Maternity leave. Maternity leave in Russia: when we leave and for how much, who can use, how will they get paid

09.08.2019

Having a baby is a very important event for every woman. The demographic policy of the Russian state provides for the granting of maternity leave to citizens, and also gives leave to care for a child up to three years old, which, in addition to mom, can be taken by dad, grandmother and someone else from close relatives. It is important for every family to know how much these holidays are paid.

Parental leave: what is it, what periods refer to maternity leave

Maternity leave (MA) is received by a working or student citizen if she is pregnant and the number of weeks of pregnancy established by law has come. A woman will receive leave for the period prescribed by law before and after the birth of a child or several children. After BIR's leave, the state gives the right to receive parental leave for a child born until he is three years old.

Maternity leave

With this vacation, the state gives a woman the opportunity to prepare for childbirth, and then rest herself and devote time to the baby in the very first days of his life. The right to leave for BiR is given by the provisions of Art. 255 of the Labor Code of the Russian Federation, where it is recorded that a woman is entitled to an allowance from the FSS for the period of vacation.

The Pension Fund of the Russian Federation calculates pension points for women on parental leave up to one and a half years

What are the benefits for pregnant women before maternity leave

Every pregnant citizen of the Russian Federation has the right to state benefits, which she receives if the following conditions are met:

She dwells at any period of gestation.
She went to the gynecologist, who recorded the presence of pregnancy.
She registered (registered) at the clinic at the place of permanent registration.

Each pregnant woman, regardless of the fact of employment, is entitled to a one-time benefit if she is registered with a medical organization in the first trimester of pregnancy, that is, up to 12 weeks (Art. 3 and Art. 9 81-FZ of 05/19/1995).

Such an allowance is paid from the regional FSS. The amount of the allowance from 01.02.2018 is 628.47 rubles.

Another preferential payment for pregnant women is a one-time allowance for the wives of conscripts. (Art.14.2 81-FZ of 05.19.1995). The amount of such a one-time benefit from 02/01/2018 is 26,539 rubles 76 kopecks.

A gynecologist gives a certificate of the need to transfer a pregnant worker to light work. A pregnant woman submits an application for a transfer to the employer with the attachment of such a certificate. Light work implies no contact with harmful substances, an individual work schedule (Article 49 of the Labor Code of the Russian Federation), which implies the ability to shift the hours of the working day.

The right to an individual schedule even gives the expectant mother the opportunity to shorten the working day or week. Of course, with such a change in the schedule, the work of the pregnant woman is paid for the time actually worked. It is important that this will not lead to a reduction in the length of the annual leave.

For pregnant women, the following are completely contraindicated:

lifting weights;
contact with chemicals and X-rays;
work in night shifts.

So, a pregnant worker can write an application for transferring her to work only on the day shift (Labor Code of the Russian Federation, Art. 96), transferring from a harmful or physically strenuous production to an easier job. In such cases, the preservation of average earnings is provided (Labor Code of the Russian Federation, Art. 254). No one has the right to prevent a pregnant woman from visiting doctors (Article 254 of the Labor Code of the Russian Federation). In this case, the time of going to the doctor is also supposed to be paid according to the average earnings, if the employee has provided a certificate.

Important: the dismissal of pregnant women is illegal (Article 261 of the Labor Code of the Russian Federation). Refusal to hire pregnant women is also prohibited by law.

If you are pregnant and they are trying to fire you, do not despair, but defend your rights.

How to take sick leave during pregnancy

If a pregnant woman experiences symptoms that are not related to her situation, such as a runny nose, she should see a therapist. He, of course, should be notified of his pregnancy if the period is not yet very noticeable outwardly.

Any doctor, for example, a therapist, ophthalmologist, neurologist, can give a hospital to a pregnant woman, depending on the complaints the woman has addressed.

Pregnant women turn to a gynecologist in connection with symptoms that are characteristic of the state of pregnancy:

dizziness;
fatigue;
drowsiness or insomnia;
leg cramps;
swelling;
nausea and vomiting;
pulling pain in the abdomen;
vaginal discharge.

The gynecologist will determine how strongly these symptoms affect the woman's health and the risk of termination of pregnancy. Previously, the gynecologist had the right to issue a certificate of incapacity for work for a long time with such a diagnosis as "toxicosis of pregnant women" and "threat of interruption." Now the rules have changed. With such diagnoses, the gynecologist sends to the hospital, where a certificate of incapacity for work is issued, which, if necessary, can continue for the entire period of gestation.

A certificate of incapacity for work for pregnancy and childbirth is drawn up on a standard form

How long does maternity leave under the law last?

An important question for expectant mothers is when it will be possible to go on vacation. And also a significant issue is the length of the vacation.

