Being pregnant, a girl or woman gets the opportunity to properly prepare for the birth of a child. All pregnant women who have given birth, are officially employed or are in military service have the right to take maternity leave. Usually this period involves at least 3 years, but in fact, it also includes part of pregnancy - in the later stages, a pregnant woman needs additional care, a woman should protect herself from unnecessary stress and strain. The maternity leave includes 3 leaves: in connection with pregnancy and childbirth, in connection with the need to care for the baby and in connection with the adoption of a child. Guarantees are provided for persons on maternity leave - women have the right to take advantage of financial assistance to prepare for childbirth and to care for the child immediately after birth.
Maternity leave and labor legislation
Officially employed people have the right to count on all benefits from the state; this situation is regulated by the federal law of the Labor Code of the Russian Federation No. 197-FZ of December 30, 2001. It is worth understanding that maternity leave differs from maternity leave for up to one and a half years. These are different types of leaves that only a woman can get. There is also a type of leave that is available for those citizens who have adopted a child.
The start date and duration of maternity leave are determined by the Labor Code of the Russian Federation. Labor legislation allows all working representatives of the fair sex, military personnel, the unemployed, students and those on the labor exchange to take such leave.
How much does a woman receive maternity payments and what does it depend on?
The amount that a future woman in labor receives depends entirely on the amount of payment for her work for a certain period of work (two years before the year of maternity leave). The accounting department is responsible for calculating maternity benefits using a certain formula.
Are government payments available to a pregnant woman who does not have a job?
Unfortunately, if a woman has been a housewife for many years due to lack of proper education, desire to work, or simply did not need it, or found herself unemployed during pregnancy, state payments are not provided for her. But there are exceptions in connection with which the expectant mother can still count on benefits. For example, if the dismissal was associated with a reduction in the position she held, or with the cessation of work of the company or institution where she was previously employed.
Is maternity leave possible before childbirth?
Registration of maternity leave begins with the woman receiving a certificate of incapacity for work, usually this happens after 30 weeks, but you can go on maternity leave earlier than the due date if the health of the pregnant woman requires it or there is testimony from a doctor from the antenatal clinic.
If twins or triplets , leave is issued from the 28th week. When exactly the expectant mother should go on maternity leave is decided by the doctor who is seeing her. The duration of the vacation also depends on several factors: doctor’s testimony, the number of fetuses, and the characteristics of the birth.
When are maternity benefits paid: before or after childbirth?
Payment for maternity leave is carried out based on the average daily earnings, calculated from the total salary for the two full years preceding the year of maternity leave. If there is insufficient work experience, the average salary is calculated from the period that is available. Average earnings are defined as the total value of the salary paid for the time actually worked, excluding periods of incapacity for work, vacations at one’s own expense, one-time bonuses that are not included in total income, etc.
This question is very relevant, and occupies the thoughts of the future young mother along with worries about acquiring the necessary children's things. This article will help you understand the timing of such payments and learn about the features of state social support for motherhood and childhood.
When do they go on maternity leave?
Maternity leave starts from the 30th week of pregnancy. Its duration is indicated on the sick leave certificate signed by the gynecologist with whom the woman is registered. It is the certificate of incapacity for work that determines the start date of the vacation. But an obstetrician-gynecologist observing a pregnant woman does not have the right to issue sick leave after the 30th week. People go on maternity leave at 30 weeks, unless there are other indications.
In some cases, other deadlines for registration of maternity leave are established:
- 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, and some others.
- 28 weeks - in case of multiple pregnancy.
- If a woman has a premature birth between 22 and 30 weeks - from the day of birth.
When is an employer required to pay maternity benefits?
Soon after being discharged from the maternity hospital and receiving the long-awaited birth certificate, the new mother is entitled to a lump sum payment for the birth of the baby.
- all kinds of emergency circumstances (earthquake, flood, hurricane, fire, etc.);
- sustained injury or long-term illness lasting more than 6 months;
- illness or even death of a close relative;
- moving to another city or town;
- forced absenteeism in case of illegal removal (dismissal) from work;
- some other reasons that may be recognized as valid by the court.
How many days does maternity leave last by law?
The total duration of leave can vary from 140-214 days, the total number of days depends on the characteristics of pregnancy and childbirth. The labor and employment leave itself can be postponed at the request of the woman - she writes a statement to the employer indicating the reason for the postponement and the period.
