Maternity leave(B&R, in common parlance it’s just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.

Right to maternity leave enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social insurance benefits.

• Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
• Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.

A special feature of maternity leave in Russia is that it can be taken out by: only woman.

• Sometimes they write or say that dad can be put on maternity leave. This implies Holiday to care for the child, but not according to BiR.
• According to Art. 123 of the Labor Code of the Russian Federation, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid vacation.

New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for fixed-term employment contract. If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now a woman is provided with the law postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).

How many weeks does it take to register?

The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.

In some cases, they are installed other deadlines registration of maternity leave:

• 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
• 28 weeks - for multiple pregnancy.
• If a woman has premature birth between 22 and 30 weeks - from the day of birth.

An obstetrician-gynecologist does not have the right to open a sick leave later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.

In particular, it may be in the interests of a woman to postpone the start date of maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.

How many days does it take by law?

According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as others regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.

• Holiday according to the BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
• If the child is born earlier, the woman will still be provided with total number of days maternity leave.

Below is the duration of labor and labor leave before and after childbirth for different categories of women.

Maternity leave table

Conditions	Duration of maternity leave in days
	Before giving birth	After childbirth	Total
Normal course of pregnancy and childbirth	70	70	140
The same for women living or working in areas contaminated after the Chernobyl accident, the Mayak plant or the dumping of waste into the river. Techa (hereinafter - in the contaminated area)	90	70	160
Normal pregnancy, complicated childbirth	70	86	156
The same for women living or working in the territory of the “Chernobyl zone”	90	86	176
Preterm birth (between 22 and 30 obstetric weeks)	0	156	156
Multiple pregnancy diagnosed before 30 weeks	84	110	194
Multiple pregnancy diagnosed at birth	70	124	194

For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.

For woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:

• Vacation begins to count from the day on which judgment the adoption will come into force.
• Maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).

Registration of maternity leave

To go on maternity leave, a pregnant woman must provide her employer with sick leave from an obstetrician-gynecologist and write statement about your desire to take leave under the BiR. It is important for the employee herself to take maternity leave for two reasons:

• to receive financial assistance benefits;
• to follow her job was saved for the duration of maternity leave, as well as subsequent child care up to 3 years.

In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains with the organization).

The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be postponed to a later date, but will be shortened, since it will end no later than the date indicated on the sick leave.

Maternity sick leave

A certificate of incapacity for work is issued on official letterhead, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is completed in medical institution , second (for calculating maternity benefit) - employer women.

Basic requirements for filling out sick leave (applicable to both the doctor and the employer):

• The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
• Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
• Any blots, cross-outs and mistakes are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
• The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
• If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on the line, it is simply interrupted in the last cell.

The employer must carefully check the correctness of filling out the sick leave, because the Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits according to the BiR.

• If an error is detected, the certificate of incapacity for work is returned to the woman, who must re-apply to the medical institution for a new document.
• An incorrect name of the insured organization is not considered an error, because the FSS can recognize it by its registration number.

Application for maternity leave

The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some information must be included in the document. These include:

• Details of the organization, full name of the head.
• Full name of the employee without abbreviations (you can also indicate your position).
• Details of the identity document.
• Information about the place of registration and residence.
• Please provide leave according to the BiR.
• Request to pay maternity benefits and lump sum allowance when registering in the early stages of pregnancy (optional).
• Desired method of receiving benefits, card details.
• Number and date of sick leave according to BiR.
• The employee’s signature, surname and date of filling out the application.

Staying on maternity leave is the basis for granting a woman maternity benefits. In this case, most often one combined application is filled out - both for vacation and for sick leave payments for it.

Order for maternity leave

After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.

The order must contain the following information:

• name of the insured organization;
• date and document number;
• Full name of the employee, personnel number, name of her position and structural unit;
• type of leave (maternity leave);
• grounds for granting a maternity leave;
• start and end dates of vacation, its duration;
• Full name of the head of the organization, his signature.

Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.

