Calculation of maternity nurses. Maternity leave

Any accountant should know how to correctly calculate maternity benefits. But is this knowledge necessary for ordinary workers, as well as their employers? Undoubtedly. After all, we are all human and we tend to make mistakes, and the expectant mother will be calmer if her calculation coincides with the amount received. Therefore, in this article we will try to explain all the nuances and subtleties on this issue.

What is maternity leave

To understand how to calculate the amount of maternity leave, you need to know what the leave associated with pregnancy and childbirth is, and what legislative acts regulate its provision and payment. The Labor Code of the Russian Federation stipulates the possibility for pregnant employees to receive exemption from work due to temporary disability. The code also establishes parental leave until the child reaches one and a half or three years of age.

Unofficially, both types of leave are called maternity leave, but more often the first of them, although the official name “maternity leave” does not exist. The calculation of maternity benefits, the payment procedure, and so on are stipulated in the Federal Orders of the Ministry of Social Protection of the Population. Changes to current legislation are made almost every year, as there is a need to combat fraud in the payment of benefits.

How leave is granted

It is believed that, having become pregnant, an employee registers with a medical institution, undergoes an examination, and closer to the expected date of birth, her doctor issues a certificate of temporary incapacity for work, which will indicate the duration of the leave. According to labor legislation, seventy days are required before childbirth and seventy days after it.

Of course, they calculate the date of birth approximately, so it may not be possible to divide the entire period of release from work clearly in half. Therefore - and not for this reason alone - it is allowed to distribute the allocated rest days in a way that is more convenient for the employee, of course, after agreement with the doctors and the employer. For example, you can take thirty days before giving birth, and after them use the remaining one hundred and ten.

Or do the opposite: take one hundred and twenty days off before giving birth, and the remaining twenty days after. This method of dividing leave will not affect how to calculate maternity benefits, since the calculation formula remains unchanged, and each day used must be paid.

Of course, you don’t have to register disability in advance, fulfilling your work duty to the last minute and avoiding going to a medical consultation, but the sooner the employee worries about the period of her absence, the more convenient it will be for everyone: herself, the employer, and the accounting staff.

How long is maternity leave?

As mentioned above, the total duration of the decree is one hundred and forty calendar days. To know how to correctly calculate maternity leave, you must also take into account that, in addition to the general case, there are also special cases, and then the duration of release from work increases or decreases.

The legislation provides for the issuance of additional vacation days in the following cases:

• sixteen days for childbirth with complications;
• fifty-four days in the case of the birth of two or more children.

We remind you that the total duration of the vacation does not affect how maternity benefits are calculated, but it does affect the final amount - after all, it is paid every day.

Reducing maternity leave

Despite the fact that there is no provision for reducing the duration of maternity leave, and the employer does not have the right to require the employee to either go to work earlier or go on leave later, there are cases when maternity leave is shortened (which, of course, affects on how maternity benefits are calculated).

In addition to the fact that an employee can voluntarily reduce her stay at home, the duration of leave from work due to pregnancy can also be reduced in the unfortunate event that the pregnancy must be terminated for medical reasons. In this case, of course, no one will immediately force the woman to work, but a certificate of temporary incapacity for work will be issued only for the period necessary for recovery, but not less than three days.

How is maternity money calculated?

It should immediately be clarified that the Social Insurance Fund pays benefits, but the amount is calculated by the employer. Therefore, the sooner the registration is started, the greater the chance that all calculations will be made correctly and the money will be credited to the account or will be issued immediately after the employee goes on vacation.

Billing period

The calculation period refers to the fully worked days in which the employee was paid full wages. Exactly what time period falls under this definition is established by Federal Law. Currently, the provisions of Law No. 255 of December 29, 2006 are in effect and must be taken into account in order to understand how to calculate maternity benefits.

The current rules state that the last two calendar years worked are taken as the calculation period. This means that a full year is taken into account, that is, an employee going on vacation in March 2018 will count the period from January 1, 2016 to December 31, 2017.

In this case, all days will be subtracted from the indicated duration:

• calendar leave;
• temporary disability;
• caring for a disabled child or adult relative;
• time off at your own expense;
• absence from work without a valid reason;
• in which wages were maintained at the average value, partially or not at all.

That is, only those work shifts for which contributions to the Social Insurance Fund were made should be taken into account.

Average earnings

So, let’s repeat: in order to calculate maternity money, you first need to determine the billing period. Why is it important to start with this? Because the calculation will take into account only those payments that the employee received during the designated time period. All of them will be added together and divided by the number of days fully worked. The resulting amount will be the average daily earnings.

What is included in the calculation

Before you start making your own calculations, you need to know that the benefit calculation includes:

• wages;
• regular bonus;
• vacation pay;
• financial assistance over four thousand rubles;
• travel allowances;
• compensation for unused calendar leave.

All coefficients and premiums established in the region and at the enterprise are also taken into account, but only once - when calculating the average number.

What is not included in the calculation

• sick leave payments;
• social benefits;
• financial assistance of less than four thousand rubles;
• payment at the birth of a child (no more than fifty thousand rubles).

