In addition, according to analysts, this measure of state support for families with children will have a negative impact on regional budgets: there will be no money left there. All this led to delays in considering this pressing issue for parents. We will look at what maternity leave will be like in 2016 in the article.
Decree
Maternity payments are government support for two-parent and single-parent families with children. The basis for calculating maternity payments is Federal Law-81 (Part 4), which sets out the procedure for calculations. The availability of wages is the criterion on the basis of which the amount of benefits is calculated, but not the right to receive it. Consequently, an unemployed woman has the right to receive payments. The duration of maternity leave is calculated as follows: 70 days before the onset of labor and the same amount after the birth of the child. After this period, the state pays one of the parents a child care allowance.
When calculating payments, accountants of enterprises or organizations are guided by Federal Law-216, which somewhat changed the accrual mechanism. The law defines the following accrual criteria:
- The age of the child - up to one and a half years old, a woman receives child benefits, after which their accrual ends.
- Length of work experience - if mom or dad worked for less than 6 months, then they should count on the minimum amount of government support. The legislator in this matter refers to the minimum wage indicator, which is in force in 2015. This is exactly how much (5965) parents will receive for their child if their work experience is less than 6 months.
- If a woman has not worked for the last couple of years, then the basis for the calculation is the minimum average salary. The calculation takes into account the last two years of work, but a woman or a man has the right to take a longer period of time for the calculation if the salary in that period was higher than the subsequent one.
All these provisions are taken into account by the accounting department of a state organization or commercial entity when calculating financial resources.
Maternity leave in 2017- the new law has introduced a number of changes to the procedure for its calculation and compensation. When calculating maternity benefits, limits are now used that have been changed not only since 2016. Read more in our article.
Changes 2016-2017
Since 2017, significant changes have been made to the legislation regarding the procedure for granting maternity leave (hereinafter referred to as Maternity Leave), including:
- Since 01/01/2017, contributions for payments for temporary disability and maternity (hereinafter referred to as VniM) are administered by the Federal Tax Service (Chapter 34 of the Tax Code of the Russian Federation, introduced by law dated 07/03/2016 No. 243-FZ).
- Modified (Order of the Ministry of Labor dated 01/09/2017 No. 1n).
- The forms of documents on the basis of which the Social Insurance Fund reimburses companies for the costs of paying social benefits have been changed.
- Increased to RUB 755,000. the maximum base value used for calculating insurance premiums for VNIM (Government Decree No. 1255 of November 29, 2016). The value of the limit base is compared with the insured person’s earnings for the year. If the amount of earnings exceeds the basic limit, then the value of the limit will be used to calculate the B&R benefit.
- From July 1, 2017, women on maternity leave can receive electronic certificates of incapacity from a doctor.
What conditions must be met, read the material.
Also, in the 2nd half of 2017, the minimum wage changed - from 07/01/2017 its size is 7,800 rubles. (Article 1 of Law dated December 19, 2016 No. 460-FZ). Accordingly, the minimum amount of sick leave payment has increased - for 140 days of maternity leave, a woman working at 1 pay rate will receive no less than 34,521.20 rubles if the sick leave was opened before 07/01/2017, and 35,901.37 rubles. - if the holiday under the accounting and labor regulations began after 07/01/2017.
- Since July 2017, 13 more regions have switched to direct payment of benefits, for a total of 33 regions now participating in the Social Insurance Fund, and a complete transition to the new system is planned before the end of 2019 (Government Decree No. 1427 dated December 22, 2016).
Since 2016 the values have been increased:
- the limit used for calculating insurance contributions to the Social Insurance Fund for disability and maternity is up to 718,000 rubles. (Resolution of the Government of the Russian Federation dated November 26, 2015 No. 1265);
- The minimum wage, which determines the calculation of benefits for low earnings, is up to 6,204 rubles/month. from 01/01/2016 (law of 12/14/2015 No. 376-FZ) and up to 7,500 rubles/month. from 01.07.2016 (law of 02.06.2016 No. 164-FZ).
