For which category of women is maternity leave? Labor Code on maternity leave. Who is required to pay maternity benefits?
From a legal point of view, the decree is divided into:
- Maternity leave (can only be taken by the expectant mother).
- Parental leave (can be taken by a father or, for example, a grandmother).
Both are provided and paid only if the work is official and the employer makes contributions to the Social Insurance Fund.
During maternity leave, the woman retains her place of work.
How long is maternity leave?
The expectant mother needs to prepare for childbirth, and caring for a newborn requires a lot of time and effort. As a measure social support The state guarantees working women the right to maternity leave (MLE).Maternity leave consists of the prenatal and postnatal periods. The expected date of birth is determined by the gynecologist. The doctor also prescribes sick leave for pregnancy and childbirth.
Usually people go on maternity leave in the 30th week, and the corresponding vacation is 140 days.
In some cases, a woman may go on maternity leave earlier, then its duration will be longer.
When adopting a woman, she is granted only the postnatal part of the leave under the BiR - 70 days for one child and 110 for two or more.
To extend the postpartum part of the leave under the BiR, you need to take out another sick leave and write a statement to the employer.
Is it possible to further extend maternity leave?
Regular leave can be added to the B&R leave. According to Article 260 of the Labor Code of the Russian Federation, planned leave can be taken:- before going on maternity leave (up to 30 weeks of pregnancy);
- after the end of the vacation according to the BiR (after 140 days);
- after the end of maternity leave.
It does not matter whether the woman worked for the organization for six months and what date she was assigned to on the vacation schedule.
How to apply for maternity leave?
To go on maternity leave, you need to write an application addressed to the director.Your full name should be indicated in the header of the application. and the position of the manager, as well as the name of the addressee. The text should include a request to provide leave for employment and labor (indicating the dates on the basis of sick leave) and accrue the required benefits. At the end there is a signature with a transcript and the date. A certificate of incapacity for work must be attached to the document.
Based on the application, the organization issues an order to grant maternity leave. The woman meets him under his signature. And within 10 days she receives maternity benefits.
How is maternity leave paid?
When a woman goes on maternity leave, she receives an appropriate allowance.Maternity benefits are paid at a time and in total for all days of vacation.
Maternity benefit (PPBiR) is 100% of average earnings for the two years preceding maternity leave. It is calculated using the following formula:
PPBiR = income 2 years before maternity leave / 730 or 731 days × number of days of maternity leave.
At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount was 670,000 rubles, in 2016 - 718,000 rubles. In addition, sick leave, personal leave, time off and other periods during which insurance premiums were not accrued to the employee are excluded from the total number of days in a two-year period.
You can calculate your maternity benefit using the calculator on the Social Insurance Fund website. Since maternity benefits are accrued on the basis of sick leave, the calculation is carried out as for paying for a certificate of incapacity for work.
What other payments and benefits are entitled to mothers?
In addition to maternity benefits, a woman has the right to count on several more benefits (plus maternity capital at the birth of her second child and subsequent ones).- Allowance for registration in early dates- 613 rubles (as of February 2017). It is paid along with the BiR benefit if the woman consulted a doctor before 12 weeks of pregnancy and wrote a corresponding statement to the employer.
- Child birth benefit - 16,350 rubles (as of February 2017). Paid as a lump sum to one parent. If the mother applies, she must write an application, attach the child’s birth certificate and a certificate that the father did not use the benefit.
- Childcare benefits for children up to one and a half years old in the amount of 40% of average earnings.
Who can take parental leave?
At the end of the BiR leave, a woman can take maternity leave or. In the latter case, parental leave can be taken out by a father, grandmother or another relative who will look after the baby. They may receive benefits.Parental leave can last until the child is 3 years old, but only the first 1.5 years are paid.
For the period from 1.5 to 3 years, monthly compensation is paid - 50 rubles.
The algorithm for calculating child care benefits (CCA) is approximately the following:
PPUR = income 2 years before maternity leave / 730 or 731 days × 30.4 × 40%.
In this case, the same restrictions apply as when calculating the B&R benefit.
You can apply for child care benefits within 6 months from the moment the child turns one and a half years old. The right to it remains, even if you go to work part-time or take a job.