As well as all other cash issued that was not subject to contributions to the Social Insurance Fund and the Pension Fund.

Special cases

Very often, situations arise when employees, before going on maternity leave with one employer, with whom they have been cooperating for only a year or less, worked for several years at another company or did not work at all. How do you do the calculations in this case?

The rules state that in cases where the length of service is less than the pay period, benefits are paid at the minimum wage that is in force this year (from January 1, 2018, the minimum wage is 9,849 rubles).

Therefore, the minimum amount of assistance that a maternity leaver can count on is 9849 * 24 months/730 days * 140 days = 45,332.38 rubles.

Calculation of vacation pay after maternity leave

It should be remembered that a woman on maternity leave or maternity leave until she reaches one and a half or three years of age also has the right to regular annual leave before or after childbirth. She can also use such leave immediately after leaving maternity leave. How, in this case, are vacation payments calculated, since she has not received wages for a long time?

The calculation period is taken to be the time period that preceded maternity leave, even if it was more than two years ago, and to calculate the average daily earnings, the last payments subject to taxes and insurance contributions are taken; if necessary (if, for example, there was an increase in wages), indexation is carried out. Otherwise, vacation payments are calculated as in general cases.

We hope our article helped you understand how to calculate maternity benefits yourself.

How to apply for maternity leave: Video

The state pays several types of benefits to women on the occasion of pregnancy and childbirth. From February 1, 2018, the amounts of benefits established in 2017 were indexed. In addition, from January 1, 2018, the minimum wage was changed, now it is 9,489 rubles. In the article we will provide a standard calculation of benefits and complex cases. A benefit calculator is attached.

To begin with, a little theory on how to apply for and calculate maternity benefits (maternity benefits), abbreviated as B&R benefits.

Who do we pay maternity benefits to?

The following categories are eligible for benefits:

• working,
• unemployed (dismissed due to the liquidation of organizations during the 12 months preceding the day they were recognized as unemployed),
• full-time students,
• undergoing military service under contract,
• who have adopted a child and belong to the above categories

Please note: if the employee is a part-time employee and has worked for the same employers for the two previous years, then maternity benefits are paid to her by both employers in 2018.

Maternity benefits are paid at the place of work, service or other activity. For women dismissed due to the liquidation of an organization, benefits are paid by social security authorities at their place of residence (place of actual stay or actual residence).

How to apply for maternity benefits?

Deadline for paying maternity benefits

Maternity benefits are paid for the entire period of maternity leave: 140 calendar days (70 before childbirth and 70 after). In the case of multiple pregnancies and the birth of two or more children - 84 and 110. In the case of complicated births - 70 and 86 (Part 1 of Article 10 of Law No. 255-FZ).

The benefit is paid in advance for the entire period of incapacity indicated on the certificate of incapacity for work. The current legislation does not provide for partial payment of benefits or payment first for the prenatal and then for the postpartum period.

For accountants and chief accountants on OSNO and USN. All requirements of the professional standard “Accountant” are taken into account.

Payment of sick leave during pregnancy and application period

Having received from a woman an application for the assignment and payment of benefits and a certificate of incapacity for work during pregnancy, the employer is obliged to pay the benefit within 10 calendar days.

From the first calendar day, benefits are paid from the budget of the Social Insurance Fund of the Russian Federation. The employer does not bear the cost of paying benefits. Application deadline: no later than 6 months from the end of maternity leave.

If maternity leave is not formalized, there are no grounds for payment of benefits. The benefit is paid at 100%, regardless of length of service.

Documents - grounds for calculating maternity benefits:

• certificate of incapacity for work in the established form (the issuance procedure is approved by Order of the Ministry of Health of Russia dated June 29, 2011 No. 624n);
• certificate(s) about the amount of earnings from which the benefit should be calculated, from other places or a copy thereof (form approved by Order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n);
• application for benefits (when contacting your HR department or accounting department, colleagues will help with the application form).

It is important not to miss the deadline for submitting documents when applying for maternity benefits - this is six months from the date of termination of maternity leave.

Amount of child benefits in 2018

• benefits for women registered for early pregnancy (up to 12 weeks) - 628.47 rub.,
• lump sum benefit for the birth of a child - 16,759.09 rubles,
• maternity benefit (maternity benefits) maximum:

1. 282,106.70 - in the general case for 140 days of sick leave;
2. 314,347.47 - for complicated childbirth (156 days of maternity leave);
3. 390,919.29 - for multiple pregnancy (194 days).

• minimum (according to minimum wage):

1. 43,615.65 - in the usual case for 140 days of sick leave;
2. 48,600.30 - for complicated childbirth (156 days of sick leave);
3. 60,438.83 - for multiple pregnancy (194 days of maternity leave)

• child care allowance up to 1.5 years ( maximum for working people) - 24,536.55 rubles.

New children's benefits in 2018

From January 1, 2018, families will be paid new monthly benefit until reaching 1.5 years at the birth of the first child in the amountregional subsistence level, as well as a similar monthly payment from funds maternity capital for the second child. Both payments are providednew law on child benefits in 2018, which was signed by the President on December 28, 2017 (law No. 418-FZ).