The number of days on maternity leave may vary depending on the place of residence of the woman in labor, her position, the characteristics of the pregnancy and the number of children. The law does not prohibit women from going to work during maternity leave if the need arises. Usually its period is 70 days before the birth of the child and 70 after. The period of maternity leave is counted from the moment the woman is discharged from sick leave.
Maternity leave table
Reasons for vacation | Length of maternity leave (calendar days) | Resolution | |||
Before giving birth | After childbirth | Total days | |||
Normal birth (no complications) | 70* | 70 | 140 | Part 1 Art. 10 of the Law of December 29, 2006 No. 255-FZ Art. 255 Labor Code of the Russian Federation, clause 10 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n clauses 46–50 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n | |
Complicated childbirth | Singleton pregnancy | 70* | 86 | 156 | |
Multiple pregnancy, including: | |||||
– installed during pregnancy; | 84* | 110 | 194 | ||
– installed during childbirth | 70* | 124 | 194 | ||
Adoption of a child under three months of age | – | – | from the moment of adoption of the child until the expiration of 70 calendar days from the date of his birth | Part 2 Art. 10 of the Law of December 29, 2006 No. 255-FZ Art. 257 of the Labor Code of the Russian Federation, clause 11 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n | |
Adoption of two or more children under three months of age | – | – | from the moment of adoption of children until the expiration of 110 calendar days from the date of their birth |
Expectant mothers living or working in areas exposed to radioactive contamination after the Chernobyl nuclear power plant disaster, in an area with the right to resettlement, have a total of 90 prenatal days according to Law No. 1244-1 of May 15, 1991
For pregnancy and childbirth
The minimum duration of maternity leave is 140 days , however, the duration of maternity leave may vary, depending on the woman’s place of residence. In places where the area is especially polluted, such a vacation involves healing outside the home - in a cleaner place. Here the vacation period should be extended by 20 days .
For child care
Parental leave is usually 70 days , but if the birth is complicated by circumstances, postpartum recovery will take longer and the leave period is increased by another 16 days. For multiple pregnancies, postpartum leave is 110-124 days . Multiple births, complications of childbirth, contaminated areas - all these are factors that influence the duration of maternity leave.
child care statements for 2020
Types of financial assistance
Maternity leave , popularly referred to as “maternity leave,” involves release from work while maintaining length of service and place of service and receipt of social benefits provided by the employer or local branches of the Social Insurance Fund.
Maternity leave is divided into two parts , its duration depends on certain conditions and can be different:
- 70 days for the pre- and postpartum part (140 calendar days in total);
- if it is expected that the birth will be complicated, the postpartum part is increased by 16 days (156 days in total);
- if several babies are expected to be born at once, then two weeks are added to the first part and forty days to the second (194 days in total).
When going on vacation, a woman receives sum maternity benefit ; its calculation is based on her average income for the last two years.
If a woman works in not one, but several work groups at once, then maternity leave is provided at each place of work.
Parents can also count on receiving the following compensation payments :
- Additional benefit for early registration in the amount of 655.49 rubles .
- a lump sum payment upon the birth of a child as financial support from the state for the enlarged family. The benefit amount in 2020 is RUB 17,479.73 . They receive it from social security or from the organization they work for.
- The care allowance is received by the mother or any other relative caring for a newborn every month from birth to one and a half years of the child. The amount of financial assistance will depend on the average monthly salary of the last two years and will be approximately 40% of this income. The minimum and maximum limits of this amount per child in 2020 are no less than 4,512 rubles and no more than 26,152.39 rubles .
If a woman, while on maternity leave, is expecting the birth of her second baby , then all allowances, as well as leave, are provided to her again according to the same scheme.
All payments and benefits for BiR
Payment for maternity leave is made once, its amount covers the entire period before and after childbirth, which is indicated in the application for leave. The benefit depends on the salary level, and the higher the salary, the higher the benefits the pregnant woman receives. By law, a woman receives payment for each month of her vacation; in the company, this time is paid in full and amounts to approximately 100% of the average monthly income for the last few years of work. Female students can count on maternity benefits based on the scholarship awarded
Payment for maternity leave
Payments and benefits for employment and economics are available to: working people, students, employees and the unemployed who are registered with the employment center. However, the status of the mother in labor determines the amount of the benefit. For the unemployed, it is equal to the amount of unemployment assistance or cash support; for students, it is equal to the amount of the scholarship. Payments cannot be lower than 25% of the subsistence level determined by the state. If the company was liquidated, the maternity leave fee will be 300 rubles per month. In the absence of work experience, a pregnant woman receives payments in the amount of 1 minimum wage. An unemployed woman can count on a lump sum payment in 2020.
