in the design period a bit and / or you had a small salary, then the calculation (for example, 20,000 rubles) will be less minimum (35,901,37 rubles per full rate) and then there is no point in spending time on the certificate;
• sometimes they ask for a statement: a sample application for pregnancy and childbirth for benefits. Although the sick leave is usually enough.

If a female worker for two years, which are calculated, was in maternity or child holidays, one or both of the estimated period can be replaced by preceding (255-ФЗ Article 14). Of course, if the employee is so profitable. To do this, she must write a special statement. But consider the calculation of real payments, which are not indexed.

Download free Sample 31 KB. Word (Doc)

Payment

Who pays?

Vacation for all these days, including weekends and holidays, is paid at the expense of the FSS. And it does not matter at what mode of taxation is the company. Payments produces an employer, and it is already FSS (SOCI) then reimburses.

Pilot FSS project (now more than 20), the reimbursement of benefits will occur directly to employees from the FSS. At the same time, the employer helps the employee to collect all the documents.

When I get?

Pregnancy and childbirth must be calculated and accrued on time no later than 10 calendar days from the moment the employee asked him. The base is the original hospital sheet. The manual is paid in the next day when the company issues wages, and in the total amount. That is, it is not necessary to "flick" for months.

Timing

Dates of appeal

Benefit for pregnancy and childbirth is appointed if the appeal followed him no later than six months from the date of completion of maternity leave (255-ФЗ Article 12 of claim 2).

Recalculation to increase

In case you have new documents or you decided to calculate in another way (,,), you have the right to apply for the recalculation of benefits during three years To increase the size of the maternity benefit.

The application is written in free form.

Can I select a date or transfer?

The issuance of a disability sheet of pregnancy and childbirth is produced in 30 weeks of pregnancy (p. 46 of the procedure for issuing disability leaves, approved by the order of the Ministry of Health and Social Development of Russia of June 29, 2011 No. 624N).

In case a woman when contacting medical organization in set time Refuses to obtain a leaflet of disability on the BIR for a period of maternity leave, its refusal is fixed in medical records. With a reapproof of a woman before childbirth, a sheet of maternity disability and childbirth for making a disability leave 140 (156 or 194) calendar days from the date of the primary appeal to the specified document, but not earlier than the period established by paragraphs first or the second paragraph.

Those. Theoretically, the period can be moved to later (for example, for January, so that the current year is in the calculation). On earlier it is impossible.

Pension (experience)

The period of the hospital (he is hospital, not vacation) for pregnancy and childbirth (in common "maternity leave") is always included in the retirement experience, as well as any period of disability (PP.2 claim 1 of Article 11 of the Federal Law of December 17, 2001 N 173-FZ "About labor pensions In Russian federation").

Vacation experience

The period of maternity decree and childbirth is included in the vacation experience, and the period of child care leaves up to one and a half (three) years does not turn on.

Rights

Annual vacation is laid!

According to Art. 260 TC. "Before maternity leave or immediately after it, or at the end of the child's leave to care for a child, an annual paid vacation (28 days) is provided, regardless of the experience of the employer." .

At the same time, if a woman has a vacation experience less than 28 days, the holidays are issued to it in advance. These holidays are either included in the vacation experience, or returned when dismissal.

Where to contact, if maternally accrued decreh?

First try to solve this question with an accountant. If it does not work, you will turn into an employment inspection or FSS. Recalculation can be asked for 3 years.

Belt and dismissal

A pregnant woman from the existing organization (and IP) cannot be dismissed (Art. 261 of the Labor Code of the Russian Federation) on the initiative of the employer. Also such a woman it is impossible to write a score, because Pregnancy is always a valid cause of failure to appear.

If the decretary was fired with the liquidation of the organization

It is necessary to take references and go to the organs of social support (Rossen) - to pay the benefit will be in full, as before dismissal.

Employees of organizations in which the bankruptcy procedure began can contact the FSS directly to get hospital or decal benefits (Federal Law of March 9, 2016 No. 55-FZ).

Is it possible to work ahead of time?

The worker has the right to go to work until the end of maternity leave. However, it is impossible to obtain a manual and salary simultaneously (there may be claims from the FSS). Therefore, you can go out only unofficially.