Based on the order, data on the maternity leave is entered into personal card(Form No. T-2) employees. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).

How is maternity leave paid?

Vacation leave is paid in full, from the first to the last day. The benefit is transferred at one time on the woman's account for the entire period.

The main criteria for calculating payment for maternity leave:

1. For each full month of maternity leave, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
2. With very little or no earnings, as well as with work experience in the organization of up to 6 months. calculation and payment are made according to the current minimum wage (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
3. Maximum size payments are regulated using bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.

If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.

Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. IN otherwise a woman may need to prove her right to B&R benefits in court.

Maternity leave calculation

Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project "Direct payments") according to the established method. The following data is taken into account:

• A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
• Length of the billing period (in 2016-2017 - 731 days).
• The number of days that “fall out” from the calculation period due to sick leave, parental leave, etc.

Maternity leave is calculated in the following sequence:

• the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
• is the average daily earnings ( total income for two years divided by the number of days calculated in the previous paragraph);
• The size of the lump sum payment is determined (average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).

The amount of the benefit must fit within certain limits. In 2018, for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (based on RUB 9,489 for each full month), maximum- RUB 282,106.70

Online FSS calculator

An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.

You need to fill out the fields carefully:

• Type of disability (pregnancy and childbirth).
• Enter the dates of the period of incapacity indicated on the sick leave.
• If a woman has been on maternity leave for two past calculation years, she can replace the calculation years.
• In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other billing period), the number of days excluded from the calculation, carefully check the boxes.
• You can pay attention to the column “Work experience” only if the length of service does not exceed six months in a given organization.

Payment for maternity leave

Payment of maternity leave is made from the Social Insurance Fund (SIF). IN general case the process occurs in the following sequence:

• Woman writes a statement to the employer for maternity leave and benefits.
• The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
• A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
• The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for the payment by reducing the insurance premiums payable and/or paying compensation.
• In some constituent entities of the Russian Federation, where the “Direct Payments” project operates, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.

Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.

Conclusion

Maternity leave (maternity leave) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic, provide it to the employer (educational institution, place of service) and write a leave application.

The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.

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Classmates

Maternity leave is a long-awaited moment that the expectant mother looks forward to. It is pleasant not only because it allows you to relax and gain strength before the birth of your baby. But also because of receiving a good amount of maternity payments.

Take advantage and find out the amount of maternity benefits.

Why is it important to calculate your maternity leave date?

Everyone wants to know their expected due date. But the dates of maternity leave are of no less interest.

There are 3 reasons for this interest:

• I just want to know so that I can plan my time in a timely manner.
• Know by what day the workplace needs to be prepared for the successor or successor, and put the documents in order.
• Plan your annual leave in advance just before your maternity leave.

That is, you take 2-4 weeks of annual leave and immediately after it go on maternity leave. Thus, you will go on maternity leave not at 30 weeks of pregnancy, but at 26-28 weeks.

Maternity leave: how long does it last?

Pregnant women who are officially employed want to know how many days maternity leave lasts. In the standard case, when the pregnancy is progressing well and is singleton, maternity leave is 140 days. In some cases it comes up to 194 days.

1. A typical singleton pregnancy lasts 140 days.
2. Complication of a pregnant woman’s working conditions due to a polluted and dangerous environment – ​​160-176 days.
3. Singleton pregnancy with complications – 156 days.
4. Multiple pregnancy - 194 days.

How to calculate the date of maternity leave

Calculation is carried out according to the formula: 30 weeks of pregnancy are added to the date of the first day of the last menstruation (obstetric weeks). You can go on maternity leave earlier if you take annual leave right before going on maternity leave (if you did not take it earlier in the current year). Then the pregnant woman will go on maternity leave at 26-28 weeks.

If you don’t know when to go on maternity leave, then an online calculator will help you quickly and easily calculate your maternity leave date.

How to use the maternity leave calculator

Calculating maternity leave using our calculator is very simple. To do this, enter the date of the first day of your last menstruation and the number of days due annual leave, if you take it before going on maternity leave.