Online calculator for maternity benefits in 2020 - calculating maternity benefits for sick leave
How to calculate the amount of payments?
Payment for maternity leave occurs in accordance with current legislation; for this factor there is a certain formula for calculating benefits, which takes into account both total earnings (OZ), and average daily earnings (ADE), and the number of calendar days that are taken into account in accordance with Art. 10 of Law No. 255-FZ of December 29, 2006
Average daily earnings should be calculated using the following formula: SDZ=OBZ/(730-ID). Then the formula for calculating the amount of benefit (P) will look like this: P=SDZ*DD . In this case , DD is the number of days of maternity leave recorded on the certificate of incapacity for work , ID is the days excluded from the calculation, 730 is the number of calendar days for 2 years.
In accordance with this formula, the minimum maternity benefit is 51,918.90 rubles . Maximum – 301,095.89 rubles . The new law in 2020 brought changes to this amount, now the maximum benefit threshold is RUB 322,191.80, and the minimum is RUB 55,830.60. For the third and subsequent children, benefits are not provided at the federal level.
Online FSS calculator
To calculate child care benefits online, you must provide the following data: date of birth of the child, number of children, rate, number of working hours, wages, number of excluded calendar days, duration of absence from work. The Social Insurance Fund (SIF) portal offers a calculator for portal guests. It is convenient to calculate the amount of payment on the official FSS resource, which has the most complete information on current rates.
Early registration benefit
Separately, pregnant women are provided with a one-time type of benefits - for early registration at a medical institution. This right is granted to women who register before 12 weeks of pregnancy. The following can apply for it: citizens working on the basis of an employment contract, girls in full-time education, military personnel and even unemployed women . In 2020, the amount of such benefit is 628.47 rubles , excluding the regional coefficient.
Required documents
To receive a one-time benefit in the early stages of pregnancy, you must provide a certificate from the antenatal clinic, which will indicate the reason for registration . The certificate can also be issued at another medical institution. This type of benefit also requires writing a corresponding application.
One-time benefit for the birth of a child
At the birth of a child, the family can count on a one-time benefit from the state. At the same time, any family member can be the recipient of assistance. In 2020, the amount of such payment is 18,004.12 rubles. + regional coefficient . If there are more than 1 children, this amount is paid for each child born. The benefit can be received at the place of work; unemployed people and students can receive payments from the social security authorities. If the child died while still in the womb, the amount is not calculated.
Child care allowance up to 1.5 years old
Child care benefits for up to 1.5 years are monthly payments amounting to approximately 40% of the average monthly salary for the existing position (if the mother is working). When wages are below the minimum wage, then the benefit is calculated using a different formula and is 40% of the minimum wage. At the moment this amount is 4512 rubles.
Such payments are issued regardless of the availability of work, study or service. Only the source that issues the funds changes. To receive payments to unemployed people, you need to contact the Multifunctional Center or USZN. Working citizens can contact their employer, where payments will depend on the average salary for the last 2 years. Their amount will be 40% of the salary. The minimum rates for caring for a baby up to 1.5 years are indicated as: 3,277 rubles, the maximum – 26,152 rubles.
Online calculator for child care benefits up to 1.5 years in 2020
Child care allowance up to 3 years old
Child care benefits up to 3 years of age are given to employed people, students, and military wives. Its amount is 50 rubles , funds are awarded only to those women who are on maternity leave until the baby’s 3rd birthday. When the child turns 3 years old, the next day the woman has the right to go to work.
Benefits for citizens with children
In addition to the above, in 2020, a woman is also paid benefits in the amount of 40% of the minimum wage if the situation in the family is critical and income is reduced to the limit. This may be facilitated by dismissal, lack of normal work in a particular area, lack of opportunity to get a job and other life circumstances. The state is ready to assist the family in raising a child and provide it with a certain amount of funds, which the family will receive until the child turns 18 years old.
If a family's total income is below the subsistence level, it is entitled to monthly payments. This often happens due to the absence of one of the parents, but in the latter case the level of payments is slightly increased. The level of such payments may differ in each region.