Table: the beginning and duration of vacation in BiR

Conditions for calculation	Pregnancy period at maternity leave, weeks	Vacation duration, days
Conditions for calculation	Pregnancy period at maternity leave, weeks	Total	Before giving birth	After childbirth
Normal pregnancy with one child	30	140	70	70
Premature birth (between 22nd and 30th weeks)	-	-	156	156
Difficult childbirth during normal pregnancy	30	156	70	86
When more than one child is born	28	194	84	110
When multiple pregnancies are detected already during childbirth	30	194	70	124
For women living in the eviction zone due to the Chernobyl disaster	27	160	90	70
For women living in the eviction zone due to the Chernobyl disaster with complicated childbirth	27	176	90	86
For women living in the eviction zone due to the Chernobyl disaster at the birth of twins	27	200	90	110

Note that there is no unambiguous answer for all pregnant women. The duration of the leave and the length of the vacation for BiR depends on many reasons, such as the birth of twins.

Expectant mothers need to know the timing of maternity leave and the number of days on leave for BiR

Leave according to BiR is calculated in total, and a woman always receives the total number of days of leave, regardless of how many days she used before giving birth. When adopting a newborn under Art. 257 of the Labor Code of the Russian Federation, leave is supposed, lasting from the date of adoption and up to 70 days from the date of birth of the adopted child, and if the child is not alone - up to 110 days.

If the adoption is formalized by both spouses, such leave is entitled to one of them at their discretion. If the adoptive parents wish to ensure the preservation of the secrecy of adoption, as provided for by law, the adoptive parent can receive leave for the BiR of the same duration.

Procedure and rules for registration of maternity leave

The categories of women who can receive paid maternity leave are listed in Art. 6 of Law 81-ФЗ dated 05.19.1995. Have the right to it:

working under an employment contract with state and commercial employers;
undergoing military service under contract in all departments;
full-time students;
dismissed in connection with the liquidation of the organization or the termination of the activities of the individual entrepreneur, if 12 months have not passed since the woman was declared unemployed.

The right to BIR benefits is granted to working women, as well as to those who were fired from the company against their will during the last year.

Note that the right to paid maternity leave also applies to the adoption of a newborn child.

In the Russian Federation, the only category of women is not eligible for paid leave in the BiR - these are non-working pregnant women. The reason for this difference is that the BIR allowance compensates for the earnings that the maternity will not receive if she is absent from the workplace due to the birth of a child. And a non-working mother has no such earnings.

women without formal employment;
dismissed in connection with the termination of the enterprise, earlier than 12 months before the date of the beginning of the possibility of maternity leave, subject to registration at the labor exchange;
dismissed in connection with the liquidation of the employer during the period of being on leave on the occasion of the birth of a baby;
women entrepreneurs who closed their business and were deregistered with the tax service;
lawyers and notaries who have terminated their powers;
wives of conscripts.

Now let's move on to the process of issuing a decree, in which the pregnant woman herself and representatives of the employer take part. The expectant mother is obliged (the law of December 29, 2006 No. 255-FZ):

receive a certificate of incapacity for work for work leave from your doctor in due time;
write an application for the provision of vacation, in which indicate the dates of its beginning and end, as well as the desire to receive benefits for BiR;
if the maternity worker in 2016–2017 did not work for the same employer where she draws up the decree, a certificate of the amount of earnings for 2016–2017 is needed;
familiarize yourself with the signed vacation order and sign.

It should be noted that the presence of a maternity leave application is required, since some women do not go on vacation in the BI in due time and continue to work. And the employer has no right to send them on maternity leave without consent.

Without a documentary appeal of the employee for BIR leave, the procedure for issuing a decree does not begin, maternity benefits are not charged

Employers' employees responsible for the registration of the BIR are obliged to:

receive a statement from an employee with a sick leave;
issue an order for a vacation in BiR;
familiarize the pregnant woman with the order;
calculate maternity allowance;
draw up a note-calculation in the T-60 form for making payments;
transfer the allowance to the employee's bank card or give it out in cash from the cash desk.

After giving birth, the woman in labor must submit a copy of the baby's birth certificate. If during childbirth medical circumstances appear that affect the extension of BiR's leave, then the woman in labor should receive an additional sick leave. After the repeated process of paperwork, the employer will pay extra to the maternity nurse for additional days of BiR.

After a vacation in BiR, a woman makes a choice:

Write an application for the provision of leave for caring for a child up to three years old.
Go to work, and another family member, for example, the child's father or grandmother, will draw up documents for the granting of parental leave for a child up to three years old, but at his place of work.

A relative of a child who will take parental leave for up to three years will provide a set of documents at their place of work.