How to apply for parental leave?
To go on parental leave and receive the appropriate benefits, you need to write an application to the employer and attach to it:- birth (adoption) certificate of the child;
- a certificate stating that the second parent or neither parent receives PPUR;
- a certificate of income from your previous place of work (if it has changed in the last two years);
- a certificate from the place of part-time employment stating that the PPUR was not accrued there (if the employee is a part-time worker).
Can a woman on maternity leave be fired?
According to Article 261 of the Labor Code of the Russian Federation, an employer cannot terminate an employment contract with a pregnant woman and a woman on maternity leave.A woman on maternity leave cannot be fired, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the labor and employment leave.
An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social security authorities.
If earlier in Rus' the norm was to give birth to children in the field, and then return to agricultural work, then in our civilized age the attitude towards women in labor is much more reverent.
Women are legally given time to prepare for childbirth and recover after it, as well as leave until the child reaches the age of three.
Let's figure out how to build a relationship with an employer for an expectant mother.
Maternity leave: what does an expectant mother need to know?
Essentially maternity leave consists of two parts.
First, on pregnancy and childbirth, lasts 70 days before birth and another 70 after it. If you are expecting two or more babies, the duration of the vacation increases to 84 and 110 days, respectively.
Benefit, paid for pregnancy and childbirth since 2012, is paid based on the woman’s average earnings over the last two years.
In this case, periods of temporary working capacity, including those due to previous maternity leave, are not taken into account in the calculation.
Thus, women who have not worked in the last two years or who have a low official salary find themselves in an unfavorable situation. If your work experience is less than six months, the benefit amount is calculated taking into account the minimum wage.
If the family cannot hire a nanny, and grandparents cannot look after the child, the young mother will have to immediately go to next vacation: child care.
You can stay in it until the child reaches 3 years of age, during which time you will retain your workplace, however child benefit in the amount of 40% of the monthly maternity benefit is paid only for the first 1.5 years.
From 1.5 to 3 years, compensation in the amount of 50 rubles is awarded for each day spent on maternity leave.
Parental leave can be taken not only by the mother, but also by another family member (father, grandmother, grandfather, etc.). True, in countries former USSR This is rarely practiced.
When going on maternity leave, do not forget to prepare package of documents: Otherwise, there may be problems with receiving payments.
At 30 weeks V antenatal clinic you will be given a certificate of incapacity for work; it must be provided to the employer along with a free-form application for benefits.
To the list of documents required to take three years of parental leave, included: application, birth certificate (if you have other children, then their certificates will also be required) and a certificate from the second parent’s place of work, certifying that he did not go on a similar leave.
And know that during both maternity leave and childcare leave, you will under no circumstances can't fire. If this happens, you have every right to appeal to the Labor Inspectorate and the court. An exception is the case of liquidation of a legal entity.
How not to ruin your relationship with your employer?
Of course, few business owners will be happy about the temporary incapacity of a valuable employee. Therefore, sometimes it is very difficult to choose the right strategy of behavior when informing management about an upcoming joyful event for you.
There is no legal deadline, for which you must inform your superiors about your pregnancy. Formally, this can be done at the thirtieth week, after receiving a certificate of incapacity for work at the antenatal clinic.
However, it is better to gather your courage and inform your manager earlier: this will give you time to calmly find a replacement for you during the vacation period and transfer matters without haste.
If the relationships within the team are not too close, there is no need to rush to share news at least until the end of the first trimester. It is unlikely that washing bones will contribute to your peace of mind.
The new status gives you some rights. Now not only can you not be fired. If a fixed-term employment contract expires soon, it must be extended.
Women working for hazardous production, can be transferred to another department while maintaining the same salary, and, if desired, can be transferred to part-time work (although in this case the salary is proportionally reduced).
Also keep in mind that pregnant women It is prohibited to send on business trips or call to work at night, weekends and holidays.
Triumphant return
It is very important during the time spent on maternity leave, do not lose professionalism. After all, even a minor break affects your skills and abilities, let alone several years spent away from the workplace.