In other aspects, the calculation of maternity benefits in 2017 remained the same as in 2016.
What does the Labor Code say about maternity leave?
B&R leave is also often called maternity leave. According to Art. 255 of the Labor Code of the Russian Federation, the right to maternity leave in 2017 becomes available to an employee 70 days before the expected date of delivery (determined based on the results of an ultrasound examination).
In order to go on leave under the BiR, a maternity leave must provide the employer with sick leave, issued by a medical institution at the 30th week of a singleton pregnancy and at the 28th, when the birth of 2 or more children is expected.
How long does maternity leave usually last under the Labor Code of the Russian Federation?
In order to figure out how many days of maternity leave pregnant employees are most often entitled to, it is enough to read the already mentioned article. 255 TK. The minimum length of leave is 140 days.
How long is maternity leave for complications?
If the delivery was accompanied by various types of complications, the maternity leave will be extended by 16 days. The list of situations in which childbirth must be considered complicated is given in the instructions of the Ministry of Health of the Russian Federation dated April 23, 1997 No. 01-97.
If the child was born before the 30th week, the maternity leave is entitled to 156 days of leave under the BiR. This is stated in paragraph 49 of the order of the Ministry of Health of the Russian Federation dated June 29, 2011 No. 624n.
How many days of maternity leave does a woman expecting twins get?
The duration of maternity leave, if the birth of 2-3 or more babies is expected, increases by 54 days and amounts to 194 days.
Number of days of maternity leave: table
This table will help you quickly determine how long maternity leave can last in various situations:
|
Description of the situation |
Prenatal, days |
Postpartum, days |
Total vacation according to accounting, days |
|
Expecting 1 child, uncomplicated delivery |
|||
|
Expecting 2 or more children |
|||
|
Multiple pregnancy |
|||
|
1 child was expected, the birth was complicated |
|||
|
Expected 2 or more children, complicated birth |
|||
|
Premature birth (22-30 weeks) |
|||
|
A woman living in a radioactively contaminated area is expecting 1 child |
|||
|
Complicated childbirth in a woman living in a radioactively contaminated area |
Maternity leave for military personnel
Labor and employment leave is provided to contract women on the basis of Art. 32 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237. The conditions for processing maternity leave are identical to those prescribed in the Labor Code of the Russian Federation.
Do not forget about the need to maintain military records if there are citizens liable for military service on the staff.
Can the period of maternity leave be reduced?
In a situation where an employee decides to go on maternity leave after the 30th (28th) week, her leave will not be extended by the number of days not taken off before giving birth. Thus, she herself will deprive herself of the right to be on vacation for the entire period provided for by labor legislation (clause 46 of order No. 624n).
Find out more in the social insurance explanations.
Read about what to do if your regular leave and maternity leave coincide. .
Providing maternity leave upon adoption
If an employee adopts a child under the age of 3 months, she receives the right to postnatal leave of 70 and 110 days from the date of birth of 1 or 2 or more children, respectively (clause 53 of order No. 624n).
Can the duration of maternity leave be increased in case of illness?
If an employee is on leave for labor and labor purposes, she is not given sick leave (clause 40 of order No. 624n).
Maternity leave period and insurance period
In accordance with sub. 2 p. 1 art. 12 of the Law “On Insurance Pensions” dated December 28, 2013 No. 400-FZ, vacation under the BiR (as an insured event for temporary disability) is counted towards the insurance period.
Grounds for maternity leave
There should be no difficulties with how to apply for maternity leave if you have the appropriate certificate of incapacity for work.
Documents for maternity leave
Registration of maternity leave begins with receiving a certificate of incapacity for work.
The legal requirements for sick leave are listed in the article.
The list of documents that must be submitted to apply for vacation is contained in Art. 255 Labor Code of the Russian Federation. This is a statement and sick leave.