A copy of the child's birth certificate.
A document confirming the degree of relationship (for example, a grandmother can present a birth certificate for one of the baby's parents).
A certificate stating that the mother of the newborn has not been granted parental leave (if the father is taking the leave).
Certificates of non-receipt of parental leave from the mother and father of the child, if the leave is issued, for example, by the grandfather. Parents will provide certificates from all places of work (in the case of a part-time job).

If the mother does not work, then none of the working relatives will be able to receive parental leave. When the child turns one and a half years old, the mother can extend the vacation until the child is 3 years old.

This will require:

come to the employer at the end of the nursing leave up to one and a half years;
write a statement (there is no unified form) addressed to the employer to extend the vacation for another year and a half;
leave a request for payment of benefits in the amount of fifty rubles a month (the employer does not have the right to withhold payments, and therefore will have to leave an application for such an allowance, even if it is sometimes not necessary).

The data on the decree should not be reflected in the work book. This does not comply with the provisions of Art. 66 of the Labor Code of the Russian Federation.

Video: decree for individual entrepreneurs

Order of payment of the decree

The payment of the decree is made depending on the type of employment of the woman:

working women with more than six months of experience - 100% of the average earnings;
contract servicemen - in the amount of monetary allowance;
female students - in an amount equal to the scholarship regardless of the basis on which the training is carried out - paid or free (Letter of the FSS RF dated 09.08.2010 N 02-02-01 / 08-3930);
dismissed in connection with the liquidation of the organization - in the amount of 628.47 rubles. (after indexing 02/01/2018);
pregnant women with less than six months of total experience - from the minimum wage, from May 1, 2018 it is 11,163 rubles.

Let us briefly describe the scheme for calculating the benefit for women employed:

We summarize all payments to a woman for 2016 and 2017.
We determine the total number of calendar days in the accounting years (2016 - 366, 2017 - 365).
Determine the calendar days of the excluded periods for a woman (sick leave, BIR leave, etc.).
Subtract the days of the excluded periods from the calculated total calendar days.
To determine the average daily earnings, we divide the sum of all payments for two years by calendar days minus the excluded periods.
To calculate the amount of vacation allowance, we multiply the average daily earnings by the number of vacation days in the BiR.

How do we calculate maternity benefits?

Holidays at own expense are not included in the exclusion periods.

When calculating the benefit, a pregnant woman has the right to replace any of the accounting years with any previous one. For example, in 2016 she was on maternity leave and this year, according to a woman's application, can be replaced by 2015, if the result of such a replacement is an increase in the calculated amount.

Legislation determines the minimum and maximum amount of the BiR benefit. The maximum amount of the daily allowance is determined from the maximum value of the base for contributions to the Social Insurance Fund for the calendar years that are used to calculate the allowance:

The limiting base for 2016 is 718,000 rubles, for 2017 - 755,00 rubles, in total for two years - 1,473,000 rubles.
Calendar days in the billing period - 731 days.
Maximum daily allowance in 2018: RUB 1,473,000 / 731 = 2017.81 p.
The minimum daily allowance is calculated from the minimum wage, which from 01.05.2018 is 11,163 rubles.

A pregnant woman with insurance experience of up to six months will receive this amount per month.

We will show the minimum and maximum payments for vacations in BiR of different duration.

Table: Limiting amounts of payments for vacation in BiR in 2018

If a woman does not work for one employer, then she can receive a BI allowance at each place of employment (part 2 of article 13 No. 255-FZ), where she worked for the previous two years. The calculation will be carried out without taking into account the income received by the woman from other employers.

If a woman is dismissed due to the liquidation of a legal entity or the termination of a sole proprietor's business and a year has not passed since the day she was recognized as unemployed, the BIR allowance paid to her by the social security authorities in 2018 will amount to 628.47 rubles.

Any close relative of a baby on leave to care for him up to one and a half years is paid an allowance in the amount of 40% of the average monthly earnings. To calculate the average monthly earnings, they use the amounts accrued to a relative two years before the year of birth of the baby. Unemployed parents can also take advantage of such leave, but the amount of the benefit from the FSS will be minimal.

Table: allowance for parental leave up to one and a half years

For relatives who take parental leave of up to one and a half years, a lower and upper limit of the allowance has been established. If the relative's earnings are below the minimum wage, then the allowance will be calculated from the minimum wage. The maximum amount of the benefit is limited by the limit for the payment of insurance premiums for 2016-2017. The maximum allowance for care for up to one and a half years will be 24,536.55 rubles.

Mothers or other close relatives will be able to receive the allowance until the baby is three years old (decree of the President of the Russian Federation of 05/30/1994 No. 1110). The amount of this allowance is 50 rubles.

