Postpartum payments and benefits: what you can get and how to apply for them

How to act if maternity payments are delayed by the company

At the same time, there is a situation where the company itself refuses to pay the employee adequate funds during maternity leave. In this situation, the employee (or her husband) must take the following actions:

First of all, communicate directly with the employer, asking him to pay her the necessary funds and reminding her of her responsibility under the law. At the same time, it is necessary to clarify whether there has been a misunderstanding, for example, a typo in the bank account details.
If the previous stage did not lead to the desired result, you can contact the Social Insurance Fund directly. This organization has mechanisms to influence companies that violate the rights of workers.
Another option is to write an appeal to the prosecutor's office. Such paper can be transferred to this organization in person at the department at the place of residence of the applicant, or by registered mail with an inventory and acknowledgment of receipt. In addition, this can be done on the prosecutor’s office portal on the Internet.
In addition, an employee may sue due to refusal to pay maternity benefits. This action can be taken immediately as soon as human rights have been violated.

It is not necessary to first contact the FSS or the prosecutor's office. After this, the court makes a decision in favor of the employee, after which the bailiffs collect the appropriate funds. They are guaranteed to receive the money, unless the company ceases to exist.

What to do if the company no longer exists

Of course, the situation when the company where the child’s mother worked before going on maternity ceased to exist is an extreme case, which is the least pleasant for her. In such a situation, it will not be legally possible to recover funds from this company.

For such cases, it is established that payments are made by the Social Insurance Fund. In such a situation, the applicant needs to come to the territorial office of this department. At the same time, she needs to take with her a package of documents with which she can confirm her own right to accrue maternity payments to her.

Every woman, when going on maternity leave, cares about whether her family will be financially secure at a sufficient level, because stability and a high level of income are very important for the healthy and full growth of the child.

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

Who pays maternity benefits, its amounts, payment terms, documents necessary for its registration, the procedure for calculating benefits and other aspects of receiving it will be discussed further.

Maternity benefit
We prepare documents and calculate payment terms
Payment procedure
What should an employee’s employer do in an “interesting situation”?
And yet, who pays for maternity leave - the state or the employer?
Conclusion

Who pays sick leave for pregnancy and childbirth (maternity benefits)

Article current as of: December 2020

According to Russian laws, every working woman has the right to maternity leave. In this case, a certain monetary compensation is paid. Who pays maternity benefits in Russia in 2020?

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The labor legislation of the Russian Federation takes into account the interests of all parties to legal relations. The law also protects the rights of workers who have temporarily lost their ability to work.

This way, when a woman goes on maternity leave, she can count on keeping her job. In addition, the period of forced leave is partially compensated. But who pays maternity benefits in 2020?

General points

Back in November 1917, the Council of People's Commissars of the RSFSR adopted the Decree “On Maternity Benefits.”

From that moment to the present period, the period of time when a woman prepares for motherhood and cares for the newborn baby is called maternity leave or maternity leave.

Russian legislation has retained the provision regarding the provision of maternity leave to working women.

Moreover, from a legal point of view, the period of maternity leave is divided into:

Maternity leave	Which is provided only to the expectant mother
Holiday to care for the child	Granted to the person who actually cares for the baby

Both types of leave are provided and paid in the case of official employment, when the employer makes mandatory contributions to the Social Insurance Fund.

But in order to receive the due compensation, you need to know how to properly file a maternity leave, where to apply for payments and how to pay during maternity leave?

What it is

Officially, maternity payments are referred to as maternity benefits. This is a one-time payment paid to the expectant mother as financial support for the period of temporary disability.

A woman receives this payment only once, at the very beginning of maternity leave. In everyday life, maternity leave means the entire time a woman is not working while caring for a child.

The labor law of the Russian Federation provides that a woman can take leave to care for a child until she reaches the age of three. But this definition is not entirely correct.

Maternity leave is a period during which a woman is released from work due to pregnancy and childbirth. Paid parental leave for up to one and a half years is a separate concept.

The duration of maternity leave in the Russian Federation is established by legislative norms. Moreover, the period depends on the complexity of the birth and the number of children.

Standard leave for labor and labor includes 70 days before childbirth and the same amount after. If complications arise during the birth of a baby, postpartum rest is increased to 86 days.

If the pregnancy is multiple and two or more children are born, then prenatal leave increases to 84 days, and after childbirth 110 days of leave are provided. The entire period of maternity leave is subject to payment.

Who is eligible to receive

Social benefits for pregnancy and childbirth are provided to all working women in accordance with current legislation.

Foreign citizens temporarily or permanently residing and officially working in Russia are also entitled to receive this payment.

If a woman has foreign citizenship and temporarily resides in the Russian Federation, but works outside the country, she cannot receive benefits under the BiR.

But maternity benefits are paid not only to employed women. Potential recipients are:

female students of higher educational institutions;
contract employees in the Russian army;
unemployed women.

In some families, the mother does not work at all, but the father officially works. Can the father of a newborn child apply for maternity leave?

No, if we are talking specifically about payment under the BiR, since this type of leave with compensation is given specifically for the period of pregnancy and childbirth.

The father will be able to receive payment for the child if, after the birth of the baby, he takes parental leave.

But in this case, 40% of average earnings are paid. Therefore, fathers do not take out such leave often and only when absolutely necessary.

Regulatory regulation

The procedure for granting maternity leave is regulated by Article 255 of the Labor Code of the Russian Federation and Article 10 of Federal Law No. 255 “On compulsory social insurance...”.

In particular, Federal Law No. 255 describes in detail the duration of maternity leave and what week it begins.