Maternity benefit (M&B) is generally equal to average earnings. In this regard, the calculation is carried out only for working women and military personnel (paid in the amount monetary allowance). For non-working mothers (laid off due to layoffs, students), the amount of payment is equal to a fixed amount established by law for each year, taking into account annual indexation.

The BIR allowance is lump sum payment . In addition to the amount of earnings, the final amount of the benefit is influenced by several other factors: the duration of sick leave according to the BiR, the number of non-working days during the billing period due to temporary disability and other components.

The procedure for calculating maternity sick leave and employment benefits is regulated Federal law No. 255-FZ dated December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”.

Procedure for calculating sick leave for pregnancy and childbirth

In 2017, the principle for calculating maternity benefits did not change compared to previous years. The calculation is still going on for two previous calendar years, however, compared to previous periods, the following values ​​change:

• billing period- in 2017 this is 2015-2016.
• the minimum payment amount is due to the increase in the minimum wage from July 1, 2017;
• the maximum benefit amount is based on changes in the base for calculating insurance contributions to the Social Insurance Fund.

The amount of payment is determined by a simple formula after submitting a certificate of incapacity for work (sick leave) for pregnancy and childbirth to the accounting department. If a woman works part-time for at least two years, the benefit for each job is calculated separately and independently of each other.

Formula for determining the amount of payments

The amount of maternity benefit (P) can be calculated using the following formula:

P = SDZ × T,

• SDZ— average daily earnings for the billing period (calculated using an additional formula);
• T- the number of days of maternity leave (taken from sick leave provided at the destination of the payment - i.e. to the employer).

To calculate benefits, it is important to correctly determine average daily earnings(SDZ). It is equal to:

SDZ = SZ / Day,

• NW- total earnings for the entire billing period, when calculated in 2016 - average wage for 2014 and 2015, from which the employer paid insurance premiums (i.e., all “white” wages, which are taken by the employer from form 2-NDFL);
• Day— the number of calendar days in the billing period.

Billing period always assumed to be equal two full calendar years before going on maternity leave.

• Its duration Day = 730 days in the general case, and 731 days, if one of the billing years turns out to be a leap year (for those who are going on vacation according to the BiR in 2016, the billing years will be 2014 and 2015 - they are not leap years, which means the billing period will be 730 days).
• From this value, if necessary, you need to subtract the number of days on sick leave and on previous maternity leave during the indicated years, if any (the so-called "exception periods").
• During this period it is taken into account total income of SZ.

Attention

If necessary, a woman can replace one or both years with earlier ones (for example, 2013 and 2012), provided that her average earnings will increase after replacement. Replacement is permitted only if the woman was on maternity leave and/or on maternity leave in at least one of the two previous calendar years.

The influence of a woman's insurance experience

The length of the woman’s insurance period itself does not affect the fact of benefit accrual. Even future mom If she worked under an employment contract for only a few days before going on maternity leave, she will receive a B&R benefit from the insurance premiums paid for previous years of work (or rather, from the equivalent “white” salary received).

The amount of the benefit does not depend on the employee’s length of insurance (unlike other payments for temporary disability) - but only on the condition that work experience exceeds six months.

• At insurance experience up to 6 months maternity benefits are accrued in the amount 100% of average salary.
• If the work experience is less than 6 months, the B&R benefit will be calculated based on the minimum wage(RUB 7,500 after 07/01/2016).

Foreign citizens who work in Russian companies are accrued in the same way according to the legislation of the Russian Federation.

How many sick days are paid?

According to Russian legislation, depending on the characteristics of pregnancy and childbirth, maternity leave can last:

• 140 days - during normal pregnancy (based on 70 days before and 70 after birth);
• 156 days - in case of complications during childbirth (70 - before and 86 - after, a second sick leave is issued for 16 additional days);
• 194 days - for multiple pregnancy (84 days before birth and 110 after).