Maternity benefits for women who have adopted a child
Maternity payments are available not only to women who have given birth, but also to those who have adopted a child. Leave in this situation begins at the time of adoption and lasts until the end of 70 days from the date of their birth. If there are two or more children, this period lasts 110 days. A woman adopting a baby is entitled to maternity leave.
Can a father receive child benefits?
The father cannot receive “children’s benefits” for pregnancy and childbirth , but he can be provided with child care benefits. Leave for up to one and a half or three years can be taken by close relatives, and not just the mother of the child. However, the benefit is issued only 1 time - to the mother, father, grandmother, grandfather or other relatives for 1 child.
Maternity benefits for unemployed women
Non-working mothers who are not registered with the employment center cannot receive benefits under the BiR. Only those women who were fired due to bankruptcy and liquidation of the company have the right to apply for maternity leave.
Privileges for non-working women
Unemployed women can not only count on maternity benefits, but also enjoy certain medical benefits. Another privilege for such citizens is receiving unemployment benefits. To do this, a woman must contact the employment center and officially receive the status of an unemployed citizen.
Birth benefits for women registered as individual entrepreneurs
If a woman is registered as an individual entrepreneur, she has the right to receive benefits under the BiR only if she has paid insurance premiums. The benefit is paid depending on the minimum wage and amounts to 55,831 rubles.
Benefits for pregnant full-time students in 2020
Full-time female students receive maternity benefits in the amount of their scholarship.
One-time maternity benefit for conscript wives
The wife of a conscripted soldier can also receive maternity benefits. Such persons are provided with a one-time payment in the amount of RUB 28,511.40. (according to the resolution as of February 1, 2020). Financial assistance is issued if at the time of pregnancy the service lasts 180 days or more. At the same time, even citizens who do not have any rights to other government payments can apply for payment, which is regulated by Federal Law No. 81-FZ.
Maternity leave and social security benefits
Maternity leave is also accompanied by social insurance payments, which are calculated in the form of the average salary of the expectant mother over the past 2 years.
What payments is a woman entitled to after the birth of a baby?
After giving birth, the mother must obtain a birth certificate for the baby. In this case, the woman is entitled to a one-time payment of financial assistance.
In order to receive the funds due by law, the maternity leaver must present a document issued at the maternity hospital at the place of employment. The amount of the benefit does not depend on the employee’s region of residence and is 15.5 thousand rubles.
A one-time payment is received after submitting all necessary documents. It is worth noting that the father of the child is also entitled to this benefit, to whom the money must be transferred by his employer.
Unemployed citizens have similar rights. Thus, persons who do not have official employment will have to visit the social protection authority at their place of residence.
Important! Unemployed citizens can contact the social security department and demand payment of funds only when they are registered with the Social Security Center.
Full-time students are paid financial assistance at their place of study.
The main point when receiving benefits is the deadline for filing an application. The mother of the baby must apply for payment no later than six months from the end of her leave on sick leave.
The authority to transfer maternity benefits is vested in the Social Insurance Fund. The Fund transfers benefits after the applicant provides a complete package of documents. It is worth noting that a woman has the right to choose one of two ways to receive funds: through the post office or to an account opened with a banking organization. Payments are made no later than the 26th day of the month following the month in which the papers were accepted.
If the employer independently pays the benefits due to the maternity leaver, then he links them to salary transfers.
If a woman is insured, she receives benefits in connection with pregnancy and childbirth in total for the entire maternity leave.
Important! A new mother can count on receiving funds even if she did not have time to submit an application within six months. In this case, the issue is considered individually by the FSS.
The adoption of a positive decision by the FSS is associated with the woman’s presentation of significant evidence that she did not have the opportunity to apply for payments within the specified time frame due to certain circumstances.
Objective reasons include:
- unforeseen situations (fire, martial law, earthquake, hurricane, flood, etc.);
- a serious illness requiring long-term treatment or surgery. Its duration should not be less than six months;
- illness of a relative or his death;
- moving to another place;
- illegal dismissal from work or suspension from employment;
- other reasons that will be recognized as valid by the court.
Registration of maternity leave and payments
Registration of maternity leave is carried out according to a certain algorithm and with a certain list of documents. A woman is required to visit a gynecologist, register, and then provide her management with an official certificate from the doctor about pregnancy indicating the current term. A woman has the right to refuse to receive a certificate of incapacity for work immediately ; she can do this later, if the maternity leave falls at the end of the year, in order to transfer it to the beginning of the next year.