To avoid going back to work as a stressful experience, try to stay up to date with what's happening in your industry. Despite the small amount of free time, the young mother It’s worth finding time to review the news and read professional literature.
Keep in touch with colleagues: this way you will be aware of the situation in the company and after leaving you will be able to choose the right strategy of behavior.
After returning from maternity leave, Don’t overload your colleagues with stories about your child’s life. It is clear that the baby is the most important thing for you, but not everyone will be pleased to hear stories about how the child eats or goes to the toilet.
Better prove yourself as a professional, for whom a break from work was not an obstacle to achieving new horizons.
Pregnant women are granted special maternity leave. It usually starts 70 days before your expected due date.
How long does it take to go on maternity leave in Russia?
What week and exact date will the doctor tell you at the antenatal clinic appointment at 6 months of pregnancy. Usually people go on vacation from the 30th week of pregnancy - at a period of 7 months.
Maternity leave lasts 140 days for uncomplicated natural childbirth. 70 days are given before childbirth and 70 after. The doctor determines the date, but often it does not coincide with the actual date of birth. Therefore, regardless of it, after 140 days, according to the law, the vacation ends.
A pregnant woman expecting more than one child is sent on leave 84 days before giving birth, gives birth and rests for another 110 days. A total of 194 days, instead of 140.
Extension of leave by law
When childbirth is complicated, for example, if a pregnant woman undergoes a caesarean section, then she claims 86 days of leave after childbirth. To do this, in the maternity hospital the doctor writes out a certificate of incapacity for work to provide to the employer in addition to the main sheet.
Registration of maternity leave
The doctor indicates the expected date of birth in the pregnant woman’s card. You can ask your doctor to set the date a few days or even a week earlier if you don’t want to work longer, but he is not obligated to do this.
The doctor determined the exact date and told me when to come for a certificate of incapacity for work. To apply for sick leave you must take:
- passport;
- SNILS insurance certificate.
The doctor will issue a sick leave certificate and provide a certificate of registration at an early date. Next, the pregnant woman at work writes an application for maternity leave, to which she attaches a certificate of incapacity for work.
Example: how many days before giving birth do people go on vacation?
Masha is expecting one child; the doctor has determined the expected date of birth for January 1, 2018. Let's subtract 70 days to find out the date of going on vacation. We will receive: October 22, 2017. The date falls on Sunday - a day off, so Masha will go on maternity leave from Monday, October 23, 2017. Let's assume that Masha gave birth without complications on January 7, 2018. Let's add 140 days to October 23, 2017, and we get March 13, 2018 - the end date of maternity leave.
Is it possible to go on maternity leave before 30 weeks of pregnancy?
A woman has the right to take 28 days of annual paid leave before going on maternity leave and then immediately go on maternity leave. But this is not the limit. If a woman is not feeling well or is at risk of miscarriage, she can take sick leave and, for example, undergo treatment in a hospital or go into confinement, then she can take annual paid leave, and then go on maternity leave.
Benefits during maternity leave
An example of calculating benefits for BiR
Masha worked for 10 years for an organization that made contributions to the Social Insurance Fund of the Russian Federation (hereinafter referred to as the FSS). Masha went on maternity leave on December 31, 2018; we take into account the amount, including personal income tax, that her employer paid her for 2016 and 2017.
Masha earned 1,500,000 rubles over the past 2 years. We divide this amount by the number of days for the two previous years and multiply by the number of days of maternity leave. In 2016 there were 366 days, and in 2017 there were 365 days, in total we get 731. But from these days we will subtract the days when Masha was on sick leave or when there were no Social Insurance contributions for her - she did not work officially, she was sick.
It turned out that Masha was sick for 31 days, which means we subtract 31 days from 731 and get 700 days. And we know that Masha was expecting one child, which means 140 days.
Let's calculate: divide 1,500,000 rubles by 700 days and multiply by 140. We get 300,000 rubles. But she will not receive this amount, since there is an upper limit on benefits payments. For 2018 - 282,493 rubles.
- 301,095.20 rubles for 140 calendar days;
- 335,506.08 rubles for 156 calendar days;
- 417,231.92 rubles for 194 calendar days.