The company's accountant will tell a young mother how to properly arrange a parental leave

Reimbursement of maternity payments from the Social Insurance Fund: when it is made, terms of reimbursement, required documents

Cases for reimbursing benefits directly from the FSS:

a pilot project of the FSS “Direct payments” is operating in the region;
the employer is unwilling or unable to pay the woman the legally stipulated benefit.

It is important that you must contact the FSS at least within six months after the holiday in BiR.

In the first case, everything is simple: a pregnant woman receives a sick leave from a gynecologist and fills out a vacation application for submission to the employer in a unified form. All other actions are the employer's concern.

Photo gallery: new uniform application form for payments through the FSS

Sheet 1 of the application is the title one, it indicates the personal data of the applicant. Sheet 2 of the application for payments through the FSS is intended for calculating the amount of the benefit. Sheet 3 of the application must be certified by the signature of the official who accepted the application

If a woman has more than one place of work, she can submit a new application form through any of the employers - the FSS will directly assign an allowance based on all her places of earnings and pay it in one amount.

If a pregnant woman is denied the payment of benefits, and the region is not one of those where the Direct Payments project operates, then the woman needs:

to file a lawsuit in court for the legal recognition of the impossibility to receive BIR benefits from the employer;
wait for the entry into force of a positive court decision;
submit to the territorial body of the FSS at the place of registration of the employer an application for the appointment of maternity benefits with an extract from the court decision and a package of necessary documents provided in the general case.

The allowance will be calculated from the employee's average earnings based on a certificate from the employer. If the employer does not provide the pregnant woman with a certificate, the FSS will independently make a request to the FIU about her income.

Are maternity payments subject to personal income tax and insurance premiums?

Maternity payments are not subject to personal income tax (clause 1 and clause 2.1 of article 217 of the Tax Code of the Russian Federation), or insurance premiums (clause 1, clause 1 and clause 3. clause 2 of article 422 of the Tax Code of the Russian Federation).

The procedure for registration of tax deductions on maternity leave

On vacation, BiR, a woman does not receive a salary, but an allowance for a certificate of incapacity for work, which is not subject to personal income tax. Therefore, she will be able to take advantage of tax deductions only after she goes to work, when she starts earning.

Note that the following can be considered as income that allows you to get a deduction:

additional amounts of income from other sources, for example, from renting real estate and a similar type of income;
the amount of taxable labor income received during the year in which the woman took out maternity leave (before the start of the vacation);
proceeds from doing business as an individual entrepreneur subject to personal income tax.

On leave to care for an infant up to three years old, a woman can work part-time. Then she, having incurred expenses stipulated by the law, will be able to issue tax deductions in the usual way.

An inspector of the Federal Tax Service can advise a young mother on obtaining a tax deduction

Does the individual entrepreneur pay contributions to the FIU while on maternity leave

Individual entrepreneurs who are on leave for the BI are exempted from paying contributions to the Pension Fund of the Russian Federation. If an individual entrepreneur claims an insurance payment under the BI, she should not carry out entrepreneurial activities during the vacation period.

To obtain an individual entrepreneur benefits, the following documents are required:

copies of tax declarations to confirm the fact of non-implementation of entrepreneurial activity;
birth certificate of a child;
SP passport;
a certificate from the housing department about cohabitation with a newborn;
a copy of the certificate of marriage, divorce, death of one of the parents (depending on the life situation);
a certificate from the spouse (wife) that they continue to work and have not gone on maternity leave to take care of the child.

Is it possible to take another vacation before maternity leave

A woman has the right to receive another leave immediately before maternity leave. She does not even need, as it should be for all employees, to work six months in the organization (Article 122 of the Labor Code of the Russian Federation) to receive the first regular leave.

Maternity leave in case of reorganization and liquidation of an enterprise

According to Part 3 of Art. 36 of the Labor Code of the Russian Federation, upon reorganization of the enterprise, the employment contracts of employees do not terminate. Leave for BiR is issued with a certificate of incapacity for work, therefore, during this period, the dismissal of an employee is illegal. And also under Art. 256 of the Labor Code of the Russian Federation for the duration of the leave for caring for an infant up to three years old, the person on vacation must retain the position, that is, the employment contract is valid.

Taking into account these legislative norms, it is impossible to reduce the rate employed by the maternity worker, nor can she be dismissed, therefore, she must be fully paid for her vacation in the BiR. In the event that the enterprise is liquidated, the woman must be paid severance pay, make a full payment for the work, including payment for unused vacation days, pay leave for the BiR.

Work at a maternity place: features of registration of an employee at a maternity rate

At the time of a full-time employee's maternity leave, the employer has the right to hire another person to fulfill the duties of this unit, having concluded a fixed-term contract with him. In such an agreement, it is necessary to indicate not a specific end date of work, but an event of the end of the agreement - the exit of an employee or employee from vacation. The right to early withdrawal from the decree makes it impossible to determine the end of such an agreement.