But these payments will not affect all families, but only those who meet three conditions:

1. The child must be (adopted) born after January 1, 2018,
2. Is a citizen of the Russian Federation,
3. The average per capita family income does not exceed 1.5 times the subsistence level of the working-age population of the corresponding subject of the Russian Federation for the 2nd quarter of 2017. For example, for the Kirov region it is 15,238.5 rubles.

Online calculator for maternity leave in 2018

How to calculate maternity benefits

All the features of calculating benefits for temporary disability and in connection with maternity are reflected in the Regulations approved by Decree of the Government of the Russian Federation dated June 15, 2007 No. 375 “On the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth...”.

We will calculate maternity benefits based on average earnings.

Payments that should be included in the calculation

When calculating benefits for temporary disability, pregnancy and childbirth, and child care for children up to one and a half years old in 2018, the calculation of average earnings can include maximum payments for 2017 in the amount of 755,000 rubles, and for 2016 - in the amount of 718,000 rubles . (With according to clause 2 of article 14 of Law No. 255-FZ).

Billing period

The calculation period for calculating temporary disability benefits, maternity benefits, and childcare benefits for children up to one and a half years old will be the two years preceding the occurrence of the insured event. For example, if an employee fell ill or went on maternity leave in 2018, then the billing period will be from January 1, 2016 to December 31, 2017.

Replacing periods

If in two calendar years immediately preceding the year of occurrence of the specified insured events, or in one of the specified years, the insured person was on maternity leave and (or) child care leave, then the corresponding calendar years (calendar year) upon application of the insured person may be replaced for the purpose of calculating average earnings by previous calendar years (calendar year), provided that this will result in an increase in benefits.

Please note that you can replace years or year with any previous years.

Actions of an accountant when calculating maternity benefits

Action 1: determine the amount of payments for the two years preceding the year the benefit was calculated.

Step 2: determine average daily earnings. To do this, divide the amount of earnings for two years by the number of calendar days in the billing period, if the period is fully worked out (in 2018 it should be divided by 366 + 365 = 731). Or minus days that should be excluded according to the law. Compare average daily earnings with the minimum and maximum amounts.

The billing period may consist of 730 calendar days (if the billing period consists of 2014 and 2015), as well as 732 calendar days (if the billing period includes 2012 and 2016) Letter of the Federal Social Insurance Fund of the Russian Federation dated March 3, 2017 No. 02-08-01/ 22-04-1049l.

Example of calculating maternity benefits

Petrova Valentina goes on maternity leave from June 10, 2018 for 140 calendar days. In 2016, the specified employee was on leave to care for her first child in the period from January 1 to September 30. In October 2016, Petrova did not work - she was on study leave and on leave without pay. Started work on November 1, 2016.

For the period from November 1 to December 31, 2016, she received a salary of 84,000 rubles.

salary - 781,000 rubles;

vacation pay - 34,000 rubles.

Total for 2017 - 815,000 rubles.

Petrova Valentina did not provide an application for a replacement for 2016. Accordingly, the calculation period includes 2016 and 2017.

We will determine the amount of maternity benefits.

Solution

1. Determining the billing period

366 – 273 + 365 = 458 days

Please note that in 2016, days of study leave and unpaid leave are not excluded from the calculation period. Only the period of parental leave was excluded.

1. Determining payments that should be included in the calculation

84,000 + 755,000 = 839,000 rub.

Please note that in 2017 we will take into account only RUB 755,000. - the size of the maximum base for calculating insurance premiums.

1. Determining the average daily earnings

839,000 / 458 = 1,831.88 rubles.

1. We determine the amount of maternity benefits.

1,751.09 x 140 = 256,463.2 rubles.

Calculation of benefits based on the minimum wage

In case:

• the pregnant employee had no earnings during the billing period;
• or the average earnings calculated for this period, calculated for a full calendar year, are below the minimum wage,

then the average earnings, on the basis of which benefits are calculated, are taken equal to the minimum wage (the federal minimum wage as of January 1, 2018 is 9,489 rubles).

When calculating, the federal minimum wage should be used ( clause 1.1 art. 14 of Law No. 255-FZ).

If the insured person, on the date of the occurrence of the insured event, works part-time (part-time, part-time), the average earnings, on the basis of which benefits are calculated, in these cases, are determined in proportion to the duration of the insured person’s working hours. Also, if the calculation is made based on the minimum wage, the regional coefficient should still be applied.

Benefits are also calculated from the minimum wage if this is a woman’s first job and she goes on maternity leave without working for six months.

In all cases, the monthly child care benefit cannot be less than the minimum monthly child care benefit established by the Federal Law “On State Benefits for Citizens with Children” dated May 19, 1995 No. 81-FZ.

Calculation of child care benefits up to 1.5 years

If, when calculating temporary disability benefits, no periods are excluded from the calculation period, then when calculating child benefits, the following should be excluded from the calculation period:

• periods of temporary disability;
• periods of maternity and child care leave;
• periods of release of an employee from work with full or partial retention of wages, for which insurance contributions were not charged.

Not excluded additional paid days off to care for disabled children.