Minimum:
- 51,919.00 rubles for 140 calendar days;
- 57,852.60 rubles for 156 calendar days;
- 71,944.90 rubles for 194 calendar days.
Parental leave
At the end of maternity leave, the young mother is not required to go to work; the next one begins - for care up to 3 years. After giving birth, you must write an application at work and provide the following documents:
- child's birth certificate;
- a certificate from the father’s place of work confirming that he did not take leave for up to three years.
If you are tired of being on maternity leave, or other circumstances arise, you can go back to work, and your spouse, grandparents, and guardians can take parental leave.
Until the child turns three years old, parental leave can be taken in turns. For example, his mother stays with him until he is one year old, his father rests from one to two years old, and his grandmother rests until he is three years old.
Care allowance
This benefit is paid until the child turns one and a half years old. WITH . The person caring for the child can receive benefits and compensation; the grandmother will receive benefits based on her earnings.
To receive you need:
- application for benefits;
- birth or adoption certificate of the child being cared for;
- birth or adoption certificate of previous children in the family;
- salary certificate for the last two years from previous places of work.
Usually, the employer asks you to write a statement and submit documents along with the vacation application. Basically, the monthly benefit is 40% of average earnings.
Example of calculating care allowance
Masha’s payments for two years amounted to 1,500,000 rubles, and she worked only 700 out of 731 days, the rest was on sick leave.
When calculating this benefit, we will also subtract days spent on sick leave or on parental leave.
Let's calculate: 1,500,000 divided by 700 (number of days worked), multiplied by 40% (to multiply by 40%, multiply by 40 and divide by 100) and multiply by 30.4 (average number of days in a month), we get 26,057 rubles .
- The benefit from January 1, 2019 cannot be less than 4,512 rubles if the first child was born, and 6,284 rubles (from February 1, 2019 - 6,554.89 rubles) if the child is the second and subsequent.
- The maximum from January 1, 2019 is 26,152.27 rubles. Therefore, Masha will receive 26,057 rubles every month until the child reaches one and a half years old.
If she wants to go to work, and her husband goes on maternity leave, then he will receive an allowance calculated from his income for two years.
Is it possible to work on maternity leave?
You can only work on leave under the BiR under a civil law contract, then you will be paid benefits and paid for work under the contract. In addition, you can not go on maternity leave for a while, if the employer does not mind, and continue to work. In this case, the salary will be paid, but the days worked will be deducted from the benefit, and the benefit amount will be less.
An employer cannot pay wages and maternity benefits at the same time.
Working on maternity leave
- part-time work;
- under a civil contract;
- at home.
Part-time working hours are not established by law. You can work three hours a day, two days a week, or you can work seven and a half hours, five days a week, this will also be considered part-time. The main thing is to come to an agreement with the employer and not arouse suspicion in the Social Insurance Fund.
Is work experience valid during maternity leave?
The length of service fully includes maternity leave, as well as one and a half years of parental leave.
If the mother or father took out care leave several times (for several children), a total of a maximum of 6 years of such leave can be included in the length of service (clause 3, part 1, article 12 of the Law of December 28, 2013 N 400-FZ).
The remaining one and a half years of maternity leave are not counted towards the length of service. An exception is maternity leave to care for a child with a disability. In this case, the length of service will include the entire period of caring for him.
Returning from maternity leave
A pregnant young mother has every right to leave maternity leave on her next maternity leave. You'll have to choose, use a new one sick leave and receive maternity benefits or receive care benefits for up to a year and a half further.
An employer cannot provide two benefits and two vacations at the same time.
Dismissal during maternity leave
An employer can fire a woman on maternity leave only if:
- liquidation of a legal entity;
- termination of the activities of the individual entrepreneur.
You can resign at your own request at any time. Therefore, if an employer persuades you to sign a letter of resignation of your own free will and promises mountains of gold, you cannot agree. Most likely, after signing the papers, the pregnant or already mother will not see either the gold or the employer.
Annual paid leave before maternity leave
It is possible to go on another annual leave and add it to maternity leave if the pregnant woman has not yet taken it during the current year. Even if she has not worked the required six months, she can use it, and the employer’s opinion does not matter.