How to place an order for maternity leave?
The question often arises: is it necessary to formalize maternity leave by order? According to Art. 255 of the Labor Code of the Russian Federation, maternity days are precisely vacation, and not a period of temporary disability. And according to the resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1, vacation registration is carried out on the basis of an order.
In addition, a pregnant employee who has already taken sick leave can continue to work for some time and go on leave under the Labor and Employment Policy a little later. In this case, she will write a statement, and the employer must consider it and issue an order.
Read about how time for such work is paid in the article. .
You can download the vacation order form in form T-6 on our website.
Where can I find a sample order for maternity leave?
You can also download a sample of a completed order for granting leave under the BiR on our website.
A maternity leaver can receive benefits from all employers for whom she has worked for the last 2 years and continues to work at the time of the insured event (Clause 2, Article 13 of Law No. 255-FZ).
Maternity benefits are calculated based on the employee’s average earnings received over the last 2 calendar years.
If the average earnings over the last 2 years for various reasons (for example, due to periods of lack of earnings) are small (per month less than the minimum wage), then the benefit will be paid in the amount of the minimum wage.
Calculation of maternity benefits: formula
The formula for calculating maternity benefits is as follows:
RPd = (Total salary for 2 years / (730 (731) - PI)) × Ddo,
where: RPd - the amount of the B&R benefit;
General charge for 2 years - total earnings for the last 2 calendar years;
730 — total days in 2 years;
IMPORTANT! If a maternity leaver has written an application to change years, then the number of days in the billing period can be 731 (leap year + non-leap year) or 732 (2 leap years).
PI - periods that are excluded from the calculation (illness, parental leave, labor and employment leave, release from work with retention of wages without accrual of insurance premiums);
Ddo - duration of leave according to the BiR.
You will find an example of calculating payments for BiR in the material.
How is maternity leave paid?
The benefits are assigned within 10 days from the date of writing the application, and payment for maternity leave is made on the next day of payment of wages (Clause 1, Article 15 of Law No. 255-FZ).
If at the time of the insured event (pregnancy) the insured person works for several employers, and for the previous 2 years she received wages from others, she can apply for benefits from 1 of the last employers of her choice (clause 2.1 of Article 13 of Law No. 255-FZ).
Since 2015, foreigners who are currently staying in Russia on a temporary basis have also received the right to receive maternity leave. The main condition for the payment of benefits under the BiR is the payment by employers of insurance premiums for such persons for at least six months before the occurrence of the insured event (Article 2 of Law No. 407-FZ dated December 1, 2014).
You will learn about the taxation of maternity payments from our article .
How much do military personnel get paid on maternity leave?
The benefit is assigned to military personnel in the amount of their monetary allowance (paragraph 4, article 8 of the law “On state benefits for citizens with children” dated May 19, 1995 No. 81-FZ).
Payment of maternity leave upon liquidation of an employer
To understand how maternity leave is paid for women dismissed due to the liquidation of their employer, you should study Art. 8 of Law No. 81-FZ. In para. 2 of this article indicates the amount - 300 rubles. excluding indexation. This type of benefit is subject to indexation in accordance with Art. 4.2 of Law No. 81-FZ. From 02/01/2017, the amount of this benefit is 613.14 rubles/month. Benefits for women on maternity leave laid off due to the liquidation of an employer are paid by the social protection authorities. In this case, documents for the appointment of maternity benefits must be submitted within 12 months from the date the woman was declared unemployed.
Payments during maternity leave for students
Payment for maternity leave for a full-time student is made at the level of her scholarship (paragraph 3, article 8 of law No. 81-FZ).
Results
When talking about the new law on maternity leave in 2016-2017, they do not mean the changed procedure for processing payments under the BiR, but rather the indexation of some amounts involved in their calculation. In general, the rules for registering leave and calculating maternity pay in 2016-2017 remained virtually unchanged. But the format for providing a certificate of incapacity for work has been modified - since July 2017 it can be received in electronic form.