The employer may not accept a new employee to perform the duties of a person who has gone on maternity leave, but transfer an employee already working in the company to the maternity rate, including in the status of combining with the main position. Then an additional agreement is concluded to the main employment contract, where it is indicated that the employee fulfills the combined duties until the person on vacation starts working.

An employee transferred to a maternity position must understand that he will have to release it when the main employee leaves the vacation

The end of maternity leave: how to properly issue a withdrawal from the decree

Since the period traditionally called maternity leave is divided into two leaves, we will consider each type of leave separately.

The basis for the leave for BiR is a certificate of incapacity for work. Therefore, the end of the vacation is not accompanied by the execution of any separate documents. The sick leave has long been handed over to the personnel department and paid for, and the young mother simply starts working after the end of the certificate of incapacity for work, if she does not want to write an application for parental leave.

Separately, we will consider the procedure for exiting from parental leave for an infant up to three years old.

Parts 2-4 of Art. 256 of the Labor Code gives the right to a person using such a vacation to be on vacation both for the entire established period, and for part of this period. The law does not provide for obstacles to leaving such leave at any time convenient for the vacationer:

full-time ahead of schedule - the employee has this right from the first day of the parental leave (this day is recorded in the application of the mother or other relative for the provision of parental leave, as well as in the order of the head of the organization for the provision of such leave);
ahead of schedule for part-time work with the maintenance of benefits (if the child has not yet turned one and a half years old);
after the end of the vacation (that is, the day after the day the child turns three).

The legislation does not contain a direct statement that the withdrawal from such leave should be agreed with the employer. This is confirmed by the provisions of Part 2 of Art. 256 TC.

In the family, at the birth or adoption of children, a significant role is played by the amount of payment for the time provided by the state for the period of preparation of a woman for the birth of a child and for caring for him. You should know what documents are used to receive payment for BIR leave and maternity leave. This knowledge will help a woman to defend her rights.

Every woman who is going to become a mother in the near future is obliged to know. Usually, state support for young parents is the same from year to year, but the amount of payments they are entitled to may change. So, today we will look at the details of such a law in order to allow expectant mothers to sensibly prepare for their maternity leave.

New in legislation on maternity leave

The first thing mothers should take care of during pregnancy is the availability full package of documents, which they will need on maternity leave. It goes without saying that your employer must provide a vacation according to the law, but you should find out about the due payments yourself and in advance. It should be remembered that accuracy and attentiveness are extremely important in this matter.

A woman going on parental leave must provide her employer with a written application stating that she is legally entitled to maternity benefits. In addition, she must attach to the application sick leave from the antenatal clinic and salary certificate over the past couple of years. Accrual of payments by law must be carried out ten days after the filing of the application. If you receive the funds from the employer, then the payment for the maternity leave occurs on the day the salary is received.

In the event that vacation allowance is accrued to you by the social security fund, then payments must occur before the 26th of the month following the month in which you submitted a full package of documents. This social support is eligible for working and non-working mothers-students who study on a full-time basis or serve on a contract basis, as well as women who have taken a child for adoption.

System for calculating payments for mothers on maternity leave

The amount of the appropriate maternity allowance depends directly on the average wage of a woman. Calculation formula:

Total income for the last two years / number of days in these couple of years * number of days of maternity leave.

It is important to take into account that a woman's earnings for two years should not exceed the maximum value determined by law. Moreover, the amount of the average daily income also has its maximum allowable value. It can be calculated by the following method: first, it is necessary to add up the marginal bases for calculating payments of the social insurance fund for the last two years before going on maternity leave. The resulting value should be divided by 730, and you get the value of the average daily income due to a young mother.

You should also be aware that when calculating days in a biennium not taken into account sick leave, previous maternity leave (if any), parental leave and such leaves during which wages were partially or fully retained (only if the state did not accrue additional benefits on it).

Maternity leave period

It is almost never possible with absolute precision to determine for how long a woman will go on maternity leave, since all childbirth proceeds individually and there may be certain difficulties. True, for a favorable pregnancy, established specific terms for calculating the benefit:

140 days of leave is given to a woman who has given birth to one baby;
194 days (84 of them - before childbirth, and 110 - after them) are allowed for a woman who gave birth to twins, triplets, etc.

If the child born prematurely(up to 30 weeks), then the mother is entitled to an additional 156 days after childbirth, allocated for vacation (not counting the vacation days until the moment of birth).

Conclusion

retained for the most part all the provisions that existed in 2015. However, reminding yourself of them is necessary if you are going to become a parent in the near future.