You can take everything allotted days, or you can only part, if it’s more convenient.
Annual leave after maternity leave
A young mother has the right to take annual paid leave both after maternity leave and after maternity leave for up to 3 years. It will be calculated for the 12 months that she worked before going on maternity leave. Therefore, there is no need to worry about payment, the employer will pay for it, and the woman will receive the same amount as she would have received for leave before maternity leave.
.Is it possible to extend maternity leave after 3 years of maternity leave?
Since 2014, there has been an amendment to Article 11 of Federal Law No. 173, according to which parental leave up to 1.5 years is taken into account in work experience. At the same time, the maximum number of such one and a half year maternity leave cannot exceed three, that is, maternity leave for up to 3 years with a fourth child will no longer be included in the work experience.
Parents are mistaken that they can extend child care up to 4.5 years (3 times 1.5 years).
Until the age of 4.5 years and even up to 6 years, maternity leave can only be extended by agreement with the employer, if he agrees to keep the employee’s job for that long. In this case, he will have to either partially pay the salary or allowance from his own funds.
The reason for extending the leave may be the unsatisfactory condition of the child. A special medical advisory commission (SMC) issues a certificate to the employee for the employer. The conclusion must be received annually.
If there are no grounds for extending the maternity leave, the employer has the right to refuse the employee and even fire her if she does not come to work and in the event of a trial, the law will be on his side.
2019-07-08T13:09:29+00:00
Hello! At my work, I am planning an annual promotion from September 1, I need to go on leave for employment and economics at the end of 07/21/2019, its end will be on 12/08/2019 (approximately). Since my salary is greater than the upper limit, I expect to receive the maximum allowance for BiR in the amount of 301 thousand rubles. At the same time, it is very important for me to get an entry in the work book about a promotion as soon as possible, so that the length of service with a higher position begins to count - I need this for my resume later. I don’t know how to do this so as to make an entry in the work book with a higher position as early as possible and not lose the payments due to me? Because the monthly allowance on leave under the BiR is about 75 thousand, and on maternity leave 26 thousand, maybe I should go to work for a couple of days after the leave under the BiR (having received 300 thousand benefits in full), they will register me in the labor register with a higher position, and then go on maternity leave again to care for a child?
Commentary on Article 255
1. Providing maternity leave is the most important guarantee for women, not only allowing them to combine work with motherhood, but also protecting the health of mother and child.
The provision of appropriate leave is provided for by ILO Convention No. 103 “On Maternity Protection,” ratified by the USSR in 1956 (see Decree of the Presidium of the Supreme Soviet of the USSR of July 6, 1956 // USSR Air Force. 1956. No. 14. Art. 301). In accordance with this Convention, every woman employed in industrial enterprises, non-industrial and agricultural work, including homeworkers, upon presentation of a medical certificate, has the right to maternity leave, the duration of which cannot be less than 12 weeks, including at least 6 weeks in the postpartum period. If the birth occurs before the expected date, the leave taken before this date is extended in any case until the actual date of birth, and the duration of compulsory postpartum leave is not reduced for this reason. During maternity leave, a woman is provided with a cash benefit, the amount of which is set in such a way as to ensure good hygienic living conditions and an adequate standard of living for the woman and her child.
Russian legislation fully meets the ILO requirements. In accordance with Art. 255 of the Labor Code, women are granted maternity leave of at least 70 days before childbirth and 70 days after childbirth (a total of at least 20 weeks) with payment of maternity benefits during this time in the amount of full earnings.
2. The right to maternity leave is granted to all women without exception working under an employment contract, regardless of the duration of their work in the organization, working hours, use of regular leave, etc.
3. Maternity leave consists of two parts - prenatal and postnatal. The duration of the first is 70 calendar days, and when multiple pregnancy- 84 calendar days; the duration of the second is 70 calendar days, for complicated births - 86, for the birth of two or more children at the same time - 110 calendar days.
Longer maternity leave is granted to women permanently residing in the territory of residence with the right to resettlement, as well as those permanently residing (working) in the resettlement zone before their relocation to other areas. The duration of prenatal leave in these cases is 90 calendar days with the implementation of health activities outside the territories with radioactive contamination (see clause 7, part 1, article 13, clause 8, part 1, article 18 and part 1, article 20 of the Law RF "On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant").