Urgent employment contract (contract)

If the employee was in a position and at the same time a urgent employment contract was concluded with her, its action is extended until the exit of workers from hospital for pregnancy and childbirth (decret). It was not possible to dismiss such a worker.

If on the decree a student

The right to maternity benefits have women students full-time learning in educational institutions of primary professional, secondary vocational and higher vocational education (Universities), in institutions of postgraduate vocational education. This allowance is paid to the Mama students in the amount of scholarships installed educational institution (Decree of the Government of the Russian Federation No. 865 dated December 30, 2006).

Situation

If two jobs?

I. in 1 employer for more than two years and 2 employer for more than two years. If the employee at the time of issuing a maternity hospital worked in several places, and in the previous years worked all the time there, then decada payments are made at all places of work. A monthly maternity benefit for a child is paid only at one site to choose an employee and is calculated from the average earnings of workers.

II. In 1 employer less than two years and 2 employer less than two years. If an employee at the time of issuing a maternity hospital worked in several insurers, and in two previous two, other policyholders worked, then all payments are appointed by the employer to her one of the last jobs in the choice of decades.

III. In 1 employer for more than two years, and 2 employer less than two years If an employee at the time of issuing a maternity hospital worked in several insurers (employers), and in the two previous years he worked both in both other policyholders, then maternity payments can be made in one place of work, with an average earnings for all employers, So in all current employers, from average earnings at this place.

Although according to the judges of the Moscow District in the decision of May 11, 2016 No. F05-5284 / 2016, it was said that the decontrum in any case should receive two benefits (paragraph 2 of Article 13 of the Federal Law of December 29, 2006 No. 255-FZ ).

If the experience in life is less than six months

If your overall insurance experience is less than 6 months, then you will receive a maternity leave - 1 minimum wage per month. Also, when calculating the amount turned out less than the calculation of the minimum wage, then the calculation of the minimum wage (see above in the table).

Mroth in all regions is taken by the federal. Without allowances. Mrots from July 1, 2016 - 7,500 rubles.

If I work for an incomplete day?

If an employee works incomplete day, a minimum wage for minimum decrehs, you need to recalculate. Let's say, for an employee working on Pol Mark, the minimum wage will be 2165 rubles. (4330 rubles: 2).

If the mortgage is unemployed?

Learned women should apply to the local branch of Rossen (district management of social protection of the population, he is Russen, he is a paradise of sobes). The payment is made by the territorial body of the FSS appointed a manual. You can also register into the employment center and receive unemployment benefits.

If twins or adopted unforeseen

If the mortgage initially discharged a hospital for 140 days, but it was unforeseen twins, hospital (decreasing time) should be extended for 54 days. Not only pregnant women can count on decadal. This right is given to women who decided to adopt the baby under the age of three months. The manual is paid for the period from the date of adoption and before the expiration of 70 days from the moment of the birth of the child. If the family takes two or more children, then such a period is paid: from adoption to 110 days from the birth of kids.

If before decree, go on vacation will affect maternity payments?

It will affect, but slightly - the holidays are included in the calculation, but usually they are almost equal to sn.

If at the decontrum in the estimated period there was no earnings

In the calculation, all payments are involved in all work places over the past two calendar years, which contributions to the FSS of the Russian Federation were accrued. But in practice, the situation is quite possible when the employee during the estimated two years did not have earnings. In this case, it is necessary to calculate the manual based on the minimum wage.

If a female worker for two years, which are calculated, was in maternity or child holidays

If a female worker for two years, which are calculated, was in maternity or child holidays, one or both of the estimated period can be replaced by preceding (255-ФЗ Article 14). Of course, if the employee is so profitable. To do this, she must write a special statement. But note: the calculation takes real payments that are not indexed.

If a recently got a job on a job and there was no earnings in the preceding two years, it is impossible to replace the year only on this basis.

At the same time, it is possible to replace only for the previous year. You can not take any years to replace.

Accountant (reporting)

Taxes with decreh

Income tax (NDFL 13%) is not detected from maternity. Contributions to the FIU and FSS with these payments are also not produced (in accordance with paragraphs. 1, paragraph 1 of Art. 9 of the Federal Law of July 24, 2009 No. 212-FZ "On Insurance Contributions to Pension Fund Of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Territorial Funds of Mandatory Medical Insurance ").