When going on maternity leave, all days of sick leave are paid at a time - from the first to the last. According to the law, after the end of maternity leave, a woman can immediately go on maternity leave. If a woman is in no hurry to go on maternity leave and continues to work after 30 weeks of pregnancy, then her benefit will be calculated in a reduced amount.

It is a fairly compact instrument. On the tab "LN details"(meaning a certificate of incapacity for work) you need to fill out the following fields:

• Dates of sick leave (from which date to which date).
• In the column "Type of disability" choose "Pregnancy and childbirth".
• If necessary, check the box next to it “Employee’s application to change the years of accounting for earnings”(the column is used in cases where the employee had no earnings or was small for the accounting years due to a previous maternity leave).

On the tab "Calculation conditions" the required fields are also filled in. For parameter "Experience" Several values ​​are given here, because the same calculator is used to calculate regular sick leave (for example, sick leave for caring for a sick child). You need to indicate the most appropriate length of service.

Attention

After carefully filling out all the fields, you can click the button "Calculate". If the initial information was entered correctly, then the amount of the payment will correspond to what the accounting department at the enterprise calculated (also, as a rule, using specialized programs).

An example of calculating maternity benefits in 2016

Practical examples will help you understand the intricacies of calculating benefits, calculating the average salary and deducting days spent on sick leave.

Here it should be said in advance that if out of two calculation years a woman did not work at all for some time, then earnings are taken into account only for the time actually worked.
Photo pixabay.com

From average earnings

Regardless of what date a woman goes on maternity leave in 2016, she will receive benefits at same size. Let's look at an example.

Employee A. has been working at the enterprise since October 1, 2013. She was given maternity leave from December 23, 2015. If she goes on maternity leave from this date, the calculated years will be 2013 and 2014. At the same time, A.’s monthly earnings in 2013-2015. was 35,000 rubles, for part of 2013 (until September inclusive) she did not receive a salary. Over the years she has not been on sick leave or maternity leave.

Then the size of maternity leave during normal childbirth will be equal to:

140 days × (15 × 35,000 rub.) / 730 days = RUB 100,684.93

Moreover, the salary for 2014 (12 × 35,000 rubles = 420,000 rubles) does not exceed the size of the insurance base (624,000 rubles in 2014).

Attention

However, it is much more profitable for A. to go on maternity leave from January 2, 2016, since in this case her salary for the fully worked year 2015 will be taken into account.

For example, employee N. went on maternity leave for the first time in 2014. The calculation years for calculating benefits under the BiR were 2012 and 2013.

Attention

When leaving for a second maternity leave from unfinished maternity leave in 2016, she should have used 2014 and 2015 as the estimated years, but during this period of time she had no income. What to do in this situation?

When going from maternity leave to maternity leave for the previous two years, a woman usually has no income. Periods of being on a previous maternity leave are excluded - during this period of time the mother receives nothing. To increase the estimated earnings, a woman is given the right to replace one or both calculation years.

Then N. can do the following:

• submit an application at your place of work to terminate parental leave;
• immediately write an application for granting her maternity leave (if she has a sick leave certificate);
• the payment under the BiR will be calculated by N. also using 2012 and 2013, as for the first decree (after all, only in these years did she have earnings from all previous years);
• calculation of maternity benefits is carried out according to the usual principle (see examples above);
• when calculating the size of the monthly child care payment (40% of the salary) after the end of maternity leave, the years 2012-2013 will also be used again.

Conclusion

Maternity benefits are calculated based on sick leave, filled out by the antenatal clinic doctor. The benefit amount is equal to 100% of the average salary for the two previous calendar years. This takes into account the number of days spent on sick leave over the years and other data.

Attention

The B&R benefit is calculated for all women working under an employment contract. Other categories of persons (mothers dismissed due to the liquidation of the organization, or students) are paid according to different rules - in a fixed amount.

