Author of the article: Lina Smirnova Last modified: April 2020 1918
Pregnancy and childbirth are an important event in a woman’s life, because this event is associated with the birth of a child. The state provides measures of social assistance and protection of the rights of relatives caring for a newborn child. According to the legislation of the Russian Federation, in connection with pregnancy and childbirth, the mother of the child is first provided with sick leave, and then leave to care for the child, which is also allowed to be taken out by other close persons. In this article we will look at who can take it, for how long the leave is provided and what payments are due during this period. We will also find out what is the difference between leave during the period of caring for a child up to 1.5 years old and leave until he is three years old, and how to arrange it correctly.
Who can go on parental leave?
The right to such leave has the father, grandmother, grandfather, other close relative of the child or guardian if he protects the rights of an orphan left without parents. These persons have the right to use leave only if they are actually caring for the baby. This may be relevant if the mother is not officially employed anywhere. For dad to be on vacation and receive maternity benefits, he must be officially employed.
This type of leave does not depend on the joint residence of the baby’s parents and the degree of relationship. In controversial cases, the court must check whether these persons provide care and whether leave has been granted to the mother. Even a father who is not officially married to his mother, but is indicated on the birth certificate, has this right.
According to the Labor Code, an employee is allowed to use vacation in whole or in part
. Other working relatives can look after the child, but it is not possible to grant leave to several relatives at the same time.
Vacation and payments for dad, grandma, grandpa and other relative
The child’s father and any other guardian also have the right to go on vacation without worrying about the risk of dismissal
A priori, maternity leave and release from work to care for children were intended for women. However, the child’s father and any other guardian also have the right to go on vacation without worrying about the risk of dismissal. In this case, it is necessary to provide supporting documentation, namely:
- a certificate stating that the mother did not use the guarantee;
- medical documents confirming the woman’s condition;
- the court's decision;
- other supporting documents.
Important! It should be remembered that the applicant is not obliged to confirm his position in any way and has the right to limit himself to writing a statement. However, the employer in this case will have the right to refuse.
Labor Code of the Russian Federation. Article 256 “Parental leave”
So, a working woman does not need to make a choice - a good job or looking after her children, it is quite possible to combine both, she just needs to know her rights and draw up the application correctly.
Find out who is entitled to leave to care for a disabled child, as well as the rules and features of providing paid days off, from our new article.
Who pays the benefit?
As social support, in addition to one-time payments, parents are paid monthly federal and regional benefits, as well as compensation depending on the needs of a particular family.
The payment of monthly benefits for officially employed citizens differs from unemployed citizens. Employed persons need to contact the HR department or accounting department. According to the new procedure for processing payments, those wishing to apply for child benefits and compensation must contact the Social Insurance Fund office. Non-working parents should visit the social services office. provision. Benefits for low-income families should be registered at the district social protection department (DSZN).
Payment of benefits by social security authorities or the employer is made from the funds of the Social Insurance Fund, that is, tax contributions. These organizations are only intermediaries and such payments do not cause damage to the enterprise. The employer pays the child care benefit, and the Social Insurance Fund then reimburses him for all expenses.
Amount of charges
The standard rule is that the total allowance for caring for a son or daughter is 40 percent of the worker's average income. Sometimes it is charged as a fixed amount.
Since the beginning of 2020, innovations have come into force regarding the lower threshold of payments:
| Amount of children | Established minimum, in rubles |
| First child | 3277, 45 |
| Second and subsequent | 6554, 87 |
The maximum that an employee is entitled to claim in 2020 is 26 thousand 152 rubles and 27 kopecks. This guarantee also applies to:
- military;
- laid off due to reduction before liquidation;
- guardians who took on the work of caring for a child due to the deprivation of mom or dad’s legal status;
- full-time students.
The benefit is paid by the employing organization or directly by the Social Insurance Fund until the child reaches one and a half years old. Upon reaching this milestone and until the child is three years old, the mother retains the right to a monthly compensation of fifty rubles.
The benefit is paid by the Social Insurance Fund until the child reaches one and a half years old.
Use the calculator on our website to calculate the amount of child care benefits up to 1.5 years old.
Deadlines for payment of child care benefits
Mother's leave is divided into several stages with their own payments. At 30 weeks
she must provide sick leave from the antenatal clinic and apply for leave.