Reporting

Funds for decading firm receives within 10 calendar days after it submits all the necessary documents. In the FSss of the Russian Federation, it is necessary to submit a written statement, the calculation in the form of 4-FSS of the Russian Federation for the period confirming the accrual of expenses for the payment of insurance coverage may also require even the calculation of benefits. IP (in contrast to organizations) can receive these funds to any account (even personal) or a savings book.

At first, the organization (IP) pays this manual (or part of it), then the FSS reimburses it. If the FSS refused to reimburse this manual, then it needs to be either return, or to maintain insurance premiums and retain the NDFL, then this amount is essentially a conventional award. Or you can spend it as material assistance

In those regions where pilot FSS project to reflect decrehensive in reporting is not necessary. After all, their FSS pays directly.

Material responsibility with maternity

Remove anything from maternity benefits, as well as for child care, an employer is not entitled. Even if the material responsibility agreement was signed and you have contradicted the property, the benefits are always paid in full.

Reimbursement of benefits and expenses 2017

Since 2017, all benefits and expenses should be reimbursed from IFTS. To do this, for the periods until 2017, it is necessary to provide 4-FSS, and after 2017 a certificate of calculation (its form has not yet been approved).

In those regions where the pilot FSS project operates (now there are more than 20), the benefits will be reimbursed directly to employees from the FSS. In 2020, all regions join this project.

Woman entrepreneur (IP)

Size allowance

If IP voluntarily paid Contributions to FSS - the allowance will be minimal. From May 1, 2018 - 51380.38 rubles.

Total 2 options: or minimum fss or nothing.

Required condition!

Contributions must be paid for the preceding calendar year (article 4.5. P.6 255-FZ).

Those. If you open the maternity hospital in 18 years, contributions must be paid for the entire 17 year.

Contribution size

All women pay (voluntarily) fixed amount In FSS based on one minimum wage. Pay more or less than on the basis of the Mroth, the entrepreneur cannot.

Contributions:
7500 Mrot * 2.9% rate \u003d 217.50 rub. / Month or 2610 rub. for just 2017,
9489 * 2.9% \u003d 275,18 rub. / Month or 3133,43 rub. For just 2018.

Payment of IP in the FIU

The female IP on a maternity hospital may not pay contributions to the FIU (letter of the Ministry of Health and Social Development of Russia of 03/22/2011 No. 19-5 / 10/22-2767). This question is controversial, but the courts on the side of the IP. Since 2013, in 212-ФЗ, Ch.6-7 Article 14 of Article 14 has made changes: you can not pay fixed contributions during the departure of one of the parents for each child until it reaches the age of one and a half years, but not more than three years in total in case of submission Documents confirming the lack of activity in these periods.

Documentation

Business woman in FSS must provide documents:

• Statement of an individual entrepreneur in the FSS of Russia on the appointment of maternity benefits; (Word, 37 KB.)
• sick leave;

Reporting

Employment

If IP is still working on an employment contract

There may be various options for obtaining maternity benefits:

• at the time of the offensive insurance case The PI in the two preceding calendar years did not change the work on the employment contract and at the same time led to activities as IP. At the same time, the entrepreneur voluntarily entered the legal relationship on compulsory social insurance and paid contributions to the FSS of Russia during the two preceding calendar years. In this case, he receives benefits in two places: in the territorial department of the FSS of Russia in the residence and the employer with whom the employment contract is concluded;
• at the time of the insured event, IP in the two preceding calendar years worked with other employers and was not registered as an entrepreneur (voluntary insured). Then the benefits are paid in one place - in the last employer, with whom the employment contract is concluded;
• at the time of the insured event, IP in the two preceding calendar years worked as a real employer and other employers, and at the same time led to activities as an entrepreneur. At the same time, the entrepreneur voluntarily entered the legal relationship on compulsory social insurance and paid contributions to the FSS of Russia during the two preceding calendar years. In this case, he has the right to choose where he receives a manual - in all areas of work (and in the territorial department of the FSS of Russia, and the last employer) or one of them (only in the territorial department of the FSS of Russia or only at the last employer).

If the woman IP worked or got a job later, then no reference to wages From his IP she cannot provide. After all, the income of the IP is not a salary. The income of the IP for FSS is always zero (even if IP voluntarily consists there (yal)), because IP does not charge the salary itself.