The procedure for calculating and paying maternity benefits is stated in Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n dated December 23, 2009. Compensation for vacation days is paid in the amount of average earnings.

To calculate the payment, the employee’s average earnings over two years are taken into account. The maximum considered average daily earnings for 2020 is 2,064.38 rubles.

As for the minimum value of average earnings, it is determined at the level of the minimum wage.

If the calculation shows that the average salary of a woman is less than the approved minimum wage, then the B&R benefit is paid taking into account the average daily earnings of 246.71 rubles.

Who pays maternity benefits to the state or employer in 2019

The benefit paid for pregnancy and childbirth is insurance financial assistance. A woman has the right to a payment if contributions were made to the Social Insurance Fund for her.

And since these contributions are mandatory, the employer does not have the right to refuse them. Maternity payments are assigned if a woman applies for them no later than six months after the expiration of leave under the BiR.

It should also be clarified that the employee has the right to postpone the start date of the vacation and continue to work almost until the birth.

This is due to the fact that a sick leave certificate for pregnancy gives the right to leave, but does not oblige you to take advantage of this right.

Read how to write a sample cover letter for your resume here.

If the start of vacation is postponed, maternity benefits are not paid for the entire period of leave required by law. Continuing to work, the woman receives a salary.

Accordingly, she cannot claim compensation for disability. But you need to know that by postponing the start of the vacation, a woman will not be able to postpone its end. Vacation ends on the date indicated on the sick leave certificate.

This is important to know: Dismissal after sick leave: date of dismissal

What documents will you need?

To receive benefits, you must follow a certain procedure. A woman needs to prepare the necessary documents and apply for receipt, since compensation is provided on an application basis.

The main document is the sick leave certificate issued to the woman at the medical institution where she is registered.

This document is issued at the onset of the thirtieth week of pregnancy. If the pregnancy is multiple, then the sheet is provided at the onset of the twenty-eighth week of pregnancy.

When there has been a change of job over the past two years, maternity benefits are paid at the last place of employment. In this case, you will need a certificate that the benefit was not paid elsewhere.

Having received sick leave, the employee submits an application for maternity benefits. As a rule, documents for benefits are submitted simultaneously with an application for maternity leave.

The head of the organization, based on the received application, issues an order to grant the employee maternity leave and pay maternity benefits.

For the order, form T-6 is used, approved by Resolution of the State Statistics Committee No. 1 of January 5, 2004. If the birth turns out to be complicated, the woman will receive additional sick leave.

It is also provided to the employer along with the corresponding application for extending leave and paying for additional days.

Who exactly makes the payment?

In fact, the woman receives maternity benefits from the employer, but funds are paid from the Social Insurance Fund. And if the organization spends its own finances, these costs are subsequently compensated by the Foundation.

How do maternity leavers get paid from work? In practice, the payout looks like this:

A woman applies for maternity benefits.
The organization's accountant calculates the required amount.
The calculation is transferred to the Social Insurance Fund.
The money is transferred to the organization's account.
The employer pays the employee maternity benefits.

Who pays maternity benefits? A woman can apply directly to the Social Insurance Fund to receive maternity benefits.

In this case, a certificate of income for the last two years and sick leave is submitted. Documents along with the application are submitted to any MFC.

But even in this case, the funds are first transferred to the employer’s account, and only then paid to the applicant.
That is, in any case, the payment of maternity benefits does not become a financial loss for the organization; the funds are paid at the expense of the Social Insurance Fund.
And if the employer for any reason refuses to issue maternity leave, then, most likely, there is misappropriation of funds.

Do individual entrepreneurs get paid?

Maternity payments are provided to working women. But the law also clarifies the need to pay contributions to the Social Insurance Fund. Payment is made by the employer.

All this leads to some dilemma in the case of individual entrepreneurs. A woman who is an individual entrepreneur is essentially part of the working population, but she does not have an employer.

Who should I contact for payments and are maternity benefits paid to individual entrepreneurs? The situation depends on how much the woman herself has taken care of the possibility of receiving such payments.

When registering as an individual entrepreneur, it is necessary to conclude an agreement with the Social Insurance Fund on voluntary social insurance.

By deducting the required amount of contributions, a woman entrepreneur will be able to apply for maternity benefits.

At the same time, during maternity leave, the obligation to pay voluntary contributions to the Social Insurance Fund is temporarily suspended.

To do this, it is enough for a woman to suspend her activities until she returns to work.

In 2020, those female individual entrepreneurs who registered with the Social Insurance Fund in 2020, submitted the necessary documents and paid the required contribution will be able to receive maternity benefits.

Source: https://trudyurist.ru/kto-platit-bolnichnyj-po-beremennosti-i-rodam-dekretnye-vyplaty/

Maternity benefit

We most often call maternity leave and parental leave simply “maternity leave,” despite the fact that in reality this term is not provided for in the legislation of our state.

Maternity benefits are intended for women who are preparing to become a mother.

This is due to the fact that the expectant mother loses the ability to work, because work is always associated with stress and inconvenience.

In such a situation, maternity benefit is the so-called compensation, which allows you to support the family financially during such an important period of life for it.

The amount that must be paid for the benefit is specified in the Labor Code of the Russian Federation, namely, the minimum amount of payments must necessarily correspond to the minimum wage.

If the mother does not have the opportunity to go on maternity leave, the child’s father or his grandmother or grandfather can take it on themselves.

We prepare documents and calculate payment terms

When preparing to change jobs to care for her child, the expectant mother needs to have time to apply for maternity benefits; she must submit the following documents on time:

A pregnant woman must be given a sick leave certificate at the antenatal clinic, which she must already provide at work. It is in this document that the doctor indicates the timing of pregnancy. Statement from the expectant mother in labor, written in her own hand;
Certificate of income for the period of the last two years;
Application for receiving material payments.