The new procedure for the appointment and calculation of the amount of maternity benefits, which entered into force on January 1, 2011, involves the use of the rule approved by the Government of the Russian Federation for determining the amount of maternity benefits based on the amount average wages based on the results of the two-year period preceding the year of maternity leave, or taking into account the established amount minimum wage(The minimum wage, from January 1, 2018, is set at RUB 9489).

Payments are due to all working women who apply, in the form of social insurance for temporary disability and in connection with maternity. Maternity paid in a lump sum and in total for the entire vacation period stipulated by the law.

The usual length of leave is considered 70 calendar days before childbirth (in the case of multiple pregnancies - 84 days) and 70 days after childbirth, with the exception of complications possible during childbirth - 86 days, or when two or more children are born - 110 days (respectively, in total).

Accruals are made on the basis of the one presented at the place of work, which must be issued to a pregnant woman in a clinic (antenatal clinic) at the obstetric period of 30 weeks of pregnancy.

In addition to the certificate of incapacity for work, it is necessary to submit an application for vacation to the accounting department at the place of work. A maternity allowance is assigned within 10 days from the date of application for its receipt, and payment is made on the next date of issue of wages at the enterprise.

How are maternity payments calculated?

According to the amendments made to the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", since January 1, 2011, the procedure for calculating average earnings has changed, the value of which is used for calculation of maternity in 2018.

The amount of maternity benefits when leaving on the corresponding leave from the workplace is obtained by multiplying the received average daily earnings:

The minimum amount of maternity payments in 2018 and the maximum

According to this minimum size maternity benefits in 2018, taking into account the value of the average daily earnings, calculated according to the minimum wage, is:

RUB 43,615.65 - with normal childbirth (140 days);
RUB 48,600.30 - with complicated childbirth (156 days);
RUB 60,438.83 - with multiple pregnancies (194 days).

These minimums will increase from May 1, 2018- on on behalf of Vladimir Putin, by this time, the minimum wage should be brought to the level of the subsistence minimum approved by the decree of the Government of the Russian Federation for the 2nd quarter of 2017 (11163 rubles in accordance with Resolution No. 1119 of September 19, 2017). In proportion to this (that is, by 17.6%) from May 1, the minimum maternity rates will also increase.

Maximum allowance is limited by the value of the average earnings from which social insurance contributions are made in the event of temporary disability and in connection with motherhood (the so-called "Insurance base").

Although in 2018 its size is 815 thousand rubles, when calculating the benefit, the insurance base is taken for the two previous years - 2016 and 2017 (respectively 718 and 755 thousand rubles), based on which the maximum size of maternity payments now make up:

RUB 282,106.70 - during normal childbirth;
RUB 314,347.47 - with complicated childbirth;
RUB 390,919.29 - with multiple pregnancies.

How much more do they pay on maternity leave and up to 1.5 years monthly?

Women registered in a clinic or antenatal clinic before the 12th week of pregnancy have the right to receive it - subject to the presentation of an appropriate certificate from a medical organization about the early registration of the expectant mother.
In addition to this, one of the parents (mother or father) is also paid at the place of work, amounting to 16,759.09 rubles.
At the end of the decree, the calculation of parental leave with the right to receive is made - in the amount of 40% of the average salary, but not less than the minimum amount established by law:
- RUB3,788.33 for the first child (40% of the average monthly earnings when calculating the minimum wage = 9489 rubles);
- RUB 6,284.65 - on the second and subsequent.

You should know that when several children are born at the same time, the above are performed for each child (first, second and subsequent). The condition for obtaining is the presentation of a birth certificate (original) received at the registry office to the accounting department at the place of work, as well as certificates from the place of work second parent and.

How to calculate maternity in 2018 (example and online calculator)

Consider a situation when a woman goes on maternity leave in January 2018 for a period of 140 days (normal pregnancy and childbirth without complications).

In this case, when establishing maternity payments (,), taking into account the approved calculation rules, income for the full 2016 and 2017 years will be taken into account:

Income for 2016 was:
- salary - 150,000 rubles;
- vacation pay - 14,000 rubles;
- sick leave - 6000 rubles (14 days).
Income for 2017:
- salary - 200,000 rubles;
- vacation pay - 17,000 rubles;
- sick leave - 3000 rubles (5 days).

With the above data, you can calculate the amount of established maternity payments, using the formula:

maternity allowance:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 140 = RUB 74,915.73
childcare allowance up to 1.5 years:
(150000 + 14000 + 200000 + 17000) / (366 + 365 - 14 - 5) × 30.4 × 0.4 = RUB 6506.97

Since the received values of benefits are higher than them and do not exceed the maximum amounts of payments for 2018, they will be accepted for accrual at the place of work or directly in the FSS. And the parents will only have to wait for the funds to be transferred.

liquidation of organizations;

the termination of activities by individuals in quality;

termination of powers by private notaries or termination of the status of a lawyer;

termination of activities by other individuals, whose professional activities in accordance with federal laws are subject to state registration and (or) licensing.