The benefit is paid no later than ten days
after the provision of sick leave or on
the day of the next salary
.
The temporary disability certificate is extended if a woman gives birth to two or more newborns at the same time or if complications arise during childbirth. Compensation in the amount of 40% of wages
paid, like other employees, on the day they receive their salary.
One-time benefit for the birth of a child
According to the law, after giving birth, the mother is guaranteed financial assistance. It can be one-time and accrued monthly until a certain age. The amount of benefit for a newborn is 16 thousand 759 rubles.
Working mothers are entitled to a one-time payment
:
- on Birth and Labor (pregnancy and childbirth);
- if mothers managed to register before 3 months;
- after childbirth.
Non-working mothers cannot receive a one-time payment under the BiR for a child under three years of age. They also have to choose between benefits for up to one and a half years or unemployment payments.
Amount of monthly child care benefit up to 1.5 years
The minimum amount of social security payments to non-working parents is 3 thousand 65 rubles.
for the first child and
6 thousand 131 rubles.
- on the second and subsequent ones.
For working mothers, payment of benefits for up to one and a half years is 40% of the salary
.
The FSS benefit is calculated as follows: wages for the last 2 years are summed up, divided by 730 days and multiplied by 30.4. The amount of the benefit is calculated from the resulting amount without taking into account sick leave and labor leave.
The maximum payments for maternity sick leave are limited to the average earnings, from which social insurance contributions in connection with maternity are taken. In 2020, the value is 815,000 rubles.
, but when calculating, the base for the previous 2 years is taken (
718 and 755 thousand rubles
).
Child benefits up to 3 years old
After one and a half years, additional care leave can last up to 3 years, with job preservation
, but no payments.
At the federal level, at the expense of the Russian Social Insurance Fund, no benefits have been established for maternity leave up to 3 years. The only compensation I receive from my mother’s employer is 50 rubles
a month. However, through the USZN you can receive payments that are established by regional authorities - in the regions of the Russian Federation, additional payments for children up to 3 years old can be established, which can be found out in the social security office at your place of residence. The State Duma is considering extending the benefit to three years. Thus, for residents of Crimea, benefits for up to 3 years were replaced with other regional payments.
How long does maternity leave last?
How long does maternity leave last? This question worries many women who want to spend as much time as possible with their baby.
Currently, this period can be divided into several component parts, each of which has its own maximum terms.
Sick leave due to pregnancy and childbirth lasts one hundred and forty days. If a woman gives birth prematurely or with complications, then in this case the gynecologist extends her certificate of incapacity for work for sixteen days, as a result of which she is paid for one hundred and fifty-six days.
During a multiple pregnancy, a woman can count on one hundred and ninety-four days, while eighty-four are given to her before the preliminary date of birth, and one hundred and ten after.
Parental leave with benefits can last a maximum of one and a half years. During this period, unemployed women receive benefits, for whom payments begin from the moment the baby is born.
For working people, this period is slightly shorter, since several months are spent on sick leave according to the BiR.
Not only the mother, but also the baby’s father, grandmother or grandfather can go on maternity leave.
The latter will receive benefits if they are not yet pensioners. Another point that should be noted is that a woman can go to work part-time, in which case her benefits will be retained.
Another opportunity that a mother can take advantage of is that until the child turns three years old, she has the right to go to work and go on vacation again an unlimited number of times, if circumstances require it.
The third part of maternity leave is leave to look after a child under three years of age.
During this period, a working woman is paid an allowance in the amount of fifty rubles per month, and the total length of service is also taken into account (but not insurance, which is taken in the future to calculate the pension).
A sample application for extending parental leave to 3 years is here.
For child care
Parental leave consists of two parts:
- up to one and a half years - the period during which all women, regardless of whether they pay insurance contributions to the Social Insurance Fund for them or not, have the right to receive benefits, also this period for all mothers will be included in the pension insurance period;
- up to three years - this leave is given only to working women, in this case they have the right to receive a small allowance from the employer, and this period is also counted towards continuous work experience.
This is important to know: What percentage of the salary is vacation pay?
Do unemployed people pay maternity leave? See here.