However, these are not all the documents that need to be provided for the job.

After giving birth, the employee must also bring her employer a copy of the child’s birth certificate, a certificate stating that the father did not receive any payments at his place of work in connection with the birth of the child, and also write an application for benefits over the next year and a half.

A woman goes on maternity leave at 30 weeks if she feels well and there is only one baby. If there are doctor’s recommendations on the sick leave, she can go on vacation at the 28th week.

As for the average daily earnings, it is calculated according to the payments that were issued to the employee for the billing period.

The billing period is the last two years of work of the expectant mother. In this case, only the days worked by the woman in full and for which all taxes and social contributions were paid are taken into account.

Payment procedure

Payment of maternity benefits is made depending on how the pregnancy progresses and how many children the expectant mother will have.

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

So, if there are no complications during pregnancy, the standard period of maternity leave is 140 days. If childbirth occurs with complications - 140 days + 16.

That is, a woman is entitled to 70 days of maternity leave before giving birth and 70 days after. During a difficult birth, a woman needs more days to recover – 86.

If the fetus is not single-uterine, that is, the expectant mother is carrying more than one baby, she is entitled to 84 days before birth, as well as an increased number of days after birth - 110.

This period of a woman being at home is maternity leave. The benefit for this purpose is paid in a lump sum. To calculate the amount of payment, it is necessary to find out the average monthly salary of the expectant mother.

The woman must receive an amount equal to 100% of the average monthly salary.

If she wishes, a woman can go to work at any time, but the employer cannot demand this from her and has no right according to labor legislation.

As for parental leave, these payments are made monthly for 18 months. The amount of maternity payments is 40% of the mother’s average monthly earnings.

If a woman wants to extend her maternity leave to three years, she will not be paid the forty percent benefit. 50 rubles will be paid monthly until the child reaches three years of age.

In practice, payment is carried out as follows:

After the woman submits the relevant documents to her employer, he must calculate the amount of the benefit payment.
The employer transfers his calculations directly to the Social Insurance Fund.
The Fund sends the corresponding amount of money to the employer’s account, from where payments are made to the expectant mother. Sometimes there are delays in payments. In such cases, the employer pays benefits from his own funds, which are subsequently returned to him by the Social Insurance Fund.

What are the payments?

Benefits that are paid to parents after the birth of children can be either one-time (one-time) or monthly (multiple).

There is also a division of payments into federal (applicable to all citizens) and regional (valid only for residents of a certain region).

The amount of monetary compensation is influenced by both the number of children born and the composition of the family, the specifics of the parents’ employment (service in the RF Armed Forces), etc.

Maternity and pregnancy benefits

It is paid once, by the employer or the Social Insurance Fund of the Russian Federation. Represents compensation for wages that the expectant mother will not be able to receive due to maternity leave before and after childbirth.

Who can get it?

Women who are officially employed in a government or commercial organization.
Individual entrepreneurs who have entered into an insurance contract with the Social Insurance Fund.
Employees who were dismissed due to the liquidation of the enterprise and registered with the employment service department within the next 12 months.
Women who undergo full-time studies at universities, colleges and technical schools on a paid or budget basis.

How to calculate?

To calculate maternity payments for pregnancy and childbirth, the following formula is used: general

income for the 2 years preceding pregnancy / total number of days for 2 years (730) * 140 days of vacation. In this case, the amount of compensation cannot be less than 34,520 rubles 55 kopecks and more than 265,827 rubles 63 kopecks.

If a woman was fired and is not currently working, then maternity benefits are paid in the minimum amount - 581.73 from February 1, 2020 and 615.47 from February 1, 2020. The amount of payments to full-time students coincides with the amount of the scholarship.

Package of documents

Completed application for maternity subsidy.
Sick leave (issued by an obstetrician-gynecologist in the antenatal clinic).
Certificate of income (if you have work experience with other employers).
Certificate of registration with the employment service (upon dismissal).

Where to apply?

To receive maternity money, you need to apply with the above documents to the accounting department of the enterprise/university or to the local branch of the Social Security Administration no later than six months from the end of the maternity leave. Compensation will be credited to your account on the next “payday” day after consideration of the application.

One-time subsidy for the birth of a child

Transferred once at the place of service/work of one of the parents. The benefit amount is the same for all categories of the population.

In case of multiple pregnancy, the payment is calculated for each child separately.

Who can get it?

The legal father or mother of the newborn, regardless of work experience or income level. In their absence, any person appointed as an official guardian.

How to calculate?

The amount of payments is determined by the legislation of the Russian Federation. From February 1, 2017, the amount of the subsidy for the birth or adoption of one child reached 16,412 rubles 38 kopecks. If a disabled child under the age of 7 years or children who are brothers and/or sisters were adopted, the amount of payments will be 125,403 rubles 95 kopecks for each child.

Package of documents

Completed application for payment accrual.
Child's birth certificate.
Extract from the civil registry office (in case of divorce).
A paper from the place of work of one of the parents or from a branch of the USZN, confirming that he has not yet received a lump sum payment.
For the unemployed - diplomas/certificates and work records with a notice of dismissal.

Where to apply?

In the accounting department at the place of work or in the social security department (if the mother and father are not employed). In some regions, benefits are issued at the local branch of the Social Insurance Fund. The registration period is 6 calendar months from the date of the birth of a common child.

Monthly social benefit for child care

It is transferred to the woman every month until her child turns 18 months old.