What documents are needed to apply for maternity leave?
To register a maternity leave, a woman must prepare the following list of documents:
- Certificate of incapacity for work;
- Application to the employer;
- Passport;
- Certificate from employer about income for the last 12 months;
- Account number for transferring benefits;
- Certificate from the antenatal clinic about registering a pregnant woman.
Maternity sick leave
A maternity leave or certificate of incapacity for work must be issued on an official form . The filling form is approved by FSS Resolution No. 14-03-18/15-12956 dated October 28, 2011. It is conventionally divided into 2 parts, one of which is filled out by the doctor, the second by the employer .
How is this document filled out? There are several important factors that are important to observe when filling out the form:
- Block letters only.
- Compliance with the cells.
- Filling out on a computer or with a black gel pen.
- No bugs or fixes.
- Full name of the organization, unless an abbreviated form is available.
When issuing a certificate of incapacity for work according to BiR, the conclusion of a medical commission and the signature of its chairman are not required (FSS No. 14-03-11/15-16055 dated December 23, 2011).
sick leave according to BiR 2020
Before signing such a sick leave certificate, it must be checked for errors and inaccuracies, because in the future it is sent to the Social Insurance Fund. The procedure for issuing certificates is regulated by Part VIII of Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011 “On approval of the Procedure for issuing certificates of incapacity for work.” After filling out and checking the certificate of incapacity for work, it is sent to the accountant working in the company, the calculation of maternity benefits is carried out by the accounting department and is carried out on the first nearest day of payroll . If there is an error, the pregnant woman will have to fill out the document again and go to a medical facility.
Procedure and form for filling out an application for maternity leave during pregnancy and childbirth
To receive leave under the BiR, you need to fill out the appropriate application . A woman is allowed to write it in free form, because in the Russian Federation there is no single form for this type of document.
The following information must be provided:
- Information about the company;
- Information about the head of the organization;
- Personal data from the pregnant woman’s passport;
- The woman's home address;
- The reason for the application, that is, information about the need to provide rest due to pregnancy;
- Please issue a B&R allowance or other types of payments for a future woman in labor;
- Information about the personal account or card where the funds should be sent;
- Vacation dates;
- Signature, surname and date.
Most employers offer to fill out a single application for leave and benefits without separating these 2 factors. This greatly simplifies the tasks of the company's management. The completed application is signed by the employee , and then checked by the manager.
Order for an employee of an enterprise to go on maternity leave
The next stage before going on maternity leave is drawing up an order for future leave, which is created in the human resources department of the organization where the woman works.
It is mandatory to include in the order:
- Company information;
- Date of completion of the document and its numbering;
- Information about the pregnant woman, indicating the position and department where she carried out her activities;
- Type of proposed leave;
- Occasion;
- Duration;
- Information about the manager;
- Signature of the management indicating their last name.
The employee must read the document, sign and receive a copy of the document. After this, the document is sent to the employee’s personal file. An order for maternity leave must be entered in the employee’s personal card, and information about the leave is recorded in the work time sheet. a unified form No. T-6 is used for the order , but you can use another one accepted by the company.
order on granting maternity leave
applications for maternity leave
Unified form T-6
What is the period for paying maternity benefits?
The appointment for the issuance of maternity benefits is accepted as soon as possible, which should not exceed 10 calendar days from the date of submission of the application. An employer may refuse to pay an employee, but then he is obliged to explain the reason for the refusal. Payments are issued almost immediately after the application is approved. Failure to comply with the payment deadline will result in the employer being required to pay financial compensation.
Who is entitled to receive maternity benefits in 2020-2021
Maternity benefits (or maternity benefits) can be received by women preparing to become mothers and insured in the compulsory social insurance system. That is, contributions for temporary disability and in connection with maternity (VNiM) should be calculated from their wages. The following persons are considered insured:
- those who signed the employment contract;
- working as civilian personnel in military formations of the Russian Federation abroad.
Those who are not working have the right to count on payments under the BiR
- those dismissed due to the liquidation of the company, as well as women who completed their activities as individual entrepreneurs, notaries, and lawyers within 12 months before they were declared unemployed by the employment center;
- female military personnel and contract women in law enforcement, customs, fire service, etc.;
- Full-time students in educational and scientific organizations on a budgetary or commercial basis.