Almost every officially employed woman sooner or later goes on maternity leave during pregnancy. In this regard, young mothers, as a rule, have a number of questions related to the appointment and receipt of required payments, as well as regarding the duration of leave entitled to a woman to care for a child. In addition, there are such important problems as early exit from it and the possibility of maintaining benefits at the same time. How long is maternity leave and is it possible to reduce or increase it in any way?
What it is
The Labor Code of the Russian Federation does not contain such a concept, but at the same time it spells out such concepts as maternity leave or child care leave. These are exactly what maternity leave consists of, which every woman can go on. Actually, maternity leave lasts for about 4 months, and a young mother can go on it 2 months before the expected date of birth. The basis for it is a sick leave certificate, which is issued by the medical institution where the woman is registered, and the employer must pay for it. In addition, only the expectant mother can apply for maternity leave.
As for parental leave, it can be taken out by both the mother and father or other relatives who actually care for the baby. In order to receive it, you need to write an application addressed to the manager at your place of work. Let's talk about each case in more detail.
Maternity leave in 2019
Actually, this is where maternity leave begins. Most often, women go into it after reaching 30 weeks of pregnancy. However, there are exceptions everywhere, in particular, women who are expecting twins, triplets, etc., as well as young mothers living in regions contaminated with radioactive emissions since the disasters at the Chernobyl nuclear power plant and the Mayak plant, can leave earlier. Thus, according to Article 255 of the Labor Code of the Russian Federation, each case counts on the following vacation periods:
- In an ordinary pregnancy, which proceeds without serious pathologies, the mother can go on maternity leave for 140 days (70 days before birth, 70 after).
- If several children are expected to be born at once, the legal leave will be 194 days (84 days before birth, 110 after).
- If any complications arise during childbirth, the leave will be extended to 156 days.
As for exceptional cases, the law now provides for two such cases. In particular:
- if the birth took place before the maternity period (30 weeks), the law requires a rest period of 156 days from the moment the baby is born;
- If a young mother lives in radiation-contaminated areas, she will go on maternity leave for 160 days.
Holiday to care for the child
As soon as the sick leave ends, the next type of leave begins: child care. It can be taken not only by the mother, but also by the father or any other relative who is directly involved with the baby. To do this, you need to write a corresponding application addressed to the employer.
Actually, you can stay on such maternity leave for up to 36 months. However, it should be remembered that paid leave accounts for only 18 of them. It is possible to receive funds before the child reaches 3 years of age, but this right is given to families very rarely. This privilege is given to families by the administration of some regions of the Russian Federation, and low-income families who are giving birth to their third and subsequent children also resort to this opportunity.
Some people are confident that they can receive maternity leave to care for a child even up to 6 years old. In their opinion, parents of frequently ill children are given this right. Moreover, some people believe that such leave is provided even before the minor reaches 14 years of age if he is disabled. However, all these opinions are wrong. According to labor laws, parents of a disabled person can obtain four additional days off per month (while maintaining their salary), and there is also the opportunity to receive up to two weeks of additional leave. However, no additional terms are added to the maternity leave in such cases.
Extension or reduction of vacation
Anything happens in our lives, and for this reason we may need to extend maternity leave or reduce it. In fact, no one obliges a woman to go on maternity leave, but it should be remembered that in this case maternity benefits will not be awarded. You can go on maternity leave later, since sick leave is issued in accordance with the legal period of pregnancy (30 weeks).
In addition, you can reduce your vacation while maintaining benefits by going to work part-time. If you intend to completely interrupt your maternity leave, you must contact your employer with a statement. In fact, you have the right to both end maternity leave and go on maternity leave again. According to the law, you can do this as many times as you need.
Every pregnant woman who has a job has the right to take maternity leave.
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- To obtain it, you must visit a public or private clinic and undergo an examination by a gynecologist at the antenatal clinic.