Working from home or on reduced working hours cannot serve as grounds for cancellation of benefits.

If a parent cares for several children at the same time, payments are summed up.

Who can get it?

Parents or close relatives of the child who have taken care of him. Employed and unemployed citizens receive different amounts.

How to calculate?

How to calculate child care benefits? The minimum subsidy amount for those working for less than two years or with low wages, housewives and individual entrepreneurs:

3077 rubles 32 kopecks for the first child;
6154 rubles 64 kopecks for the second and subsequent children.

For citizens who are employed but are on maternity leave, the benefit amount is equal to 40% of the average daily earnings calculated for 2 calendar years. In areas where a regional coefficient is provided, it is also taken into account when calculating the monthly child care benefit. That is, if before pregnancy a woman received 1000 rubles a day, then the amount of “baby money” for her will be equal to:

1000 * 40% = 400 rubles (children’s size per day);
20 (number of working days) * 400 = 8000 rubles (children’s amount per month).

Package of documents

Completed application to begin calculating monthly social benefits.
A completed application for provision of statutory maternity leave to the mother/father.
Child's birth certificate.
A notice from the second parent’s place of work confirming that they have not received childcare subsidies and are not on leave.
A work record book with a notice of dismissal and an extract from the employment authorities indicating the absence of unemployment payments (if the parent does not officially work anywhere).

Where to apply?

At the place of work or in branches of social security authorities. You must apply for benefits no later than six months after the child reaches 18 months.

For the convenience of calculations, you can use the online maternity payments calculator on our website.

What should an employee’s employer do in an “interesting situation”?

Pregnancy is not only worries for the expectant mother, but also unnecessary troubles for her employer or employer.

The rights of pregnant women are especially carefully protected by law, which is quite justified.

Firstly, a pregnant woman cannot be refused employment due to her pregnancy. However, quite often employers are not willing to hire pregnant women. Refusal due to pregnancy entails criminal liability for the employer in accordance with the labor legislation of the Russian Federation. If a woman is not suitable for a given vacancy due to any business or other qualities, then the refusal must be appropriately motivated.
Secondly, pregnant women simply cannot be allowed to participate in certain types of activities, for example, going on business trips, according to current legislation. Accordingly, the employer has unnecessary worries.
Thirdly, after going on maternity leave, a woman retains certain rights. She retains her position and salary. That is, while a woman is on maternity leave, dismissal at the initiative of the employer is simply impossible.

Who pays maternity benefits in 2020 - the state or the employer, vacation, work, unemployed

According to Russian laws, every working woman has the right to maternity leave. In this case, a certain monetary compensation is paid. Who pays maternity benefits in Russia in 2020?

This way, when a woman goes on maternity leave, she can count on keeping her job. In addition, the period of forced leave is partially compensated. But who pays maternity benefits in 2020?

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

Despite the fact that in fact the money comes from the employer, he still does not spend a penny in the process of paying maternity benefits.

Since a woman’s social security for pregnancy, childbirth, and child care is an insured event, maternity leave is paid directly by the Social Insurance Fund.

Even if the woman herself collected the relevant documents and submitted them to the territorial branch of the Social Insurance Fund, the money still goes first to the employer’s account, and then to the woman herself.

Any employed woman receives maternity benefits.

In the process of working for her, the accounting department makes contributions to the Social Insurance Fund, through which this financial assistance is paid to the pregnant woman.

Who pays maternity benefits - the state or the enterprise

For happy parents who have no problems receiving maternity benefits, information about who pays maternity benefits - the employer or the state - is interesting insofar as.
But there are situations when information about the payer of maternity benefits is almost vital. In accordance with the Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” dated December 29, 2006 No. 255-FZ, the calculation and payment of maternity benefits (maternity benefits and child care benefits) is carried out by the employer. However, the Social Insurance Fund of the Russian Federation then returns the funds spent by the employer on paying benefits to women on maternity leave.

A somewhat simplified procedure looks like this:

the employee gives the employer sick leave for maternity leave or writes an application for parental leave;
on the basis of these documents, the employer calculates the benefits expected to be paid;
the employer pays the benefit;
the employer submits a report and other documents necessary to reimburse the funds spent on maternity benefits to the Social Insurance Fund;
The FSS checks the report and documents and reimburses the money.

ConsultantPlus has many ready-made solutions, including how to calculate maternity benefits. If you don't have access to the system yet, you can sign up for a free trial online! You can also get the current K+ price list.

Who can receive maternity benefits

After receiving sick leave for pregnancy (clause 46 of Order of the Ministry of Health and Social Development No. 624n), a woman can apply for benefits under the BiR. The amount of the benefit depends on the number of days on maternity leave. The duration of maternity leave is:

140 calendar days - normal childbirth
156 days – labor with complications or premature
194 days - if 2 or more children are expected
70 days – adoption of a baby up to 3 months
110 days – adoption of 2 or more children

The following categories of persons can count on receiving benefits (Article 4.1 No. 81-FZ):

Officially employed
Dismissed due to liquidation of the organization, for no more than 12 months
Full-time students receiving higher, further or vocational education
Contract employees in the army
Those who have ceased activities as an individual entrepreneur, notary, lawyer, or whose professional activities in accordance with federal laws are subject to state registration and (or) licensing

What is the procedure for paying maternity benefits from an employer?

At the medical institution where the woman is registered for pregnancy, she is issued a sick leave certificate, which must be submitted to the employer. In addition to sick leave, she will be required to submit an application for B&R leave, which most often indicates the dates prescribed by the doctor. But a woman, if she wishes, can request to postpone the start of her vacation to a later date. In this case, the benefit calculation will be based on the number of days actually requested. For the days worked, despite the fact that they are indicated by the doctor as a period of incapacity for work, she will receive wages. It is impossible to receive a salary and disability benefits, including B&R benefits, on the same days.