In accordance with paragraph 4 of Art. 1 and art. 7 of the Federal Law of November 26, 1998 N 175-FZ (as amended on August 22, 2004) “On the social protection of citizens of the Russian Federation exposed to radiation as a result of the accident in 1957 at the Mayak production association and discharges of radioactive waste into the Techa River" prenatal leave lasting 90 calendar days is also provided to women living in settlements exposed to radioactive contamination as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River, where the average annual effective radiation dose is currently above 1 mSv (0.1 rem) (additionally above the level of natural background radiation for a given area).
The list of settlements located within the boundaries of zones of radioactive contamination due to the accident at the Chernobyl nuclear power plant was approved by Decree of the Government of the Russian Federation of December 18, 1997 N 1582 (as amended on April 7, 2005). The list of settlements that were exposed to radioactive contamination as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River was approved by Decree of the Government of the Russian Federation of October 8, 1993 N 1005 (as amended on November 20, 1999) .
4. The basis for granting maternity leave is a certificate of temporary incapacity for work issued by an obstetrician-gynecologist, and in his absence, by a general practitioner. The procedure for issuing certificates of temporary disability was approved by Order of the Ministry of Health and Medical Industry of Russia N 206 and Resolution of the Social Insurance Fund of the Russian Federation N 21 of October 19, 1994 (as amended on June 25, 1996) (BNA. 1995. N 1; 1996. N 8). A certificate of incapacity for work is issued from 30 weeks of pregnancy (in case of multiple pregnancy - from 28 weeks) at a time for 140 calendar days (70 calendar days before childbirth and 70 calendar days after childbirth) or for 194 calendar days (84 calendar days before childbirth and 110 calendar days). days after birth). Women who lived (worked) in the resettlement zone before their resettlement to other areas and live in the zone with the right to resettlement, as well as women living in settlements exposed to radioactive contamination as a result of the accident at the Mayak production association and the discharge of radioactive waste into the river Temporary disability certificate is issued for 160 days (90 days before childbirth and 70 days after childbirth). In case of multiple pregnancy, a certificate of temporary incapacity for work is issued to these women for 200 days (90 days before childbirth and 110 days after childbirth).
For childbirth that occurs before 30 weeks of pregnancy and the birth of a live child, a certificate of incapacity for work for pregnancy and childbirth is issued by the medical institution where the birth took place for 156 calendar days (70 days of prenatal leave and 86 days of postnatal leave, as for complicated births), and in the case of a stillbirth or death within the first 7 days after birth - for 86 calendar days.
In case of complicated childbirth, a certificate of incapacity for work is issued for an additional 16 calendar days by the medical institution where the birth took place. The instructions on the procedure for providing postpartum leave for complicated births were approved by Order of the Ministry of Health of Russia dated April 23, 1997 N 01-97 (BNA. 1997. N 12).
If pregnancy occurs while the woman is on partially paid leave or additional leave without pay wages for child care, a certificate of incapacity for work is issued on a general basis (see clause 8.5 of the Instruction on the procedure for issuing documents certifying temporary disability of citizens, dated October 19, 1994).
On granting leave to persons who have adopted a child, see Art. 257 Labor Code and commentary to it.
During the “embryo transfer” operation, a certificate of incapacity for work is issued by the operating doctor for the period from the moment of hospitalization until the fact of pregnancy is established, and then on a general basis.
5. Maternity leave is a woman’s right, therefore it is granted upon her request, but a woman’s refusal to take prenatal leave is highly undesirable, since it is provided to protect the health of the pregnant woman and her unborn child.
The law does not require a written application for maternity leave. A woman’s intention to take advantage of the right to leave granted to her can be expressed by providing the employer with a certificate of temporary incapacity for work, which indicates the start and expected end time (in the absence of complications during childbirth) of the leave.
6. The current Procedure for granting maternity leave in accordance with ILO Convention No. 103 provides for the provision of leave in total for the number of calendar days indicated on the temporary disability certificate. This means that if the birth occurs earlier or later than expected, the total duration of leave will not change.