Maternity allowance for these categories of citizens is established in the minimum fixed size ( - RUB 628.47 per month or 2888.73 rubles. for 140 days of the decree).

Full-time women in educational organizations of various types (organizations of higher and additional vocational education, scientific institutions, educational and industrial complexes, etc.).

Maternity benefits are established for them at the place of study and are paid in the amount of a scholarship.

In addition to the above, these categories of the unemployed (as well as, in general, all unemployed persons, not subject to compulsory social insurance in case of temporary disability and in connection with motherhood) in the bodies of social protection of the population relies.

The Maternity Leave Act regulates relations regarding maternity leave, childcare and maternity leave. Consider why this leave is called maternity leave, the very procedure for obtaining leave on the occasion of birth, its duration. Let's list the conditions under which maternity leave will be refused.

The parameters will also be indicated, on which the size of future maternity certificates and the time of their receipt depends. In addition, the household aspects of pregnancy leave will be touched upon, recommendations will be given on how best to spend this difficult time in the life of every woman.

It is interesting to touch on the history of the emergence of the phrase "maternity leave". In 1917, the decree for the first time established a leave for women for the period of preparation for pregnancy, for the time of childbirth and the recovery time after them. It was then that this vacation began to be called maternity leave. But such a name can not be found in any document or normative legal act.

About the duration of maternity leave

Article 255 of the Labor Code of the Russian Federation establishes the procedure for obtaining maternity leave. For vacation, pregnant women should prepare an application and go to a doctor at a specialized medical organization for a sheet of temporary disability.

The same provision of the Labor Code establishes the length of leave equal to 140 days, including 70 days before and after childbirth. Despite this condition, the main thing is to observe the total duration of the vacation. An employee who has walked 100 days before giving birth can qualify for 40 days after giving birth. A period of 140 days is the minimum possible.

And in what cases is maternity leave extended?

When multiple pregnancies are recorded. 14 days are added to the vacation.
When the birth was complicated. The vacation is extended by 16 days. Additionally, one more sick leave may be issued.
When more than 1 child was born. The vacation is extended by 40 days.

If several conditions are met, a case with a large overhead is taken into account.
Reduction of the term of the decree by order of the employer is not allowed. Only the employee himself can go to work before the end of the vacation. This situation is often observed if the woman's salary is significantly higher than the planned benefit.

Termination of pregnancy is a condition for shortening the vacation period. But even then, the worker takes a sick leave for the time it takes to recover. Minimum - 3 days.

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When maternity leave is not paid

Maternity leave is not paid for the following categories of workers:

Women registered as individual entrepreneurs. Exceptions are individual entrepreneurs who donate funds to the voluntary insurance fund.
Women who were fired due to the liquidation of the company. However, if they are registered at the local employment center, then their allowance will be 515 rubles.
Full-time students. Maternity allowances are paid to them at the place of study from the scholarship fund.

An employee who has worked for the last 2 years in several places, the payment of the decree is made from each place of work. The maternity allowance must be paid within 10 days from the date of submission of the required package of documents.

All employers are not required to pay child care allowance. The employee must independently identify one payer.

How is maternity leave calculated and who pays for it? Payment for maternity leave is regulated by federal law. You can find out about the nuances of calculating and paying these benefits from the corresponding federal law. To avoid abuse and to keep the rules up to date, the law is reviewed annually.

The social insurance fund pays the benefits for pregnant workers. The calculation of the amount of necessary benefits is made by the employer independently. Only he has complete information about payroll, vacations, absenteeism and other parameters required when calculating the amount of vacation pay. When calculating, they operate with a billing period, the level of average wages.

The settlement period is a set of fully worked calendar days when the payment of wages, taxes and other mandatory contributions was made. According to the new requirements, the last 2 years are taken into account. From this time it is necessary to subtract:

time of temporary disability;
all past vacations;
time off and absenteeism;
payment delay time.

According to federal law, the average daily wage is paid for each day of vacation. How is maternity leave calculated? All payments for 2 years should be summed up and divided by the number of working days for this period. Payments include:

wages;
bonuses and other incentives, if they were used to transfer funds to the social insurance fund;
material payments over 4 thousand rubles;
district adjustment factors.

Along with this, there are limits on the daily payment for the duration of pregnancy and childbirth. The latest data can be found in legislation.