Important! ConsultantPlus warns: Recalling a woman from maternity leave is not allowed (Letter of Rostrud dated May 24, 2013 N 1755-TZ). Labor legislation provides for the possibility of recalling an employee only from annual paid leave (Article 125 of the Labor Code of the Russian Federation). However, a woman can interrupt maternity leave on her own initiative. Let's consider several options for the development of events. Read more about how to deal with benefits when leaving maternity leave early in K+. This can be done for free.

Having received all properly executed documents from the employee, the employer issues an order for granting leave under the BiR, assigns benefits within 10 days from the date of receipt of the documents and pays it on the next payday.

NOTE! From October 1, 2020, benefits are paid only to cards of the MIR payment system.

It is more advisable for a woman to transfer her sick leave to her employer immediately after his discharge in order to receive the money as quickly as possible. However, if she briefly delays the transfer of documents, then it’s okay - maternity leave will be paid to her in full in any case. But you need to remember that this right is retained only for 6 months from the end of maternity leave.

Who pays maternity benefits: employer organization or Social Insurance Fund

Depending on the social status of the recipient, the B&R benefit can be received:

For workers - at their place of work
For students - at the place of study
For employees - at the place of duty
For the unemployed - in OSZN, on the State Services website, through the MFC or Russian Post.

All maternity benefits, including the Birth and Birth benefit, are financed from the Social Insurance Fund (SIF). The Social Insurance Fund is replenished from monthly insurance contributions by the employer, who withholds part of the wages of his employees.

Working women apply for benefits at their place of work. The law obliges employers to calculate and pay benefits from their budget. After which, the Social Insurance Fund compensates the employer for all costs of paying these benefits. In this case, the employer acts as an intermediary between the Social Insurance Fund and the working woman.

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

If the employer is unable to provide benefits due to insufficient funds. The woman is recommended to contact the FSS office directly.

Amounts of maternity benefits payments

Depending on the social status of the woman, the amount of the B&R benefit is:

For workers - 100% of the average salary for the billing period
For those dismissed due to the liquidation of an organization, from February 1, 2020 to January 31, 2021, the benefit amount is 675.15 rubles, excluding the regional coefficient. Payment occurs monthly, within 12 months from the date of dismissal. Payment begins 10 days after submitting documents to OSZN. Source.

For students - in the amount of a scholarship
For employees - in the amount of allowance

The B&R benefit is paid in full at once and depends on the duration of maternity leave.

Rules for calculating maternity benefits

According to Law No. 255-FZ of December 29, 2006, expectant mothers are entitled to social support in the form of various benefits. The main one is the B&R payments due for maternity leave with a standard duration of 140 calendar days. Working women, full-time students, military personnel, female individual entrepreneurs, pregnant women dismissed due to the liquidation of the company have the right to expect to receive the indicated amount.

To calculate the payment, a special calculation formula is used, consisting of indicators of average daily earnings and the number of days of vacation according to the BiR. But whether sick leave is taken into account when calculating maternity pay is of interest to those employees who are expecting a child again or have already brought a certificate of incapacity for work to the employer for the billing period. To correctly answer this question, first of all, you need to know that in 2020, to determine the B&R allowance, the previous 2020 and 2020 are taken. It is during this period that the presence and absence of a specialist at his or her working time is analyzed using time sheets.

Procedure for registration of maternity leave

Package of documents required to receive benefits:

Passport
Sick leave certificate for incapacity for work due to pregnancy
Application (2 copies) for benefits and leave in connection with the birth of a child (Sample application)

Benefits are accrued within 10 calendar days from the date of application. Payment occurs on the day of the next salary payment. If the FSS is responsible for accrual and payment, then accrual also occurs within 10 days, and payment occurs no later than the 26th day of the next calendar month after the month of application.

When to notify your employer about leaving your vacation?

The duration of maternity leave is prescribed in the order. After the sick leave is closed, the woman must start working.

A woman can write an application for parental leave for up to 1.5 or 3 years.

The law does not prohibit going to work before the end of maternity leave. To return to work early, you need to write a return to work application.

The application is written no later than 4 days before the planned start date of work. The application contains a request for termination of maternity leave and benefit payments, as well as the date of return to work.

The application is drawn up in 2 copies. It is advisable to discuss the time of going to work in advance with the employer.

An employer does not have the right to fire an employee if she is on maternity leave (Article 256 of the Labor Code of the Russian Federation). During maternity leave, women can take another person’s place, but only temporarily. On the day a woman goes to work, the person temporarily performing her duties is obliged to vacate the place.

For how long are maternity benefits paid for child care?

Child care benefits until the child reaches one and a half or three years of age must be issued monthly. It amounts to forty percent of the average salary and is also issued from the Social Insurance Fund, and is still paid at the place of work on the day the salary is paid.

It must be remembered that the period of stay at home to care for a child begins strictly on the day of his birth indicated in the certificate. Therefore, such leave may partially coincide with temporary disability due to pregnancy and childbirth. In this case, you will have to decide whether you want to immediately start receiving payments in the amount of forty percent of your salary, or wait until the end of the employment leave and only then apply for a new one.

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Any pregnant working woman is interested in the question of when to go on maternity leave. Therefore, let’s try to figure out at what month of pregnancy expectant mothers go on maternity leave; Is it possible to go on maternity leave before/after the established date; How is a maternity leave issued?

Should I go on maternity leave?