7. During the period of maternity leave, a woman is paid a state social insurance benefit. The amount of the benefit and the procedure for its payment are established Federal law dated May 19, 1995 N 81-FZ (as amended on December 5, 2006) “On state benefits for citizens with children”, Regulations on the appointment and payment of state benefits for citizens with children, approved by the Decree of the Government of the Russian Federation of December 30 2006 N 865 (SZ RF. 2007. N 1. Art. 313), as well as the Federal Law of December 29, 2006 N 255-FZ "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance" (SZ RF. 2007. N 1. Art. 18).
Along with women working under an employment contract, the following also have the right to maternity benefits:
Women dismissed due to the liquidation of enterprises, institutions and organizations during the twelve months preceding the day they were recognized as unemployed in the prescribed manner;
Women from among the civilian personnel of military formations Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation;
Women dismissed due to their husband's transfer to work in another area, moving to the husband's place of residence, illness that prevents them from continuing to work or living in a given area (in accordance with a medical report), the need to care for sick family members (if there is a medical report) or disabled people of group I, provided that maternity leave occurs within month period after dismissal.
8. Maternity benefits for women working under an employment contract, women from among civilian personnel of military formations and women dismissed within a month before the right to maternity leave arises for the above reasons are paid in the amount of 100% of average earnings. The calculation of average earnings is carried out in accordance with the Federal Law of December 29, 2006 “On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance.”
Maternity benefits are assigned and paid for calendar days falling during the period of maternity leave, and are calculated by multiplying the daily benefit by the number of specified days.
The maximum benefit amount for the next financial year is established by the federal law on the budget of the Social Insurance Fund. In 2007 it is 16,125 rubles. per full month. In regions and localities where regional coefficients are applied to wages in accordance with the established procedure, the maximum amount of benefits for temporary disability, pregnancy and childbirth is determined taking into account these coefficients. This norm was recognized by the Constitutional Court of the Russian Federation as not corresponding to the Constitution of the Russian Federation; it loses force on September 23, 2007 (see Resolution of the Constitutional Court of the Russian Federation of March 22, 2007 N 4-P (SZ RF. 2007. N 14. Art. 1742)).
A special procedure for calculating the amount of maternity benefits is established for persons with insurance experience of less than six months: the benefit is paid in an amount not exceeding for a full calendar month the minimum wage established by federal law, and in regions and localities in which, in the established the procedure for applying regional coefficients to wages is the minimum wage taking into account these coefficients (clause 3 of Article 11 of the Federal Law of December 29, 2006 N 255-FZ).
About the order of calculation insurance period see paragraph 13 of the commentary to Art. 183 TK.
9. Maternity benefits are paid at the place of work on the basis of a certificate of temporary incapacity for work. For women working for several employers, the benefit is paid for each place of work, with a maximum limit in each case.
For women dismissed within a month before the start of maternity leave, benefits are paid at their last place of work on the basis of a certificate of temporary incapacity for work.
10. Maternity benefits for women dismissed due to the liquidation of enterprises, institutions and organizations, during the twelve months preceding the day they are recognized as unemployed in the prescribed manner, are paid in the amount of 300 rubles. (see Article 8 of the Federal Law “On State Benefits for Citizens with Children”). The benefit is paid for all calendar days falling during the period of maternity leave. The benefit is paid by the social protection authorities at the woman’s place of residence on the basis of an application for a benefit, a certificate of temporary incapacity for work, an extract from the work book about the last place of work, certified in the prescribed manner, and a certificate from the state employment service recognizing her as unemployed.
11. Along with maternity benefits, women who register with medical institutions in the early stages of pregnancy (up to 12 weeks) are paid a one-time benefit in the amount of 300 rubles.
To assign and pay a one-time benefit to women who registered with medical institutions in the early stages of pregnancy, a certificate from the antenatal clinic or another medical institution that registered the woman in the early stages of pregnancy is provided.
12. Maternity benefits are paid within 10 days from the date of provision of all necessary documents. A one-time benefit for women registered in the early stages of pregnancy is paid simultaneously with the maternity benefit, if the relevant documents are submitted at the same time, or within 10 days from the date of provision of a certificate from a medical institution, if it is submitted later.