The calculated benefit in 2016 cannot be less minimum value:

• RUB 28,555.40 when going on leave according to the BiR between 01/01/2016-06/30/2016;
• RUB 34,520.55 when going on maternity leave between 07/01/2016-12/31/2016

If, according to the calculation, the payment is greater than the possible maximum in 2016 (256,027.40 rubles for 140 days of sick leave), then the benefit is reduced to the stipulated maximum

With low earnings or less than 6 months of experience. the B&R benefit is calculated based on the current minimum wage. A woman whose earnings for the accounting years were insignificant due to being on a previous maternity leave are allowed to change the years to those during which her wages were accrued.

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In November 1917, the Council of People's Commissars of the RSFSR adopted the Decree “On Maternity Benefits.” Since then, the period when a woman prepares for motherhood and cares for a newborn is popularly called maternity leave, or maternity leave.

From a legal point of view, the decree is divided into:

1. Maternity leave (can only be taken by the expectant mother).
2. 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 Security 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 of social support, the state guarantees working women the right to maternity leave (MALE).

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 maternal capital at the birth of the second child and subsequent ones).

1. The allowance for early registration is 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.
2. 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.
3. 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, the employer cannot terminate 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.

Maternity leave is a social leave that includes part of a certain period of pregnancy and the time after childbirth. Conventionally, it is divided into two parts: 70 days before childbirth and 70 days during the postpartum period, subject to the normal course of pregnancy and childbirth. On the sick leave, maternity leave is not divided into parts, writing it out for the entire 140 days.

Payments are made at the next salary. This is due to the fact that it is extremely difficult to predict the exact date of birth.

Date of departure and period of maternity leave according to law

There is no term “maternity leave” in the legislation; that’s how it is called in the old fashioned way. Maternity leave is named after the document “Decree on the Payment of Maternity Benefits,” according to which this benefit began to be paid in 1917. This period is correctly called maternity leave. Terms of social leave regulated by the Labor Code of the Russian Federation and Law No. 255 of December 29, 2006 (Chapter 3).

During the normal course of pregnancy and childbirth, the total number of vacation days should be no more than 140 days. In this case, the figure before and after childbirth can be changed up or down while maintaining the total number of days. The date of departure for this social leave is considered to be the date of issue of maternity sick leave. Benefits will be calculated based on this document.

According to the law, the period of social leave can be increased in the following cases:

• if pregnancy and childbirth are complicated, for example, a caesarean section was performed (total number - 156 days);
• a multiple pregnancy (two babies or more) was detected before birth - a total of 194 days;
• 2 or more babies were born without detection of multiple pregnancies - a total of 194 days;
• 2 or more newborns under the age of 3 months were adopted.

Sick leave is issued from the 30th week of pregnancy in the standard case, from the 28th week in case of multiple pregnancy. But the exact date of issue of sick leave depends on several factors: the expected date of birth according to the first ultrasound (12 weeks), the second ultrasound (20-21 weeks) and the gestational age according to menstruation are taken into account. All three dates may not coincide; the average value is displayed.

Procedure for calculating maternity leave in 2019

According to the law, maternity leave is provided not only to pregnant women, but also to adoptive parents of children under three months old. The adoptive parent receives sick leave from the date of adoption for the remaining number of days. The benefit according to the document is paid in full, without reference to length of service. For the calculation, use the amount of income for 2 years from the date of issue of the document.

It should be remembered that pregnant women who do not have official work, not a full-time student educational institution and are not registered with the employment center, benefits are not paid during maternity leave. In these cases, in order to receive payments, it is necessary to submit a maternity sick leave certificate from the employment center or from the place of study. The benefit can be issued either from the moment the certificate is issued, or after the birth, but only within six months after the date of birth, no later.

When calculating payments, it is necessary to take into account the salary limit of the corresponding billing period established by law. The minimum and maximum allowable size is checked. If a maternity leaver’s income for the entire month of work is less than the permissible amount, the minimum wage rate is taken into account; if it is higher, the maximum allowable amount is taken into account. In 2016, the limit for the year was 670 thousand rubles, in 2017 - 755 thousand rubles, in 2018 - 815 thousand rubles

You can reduce the period of maternity leave only at your own request. Maternity leave can be reduced according to the law only in certain cases:

• if the child died before the age of 6 days;
• if the pregnancy is terminated for medical reasons during maternity leave.