Maternity leave in modern Russia for a woman is the time covering the last months of her pregnancy, the birth of the baby and the period of caring for the baby. However, such leave is called “maternity leave” in the old fashioned way.

Today these are 2 types of leave, which follow one after another (without time gaps), but differ in design and required payments. We are talking about maternity leave and parental leave.

Maternity leave is the legal absence of a woman from the workplace during the period when she first expects, then gives birth, and then raises a child. And employers, of course, are not delighted with such a lack of a specialist (even with mandatory payment), since the established production process is disrupted.

The employee does not go to work, but she retains her job. This means either downtime in a certain area, or you need to hire another specialist temporarily (which is completely unsuitable for many applicants), or assign additional responsibilities to other team members.

Important: knowing the timing of a specific maternity leave—its start and end—partly helps to reduce all of the above inconveniences to a minimum.

Is it possible to get it in advance

We have already become familiar with the timing of maternity payments in one case or another. Is it possible to request the appropriate funds in advance? For example, before resigning voluntarily?

No. The thing is that employers pay for maternity leave only if they have sick leave. Therefore, you first need to go on maternity leave, and then decide what to do with work.

According to the Labor Code of the Russian Federation, a woman on maternity leave or maternity leave cannot be fired under the article or laid off. An employer has the right to terminate an employment relationship with a subordinate by agreement of the parties or on her personal initiative.

How long does it take to go on maternity leave?

The first of the vacations, included in the generally accepted concept of “maternity leave,” is called “maternity” leave. The law defines the terms (average) after which the working activity of a pregnant woman ends. The expectant mother goes on a well-deserved and completely legal vacation in anticipation of the birth of her baby.

During this period, the following questions are relevant for women employees and their employers:

How many weeks/months exactly does a woman go on maternity leave?

If the residence or work activity of a pregnant woman is not associated with harmful characteristics, and if carrying a child is not associated with medical problems, the expectant mother will go on statutory leave at 30 weeks (approximately 7 months) of pregnancy.

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

The actual period of such leave is 140 days, 70 of which are in the last trimester of pregnancy, and the same amount - for the time after the birth of the newborn.

For how long can maternity leave be extended if the birth itself was difficult?

In this case, the law adds another 16 days to the required 140, so that the woman recovers from difficult labor, gains strength and improves her health.

What week does maternity leave begin in case of multiple pregnancy (more than one child)?

Under such circumstances, the expectant mother has the right to stop working at 28 weeks. And in fact, maternity leave is provided for more - not 140, but 194 days, of which 84 are allocated for the period before the birth of babies and 110 for the time after their birth.

But it happens (albeit extremely rarely nowadays) that only in the delivery room does it become clear: the newborn is not alone. Then, after her discharge from the maternity hospital, mommy will have another 54 days added to her previously issued 140 days of vacation.

What is the duration of maternity leave for women who lived or worked in hazardous conditions?

They can go on maternity leave at 27 weeks. And their vacation will be longer than everyone else’s - 160 legal days (90 days before giving birth and another 70 after).

However, for this to happen, the area where such a pregnant woman lives must have the official status of “contaminated” due to industrial accidents or man-made disasters associated with the release of radiation. And these include:

PA "Mayak" and the territories adjacent to it;
Chernobyl Nuclear Power Plant zone;
area of the Techa River (radiation waste is discharged into it).

When should a woman go on maternity leave if she gave birth earlier than expected?

In each specific case, the decision is made individually. But if, as a result of misfortune or illness, childbirth occurs earlier than expected, the maternity leave will be issued from any week (from 22 to 30) and extended for 156 days after delivery.

Registration of maternity leave

Maternity leave is issued with a certificate of incapacity for work (sick leave). This is enshrined in a number of legal documents (p. 8 of the Procedure for issuing certificates of incapacity for work from the order of June 29, 2011 of the Ministry of Health and Social Development of Russia, Article 225 of the Civil Code of the Russian Federation, etc.).

Sick leave for pregnancy and childbirth is issued by a gynecologist who monitors the woman. Or a family doctor. Or a paramedic if the expectant mother lives in a locality where there are no clinics or antenatal clinics.

This document (sick leave for pregnancy and childbirth) is uniform and is issued once. Therefore, the pregnant woman and the expectant mother will no longer have to complete any medical documents.

Important: the decision that it is time for a woman to go on maternity leave is made each time by the doctor who individually observes the patient. In most cases, the doctor, when deciding on the date of maternity leave, focuses on the so-called “obstetric period”. But ultrasound doctors appeal to the “gestational” period.

The obstetric period is 14 days longer than the gestational period. And here the woman can negotiate with the doctor the conditions for going on maternity leave for one or another period - depending on her own well-being. Tired, constantly feeling unwell? It is worth registering according to the obstetric period. If you are full of strength and desire to work - according to gestational.

Important: the duration of maternity leave is determined by the observing gynecologist, based on several decisive factors. And this period is calculated based on pregnancy in weeks.

The period is calculated from the moment the pregnant woman is registered according to her status in the antenatal clinic or clinic. Up to the day of the week.

Did the woman apply for registration on Wednesday? This means her maternity leave will also begin on Wednesday. And knowing this interesting point, the expectant mother can independently calculate the date of going on maternity leave, which means she will be able to plan her affairs and adjust some projects, including those related to work.

Article 225 of the Civil Code of the Russian Federation obliges a pregnant woman, who has issued and received the appropriate sick leave, to provide this document at her place of work and there to write an application for maternity leave on the basis of the law.