13. Maternity benefits and one-time benefits for working, unemployed, dismissed women within a month before the start of maternity leave are paid from social insurance funds; benefits for women from among the civilian personnel of military formations - at the expense of the federal budget.
14. In addition to maternity benefits, in accordance with the Federal Law “On State Benefits for Citizens with Children,” a lump sum benefit is also paid upon the birth of a child in the amount of 8,000 rubles. for each child.
One of the child’s parents or a person replacing them has the right to a lump sum benefit upon the birth of a child.
To assign and pay a one-time benefit at the birth of a child, an application for the assignment of this benefit and a certificate of the birth of the child issued by the registry office are submitted. If both parents work (serve, study), an additional certificate from the place of work (service, study) of the other parent is submitted stating that such benefits were not assigned.
In addition to benefits for the birth of a child established by federal legislation, additional benefits may be assigned in accordance with the legislation of the constituent entities of the Russian Federation.
Motherhood is a wonderful burden for a woman, which she bears with pleasure if all other “burdens” are cast aside. For example, work. And we all know very well that this is precisely why the decree exists. However, not everyone can afford it. Or they think they can't.
In fact, maternity leave is divided into two parts: “maternity leave” and “parental leave”. And the following can go into it: female students, official employees and those who are registered with the Employment Center after layoffs. Moreover, it is not the employer who “pays” for it, but the Social Insurance Fund of the Russian Federation. And the amount is calculated individually. And now about everything in more detail.
Maternity leave
According to the Labor Code of the Russian Federation, a woman has the right to go on maternity leave for 30 weeks of her pregnancy (28 - when expecting more than one child). Approximate date exit is indicated by a doctor, who should be contacted for a confirmation document for the employer after 12 weeks from conception. A complete package of papers, consisting of:
- certificate of incapacity for work (sick leave) for pregnancy and childbirth;
- application for appropriate leave;
- certificates from the previous place of work (if available): about the average income for the previous two full calendar years, about exception periods not included in the calculation of benefits;
- copy of passport;
The employer is obliged to prepare response orders within 10 days. He only calculates how much you should receive from the Social Insurance Fund of the Russian Federation
1. Maternity benefits are paid to the insured woman in total for the entire period of maternity leave lasting 70 (in the case of a multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth.
2. When adopting a child (children) under the age of three months, maternity benefits are paid from the date of his adoption until the expiration of 70 (in the case of simultaneous adoption of two or more children - 110) calendar days from the date of birth of the child (children).
3. If, while the mother is on maternity leave until the child reaches the age of one and a half years, she begins maternity leave, she has the right to choose one of two types of benefits paid during the periods of the corresponding leaves.
Benefit amount
Not counting the meager lump sum for registering with a gynecologist earlier than at 12 weeks, and also bypassing the payment during childbirth, let’s say that the main income for this period is the money from the formula above. That is, the average daily income for 2 years is multiplied by the number of days on maternity leave.
If you have worked in the organization for less than 6 months, as well as in the absence of work, as monthly payment minimum income is taken
You have the right to use your planned leave before and after maternity leave. Thus increasing your time spent at home.
Parental leave
When the presence of grandparents or money for nannies allows them to start working after the first part of maternity leave, some women take advantage of this and re-enter everyday work. However, this is not always feasible. Well, the Labor Code of the Russian Federation provides for another 1.5 years of paid parental leave. But, alas, in a smaller size. Namely 40% of the average salary.
To receive a monthly child care allowance, you must provide your employer with:
- application for benefits;
- a copy of the birth certificate of the child being cared for;
- a copy of the birth certificate of the previous child(ren);
- a certificate from the second parent’s place of work stating that this leave is not used and is not receiving benefits;
- Bank details where to transfer benefits.
The maximum period of maternity leave is 3 years, but the remaining 1.5 years are unpaid. And an important fact is that the father, other relatives or guardian can take parental leave. Moreover, it can be divided into parts “among each other”. But the benefit will be paid to only one person. During this time, he cannot be fired or removed from his position.