In addition, benefits can be received by individual entrepreneurs, notaries, and lawyers who have paid the entire amount of annual contributions to VNIM, calculated on the basis of the minimum wage, a year before the occurrence of the insured event.
Women applying for maternity leave must provide the employer or the relevant authority with a certificate of incapacity for work, which will serve as the basis for the payment.
Working during maternity leave and child benefits
The pregnant woman reads the order and must sign so that she does not have any complaints against the employer and is aware of the conditions of future leave. In addition, the conditions of maternity leave depend on how the employee worked and for how long. To receive good payments, her working hours must be less than 40 hours per week. Each full month of maternity leave must be paid by the company as 100% of the average monthly salary for the last 2 years. This factor is regulated by Art. 11 of Law No. 255-FZ of December 29, 2006
If there is no salary or is at a low level, maternity benefits are accrued taking into account the level of the minimum wage in the region. The level of maternity leave is regulated by the social insurance fund and cannot be too high. If there are two or more jobs at the same time, the expectant mother has the right to apply for maternity leave from each employer.
At the same time, the woman goes on maternity leave on the condition that she retains her job and salary. Payment for maternity leave does not occur if the application for benefits was written no later than six months after the end of the leave. If a woman works on the basis of an employment contract and its terms expire at the time of pregnancy, the employer is obliged to arrange leave under a fixed-term employment contract .
It is not necessary for a woman to go on maternity leave to care for a child. If life circumstances allow, the woman in labor may not leave the work process. Also, the mother can go to work earlier than the period specified in the order, as after an illness. A woman has the right to return to work in the exact position from which she went on vacation immediately after the expiration of her vacation.
When are maternity payments made?
The timing of these payments directly depends on what stage of pregnancy the woman is at. In the antenatal clinic where the expectant mother is registered, at the thirtieth week they must open a sick leave certificate and issue a certificate, which must then be provided at the place of work. According to the law, this set of documents must be provided no later than six months from the date of signature by the gynecologist of the medical institution. If this condition was not met within the time prescribed by law, it is necessary to contact the social insurance authorities. From now on, the decision to pay sick leave will be within their authority. The decision to pay or not to pay benefits will be made after determining the degree of validity of the reason why the woman was late in applying for benefits.
A question that acutely worries women at a time when childbirth is not yet so close and there is no need to be afraid yet, but it is time to take care of buying everything necessary for the baby - when will they receive prenatal payments at work?
According to the law, benefits must be accrued no later than 10 days from the completion of the application and submission of all documents. That is, for this period the amount of payments to be transferred to the account of the employee going on prenatal leave should already be determined. But when exactly this amount will be paid depends on the organization or institution in which the woman is employed. Each organization has its own individual deadlines for calculating wages and other payments. If the money does not arrive in the mother’s account within 2-3 months, you should contact higher authorities with a formalized complaint against the employer.
Dismissal of an employee who is on labor and employment leave
Many employers hire a new employee to take the place of a mother on maternity leave, and if a woman leaves maternity leave earlier than the specified period, she may be fired due to lack of vacancy. If a woman worked in the position of another person and replaced him for some time, then at the time of going on maternity leave, she may be fired without the opportunity to receive payments.
Every pregnant woman, going on maternity leave, receives social support from the state and certain social guarantees. By law, an employer does not have the right to fire a pregnant woman, but in the event of self-liquidation of the company, dismissal will be inevitable.
Who pays maternity benefits?
Maternity leave must be paid for by the organization where the woman applied for benefits. The amount of the benefit does not depend in any way on the tax regime of the company.
Therefore, payments to the woman must be made by the employer at his own expense, and he, in turn, must be reimbursed by the Social Insurance Fund (social insurance) based on reporting.
How is maternity pay paid? In practice it looks like this:
- A woman must apply for maternity benefits.
- The accountant calculates the required amount.
- This calculation is transferred to the Social Insurance Fund.
- The money is transferred to the account of the organization where the woman works.
- The employer pays her maternity benefits.
To obtain a maternity leave, a woman has the right to apply directly to the Social Insurance Fund . But even in this case, the funds are first transferred to the employer’s account and only then are paid to the applicant.
Payment of maternity benefits does not become a financial loss for the organization, since these funds are paid from the Social Insurance Fund.
Therefore, if for any reason the employer refuses to issue maternity benefits, then most likely we are talking about misappropriation of funds. What to do in this case?
Exiting maternity leave early: application
A woman has the right to remain on sick leave until its official end. But the end of the labor and employment leave may be premature; if the woman herself decides so, she is allowed to go to work earlier than the deadlines established by law . To do this, she must write a corresponding statement to her superiors notifying that she is ready to go to work. If a woman wishes, rest days can be divided into several parts.
Applications for early leave from parental leave for 2020
Minimum and maximum amounts
Since the minimum wage level approved in 2019 is used for the calculation, the smallest benefit amount
- for uncomplicated childbirth – 51,9019 rubles;
- for complex cases – 57,852 rubles;
- for the birth of several children at once - 71,944 rubles.
The largest amount is limited by the scale of average earnings from which social insurance deductions are levied. The size of the insurance base in 2020 is 815,000 rubles, and in 2020 – 755,000 rubles. For the calculation, the salary level of the last two years is taken, the values of the insurance bases of that period are used, that is, 815,000 and 755,000 rubles.
Therefore, in 2020, the maximum that can be received depending on the duration of the vacation is:
- 301,095.2 rubles;
- 335,506.08 rubles;
- 417231.92 rubles.
The child care allowance for a child under 1.5 years of age must be at least 4,512 rubles for the first and 6,554.89 rubles for the second and subsequent children.
If several babies are born at once, the benefit is paid separately for each.
FAQ
How to apply for maternity benefits? The algorithm for obtaining it is as follows:
- Obtaining a sick leave certificate at the 30th week of pregnancy in the hospital at the place of residence or at the place of registration.
- Writing an application at an enterprise.
- Checking the order from the employer on the accrual of maternity pay and on taking leave.
- Finding out the amount of future benefits in the accounting department.
- Receiving payments.
Lump sum benefit in the early stages - myth or reality?
In the early stages of pregnancy, a woman has the right to take advantage of this opportunity and receive additional financial support from the state in the early stages based on a doctor’s opinion. A woman in labor receives such a payment once for the entire period of leave under the BiR.
If the vacation began after dismissal, is it possible to receive maternity leave?
In the first month after dismissal, a woman can still ask for maternity benefits if she was fired if she moved to her husband (if he works in another city), if her health does not allow her to continue her activities, if she quit due to the need to care for relatives ( if you have the appropriate document).
How, where and when can you receive a one-time payment for the birth of a child?
According to Law No. 81-F3, a woman or a married couple as a whole has the right to receive a lump sum of money in the event of an addition to the family. The payment is awarded to one parent per child. Therefore, if several babies are born during one birth, the payment is due to each of them.
The place where benefits are received directly depends on the social and labor status of the father or mother:
- For example, if only a man works in a family, and a woman has been a housewife for a long time, then payments are calculated and issued to the organization or institution where the child’s father is listed as an employee.
- Further, if both parents are temporarily or permanently unemployed, or full-time students, then the benefit is issued to them by authorized representatives of social security authorities, whose authority extends to the territory of residence of the child’s father or mother.
If, for some reason, the woman in labor remains a single mother, then payments are made by social security at the place of residence. If she refuses to acknowledge her paternity, for any reason, the mother can apply for a DNA examination, and if a positive result is obtained, file a claim for payment of legal costs and alimony.
An application to receive funds for the birth of a baby must be submitted within six months from the date of birth of the baby. Failure to comply with the specified laws from parents within a period of time entails loss of rights to receive this payment. By order of the Ministry of Health of the Russian Federation, payments are transferred to working parents within ten days after the application is accepted, reviewed and a decision is made on the parent’s right to receive funds. For parents who do not have a permanent place of work, money is credited no later than the twentieth of the next month from the moment of receipt of the application and accompanying documents, in a way convenient for them: to a savings account, by mail transfer, etc.
When should maternity pay be paid?
Since benefits are issued at the expense of the Social Insurance Fund, some employers do not comply with the deadlines for paying maternity benefits, justifying themselves by saying that the business of the enterprise is only to calculate the total amount, and then everything depends on the Fund.
Of course, along with the shift in the date of leaving work, the deadline for maternity pay will also shift. According to the law, the calculation and payment of benefits must be made within ten days after the employee submits all the necessary documents. In this case we are talking about sick leave.
From maternity leave to maternity leave: payments
How is this type of “vacation” paid? Compensation for the second maternity leave is drawn up according to the formula for the first - the average salary of a woman for a two-year period of work at the enterprise. If the expectant mother worked in another organization, certificates of income from previous places of work are needed, because money for the child is paid from contributions made to the Social Insurance Fund.
certificates
While on parental leave for up to 18 months, you have the right to compensation in the form of maternity benefits, job security and seniority. Took up to three years off? In this case, you receive financial assistance for the child only for 18 months. After the expiration of the period, cash payments stop, but the job and length of service are assigned to you until the end of the vacation period recorded in the order at the place of work.
According to the current law of the Russian Federation, the simultaneous receipt of several benefits by one person is prohibited; a woman going on her second maternity leave should choose what kind of financial assistance she will receive for her second child: for pregnancy or for care. Experience shows that paying sick leave is more profitable.
So, in order to get a new vacation, you need to interrupt the old one. To do this, you should contact the HR department with a certificate of incapacity for work and demand the termination of parental leave, and instead issue a new one - for pregnancy and childbirth. After the request, a new order is created and you are granted maternity leave.
statements
Well, after a break in work, you submit a new application for leave to care for two or more children. If you want to receive benefits continuously, you can apply for it to your immediate relatives.
What to do if prenatal benefits are not accrued on time
To receive money, the employee writes an application and submits the required package of papers.
If one of them doesn't bother you, there's no point in complaining. If a woman knows for sure that she did everything correctly on her part, but the money has not been paid, she should contact the management of the organization.
And if this does not lead to results, contact the authorities mentioned above.
A woman has the right to apply directly to the Social Insurance Fund with a similar package of papers. After all, payments are made from this organization.
Maximum payment term
The B&R benefit must be paid when the next salary is issued after a decision has been made on the appropriate accrual. Unless the company is undergoing reorganization or liquidation, any delay is considered unlawful.
With official employment and timely payments to the Social Insurance Fund by the organization, the woman will not be left without tangible government support during pregnancy, as well as after childbirth when caring for the baby. For the amount to be decent, it is advisable to work at one job for a long period.
Funds are paid within the strictly established deadlines. If a woman is faced with a situation in which her employer is delaying the payment of benefits, there are legal ways to influence him.
When and how to pay maternity leave at work in 2020
For your information!
Leave after the birth of a baby can be taken out not only by the mother, but also by the father, as well as by the grandmother or caregiver. Then the amount of the benefit will be calculated for the person who will care for the child.
If there was an adoption of 2 or more children, then 110 days of vacation are paid. The payment is assigned within 10 days, starting from the moment the application is submitted to the manager. You will be able to receive the money on the next payday.
How to correctly calculate the amount of maternity payments
Remember that you must be aware of your rights and, just in case, know how maternity payments are calculated in order to be guaranteed to be able to receive them. Therefore, study the legislation of the Russian Federation in advance. Prepare thoroughly for pregnancy not only morally and intellectually, but also on a legal level, so you will know how to protect yourself from the employer’s dishonesty and will do everything correctly when preparing documentation and calculating maternity benefits.
Who pays maternity benefits and who should I contact about this? To receive maternity benefits, a woman must come with a sick leave certificate to the nearest RUSZN (district department of social protection of the population). This is where maternity pay is paid to the unemployed. Just as in the case of employed citizens, you will receive payment in full within 10 days.
We recommend reading: Decoding the calculation of housing and communal services benefits for labor veterans in Sergiev Posad
Methods for paying maternity benefits
For many years, social assistance for child care was provided by the organization where the worker who gave birth worked. Persons who were not engaged in labor activities received payments from social security authorities, students - from educational institutions. At the same time, the Social Insurance Fund subsequently returned this money to employers.
In 2012, in some regions, a new project of insurance payments began to be tested directly by the social protection authority. In other administrative centers, services are carried out according to the previous scheme. The new methodology involves submitting sick leave in regular paper form and electronically.
In the first case, the employer receives a sick leave form, adds additional information there and sends it to the Social Insurance Fund within 5 days. Government employees check the document data and pay for it (by transfer to the post office or by transfer to a card).
If electronic sick leave is offered in the locality, then the expectant mother gives the employer a statement indicating which days her gynecologist-obstetrician provided her with vacation days under the BiR. Afterwards, the accountant finds his employee’s sick leave on a certain FSS resource and enters there the additional information required to calculate the amount of the benefit. Based on the information received, representatives of the Fund perform calculations and send funds.