Types of payments due to a woman on maternity leave

With the birth of a child, every family not only introduces new pleasant chores, but also significantly increases expenses, especially since the entire burden of financial support for the family falls, as a rule, on the shoulders of the father.

The state is taking a number of measures to support families with children, including paying special benefits and providing benefits to working women expecting a child.

For example, all of them, regardless of length of service, receive payments and benefits during maternity leave. The USSR became the first state in the world to provide women with this type of leave since 1917. The right to it and the payment of insurance coverage to all pregnant women is reflected in Articles 225 and 226 of the Labor Code of our country.

The introduction of such leave is due to the fact that in the later stages of pregnancy, due to health reasons, it is already difficult for women, and if the course is complex, it is impossible to fulfill their duties; in addition, the expectant mother needs time to prepare for the birth of the baby.

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.

Payment terms

After all documents have been submitted to the personnel department or accounting department, the organization prepares an order for leave and payment of all due funds. The calculation must be completed 10 days in advance, and payment can be made on the nearest salary transfer date. The entire amount is issued at a time for the entire vacation period.

Approximately according to the same scheme, additional one-time benefits are issued when registering in the early stages of pregnancy and birth benefits .

Having received the application and documents, the employer or other body making the payment must pay them to the woman within ten days.

This can be done on the day you receive your salary or on any other day no later than the 26th day of the month following the one on which the documents were submitted.

Required documents

In order to go on vacation and prepare for the birth of a baby, as well as receive all the payments due, a woman must collect and submit the necessary documents on time.

For maternity , submit to the HR department:

A certificate of incapacity for work for the entire duration of the vacation, drawn up correctly.
A certificate of registration at 12 weeks of pregnancy from the antenatal clinic in order to receive the appropriate benefit.
A free-form application, usually based on the employer's template.
All salary information and payment details are usually available in the organization's accounting department. If this is a new place of work, then you need to provide certificates of income from the previous place.

To count on child care , you need to prepare:

identification document;
original and copy of the child’s birth certificate;
statement.

To receive a one-time benefit for the birth of a child, the father obtains a certificate from his employer stating that he was not paid. Documents are submitted before the child turns six months old.

For non-working women

Women who do not have a permanent job also receive maternity and pregnancy benefits if they are registered with the employment center or are full-time students. You need to apply for it from the local FSS authorities or the administration of the educational institution - for female students.

To do this, the application must be accompanied by a sick leave certificate, a certificate from the antenatal clinic, a document from the previous place of work or a work record book, and a certificate that the woman is registered as unemployed with the Employment Service. The father can receive benefits from his employer.

For information about what payments are due during maternity leave, see the following video:

We recommend other articles on the topic

Source: https://posobie-help.ru/kompensacii/bolnichnyj/beremennost-rody/vyplati-v-dekrete.html

Is it possible to go on maternity leave earlier?

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

In certain situations, a pregnant woman can go on maternity leave earlier than expected. But for this there must be appropriate circumstances:

health problems of the expectant mother;
the complexity of the working atmosphere in which a pregnant woman is forced to be;
difficult living conditions;
other factors forcing the expectant mother to leave work earlier than the established deadline.

The specific period for going on maternity leave by week is fixed in the Order of the Ministry of Health and Social Development of Russia No. 624n dated June 29, 2011

. It also says that a woman can receive sick leave for pregnancy and childbirth only from the gynecologist who has been seen since the moment of registration.

There are no exceptions to this rule, but a pregnant woman must understand that she has a real opportunity to go on maternity leave earlier than scheduled or return from maternity leave later.

This possibility, for example, is spelled out in the current Labor Code. After all, it is this set of laws that states that any employee has the right to annual paid leave. And the employer can provide a pregnant working woman with the following leave:

immediately before the date of maternity leave;
immediately after the end of maternity leave;
after maternity leave.

Important: going on maternity leave for a particular woman is in no way related to her length of service at the enterprise from which she is leaving, or her overall length of service. This right is prescribed by law. But the most interesting thing is that the next vacation of the expectant mother is not related to the length of service. It must be provided to her by the employer, even if she has not worked for the company for the required six months.

In cases where a woman has already taken her next vacation, and it is already difficult for her to work before going on maternity leave, the issue needs to be resolved with the supervising gynecologist. There are options there that allow a pregnant patient to take a break from work.

The employer, who may well be dissatisfied with this state of affairs, should keep in mind that during a woman’s pregnancy everything should be aimed at ensuring her physical comfort and mental balance. Because not only her well-being, but also the health of the unborn child depends on this.

All of the above is put at the forefront, so a pregnant woman who does not feel well, but is not yet going on maternity leave, has the right to:

simple leave on sick leave (outpatient);
or undergo treatment in a hospital setting.

And here it won’t even matter to her what specific week pregnant women go on maternity leave.

What is maternity leave?

Maternity leave is a long period from the moment a woman leaves to prepare for childbirth until the child turns 3 years old. This concept is not officially used anywhere and is applied only in the process of communication.

Maternity leave can be divided into 2 stages - pregnancy and childbirth and child care. These two periods are called “maternity leave” for convenience and simplicity.

A sick leave certificate is a document that is issued in the event of a pregnant woman’s incapacity for work before her maternity leave. It is not necessary to take it and you can refuse; it is paid depending on the length of service. The woman works during this period.

Important! Maternity leave begins 70 days before childbirth and continues until 70 days after childbirth.

When expecting twins, this period increases. This rest period is required by law for employed people, it is paid without taking into account length of service in the amount of 100% of average earnings, and you are not allowed to work in it.

At the end of sick leave due to pregnancy, it is time to care for a child up to 3 years old.

Payment for this period is made at the rate of 40% of average earnings.

The legislation of the Russian Federation does not provide for any sick leave on maternity leave until the mother returns from maternity leave.

Is it possible to go on maternity leave later?

Different women experience pregnancy differently. In addition, a lady in an interesting position may have her own plans and calculations regarding the timing of maternity leave.

Someone feels bad and tries by hook or by crook not to go to work (fortunately, this can be done on absolutely legal grounds). Others want to earn as much as possible before the birth of a child and are in no hurry to go on maternity leave, especially since their excellent health allows them to work, as they say, “until the last.”

Let's figure it out: does the current legislation allow a woman to go on maternity leave later than the established deadline? Allows, according to clause 46 (3 paragraph) of the same Order of the Ministry of Health and Social Development of Russia No. 624n dated June 29, 2011. A pregnant woman refuses the “vacation” certificate of incapacity due to her, and a corresponding mark is made on her card.

Important: if a woman later changes her mind and wants to rest legally, she will have to go to her gynecologist to get sick leave. But only before giving birth.

After this, such a document cannot be issued. But it can also be prescribed retroactively - from the date of the legal period of 30 weeks or earlier (in case of multiple pregnancy or in other circumstances).

But strictly for the period described in the law for each category of pregnant citizens - for 140, 160 or 194 days.

The expression “before childbirth” in a situation with “overdue” sick leave is given for the correct interpretation of legal norms.

From all of the above we can draw certain conclusions:

A pregnant woman has the right to receive a certificate of incapacity for work for pregnancy and childbirth only before the birth of her child. If she prefers to work until the birth, then after the birth of the baby she will immediately have to take leave to care for him. In this situation, she will also lose the right to compensation payments due by law to pregnant women for this period. However, the mother will be able to apply for child care benefits immediately after his birth. This option is possible only in cases where a pregnant worker receives a very decent salary, directly dependent on the amount of work she performs. Much also depends on the current state of her health.
Even if a pregnant woman receives sick leave later than the established date, the document will be issued backdated to the 27th, 28th or 30th week of pregnancy.
You cannot be on maternity leave and work at the same time. So those who expect to receive both a salary and maternity benefits at the same time will have to give up fantasies on this topic and consider real options.

From the moment a woman takes the corresponding sick leave to work, they stop paying her wages there and begin to accrue “maternity” benefits. If the employee feels financial losses due to this, you can try to negotiate with the employer so that the missing amount is still paid. For example, as a bonus.

The law allows this.

Expert opinion

Volkov Nikita Fedorovich

Lawyer with 8 years of experience. Specialization: criminal law. Has experience in protecting legal interests.

Sometimes disputes arise over the establishment of deadlines. But here the gynecologist observing the woman, as a rule, meets his patient halfway and makes a recalculation in her favor.

The online calculator will calculate the date of birth, as well as how many days are left before maternity leave, including taking into account the days remaining from annual paid leave.

conclusions

During pregnancy, you should seriously listen to your doctor's advice. If he says that it is worthwhile to be observed in a hospital, to treat concomitant diseases or diseases acquired during pregnancy, to improve your health and sit at home, just relax, then taking sick leave is not only possible, but also necessary. After all, the health of the child, the mother and the successful outcome of childbirth depend on this.

If the certificate of incapacity for work is issued in the current year of maternity leave, then its duration will not have any effect on maternity leave.

If the sheet is issued in the previous year and falls within the billing period, this will also not underestimate the amount of payment, since sick days will be excluded from the calculation, and sick leave payments will not be included in the total earnings.

Based on this, a woman can safely issue a form if her health requires it.

When on maternity leave

If a woman is expecting one child, then she is entitled to maternity leave from the 30th week of pregnancy (about 7 months), and the period of maternity leave will be 140 days (70 days prenatal and 70 days postpartum).

In case of multiple pregnancy, a certificate of incapacity for work will be issued from the 28th week, and the maternity period will be 196 days (84 days prenatal and 110 days postpartum).

If a child is born prematurely, the duration of leave does not change.

Example: Before the birth there were not 70 days, but 60 days, then after the birth the vacation is extended by the number of remaining days. The total number of days does not change and does not depend on the number of days used before the birth.

To go on maternity leave, you need to submit an application to the personnel department at your place of work, attaching a certificate of incapacity to work with the application.

Within 10 working days after submitting the application, maternity benefits will be accrued, as well as for early registration at a medical institution. Payment is made on the next day of payment of wages at the enterprise.

A woman has the right to take the next annual paid leave immediately before maternity leave (Article 260 of the Labor Code).

To calculate the date of birth and maternity leave, it is enough to know the start date of the last menstrual cycle. The first day of the last menstruation is considered the first day of pregnancy (obstetric period before birth).

New size of maternity benefits in 2020

Maternity payments also increased in 2020.

So, the maximum size in 2020:

maternity benefits for 140 days of maternity leave – 322,191.78 rubles ;
monthly allowance for child care up to one and a half years old - 27,984.66 rubles .

In turn, a one-time benefit:

at the birth of a child from January 1, 2020 – 17,479 rubles ;
for women who registered with medical organizations in the early stages of pregnancy - 655 rubles .

REFERENCE
At the expense of the Social Insurance Fund, 4 types of benefits related to maternity are paid. Two of them depend on the average earnings of the insured person for the billing period. These include maternity benefits and a monthly child care benefit for up to 1.5 years.

The other two benefits are paid in the amount established by law - their amount is fixed and does not depend on the size of the mother’s salary before the birth of the child. These include a one-time benefit at the birth of a child and a one-time benefit for women who are registered with medical organizations in the early stages of pregnancy.