In this case, it is necessary to leave part of the recovery period, the minimum period is 3 days. The used part of the vacation is not taken into account.

If an employee works during maternity leave, then wages will be accrued for the entire period of work. The benefit is paid for the remaining days of maternity leave from the date of actual registration of the maternity leave upon application. If the amount of income in terms of a full working month is less than the minimum wage, the payment is calculated from the minimum wage, which in 2019 is 11,280 rubles.

If the person on maternity leave is with a child under 1.5-3 years old when applying for sick leave, then this period is not included in the calculation. The employee has the right, upon application, to replace it with other years at his own discretion. If the income was lower than allowed, the minimum wage is used, and benefits for up to 1.5 years during this period are paid in a fixed amount.

Algorithm for calculating maternity payments

First, the income is calculated (the total amount with bonuses, allowances and other payments) for the previous two years from the date of maternity leave, for example, the period from October 15, 2017 to October 14, 2018.

The resulting number is divided by 730 days in a regular year, by 731 in a leap year. At the same time, in this period the following are omitted:

• non-working period;
• periods of sick leave;
• absenteeism and time off;
• tariff holidays;
• periods without pay;
• periods when earnings are not paid in full or according to the average value.

If there are such periods, the remaining number of days is taken into account, for example, 530 or 100. We received the average income for 1 day.

This amount is multiplied by the number of days of maternity leave. The calculation includes all days from social leave.

Formula for calculating maternity benefits according to the minimum wage:

Minimum earnings = minimum wage × 24:730, Where

• Minimum wage — minimum bid taking into account all regional coefficients and surcharges on the date of issue of the sheet;
• 24 is the number of months in a given period;
• 730 is the number of days in a given period (731 for a leap year).

For 2019, the minimum will be 51,918.90 rubles. Calculation: (11280 x 24)/730 x 140

In case of complications and the birth of several children without prior medical confirmation of a multiple pregnancy, the sick leave consists of two parts: the first part is standard, issued for 140 days, and the second is additional - for the rest according to the law. The billing period is the same. The total amount of benefits for the two documents must correspond to the above.

Examples of registration and calculation of maternity leave in non-standard cases

1. Calculation of benefits in cases where annual income is greater than the limit. If maternity leave is issued from January 1, 2019 and in the subsequent period, the maximum allowable amount of benefits for the past 2 years is calculated as follows, the maximum amount of income for one day is equal to: (755,000 + 815,000) / 730 = 2150.68 rubles This maximum amount SDZ for calculation in 2019.
2. Calculation of benefits when a person on maternity leave continues to work. The decision was made due to the fact that the income will be higher than the benefit amount. Maternity leave was issued from September 1, 2019. The employee wrote a statement according to which he continues to work from September 1, 2019 to October 15, 2019. For 45 days of work, wages are paid according to the workload. Sick leave is paid for the remaining period - 95 days. The maximum size of a certificate of incapacity for work in 2019 (in case of payment from 100% of average earnings) is 2150.68 rubles for 1 day on sick leave. ((755,000 +815,000) / 730). 2150.68 x 95 = 204314.60 rubles.
3. If the person on maternity leave is a part-time worker, income is taken into account from each enterprise. To do this, at your main place you must submit earnings certificates from each company and a document confirming that payments were not made to other companies. The payment amount is calculated taking into account the maximum limit.
4. If a part-time employee takes maternity leave in 2019, and during 2018-2017 he worked in the same place where he is now, the benefit is issued in each company separately. To do this, you need to submit the original sick leave to each organization. You can also receive payments from one of the organizations of your own choice, if you have certificates of earnings from other places.
5. If a person on maternity leave works at his first place of work for less than 6 months, and the insurance period is equal to the period of work, the calculation of maternity sick leave is carried out on the basis of the minimum wage rate.

Video about calculating maternity benefits

The video shows advice from a lawyer regarding registration and calculation of maternity leave.