Women who have worked at the workplace for less than 6 months, on the occasion of birth, are paid monthly an amount that does not exceed the minimum wage.

At the time of caring for a child, counting is done in a different way. The amount that is due to be paid every month is established by law. Working women are paid 40% of their average salary. The allowance is paid until the child is one and a half years old.

Not only the mother of the child can take a vacation. Fathers and grandparents are also given the opportunity to receive child care benefits. It is more correct to send a family member with the highest income on vacation.

If necessary, the employer must provide the husband with annual paid leave.

The period of being on maternity leave includes the total length of service. This follows from the fact that for this time a conclusion on temporary incapacity for work is issued. The Ministry of Labor issued a corresponding clarification letter in 2002.

In addition to the benefits listed above, every woman giving birth has the right to:

benefits on the occasion of the birth of a child, which amounts to 6 thousand rubles;
care allowance equal to 500 rubles.

The law on maternity leave should be known to every woman.

(or, as it is often called, "maternity") is one of the types of insurance coverage for compulsory social insurance. We will figure out to whom and in what amount the maternity payment is due, what is the duration and features of its receipt.

Payment of maternity benefits

It is important to understand that only women can count on maternity benefits (as opposed to childcare benefits). All categories of recipients of maternity benefits in 2019 are listed in No. 81-FZ dated 19.05.1995 "On State Benefits to Citizens with Children." These include women:

working

unemployed (dismissed in connection with the liquidation of organizations within 12 months preceding the day they were declared unemployed)

full-time students

under contract military service

adopting a child and related to the above categories

If a woman is simultaneously entitled to childcare allowance and maternity allowance, she can only choose one of these benefits.

Note: the maternity allowance in 2019 is paid only for the period of the leave of the same name. This means that if a woman does not use the right to the specified leave and continues to work (and, accordingly, receive wages), then she is not entitled to benefits. The employer in this situation is not entitled to provide a woman with two types of payments at once: both a salary and an allowance. Consequently, wages will be paid for the days of work. As soon as the woman decides to exercise the right to maternity leave and it is issued, the payment of wages will stop and the employer will calculate the allowance.

Maternity allowance paid at the place of work, service or other activity. Women who were dismissed in connection with the liquidation of an organization are paid benefits by the social security authorities at their place of residence (place of actual stay or actual residence).

Note: if the employee is a part-time employee and has worked for the same employers in the previous two years, then both employers pay her maternity allowance in 2019.

Maternity allowance paid.

Documents for receiving maternity benefits

The list of required documents is given in No. 255-FZ dated December 29, 2006 "On compulsory social insurance in case of temporary disability and in connection with motherhood." You will need:

application for the appointment of benefits (drawn up in a free form)

Maternity allowance paid to the insured woman in total for the entire vacation period.

The amount of the maternity allowance

The amount of maternity payments depends on the status of the recipient:

Working women receive benefits equal to 100% of average earnings

Dismissed in connection with the liquidation of the organization - in the amount of 300 rubles

Female students - in the amount of a scholarship

Contract servicemen - in the amount of monetary allowance

If the experience of the insured woman is less than six months, she can count on an allowance in the amount of no higher than the minimum wage (from January 1, 2019 - 11,280 rubles)

Calculation of maternity allowance

Since 2013, women are not given the right to choose the procedure for calculating benefits

Maternity allowance calculated on the basis of average earnings and does not depend on the length of service of the employee (as opposed to temporary disability benefits). For convenience, the calculation of the allowance can be presented in the form of the following diagram:

Maternity allowance 2019
equals

income for 2 calendar years
(previous year of the decree)
divide by
number of days in this period
multiply by
number of days of decree

Now about the nuances.

Firstly, the average earnings for each of the two calendar years must not exceed a certain maximum. This maximum is set - the maximum value of the base for calculating insurance contributions to the Social Insurance Fund for the corresponding year. In 2017, this amount was 755,000 rubles, in 2018 - 815,000 rubles. That is, when calculating for each year, you need to use the amount that is less.

Secondly, the value of the average daily earnings (that is, the quotient from dividing income for two years by the number of days) is now legislatively. The permissible maximum is determined as follows: we take the maximum bases for calculating contributions to the FSS for the two years preceding the decree, add up and divide the resulting amount by 730.

Thirdly, from the total number of calendar days in a biennium, the following should be excluded:

Periods of temporary disability, maternity leave, parental leave

The period of the employee's release from work with full or partial retention of wages, if insurance premiums were NOT accrued on the retained wages for this period

Fourth, if during the two years preceding the decree, the employee took maternity or childcare leave, then these periods, as we see, will be excluded from the calculations. However, the woman in this case is entitled to such periods (one year or both) of the previous year (two years), so that this would lead to an increase in the amount of maternity payments.