Maternity leave up to 4.5 years
If a woman believes that the child requires long-term care up to 4.5 years, then it is possible to extend maternity leave after 3 years for another year and a half. This may be the case if the child is frequently ill, or if there are no places in the kindergarten. If she can document the need for additional maternity leave, then the workplace will remain assigned to her by law. However, she cannot receive state benefits, nor can she receive a monthly payment of 50 rubles. It will no longer be possible to extend the vacation after 4 or 5 years; the employee may lose his job.
It is worth noting the fact that official vacation periods are included in the insurance period. If several children are born, the period doubles. When twins are born, the length of service will be 3 years, not one and a half.
Leave to care for a disabled child
The Labor Code of the Russian Federation stipulates a number of benefits for parents of disabled children. These include rights relating to holidays.
Parents of a disabled child have the right to:
- annual leave at a time convenient for the baby;
- due payments in accordance with the employee’s salary;
- 4 additional days off per month.
The employer may provide for the possibility of additional paid leave caused by the need to care for a child under 14 years of age or leave without pay. Parents can also take additional leave up to the age of 14, but it is unpaid and is taken for no more than 2 weeks a year.
How long is maternity leave under the Labor Code in 2020 - 2020?
The Labor Code does not know such a thing as maternity leave. This is a common expression. The legislation operates under two concepts: maternity leave and parental leave. These periods of legal absence from work constitute maternity leave.
How long does maternity leave last? Maternity leave, in accordance with labor legislation, represents a certain time period (2 months) before childbirth and approximately the same amount after the birth of a child. This leave is documented with a sick leave certificate, which, like any sick leave, is paid at the place of work.
Only the woman herself who is preparing to give birth to a child can take leave related to pregnancy and childbirth.
Parental leave is a period of absence from work due to the need to care for a child of primary preschool age. People go on parental leave based on their own application addressed to the head of the organization. Not only the child’s mother, but also the father, and, if necessary, other relatives who actually care for the child can go on such leave.
This is important to know: How is unpaid leave paid upon dismissal?
How to apply for child care benefits?
Next, we will consider step-by-step instructions for applying for child care benefits. The mother should prepare the following documents to apply for parental leave:
- application requesting leave;
- a copy of the birth document;
- a certificate of non-receipt of monthly child care benefits from the father’s place of work, that he does not use this leave.
Additional documents may be required on a case-by-case basis, such as birth certificates for other children. It is also necessary to provide the accounting department with a certificate in which the gynecologist recorded the fact of the woman’s pregnancy.
There is no specific sample application for parental leave. It can be filled out in any form, but it is important to indicate:
- name of the enterprise and management data;
- information about yourself and the reason for drawing up the application;
- articles of the law on due payments;
- date and signature.
All requests are indicated in one application. Based on the application, the employer must issue an appropriate order to provide parental leave in any form.
Who is entitled to
There is a widespread belief among ordinary people that everyone has the right to maternity leave. Not necessarily parents and not necessarily working people. In order to finally understand who has the right to claim paid leave for childcare, you should first of all understand what exactly can be considered maternity leave.
Maternity leave is intended for placement in a maternity hospital, the actual birth of a child and subsequent rehabilitation. It is only for women.
Another leave - from the first day after the birth of the child until his third birthday - is already called parental leave. Not only the mother, but also the father, grandmother, grandfather or other relative, if he is appointed as the main guardian, has the right to receive it. It can be requested not immediately, but at any time before the child’s third birthday. True, it is in the woman’s interests to request leave as quickly as possible - after all, compensation is accrued from the first day of the vacation provided.
Compensation is accrued from the first day of the vacation provided
Attention! An adoptive father and mother do not have such a guarantee, unlike those who adopt! (Articles 256, 257 Labor Code).
Allowance for caring for second and subsequent children
In accordance with the current legislation of Russia, the amount of the benefit depends on the presence of second and subsequent children. If children have not reached the age of one and a half years, then payments for them are summed up, but not exceeding 100% of the recipient’s salary.
Payments for a second child under one and a half years old are paid monthly in the amount of 40% of the salary or in the form of the minimum social security. payments. At the same time, you can receive child benefit for two or more children if they are under one and a half years old. When assigning benefits, a child who died during childbirth is considered as the previous one if the mother has a birth certificate.