If the billing period has been fully worked out, then the actual number of days in the years of the billing period should be included in the calculation. For example, when calculating child benefits in 2018, with a fully worked out calculation period, 731 days should be included in the calculation: 366 days in 2016 and 365 days in 2017.

Actions of an accountant when calculating child care benefits for children up to one and a half years old

Action 1: determine the amount of payments for the two years preceding the year the benefit was calculated.

Step 2: determine the average daily earnings in the same way as determining the average daily earnings for calculating maternity benefits.

Step 3: compare average daily earnings with the minimum and maximum amounts.

Step 4: multiply average daily earnings by 30.4 days.

An example of calculating child care benefits for children up to one and a half years old

Immediately after maternity leave, the employee provided the necessary documents to assign her child care benefits for up to one and a half years.

We will determine the amount of child care benefits for children up to one and a half years old, based on the average daily earnings of 1,549.23 rubles.

Solution

The benefit will be:

1,549.23 x 30.4 x 40% = 18,838.64 rubles.

Please note that it is imperative to compare the amount of the calculated benefit with the amount of the benefit calculated from the maximum (based on the maximum base for calculating insurance premiums) and minimum values ​​(based on the minimum wage).

An example of calculating benefits when the employee was on maternity leave during the billing period and worked part-time

Engineer Bulkina N.V. has been working at Krug LLC since 2008.

On January 1, 2017, she went on maternity leave, and from May 21, 2017, on maternity leave for up to one and a half years. Bulkina started working part-time on October 1, 2017. And from February 1, 2018, she again goes on maternity leave (continues what she started on May 21, 2017).

In this case, child care benefits will have to be calculated based on the new billing period. Since the case occurs already in 2018. Accordingly, we will include the years 2016 and 2017 in the calculation.

What needs to be excluded from the calculation:

• the period of maternity leave, from January 1, 2017 to May 20, 2017, which fell in 2017,
• time to care for a child up to one and a half years from May 21 to December 31, 2017, regardless of the fact that Bulkina worked part-time from October 1, 2017 to December 31, 2017.

BUT! Salaries for the period from October 1, 2017 to December 31, 2017 should not be excluded, since insurance premiums were calculated on it!

In the online course “Salaries. Average earnings" - you will learn how to correctly calculate average earnings in all possible situations, including when paying benefits.

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“How long do you need to work to get maternity benefits?” is a pressing question for all expectant mothers.

According to Art. 255 of the Labor Code of the Russian Federation, all women have the right to social benefits, regardless of whether they work or not.

However, when calculating the amount of social guarantees, a number of factors are taken into account, including the length of work experience.

Let us consider each case separately in detail.

In legal terminology there is no concept of “Maternity leave”. This is what we say when a woman plans to take maternity leave or parental leave before the child reaches the age of 1.5 years (3 years).

The right to go on maternity leave is granted only to working women.

The entire period of incapacity for work is 140 calendar days (in case of pregnancy with more than one fetus - 194 days, in case of complicated childbirth - 156 days), payment of social insurance benefits is provided.

An employee working part-time is provided with the same rights and guarantees as an employee working in one place.

It should be clarified that a one-time maternity benefit is paid to employees working in several organizations, at all places of work where an employment contract was concluded.

As for monthly payments, they are made only at the main place of work.

Every woman is entitled to maternity benefits in 2019. Among them:

• officially employed;
• received the legal status of unemployed;
• female students;
• military personnel.

Unemployed women who have not confirmed their social status with the employment service are not entitled to maternity benefits.

Leave granted to care for a child can be used by employed citizens (father, grandmother, grandfather or other relative).

A woman’s insurance experience does not affect the fact of receiving benefits, it affects its size.

Since when calculating maternity benefits, the two previous calendar years are taken into account, we can say that this insurance period is quite sufficient. The size of wages also plays a significant role.

If a pregnant woman’s work experience is 2 years, before the year of pregnancy, the amount of her one-time benefit will correspond to 100% of the average salary. The monthly benefit amount will be 40% of the average salary.

There are cases when a woman has worked only partially for 2 pay years, then the question arises: “How are maternity pay calculated if she has worked for less than 2 years?”

If the total work experience is less than 2 years (less than a year), the calculation is also based on the average salary.

If the work experience is less than 6 months, the amount of the benefit will be calculated based on the minimum wage (in 2019 - 11,280 rubles).

Unemployed women who have confirmed their status with the employment service can count on payments based on the amount of unemployment benefits.

According to the labor code, in case of unofficial employment, maternity leave is not paid.

This situation can be corrected in several ways:

• independently make contributions to the social insurance fund;
• confirm your unemployed status.

Independent deduction of insurance contributions to the Pension Fund involves the payment of a standard or desired amount. Even a one-time deduction gives a woman the right to receive maternity benefits. To apply for benefits, you must contact the FSS.

Having received official unemployed status, a woman will receive monthly unemployment benefits until she goes on maternity leave. In this case, a minimum amount of maternity payments is provided, based on the minimum wage in a particular region.

Calculation examples

A woman’s monthly salary is 25,000 rubles.

Before becoming pregnant, she worked for a full 2 ​​years. There are no deductible periods, singleton pregnancy, and childbirth was without complications.

Calculation of one-time benefit:

• salary – 25,000 rubles;
• settlement period – 24 years (24 months);
• number of days in the billing period – 730 (in a leap year – 731);
• vacation period – 140 days.

(25,000 * 24)/730*140 = 115,068.49 rubles.

Calculation of monthly benefits. P = SZ × 30.4 × 0.4, where:

• P – amount of monthly benefit;
• C3 – average daily wage based on the two previous years;
• 30.4 – (365 days/12 months).

(25000*24)/730*30.4*0.4 = 9,994.52 rubles.

If the work experience is 1 year (1.5 years), the calculation is based on the average salary.

(25000*24)/730*140 = 115,068.49 rubles – one-time benefit.

(25000*24)/730*30.4*0.4 = 9,994.52 rubles. – monthly allowance.

If the experience is less than 6 months

If a woman’s work experience is less than 6 months, the calculation will be made based on the minimum wage - 7,800 rubles.

(7800*24)/730*140 = 35 901,36

Monthly allowance:

(7800*24)/730*30,04*0,4 = 3081,36

If you have official unemployed status, maternity benefits will be calculated taking into account the minimum amount of unemployment benefits (850 rubles):

(850*24)/730*140 = 3912.33 rubles.

The monthly benefit will be:

(850*24)/730*30.04*0.4 = 335.78 rubles.

Benefit limit in 2019

If your income is too high, the amount of maternity benefit is limited to certain limits.

The maximum base for calculating insurance premiums in 2017–2019 is 755,000 rubles, in 2016 – 718,000, in 2015 – 711,000.

Thus, if a woman went on maternity leave in 2017, having worked 2016 and 2015, and her total income for these 2 years amounted to an amount higher than indicated, the amount of maternity leave will be calculated as follows:

(711000+718000)/730*140 = 274,054.79 rubles.

The amount from the calculation is paid in a lump sum and is relevant only if the woman was not on maternity leave or sick leave in 2015 and 2016.

In the event of an extended maternity leave, the amount of the benefit will be calculated based on the period indicated on the sick leave certificate - 156 or 194 days.

The minimum amount of maternity leave is paid to a certain category of women:

• working less than 6 months;
• officially unemployed.

In the first case, the benefit is calculated based on the minimum wage; in the second case, the calculation base will be unemployment benefits.

The law regulates the minimum amounts of maternity payments:

• for the first child – 3065.69 rubles;
• for the second child – 6131.37 rubles.

Neither the Social Insurance Fund nor the employer has the right to pay benefits of the following amounts.

If several children are born at the same time, payments increase. For example, at the birth of twins, the minimum amount of maternity leave will be calculated as follows:

3065,69+6131,37 = 9 191,06

Full-time students can count on receiving maternity benefits on a paid or budget basis.

The payment amount is set at the amount of the scholarship at the time of leaving the academic leave.

Part-time students are not entitled to social benefits for pregnancy and childbirth.

Is study included in the experience?

Studying at a technical school or university does not count as work experience. The exception is cadets of educational institutions belonging to the Ministry of Internal Affairs of Russia and the Ministry of Defense of the Russian Federation.

In this case, the insurance period is accrued from the moment the cadets are enrolled in the university.

If a woman goes on maternity leave, the employer is responsible for timely payment of benefits.

The period for transferring funds is regulated by law and is 10 days from the date of the copyright holder’s request.

If a woman applies for maternity benefits after 6 months, the benefits will be paid by the social insurance fund. The reasons for missing the deadline for applying for benefits must be valid.

In the absence of insurance experience, the payment of unemployment benefits and maternity benefits is carried out by the employment center.

Conclusion

A woman’s lack of insurance coverage does not deprive her of the right to receive benefits. The amount of payments depends solely on the following factors:

• length of work experience;
• salary amount;
• duration of vacation;
• current minimum wage;
• maximum base for calculating insurance premiums.

It is important for employers to understand how maternity benefits are paid. The calculation process and compliance with the requirements prescribed by law are the basis for the peace of mind of every manager. Pregnant employees must clearly understand what rights they have and be able to competently defend their interests. Women must understand what the benefits they are entitled to consist of and where to receive them. During pregnancy and subsequent care for a newborn, additional financial support will not be superfluous, and knowing your rights will protect you from dishonest employers.

Maternity leave: what is it?

Very often, the word “maternity leave” means completely different concepts. In this article it is used to refer to maternity leave. In most cases, the word “maternity leave” is used to refer to the period of motherhood (from the birth of a child until he reaches the age of three). For women “in a position,” the law provides for two types of payments: maternity benefits (hereinafter in the article – the BR benefit) and child care benefits (hereinafter – the SD benefit). They correspond to the types of recreation that are enshrined in Articles 255 and 256 of the Labor Code (hereinafter referred to in the article as the Code). Understanding the essence of these payments will help you navigate the calculations more easily.

Who does the law reserve the right to receive benefits?

The guarantee of financial support for a woman during pregnancy is established in laws No. 81-FZ of May 19, 1995 (hereinafter in the article - Federal Law No. 81) and No. 255-FZ of December 29, 2006 (hereinafter - Federal Law No. 255), as well as in the Code. In accordance with them, the following categories of citizens can apply for BR benefits:

• women carrying out activities on the basis of an employment contract,
• students studying full-time at universities, secondary or vocational educational institutions,
• women who lost their jobs due to the liquidation of the employer (company or individual entrepreneur) or layoffs in the organization.

In addition to maternity payments, which are given to pregnant women in a lump sum, there is also the possibility of financial support in the period until the child turns one and a half years old. In this case, the law expands the circle of persons who can claim funds. The following have the right to receive UR ​​benefits:

• citizens of the Russian Federation, including those who live in the territory of other countries in connection with official duties (with prior agreement of the parties on the fact of payments),
• foreigners, refugees and stateless persons, provided that they permanently reside in the country,
• persons without citizenship or foreigners who are in the territory of the Russian Federation temporarily, subject to compulsory insurance.

The legislation provides the right to choose the person who will care for the newborn until he reaches the age of one and a half years. After the mother's BR leave ends, she can decide whether to take UR leave. A woman has the right to return to work. The responsibility for caring for a newborn can be performed by one of the close relatives or legal guardians, and this period can be divided among several family members.

What determines the amount of payments due?

The amount of maternity leave depends on two factors - the duration of the vacation and the average daily earnings. It is determined taking into account the presence or absence of complications, as well as the number of expected children. Articles 255 and 257 of the Code contain the main rest periods that a pregnant woman can take advantage of. The minimum number of days is 140 (if one child is expected, the process is without complications), the maximum is 194 (multiple pregnancy with complications).

Using a special formula, you can find out the size and understand how to calculate (the calculation procedure is in Article 14 of Federal Law No. 255). With the increase in the minimum wage in 2015 to the level of 5,965 rubles, the amounts of permissible minimum and maximum payments changed. For a vacation that lasts 140 days, the maximum amount of maternity leave is now 228,603.2 rubles, the average daily earnings is 1,632.88 rubles. equal to 27,455.34 rubles, average daily earnings - 196.11 rubles.

The amount of the SD benefit is also fixed. Cash is paid every month for one and a half years after the birth of the child. It is worth noting that the amount of 50 rubles is paid every month until the age of three and is also compensation (paid by employers or social security). Unemployed family members, students and those who have been laid off can receive benefits from the social security department. Its size is:

• 2,718 rubles – for the first child,
• 5,437 rubles – for each additional person,
• 10,873 rubles is the maximum payment if there are several children under one and a half years of age.

For women who worked under an employment contract, the amount is 40 percent of the average monthly income for the last two years (when calculating for 2015, income of 2013 + 2014 is taken). The calculation rules are contained in Article 14 of Federal Law No. 255. For 2015, the maximum allowable monthly amount for workers is 19,856 rubles. When receiving SD benefits for several children, it is necessary to sum up its amount. It cannot exceed the average earnings, which is taken for calculation.

Procedure for paying benefits to a woman who does not work

For a non-working woman, the law also guarantees a benefit in the amount of 14,497.80 rubles (at a time of birth). Women are entitled to receive a monthly allowance (the amount depends on the region) if they meet the following conditions:

• undergo full-time studies at higher, vocational or secondary technical educational institutions,
• are registered with the Employment Service (Employment Service) as persons who have lost their jobs due to downsizing or liquidation of the company, or termination of the activities of individual entrepreneurs.

The process of applying for benefits for this category of women begins with an application to the place of registration or study with a request for the required payments. Among the documents required to provide:

• statement,
• sick leave from a medical institution,
• work book or extract with a note about the last place of work,
• certificate of registration as unemployed, which is issued by the SZ.

Seniority and maternity leave

Work leave is included in the total length of service and continuous work experience, as well as in the length of service in the specialty. The exception is cases when the old-age insurance pension is assigned earlier than the established time (early assignment). BR leave must also be included in the length of service. Confirmation of the information provided can be found in Article 256 of the Code.

The insurance period - the length of time a woman has worked under an employment contract - affects the amount of payment, but not the very fact of providing funds. A pregnant woman must receive the financial support she is entitled to. By law, employees whose work experience is less than six months receive a BR benefit in the amount of no more than the minimum wage established for 2015 (5,965 rubles - it was introduced on January 1, 2015). In this case, the total must also take into account regional coefficients (the minimum wage is used taking them into account, part 3 of article 11 and part 6 of article 7 of Federal Law No. 255).

What else do you need to know about payments?

A woman can use the right to receive BR benefits after the end of maternity leave, but no later than six months. If a pregnant woman was employed in several places of work (in addition to the main one there was a part-time job), then payments (BR benefits) are calculated for her in each organization. Thus, a woman can receive an amount exceeding the maximum threshold. This is not prohibited by law. The BR benefit is issued in a lump sum and in full on the next payday (dividing the amount by month is prohibited).

Since 2015, an important condition for receiving benefits under the SD is its registration before the child reaches the age of two. In this case, the funds due will be paid for the entire period. Simultaneous receipt of unemployment benefits and UR benefits is not allowed. You must choose one of them. If the terms of leave for BR and UR coincide, a woman must decide which benefit she will receive (only one is allowed).

If the person caring for the child studies or works from home, then it is allowed to receive benefits and additional earned funds (for example, scholarships, etc.). Funds under the UR can be received after the completion of the leave under the BR. The period for processing documents by the employer or the social security department is 10 days. After this, the money must be transferred on the due date for payment of the salary. Social Security pays benefits through a bank (to an account, bank transfer only) or Russian Post (transfer). SD benefits can be provided in one of the following ways:

• in advance - payment for the coming month (in March for March, etc.),
• next month, that is, the benefit for March will be paid in April along with the salary for March).

Can a husband receive maternity benefits? In a situation where a woman does not work and her husband provides for the family, the law also provides for certain payments. Maternity leave is not included among them for objective reasons. BR benefits are paid only to insured women performing work under employment contracts. At the same time, the father can receive UR ​​benefits on a monthly basis.

About the rules for registering maternity leave for the father in this article:

Labor law clearly regulates the relationship between employers and employees. In case of pregnancy, women are given the opportunity to concentrate on the upcoming event. For them, the law guarantees job retention and financial support. Employers or the state are obliged to pay benefits to employees.

The birth of a child is a crucial moment, a serious approach to which is necessary. Knowledge of the rights granted will help to competently organize the upcoming event from the perspective of labor legislation. Understanding how maternity benefits are paid is important for both employees and employers. Comprehensive information will allow the manager to quickly resolve all issues regarding benefits and temporary replacement for a pregnant woman. Women will be able to understand the basic principles of going on leave, receiving benefits and further interaction with the employer.

Let's look at what each of the payments represents.

Maternity benefit (M&B)

By law, an employed woman can go on maternity leave when her pregnancy reaches thirty weeks. If the ultrasound shows not one child, but twins, then the time for going on vacation is moved forward by two weeks. From now on, the pregnant woman can stay at home, and her salary is replaced by maternity benefits.

But not only employed people are entitled to maternity benefits. Those who lost their jobs due to the liquidation of an enterprise, full-time students, and contract military personnel can also apply for money from the state. In addition to pregnant women, this benefit can be applied for by adoptive parents who belong to the categories listed earlier.

Payments for childbirth will not be made if a woman has left one maternity leave for another and is already receiving money to care for her first child. You can only choose one of the payments. It is convenient to compare which benefit will be higher in cost using a maternity benefit calculator.

Also, you should not count on financial assistance if you refuse to go on maternity leave in favor of a job. The accrual of benefits will begin only after the application for leave has been written.

Maternity benefits will be paid by the employer or the social security department. To complete it, you must write an application accompanied by a maternity sick leave certificate. You can get the latter at the antenatal clinic. It is issued at thirty or twenty-eight weeks of pregnancy.

To calculate maternity benefits, you will be required to present a certificate of average earnings from all employers if you are registered with several organizations. Documents can be provided in person or sent by email.

The maternity benefit is paid in full, which is why it is a one-time benefit. For working women, the benefit is transferred to the card along with the next salary, for non-working women - by mail or to a bank account before the 27th day of the month following the one in which the application was written.

The calculation of benefits is determined by the employment option. For workers it is equal to the average earnings, for those who lost their jobs due to liquidation - 613.14 rubles, for female students - the amount of the scholarship, for contract workers - the amount of monetary allowance. However, if you work at the place from which you are going on vacation for less than half a year, then the amount of payments is limited to the minimum wage.

The minimum value of payments in 2018 is the minimum wage, and the maximum is limited to: 282,106.70 rubles. - during normal childbirth; RUB 314,347.47 - during complicated childbirth; RUB 390,919.29 - during multiple pregnancy.

Read more about payment of child benefits

Question and answer

Can the child's father receive a BiP?

The father and other family members cannot, since this benefit is intended only for women.

What is the application period?

It is better to apply for benefits immediately upon receipt of a sick leave certificate at the consultation. There is no need to delay, since the period is limited when the child reaches six months of age.

When do you receive benefits?

Benefits are paid either until the 27th of the month following the application, or on the day of salary.

To calculate, you need to calculate the average income for the last two years and multiply it by the number of days of maternity leave (140/156/194 days). You can also do this using our calculator.

Salary for what period is taken into account in the calculation and does this period include sick leave and vacation?

Income for the two years preceding the decree is taken into account. For example, if you went on maternity leave in 2018, your income for 2016 and 2017 is averaged. Vacations are also included in the calculations. The exception is sick days and maternity and child care leave. In the case when one maternity leave follows another without going to work, this period can be replaced in the calculation by other years when wages were calculated.

Is it possible to fire a pregnant woman and where can she apply for payment if the company goes bankrupt?

If you are in a position, then you can be fired only in case of bankruptcy and liquidation of the organization, but the benefits will still be paid. To do this, you need to submit an application and the necessary documents to the social security authorities, having the relevant certificates in hand.

How are maternity benefits calculated if a woman worked two jobs?

When combining benefits during the two years preceding the maternity leave, both employers are required to pay benefits.

How will benefits change if I worked part-time?

If a woman worked part-time before maternity leave, the benefit will also be half as much as if she worked full-time.

Is there a benefit if a pregnant woman is studying at a university?

For full-time students, benefits are calculated based on the amount of the scholarship.

Where should the unemployed go?

Payments of benefits to unemployed pregnant women are carried out by social protection authorities.

Birth benefit

If maternity payments are issued and accrued even before the child is born, then this payment can only be received after his birth. The benefit is provided to either parent and is a one-time payment. If you have not one, but two or more children at once, then the amount is allocated to each of them. In case of accidents when a child is stillborn, it is not paid.

Today the minimum payments are 16,350.33 rubles. The amount may increase by multiplying by the regional coefficient, depending on the area of ​​residence. This payment does not depend on income, length of service and other factors.

To receive the money owed, you must contact the accounting department at your enterprise or the nearest FSS department with a corresponding application. You will be asked to attach to it a birth certificate, which is issued upon discharge from the maternity hospital, and a certificate stating that the child’s father did not formalize the payment. When applying to the social security service, unemployed people also need to have with them an extract from their work record book, if available.

Read more about applying for benefits for the birth of a child.

Question and answer

When should I apply for benefits?

The application and certificates must be submitted no later than the child turns six months old.

When should benefits be paid?

The payment is transferred no later than ten days after writing the application or before the 27th of the next month.

How are maternity benefits calculated at the birth of a child?

The one-time benefit is calculated by multiplying by the basic and regional coefficient, and the number of children born is also taken into account. The calculator will help you calculate them quickly and accurately.

If I am unemployed and my husband is employed, can I apply for benefits for him?

Yes, payment to either parent is allowed. But then he needs to provide a certificate stating that you did not receive this money and do not claim it.

Child care allowance up to one and a half years old

As soon as maternity leave comes to an end, the child’s mother or another relative (not necessarily a close one) can take out a leave to care for him, which will last until he reaches the age of 1 year and 6 months. The benefits due to those on vacation are no longer accrued as a lump sum, but monthly. It is intended to replace the wages of a person who sits at home with a baby.

Monthly maternity benefits must be issued before the child reaches the age of two. They are paid after drawing up an application, to which the child’s birth certificate is attached. If you are adopting a child, you will need a certificate confirming this.

Additionally, you must provide a certificate stating that the other parent (or both, if another relative is with the child) does not receive this benefit. If over the past two years you have managed to change your place of employment, then you also need to take a certificate from your previous employer with the amount of your salary. This certificate will be required to calculate the amount of maternity leave. All documents can be submitted not only in person, but also via the Internet.

Within ten days after submitting the documents, you will be assigned a benefit, which will be paid monthly until the baby turns 1 year and 6 months. The payment day coincides with the salary transfer.

This benefit depends on the average income for two years and is 40% of its value. However, options for paying a fixed amount are possible. In 2018, the minimum payments are as follows: for the first child - 3788.33 rub., for the second and subsequent children - 6284.65 rub. per month. The maximum is limited to RUB 24,536.57/month.

Read more about the intricacies of applying for child care benefits for children up to 1.5 years old

Question and answer

Can someone other than the child's mother receive benefits?

In addition to the child’s mother, any relative can take care of the child. For example, if a wife’s salary is higher than her husband’s, then it is more profitable for her to go to work and to arrange maternity leave for her husband.

How are payments calculated?

Monthly payments are calculated as the average daily earnings over the last two years, multiplied by 40% and an indicator of 30.4. The amount of earnings itself cannot be higher than the established control values, which change annually and are recorded in the Social Insurance Fund database. Our calculator allows you to simplify the calculation of maternity benefits online.

What to do if another child is born during maternity?

At the birth of another baby, the mother can choose the benefit that is more profitable for her to receive. Payments for a second child are usually higher, so women often choose this option. This is permitted by law.

Will benefits continue to be paid if I go back to work and maternity leave has not yet ended?

If you work full time, the benefits will stop being paid. However, you can shorten it by just a couple of minutes, and the benefit will remain, since the law does not stipulate how long the shortened shift should last. There is only a minimum limit of 4 hours. This scheme is only possible when the benefit is paid by the same employer you work for.

How are maternity pay calculated when working two jobs?

You are entitled to payment from only one employer. From whom exactly, you choose yourself. Also take a certificate stating that the benefit was not paid elsewhere.

What to do when liquidating a company?

You must apply for benefits to the social security authorities.

Here is an excerpt from Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”

Article 11.1. Conditions and duration of payment of monthly child care benefits

1. A monthly child care benefit is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on parental leave, from the date of granting child care leave until the child reaches the age of one and a half years.
2. The right to a monthly child care allowance is retained if the person on parental leave works part-time or at home and continues to care for the child.
3. Mothers entitled to maternity benefits, during the period after childbirth, have the right, from the date of birth of the child, to receive either a maternity benefit or a monthly child care benefit, offset by previously paid maternity benefits if the amount of the monthly Child care benefits are higher than maternity benefits.
4. If a child is cared for by several persons at the same time, the right to receive a monthly child care benefit is granted to one of these persons.