- He fills out a certificate of incapacity for work. It is important that the doctor cannot make mistakes during registration - otherwise the document will not be accepted for consideration by the Social Insurance Fund employees.
- The second part of the form is filled out by the employer. He is allowed to make no more than two mistakes, and corrections must be made in a certain order on the back of the sheet.
The certificate of incapacity for work is valid for six months. It is recommended that you submit it for consideration to the employer immediately to officially confirm your absence from work.
While an employee is on maternity leave, she cannot be fired, demoted, or transferred to a place of work with worse working conditions. Otherwise, he will be held accountable.
When drawing up an application for the appointment of maternity leave, it is important to indicate the full name and position of the manager to whom the document is sent for consideration, as well as your own full name and position.
Do not forget about the mandatory details, which include the date of submission for consideration and signature.
Required documents
The documents required to apply for maternity leave include:
- certificate of incapacity for work;
- certificate of salary for the previous two years of work;
- a statement drawn up in any form, following a certain structure.
According to Articles 255 and 256 of the Labor Code of the Russian Federation, maternity leave and related payments are due to women:
- female workers of enterprises(including emergency situations);
- students of educational institutions: higher and secondary specialized;
- military personnel;
- dismissed due to the termination of the enterprise's activities and registered with the regional employment center (CEC).
The Labor Code of the Russian Federation determines the duration of this leave as follows:
Beginning of maternity leave related to pregnancy and childbirth strictly determined by sick leave. In case of a single pregnancy, a certificate of incapacity for work is issued at the 30th week, in case of a multiple pregnancy – at the 28th week. Note that unforeseen circumstances, such as premature birth or, conversely, delay of birth do not give the right to change the start date or duration of vacation. In such a situation, you need to open a second sick leave, and also write a statement about the need for additional leave.
Maternity leave involves material compensation in the form of a one-time insurance payment in the amount of the woman’s full average monthly earnings for the previous 2 years. The amount of such compensation should in no way be lower than the average monthly salary of a pregnant woman and, moreover, it cannot fall below the minimum wage, which in 2016 is 6,204 rubles. If a pregnant woman works simultaneously in several organizations, then every employer must provide a woman with leave and pay benefits subject to presentation of an application and sick leave certificate.
If the expectant mother is registered at the antenatal clinic no later than the 12th week of pregnancy, then she an additional one-time benefit is provided– 581.73 rub. (amount for 2016). To receive such a payment, you must present the employer with a certificate from a medical institution confirming this fact.
- certificate of incapacity for work;
- certificate from a medical institution, confirming that the pregnant woman was registered earlier than the 12th week of pregnancy - if any;
- personal statement from a pregnant woman to her employer;
- certificate of total salary for the previous year;
- identity documents;
- (account or card number).
Holiday to care for the child
As soon as maternity leave comes to an end, the new mother (or father) is entitled to parental leave, which involves 2 more types of compensation. Maternity payments in 2016 for such leave are as follows:
- child birth benefit– is paid as a lump sum and in 2016 amounts to 15,512.65 rubles;
- child care allowance– 40% of the average monthly salary during the two working years preceding maternity leave. From 02/01/2016 the minimum monthly payment is 2908.62 rubles. (5817.24 rubles for the second and subsequent children), the maximum possible monthly payment amount is 21554.85 rubles. Despite the fact that a woman who has given birth has the right to take maternity leave for a period of 3 years, monthly compensation will be paid to her only until the baby reaches the age of one and a half years.
List of required documents:
- passport or other documents capable of confirming the identity of the applicant;
- photocopy of birth certificate along with the original for verification;
- bank details for transferring payments;
- application from a person applying for leave and benefits.
These documents are presented directly to the employer or to the Social Insurance Fund, if the region participates in the Direct Payments program.
Maternity payments in 2016 - summary table
If we bring together all possible maternity payments in 2016, we get the following table:
