Payments during maternity leave. Who, according to the law, pays maternity benefits - the employer or the state? What are the child benefits?

Maternity payments for a second child are a type of government support that every working woman can count on (this implies official employment). The benefit is calculated based on the average salary divided by the number of days of maternity leave.

If the mother has worked for less than 6 months, the minimum wage established at the state level is taken as the basis.

Maternity payments

When a second child appears in the family, the mother can count on similar benefits that she received for caring for her first child.

In particular:

  1. one-time payment upon registration at a medical institution - 613 rubles;
  2. maternity benefit paid at the place of work:
    • RUB 34,520 - minimum threshold;
    • RUB 248,164 - maximum threshold;
  3. one-time payment from social protection on the occasion of the birth of a child - 16,350 rubles;
  4. child care allowance up to 1.5 years:
    • 40% of salary;
    • 5,817 rubles with a minimum income level.
Important! In addition, the birth of a second child before the end of December 2018 gives the right to receive maternity capital, the amount of which is 453,026 rubles.

These funds are transferred and spent non-cash for certain purposes.

Second pregnancy during maternity leave


If the second baby was born during unfinished maternity leave, the mother has the right to receive the required benefits and lump sum payments. In this case, you must write an application for the required transfers.

In this case, one of two possible options remains at the discretion of the mother:

  1. Maintain child care benefits for your older child.
  2. Arrange payments for the second pregnancy and childbirth.

In any case, the first maternity leave is interrupted automatically and a new one is granted. When the maternity leave ends, benefits for caring for the first and second child will be summed up and transferred within the framework of payments established by law.

If maternity leave ends before the second pregnancy, the mother registers for receiving payments, as in the case of caring for her first child.

Advice! To save the amount transferred monthly for the care of the first-born, you can do this: the mother takes care of the newborn, the first child remains in the care of any family member who can take maternity leave.

Calculation rules

The benefit amount is calculated according to a certain formula.

According to current legislation, the period of maternity leave cannot exceed 140 days: it is divided into equal time intervals of 70 days before and after childbirth.

The calculation period is considered to be 730 days of work experience, excluding sick leave and statutory vacations. Accordingly, to receive benefits in 2017, 2015 and 2016 will be taken as the basis.

It is important to understand that when making calculations there is a certain threshold set at the maximum allowable level of income. For the indicated billing period, the following amounts are relevant:

  • 2015 - 670 thousand rubles;
  • 2016 - 718 thousand rubles.

If a woman’s work experience is less than 6 months, the minimum wage is taken as the basis. Today it is 7,800 rubles.

Accordingly, this amount must be divided by 30 and multiplied by 140. As a result, maternity payments will amount to 36,400 rubles.

Amount of payments depending on the complexity of childbirth


It is important to understand that pregnancy does not always proceed normally. In case of possible complications, women's maternity leave periods are extended, and the amount of compensation changes accordingly.

It looks like this:

  1. Singleton pregnancy with uncomplicated childbirth - 140 days;
  2. Singleton pregnancy with difficult labor - 156 days;
  3. Multiple pregnancy - 194 days.

The woman went on maternity leave, having worked the pay period with a regular salary of 15,000 rubles. The birth was fraught with complications.

In this case, the amount of maternity leave will be calculated according to the following principle:

360,000 (income for two years) / 731 (daily earnings for the billing period) * 156 (vacation days) = 76,826 rubles.

Important! The employer is obliged to pay the entire amount within 10 working days from the date of submission of the application to the accounting department of the enterprise.

Payout Features


Maternity payments for a second child have a number of interesting features that need to be taken into account.

For example:

  1. Payments are possible only if you have Russian citizenship.
  2. Official employment is required.
  3. Before maternity leave, you can take basic paid leave.
  4. An employer cannot fire an employee who has been caring for a child for 1.5 years.

In addition, the amount of benefits for military personnel, firefighters, law enforcement officers and the Federal Penitentiary Service is 100% of the salary amount.

Table of maternity payments

The minimum and maximum benefits, taking into account indexation, looked like this.


Payment type Sum Amount including indexation
Caring for the firstborn for a full calendar month (minimum)2 718 2 908
Caring for second and subsequent children (minimum)5 436 5 817
One-time payment upon registration in a medical institution

Despite its name, this payment according to the law is mainly due only working women(except for those dismissed during the liquidation of the enterprise). Non-working mothers-to-be(with the exception of those recognized as unemployed after dismissal during the liquidation of the organization) do not have the right to receive maternity benefits - they are assigned child benefits only from the day of birth of the child (in the form of a lump sum at the birth of a child and monthly care for up to 1.5 years, paid to the unemployed through the social protection authorities).

Employed women (subject to compulsory social insurance) will already be able to take sick leave from the supervising doctor. This certificate of incapacity must be taken to the employer, where the accounting department will accrue maternity benefits for the entire period of incapacity indicated on it.

  • Benefit is paid once for the entire maternity leave- usually it is 140 calendar days, of which 70 days before childbirth and 70 after, payment for which is made in the amount of 100% of average earnings.
  • Along with maternity benefits, you can receive an additional one-time benefit for women registered with medical organizations in early pregnancy(up to 12 weeks) in the amount of 628.47 rubles in 2018.

Due to the fact that maternity leave ends with the end of the certificate of incapacity for work, employed women can apply for leave and monthly child care allowance up to 1.5 (3) years, not from the moment of birth of the child, but only after the expiration of maternity leave.

What maternity benefits are available to women?

  1. Maternity benefits (maternity benefits) are paid women subject to compulsory social insurance. These include the following categories of expectant mothers:
    • Officially employed. The amount of maternity leave will be 100% of the average salary. Paid at the place of work.
    • Serving in the RF Armed Forces under a contract. The benefit is paid at the place of service in the amount of monetary allowance.
  2. Maternity benefit idle. This payment is available only to a limited number of unemployed:
    • For students full-time students. The benefit will be paid in the amount of the established scholarship. You must contact the educational institution for an appointment.
    • Fired in connection with the liquidation of the enterprise, within a 12-month period after termination of the employment contract. Paid by social security authorities in the established amount - 628.47 rubles.
    • Individual entrepreneurs(IP) who voluntarily pay insurance premiums. To apply for benefits, you must contact the territorial Social Insurance Fund (FSS). The amount paid is 43,615.65 rubles, which is calculated according to the minimum wage (minimum wage).

These types of benefits under the BiR are paid not only for born children, but also on adopted up to 3 months of age.

Accrual and payment of maternity benefits

Maternity benefits are calculated and paid on the basis of two federal laws:

  1. No. 81-FZ “On state benefits for citizens with children” dated May 19, 1995;
  2. No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006.

To apply for this benefit, you must apply at your place of work, or to the social insurance fund (FSS) for individual entrepreneurs.

Benefits are calculated based on the average salary that the expectant mother received during last two years. Maternity benefits are accrued for a total of 140 days (156 for complex births), regardless of those actually used, in the case of premature birth.

Who is entitled to maternity benefits?

A woman is entitled to receive benefits if she:

  • works and is subject to compulsory social insurance;
  • fired and declared unemployed as a result of the liquidation of a company or enterprise. During 12 months in this case, you have the right to accrue maternity benefits if you register with the employment center;
  • studying full-time in one of the educational institutions of higher, secondary and primary levels;
  • is located military service under contract or you are internal affairs officer;
  • is in quality civilian in a military formation Russian Federation on the territory of a foreign state, and the right to maternity benefits in this case does not contradict international treaties;
  • has the status IP (Individual Entrepreneur). In this case, the condition of participation in VSS (voluntary social insurance) for individual entrepreneurs in the FSS (social insurance fund) must be met and payment of insurance premiums for a minimum of 6 months.

Deadlines for receiving one-time maternity benefits

If you are 30 weeks pregnant (if you have a multiple pregnancy, 28 weeks), you must contact the medical institution where you are registered for sick leave (work ability certificate), which must be presented to the employer to assign benefits. You are required to pay it within 10 days after you submit the required documents.

If sick leave is issued within a month after dismissal, then the benefit is paid at the last place of work.

The allowable period for applying for benefits is no later than six months from the end of maternity leave. Payment periods are discussed in more detail on the page Maternity leave periods.

What documents are required?

If you are eligible to receive benefits, you must collect the following documents:

  • Certificate of incapacity for work (sick leave), issued by the medical institution in which the woman was registered. It is issued at the onset of the 30th week of pregnancy (28th - in case of multiple pregnancy);
  • If there were several places of work during the last period, and maternity leave is paid at the place of the last one, a certificate is required stating that the payment was not made elsewhere;
  • Application for granting benefits;
  • Upon dismissal as a result of the liquidation of a company, maternity payments are made by the social security department, subject to registration with the employment service and a certificate to this effect (the benefit in this case will be 628.47 rubles per month);
  • If it is impossible for the employer to pay the benefit, it is paid by the insurance company, the name of which you can see on the compulsory medical insurance policy.

What needs to be done to receive IP benefits?

An individual entrepreneur can count on the accrual of benefits if insurance premiums are paid for the last calendar year before the onset of maternity leave (B&R). The amount of the benefit is determined depending on the minimum wage.

In order for maternity benefits to be paid, the individual entrepreneur must provide:

  • application of an individual entrepreneur to the Federal Social Insurance Fund of the Russian Federation with a request to assign a benefit for accounting;

If an individual entrepreneur works simultaneously under an employment contract, while paying contributions to the Social Insurance Fund for two years, he will receive maternity benefits both at the Social Insurance Fund branch and from the employer who entered into this agreement with him.

What benefits and payments can the unemployed count on?

If a woman was not employed or quit before or during pregnancy, maternity payments are not made to the unemployed, except in cases where the dismissal occurred as a result of the liquidation of a company (enterprise), or if the woman is a full-time student at an educational institution of higher, secondary and primary level ( the benefit in this case will be equal to the scholarship and will be paid by the educational institution itself).

Unemployed people are also not entitled to benefit payments in connection with registration in the early stages of pregnancy. But in different regions, payments may be provided that are independent of the provisions of federal law. For example, in Moscow, when registering (for a period of up to 20 weeks), a woman registered in Moscow receives a one-time payment, which is also valid for those who are not working.

We hope that you have received answers to many of your questions.

The procedure for assigning and calculating the amount of maternity benefits, which came into force on January 1, 2011, involves the use of the rule approved by the Government of the Russian Federation for determining the amount based on the average salary based on the results of the two-year period preceding the year of maternity leave, or taking into account the established minimum amount wages (minimum wage, set at 11,280 rubles from January 1, 2019).

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

The usual duration of leave is 70 calendar days before childbirth (in case of multiple pregnancy - 84 days) and 70 days after childbirth, excluding possible complications during childbirth - 86 days, or for the birth of two or more children - 110 days (respectively, a total of 140, 156 or 194 days).

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

In addition to the certificate of incapacity for work, you must submit an application for leave to the accounting department at the place of work. Maternity benefits are assigned within 10 days from the date of application for its receipt, and payment is made on the nearest date of payment of wages at the enterprise.

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How are maternity benefits 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 maternity”, from January 1, 2011, the procedure for calculating average earnings, the value of which is used for calculating maternity benefits in 2019.

The amount of maternity benefits when taking appropriate leave from work is obtained by multiplying the amount received average daily earnings:

  • when calculating maternity benefits - for the number of days attributable to parental leave (140, 156 or 194 days),
  • when calculating monthly child care benefit - by 30.4 (average number of days per month for the year), multiplied by a factor of 0.4.

Attention

According to the current rules, the average daily earnings are used to calculate maternity payments, which itself calculated by formula: earnings accrued for the previous 2 full calendar years must be divided by 730 (or by 731 if one year in the period under review falls on a leap year). The average daily earnings received should not be less than the minimum daily earnings established from the minimum wage ( 11280 rub. from January 1, 2019.

Taking into account the changes under the new law, amount of maternity payments in 2019 is calculated based on the amount of earnings accrued for 2 full calendar years preceding the year of maternity leave (2017 and 2018, respectively), divided by the number of calendar days for this period, excluding:

  • periods of temporary incapacity for work, paid sick leave (general illness, injury);
  • paid days off from work to care for a disabled child;
  • release from work of the employee, while maintaining full or partial salary;

If a woman worked in several organizations before pregnancy, she has the right to apply for benefits in all places of work. However, in the future, monthly payments for a child under 1.5 years old will be made by only one organization. The amount of payments is calculated based on the average salary.

Minimum amount of maternity payments in 2019 and maximum

According to this minimum size Maternity benefits in 2018, taking into account the average daily earnings calculated according to the minimum wage, are:

  • RUR 43,615.65 - during normal childbirth (140 days);
  • RUB 48,600.30 — during complicated childbirth (156 days);
  • RUB 60,438.83 - in case of multiple pregnancy (194 days).

These lows will increase from May 1, 2018- By instructions Vladimir Putin, by this date, the minimum wage must be brought to the level of the subsistence level approved by the Decree of the Government of the Russian Federation for the 2nd quarter of 2017 (11,163 rubles according to Decree No. 1119 of September 19, 2017). In proportion to this (that is, by 17.6%), the minimum maternity leave will increase from May 1.

Attention

Maximum benefit amount is limited to the average earnings from which contributions to social insurance are made in the event of temporary disability and in connection with maternity (the so-called “insurance base”).

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

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

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

  1. Women who register at a clinic or antenatal clinic before the 12th week of pregnancy have the right to receive one-time assistance in the amount of 628.47 rubles. - subject to presentation of an appropriate certificate from a medical organization about the early registration of the expectant mother.
  2. In addition to this, one of the parents (mother or father) at the place of work is also paid a lump sum benefit for the birth of a child, amounting to 16,759.09 rubles from February 1, 2018.
  3. Upon completion of maternity leave, child care leave is calculated with the right to receive a monthly benefit for up to 1.5 years - in the amount of 40% of the average salary, but not lower than the minimum amount established by law:
    • RUB 3,788.33 for the first child (40% of average monthly earnings when calculated according to the minimum wage = 9,489 rubles);
    • 6284.65 rub. - on the second and subsequent ones.

Attention

You should know that when several children are born at the same time, the above are carried out for each child (first, second and subsequent ones). The condition for receipt is the presentation to the accounting department at the place of work of a birth certificate (original) received at the registry office, as well as certificates from the place of work the second parent about non-receipt of one-time and monthly benefits.

How to calculate maternity benefits in 2019 (example and online calculator)

Let's consider a situation where 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 benefits (maternity benefits, child care benefits), taking into account the approved calculation rules, income for the full years 2016 and 2017 will be taken into account:

  1. Income for 2016 was:
    • salary - 150,000 rubles;
    • vacation pay - 14,000 rubles;
    • sick leave - 6,000 rubles. (14 days).
  2. Income for 2017:
    • salary - 200,000 rubles;
    • vacation pay - 17,000 rubles;
    • sick leave - 3000 rubles. (5 days).

Attention

Having the above data, you can calculate the size of the established maternity payments, using the formula:

  • maternity benefit:
    (150000 + 14000 + 200000 + 17000) / (366 + 365 – 14 – 5) × 140 = RUB 74,915.73
  • child care allowance up to 1.5 years:
    (150000 + 14000 + 200000 + 17000) / (366 + 365 – 14 – 5) × 30.4 × 0.4 = 6506.97 rub.

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

Maternity payments in 2019 for a non-working mother

The current legislation provides for the payment of maternity benefits and benefits when registering in the early stages of pregnancy the following categories of unemployed:

  1. Women laid off within twelve months preceding the day of their recognition as unemployed in accordance with the established procedure, due to:
    • liquidation of organizations;
    • termination by individuals of activities as individual entrepreneurs (IP);
    • 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.

    Attention

    Maternity benefits for these categories of citizens are set at a minimum fixed size(from February 1, 2018 - RUB 628.47 per month or 2888.73 rub. for 140 days of maternity leave).

  2. Women studying full-time in educational organizations of various types (organizations of higher and additional professional education, scientific institutions, educational and production plants, etc.). Maternity benefits are established for them at the place of study and paid in the amount of scholarship.

In addition to the above, these categories of unemployed (as well as all unemployed persons in general, not subject to compulsory social insurance in case of temporary disability and in connection with maternity) the Social Security authorities rely on:

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Our country provides social support measures for pregnant women. Mandatory are:

The law stipulates a single amount only for one-time financial assistance at the birth of a child and an incentive payment for early registration. But the answer to the question of when maternity benefits should be paid: before or after childbirth is clear. Maternity money must be paid before childbirth in any case.

Payments to pregnant women before childbirth

After receiving sick leave at 30 weeks, a pregnant woman should bring it to the accounting department at her place of work and write an application for provision.

The benefit amount is calculated based on the average official earnings for the last two years. That is, to calculate benefits in 2020, amounts received in 2019 and 2018 are taken. The maximum amount of payments depends on the insurance base:

A woman must receive benefits no later than the date closest to the date after all documents are submitted when the salaries of the rest of the employees are calculated.

655.49 rubles - allowance for early pregnancy registration in 2019

Payments to young mothers after childbirth

In the near future, after leaving the maternity hospital and receiving the child’s birth certificate, the young mother is entitled to...

18 004
rubles -
the amount of a one-time benefit for the birth of a child from February 1, 2020.

It must be paid immediately after submitting all documents. The father of the child can also receive the payment at his official place of work.

For non-working categories of citizens, postnatal benefits are provided by the social protection authorities. Full-time students receive it at their place of study. If a woman is officially employed, she receives it at her place of work.

The employer is delaying maternity payments - what to do?

Unscrupulous employers try in every possible way to avoid paying maternity benefits. But any delay or refusal to pay maternity leave is a direct violation of the legislation of the Russian Federation. Therefore, if such a precedent arises, a pregnant woman can safely go to court and report it to her employer. And since she has no chance of losing the case, then, most likely, at the first hint of a trial, the authorities will immediately fix the problem and pay the required benefits.

2019-11-05T18:04:22+00:00

Hello Nina. It makes no sense for you to quit earlier; you will receive maternity payments under the BiR anyway. This is the employer's responsibility. He has the right to dismiss at the end of the B&R leave.

But you will receive a care allowance as an unemployed person, from the Social Insurance Fund and there should be no difficulties with its registration. They will pay minimum wage.

What are maternity payments?

Decree(Latin decretum decree from decernere - to decide) is a legal act, a resolution of an authority or official. In everyday life, maternity leave or maternity leave is called social assistance, maternity leave (B&R). All this is connected with caring for the health of the mother and her unborn baby. So, maternity leave is a period of sick leave due to pregnancy and childbirth, and the provision of state social benefits, the size of which depends on many factors. Sometimes maternity leave is also called parental leave until the child reaches the age when children are admitted to preschool institutions. Is this a one-time benefit or monthly amounts? How are maternity payments calculated and made?



The new benefit is paid from 1.5 years to 3 years. This benefit will be paid by the federal authorities depending on the family income.

1. Maternity leave, maternity benefits, maternity benefits in accordance with the Labor Code of the Labor Code of the Russian Federation

Legislatively" maternity leave" is regulated. And also "On compulsory social insurance in case of temporary disability and in connection with maternity", which provides a detailed description of which week pregnancy and childbirth go on maternity leave and how long it lasts. About the calculation and procedure for calculating maternity benefits 2020 be sure to read Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No.

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1.1 Who receives maternity payments and child care benefits in 2020?

All working women have the right to social benefits for pregnancy and childbirth(Law of May 19, 1995 No. 81-FZ, Part 4 of Law of December 29, 2006 No. 255-FZ, subparagraphs “a”, “e”, paragraph 9 and paragraph 14 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009).

  1. women subject to compulsory social insurance in case of temporary disability and in connection with maternity;
  2. women fired due to liquidation of organizations, termination by individuals of activities as individual entrepreneurs;
  3. women, full-time students on a paid or free basis in educational institutions of primary vocational, secondary vocational and higher vocational education, the BIR allowance is established in the amount of the scholarship (Law 81-FZ);
    In accordance with the Procedure, the payment of maternity benefits is carried out at the expense of the federal budget and the budgets of the constituent entities of the Russian Federation, allocated in the prescribed manner to educational institutions of primary vocational, secondary vocational and higher professional education for the payment of scholarships in the form of maternity benefits.

    Note: Non-state educational institutions do not receive budget funds for scholarships. Therefore, female students at non-state universities are not paid maternity benefits.


  4. women, undergoing military service by contract;
  5. women specified in subparagraphs "1" - "4", when they adopt a child (children) under the age of three months.

Foreign employees temporarily or permanently residing in Russia and working here, maternity benefits are paid according to Russian legislation and at the expense of the Russian Social Insurance Fund.

For foreign employees temporarily staying in Russia, maternity benefits are NOT provided. Because they are not insured persons in case of temporary disability and in connection with maternity, they are not subject to insurance contributions to the Social Insurance Fund of the Russian Federation for the amount of payments and remunerations under employment contracts and civil contracts, including under author’s order contracts (clause 15 )

Citizens of the republics of Belarus, Kazakhstan and Armenia who work in Russia under employment contracts, pay maternity benefits according to Russian legislation at the expense of the Russian Social Insurance Fund. That is, follow the general rules.

The duration of work under an employment contract (insurance period) does not affect the fact of payment of benefits, but its size.

Thus, a woman who has less than six months of insurance experience has the right to receive maternity benefits in the amount of average earnings, but not more than 5,965 rubles. (from January 1, 2015) taking into account regional coefficients for a full calendar month (Part 3, Part 6 of the Law of December 29, 2006 No. 255-FZ).

Can the father of a newborn receive “children’s” benefits??

The father of the child can receive a lump sum for the child as well as for the child. After all, any parent or person replacing him has the right to receive this benefit.

But maternity benefits for pregnancy and childbirth are not provided to men - this is understandable. Therefore, a family in which the mother does not work will not receive such benefits. After all, benefits are paid only to women who are insured persons, that is, working under employment contracts.

In case the woman is not “insured”, i.e. does not have a permanent job, then the following cases of payment of maternity leave are possible:

  • Women individual entrepreneurs engaged in individual entrepreneurial activities receive this benefit only if they are members of the voluntary social insurance fund and paid contributions for at least six months before maternity leave. depends on the amount of contributions paid.
  • Women who were fired due to the liquidation of an enterprise (organization) receive maternity leave in 2020 on a monthly basis, but only if they are registered with the employment center.
  • Full-time students (paid/free form of education) have the right to count on maternity benefits, which are paid at the place of study.
  • Unemployed women Those who are not registered with the employment center are not paid maternity benefits.

Note: If a woman is working under the GPA at the start of maternity leave, benefits are not accrued to her (Part 1 of Law No. 255-FZ of December 29, 2006).

Deadline for applying for benefits

You need to apply for payment no later than six months from the date of the end of maternity leave (the period for which a sick leave certificate was issued upon adoption). This procedure is established by Articles 7, 17.2 of the Law of May 19, 1995 No. 81-FZ, Articles 10, 12 of the Law of December 29, 2006 No. 255-FZ, paragraphs 10, 11, 13, 80 of the Procedure approved by the order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n, and Article 255 of the Labor Code of the Russian Federation.

If the application deadline is missed, the benefit will be paid only if there are valid reasons for the delay (Part 3 of Article 12 of the Law of December 29, 2006 No. 255-FZ, clause 80 of the Procedure approved by order of the Ministry of Health and Social Development of Russia of December 23, 2009 No. 1012n) . The list of valid reasons was approved by order of the Ministry of Health and Social Development of Russia dated January 31, 2007 No. 74.

When they transfer, the terms of payment of maternity benefits

According to the order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n, for women specified in subparagraphs “a”, “c” and “d” of this Procedure, maternity benefits are assigned and paid no later than 10 days from the date of receipt (registration) of the application with all necessary documents.

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1.2 Minimum, maximum amount of maternity leave 2020

The total amount of maternity benefits in 2020 should be in the range from the minimum maternity benefit to the maximum amount of benefits under BiR

from RUB 51,918.90 up to RUB 282,493.15

Because not all expectant mothers have 2 years of work experience, some have just started working, some are self-employed or are still studying, and some do not work for certain reasons, so they have their own calculation of maternity benefits.


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1.3 What is the formula for calculating maternity benefits for pregnancy and childbirth? Calculation of maternity benefits

If there is an error in the due date on maternity leave

Everyone makes mistakes, even doctors. And what should an accountant do if he discovers an error in the period of sick leave for pregnancy and childbirth of an employee, for example, instead of 140 days, 141 days are indicated.

When there is clearly a mistake made by the doctor. There is no point in driving a pregnant woman to clinics and accepting sick leave without re-registration. You just need to pay for 140 days and indicate this in the calculation that is attached to the certificate of incapacity for work.

And, of course, in the application for maternity leave, your employee must indicate the period of such leave is exactly 140 days, and not the period indicated on her sick leave.

ALGORITHM for calculating maternity payments - benefits for BiR

1. For the two calendar years preceding the start of the corresponding vacation (for vacation starting in 2014, these are 2012 and 2013, from January 1 to December 31), we calculate the amount of accruals (salaries and other accruals) subject to contributions to the Social Insurance Fund. At the same time, according to , if in one or both years there was at least 1 day of labor/care leave, this year can be replaced with any previous calendar year (at the employee’s choice), if the replacement will result in more benefits (an application for replacement is required with indicating the selected year/years).

2. We compare the amount for each year with the maximum amount of the base for insurance premiums for this year (2011 - 463,000 rubles, 2012 - 512,000, 2013 - 568,000, 2010 and previous ones - 415,000 rubles), taking the less for each year. We add up the results.

3. We compare this amount with the minimum amount of maternity leave (x 24), take the larger one (in 2014, the minimum wage was 5,554 rubles, regardless of the region).

4. Divide the amount by the number of calendar days in these two years (for 2012 (leap year) and 2013 - 731), subtracting from these days the days due to temporary disability, labor and employment leave and parental leave, leave without pay.

5. Divide the sum of the maximum base amounts for contributions to the Social Insurance Fund for the two previous calendar years (for a vacation that began in 2014, this is always 2012 and 2013, regardless of the replacement of years for earnings) by 730, compare with the result from paragraph 4 , we take the smaller one.

6. For the B&R benefit, we multiply the result from step 5 by the number of vacation days for the B&R.

7. For the care allowance, we multiply the result from point 5 by 40% and by 30.4, compare it with the minimum amount of maternity benefit established for the corresponding year, take the larger one, for Chernobyl victims, multiply by 2.

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2. Start and end of maternity leave

The question is often asked: “What week does maternity leave start from?” Maternity benefits are paid to the insured woman in total for the entire period of maternity leave lasting 70 (in the case of a multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after birth.

2.1 From what week do they go on maternity leave?

Sick leave according to BiR is issued for a period of 30 weeks (or 28 if the pregnancy is multiple). More precisely, according to 70 calendar days before giving birth, women, upon their application and on the basis of a certificate of incapacity for work (sick leave) issued in the prescribed manner, are granted maternity leave (in the case of multiple pregnancies - 84). During this time, you must contact the medical institution where you are registered for the benefit, so that you can then present it at work to receive benefits. You are required to make payment in accordance with clause 1 within 10 days after you submit the required documents. Now you know when they go on maternity leave.

2.2 How long does maternity leave last?

The total duration of maternity leave ranges from 140 to 194 days. Details are shown in the table.

Maternity leave (in days)

Deadlines for payment of child benefits

Payments for a child can be received within six months from the date of a certain event (for example, the end of maternity leave, the child’s birthday, etc.). This is stated in Law No. 81-FZ of May 19, 1995 and paragraph 80 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009.

To assign maternity benefits, you need not only a sick leave certificate, but also. No application, no benefits, because during this time the employee can work!

The employer must provide leave from the date reflected in the application. It should be taken into account that the end date of the vacation must correspond to the date on the sick leave. That is, the end date of the vacation is not postponed. This means that the vacation will actually be reduced by the number of days that the employee worked without taking vacation.

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3. How is maternity leave arranged?

If you are eligible to receive benefits, there are specific procedures for taking maternity leave. To do this, you need to collect the following documents:

  • Sick leave, issued by the medical institution in which the woman is registered, it is provided at the onset of the 30th week of pregnancy (28th - in case of multiple pregnancy);
  • If there were several places of work during the last period, maternity pay is paid to the place of the last one; a certificate is required stating that the payment was not made elsewhere;
  • Application for the assignment of maternity benefits;
  • Upon dismissal as a result of the liquidation of a company, maternity payments are made by the social security department, subject to registration with the employment service and a certificate to this effect (the benefit in this case will be 515 rubles per month);
  • If it is impossible for the employer to pay the benefit, it is paid by the insurance company, the name of which you can see on the compulsory medical insurance policy.

Based on these documents, the head of the company issues an order to grant the employee maternity leave in form No. T-6 (clause 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

In case of complicated childbirth, the duration of postpartum leave increases. Childbirth, which doctors consider complicated, is listed in the Instruction of the Russian Ministry of Health dated April 23, 1997 No. 01-97. The increase in maternity leave will be indicated in the additional sick leave certificate that will be issued to the employee. In this case, she needs to pay additional benefits.

To extend maternity leave due to complications that have arisen, the employee must submit an application to the company administration. Based on this, the head of the company issues an order to extend the employee’s maternity leave. The legislation does not provide for standard forms of these documents. Therefore, they can be compiled in any form.

Deadline for applying for Maternity Benefit

According to clause 2, maternity benefits are assigned if the application is made no later than six months from the date of the end of maternity leave.

Postponement of the start of maternity leave

An employee has the right to postpone the start date of maternity leave. That is, go on vacation later than the date indicated on the sick leave certificate. The fact is that sick leave gives the employee the right to leave. However, when to exercise this right, the employee decides for herself. After all, the basis for vacation is. Until she writes it, she can continue to work for some time after receiving sick leave. For these days, the employer must pay wages on a general basis.

For example, if maternity leave falls at the end of December, it may be more profitable to postpone its start to January of the next year. In this case, the calculation period for calculating benefits will be different. For example, if the vacation starts in December 2015, then the billing period will be January 1, 2013 – December 31, 2014. And if for January 2016, then the period from January 1, 2014 to December 31, 2015 is taken for calculation. If an employee had a high average salary in 2015, it would be more profitable for her to postpone the start of her vacation to 2016.

There is no prohibition on such a transfer of the billing period in the Law of December 29, 2006 No. 255-FZ. This means that the employer can pay benefits, which will later be reimbursed by the Russian Social Insurance Fund. To exercise the right to leave from a certain date, the employee writes a statement indicating the start date of the leave. The employer must provide leave from the date reflected in the application. It must be taken into account that the end date of the vacation must correspond to the date on the sick leave certificate. That is, the end date of the vacation is not postponed. This means that the vacation will actually be reduced by the number of days that the employee worked without taking vacation.

Example of postponing the start date of maternity leave

I.I. Ivanova has been working in the organization since February 1, 2014. Before this date, she had not worked anywhere. In December, she received a sick leave certificate, according to which she must go on maternity leave from December 18, 2015.

However, Ivanova decided to postpone the start date of the vacation until January 1, 2016, so that the salary for 2014 and 2015 would be included in the billing period. In the period from December 18 to December 31, 2015, Ivanova continued to work.

On December 29, 2015, Ivanova wrote an application for maternity leave from January 1, 2016. In this case, the end date of the vacation remains the same (in accordance with the sick leave). From January 1, the employer provided Ivanova with leave. To calculate the benefit, the accountant took into account the income received by Ivanova for the period from February 1, 2014 to December 31, 2015.

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4. Length of time on maternity leave, who pays maternity benefits and how, payment procedure, calculation of maternity benefits

How is maternity pay paid if a woman works in several places at once?

What kind of maternity benefit can she count on, for example, working at her main place of work and having two more external part-time jobs?

If a worker is employed by more than one employer at the time of going on maternity leave and has worked for them in the two previous calendar years, each employer must pay her benefits.

This benefit is calculated and paid based on average earnings, on which insurance premiums are calculated, by each employer separately. And the maximum taxable base applies to each policyholder.

Therefore, the total amount of benefits that the expectant mother will receive for all three places of work may exceed the maximum taxable base.

But which employer will pay the monthly child care allowance, the employee needs to determine herself - it will not be possible to receive it from all her employers at once

Where are sick leave and maternity pay paid?

When an employee has several places of work, he can choose where he will receive benefits for temporary disability (sick leave) and maternity benefits (maternity benefits).

Moreover, each organization, when calculating benefits, can take into account the amount of earnings in an amount not exceeding 624,000 rubles. for 2014 and 568,000 rubles. for 2013. These amounts include income received from other employers during the pay period. However, if the benefit is assigned by several organizations, then each of them takes into account the income accrued by it in amounts not exceeding 624,000 rubles. for 2014 and 568,000 rubles. for 2013 (Part 3.1 of Article 14 of the Law of December 29, 2006 No. 255-FZ). Thus, receiving sick leave or maternity benefits from several employers, an employee can collectively receive benefits accrued from the amount of earnings exceeding the specified earnings limits.

Deadline for payment of maternity benefits

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5. Calculation of maternity leave

As a general rule, maternity benefits should be calculated based on the employee’s income for the two calendar years preceding the first day of maternity leave. Accrual maternity benefits in 2020 year must be carried out taking into account new limits - the maximum salary for calculating insurance premiums. In 2020, the maximum amount of earnings that must be taken into account when calculating maternity and other benefits will change. For these purposes, it will be necessary to take the maximum from state extra-budgetary funds. It is important to remember that how “maternity benefits” are considered, and child benefits that are assigned at the end of the year, for example, 2014, are calculated based on earnings for 2012 and 2013.

The amount of benefits for the entire maternity leave is determined once - from the day the woman actually goes on maternity leave. This date must be indicated.

If an employee went on maternity leave in December 2014, maternity benefits are calculated from the employee’s income for 2012 and 2013. The maximum amount of daily earnings that can be taken into account when calculating benefits is 1,477.43 rubles. ((512,000 rub.+ 568,000 rub.) : 731 days), because 2012 is a leap year.

If maternity leave begins in 2015, the calculation period will be 2013 and 2014. The maximum amount of payments that can be included in the calculation of benefits will increase to RUB 1,192,000. (568,000 + 624,000). Average daily earnings will increase to 1,632.88 rubles. (RUB 1,192,000: 730 days).

How to receive maternity benefits at your place of study

Female students are entitled to receive maternity benefits. Provided that they are studying full-time at an educational institution of primary, secondary, higher or postgraduate professional education. For example, at an institute, university, academy, lyceum, school or college. The right to receive benefits does not depend on what basis the training takes place: paid or free (letter from the Federal Social Insurance Fund of Russia dated August 9, 2010 No. 02-02-01/08-3930).

The amount of the benefit is calculated based on the amount of the scholarship established by the educational institution (it cannot be lower than that established by law).

Note: Articles 6, 8 of the Law of May 19, 1995 No. 81-FZ, subparagraphs “c”, “d” of paragraph 9 and paragraph 12 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n.

The benefit is paid by the educational institution (approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).

To receive benefits, submit to your educational institution a certificate from a medical institution, which will be issued by a doctor (subparagraph “c” of paragraph 16 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n). Students of educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education are not issued sick leave (clause 26 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). In addition, an application addressed to the rector (other official) with a request to assign a benefit may be required.

The benefit will be assigned and paid within 10 days from the moment the woman submits all the necessary documents and they are accepted (paragraph 1, paragraph 18 of the Procedure, approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).

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5.1 How to calculate maternity benefits, maternity benefits

How is maternity leave paid? Very simple! You need to independently calculate the amount of maternity benefits in advance to facilitate the process of planning your family budget. For the amount of maternity leave, i.e. The amount of funds received in this case from the state is influenced by:

  • insurance experience;

    Note: Since maternity benefits are paid to a woman insured by the Social Insurance Fund with at least 6 months of work experience.

  • average earnings;

    Note: The higher the average salary, the greater the amount for calculating maternity benefits

  • payroll accruals;
  • region of residence;

    Note: The regional coefficient of wages is taken into account

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    5.2 Maternity leave calculator for 2020 online

    Manually calculating the amount of maternity benefits is quite labor-intensive. Therefore, acute questions always arise: how maternity leave is paid, how maternity leave is calculated online. We present to your attention an accurate maternity leave calculator, which is part of a special program.

    With the help Maternity calculator You can calculate maternity benefits (sick leave) and monthly child care benefits up to 1.5 years. in accordance with all approved rules. Calculation of maternity benefits is free, presented by the service - this is a web service for entrepreneurs and accountants that allows you to do accounting and submit reports online.

    After entering the necessary data on earnings for 2 billing years, the script will automatically calculate the amount of the selected benefit. All necessary restrictions are taken into account. You can also see tips with links to articles of regulatory documents.

    The program calculates maternity benefits (sick leave) and monthly child care benefits up to 1.5 years old in just 3 steps.

    Step 1 . First select what you will consider:

    1. maternity or
    2. child care allowance.
    At the first step, for maternity benefits for pregnancy and childbirth, you need to indicate data from the certificate of incapacity for work (), and for benefits for child care up to 1.5 years - data about the child. Since 2013, out of 2 calculated years of being on sick leave or on parental leave. If there were such periods, indicate them.

    Step 2. The second step indicates earnings for 2 calculation years and other parameters necessary to calculate average daily earnings.

    Step 3. In step 3 you will see the final benefit calculation.


    Another program is a B&R benefit calculator

    Keep in mind that when calculating average earnings from the minimum wage, cases where an employee works part-time or works in an area with a northern coefficient are not taken into account.
    For an employee who works part-time, the minimum average daily wage must be adjusted in proportion to his working time

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    6. Application for maternity leave (sample), certificates and documents for maternity leave

    Documents are required to assign and pay maternity benefits

    • certificate of incapacity for work ();
    • some employers ask you to write a statement, although sick leave is usually sufficient;
    • if the calculation of the B&R benefit will be made for one of the last places of work of the woman’s choice: a certificate from another policyholder stating that the appointment and payment of this benefit is not carried out by this policyholder;
    • if you want to replace the accounting years (or one year) with an earlier one, then you also need an Application for Year Replacement;
    • .

      Note: If during the billing period the woman worked for other employers. The maternity leave certificate also indicates the excluded periods.

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    7. Questions regarding maternity leave and maternity leave

    Video "Calculation of benefits 2020"

    General rules for assigning benefits 1:20
    Option 1: benefits are paid for each job 3:17
    Option 2: benefits are paid for one place of work 3:09
    Option 3: benefits are paid either as in option 1 or as in option 22:09
    Procedure for calculating sick leave benefits 6:38
    If the employee works part-time 6:55
    If an employee works on an external part-time basis 5:14
    Features of payment of benefits for child care (other family members) 4:20
    Features of payment of sick leave benefits 2:45
    Procedure for calculating maternity and childcare benefits 12:48
    Documents that an employee must submit for the assignment and payment of benefits 7:00
    Calculation of benefits in 2015 1:36
    Answers to questions from participants in the webinar “Calculation of benefits - 2014. Solutions for common and confusing situations” 13:58

    Regulations governing the payment of benefits 6:01
    Benefits for migrants 1:15
    Peculiarities of calculating benefits in Crimea and Sevastopol 2:38
    Procedure for calculating temporary disability benefits 3:20
    Procedure for calculating maternity benefits and monthly child care benefits 5:42
    Calculation of benefits based on the minimum wage 5:33
    Documents for assigning benefits 4:13
    If the region participates in the pilot project of the FSS of Russia 1:56
    Answers to questions from participants in the webinar “Manuals 2015” 8:02

    Note: