By whom and how are maternity benefits paid?

For women who work, military or students, the specified support is issued at the place of employment, at the place of training military service or at the place of study. The rest will receive funds through the authorities social protection, if you quit for several reasons.

1. Due to an illness that makes it difficult to perform work duties or because of which it is impossible to stay in these climatic zones. Confirmed by a medical certificate.
2. Due to the illness of a family member who requires care or the presence of a Group I disability. Confirmed by a document from the clinic.
3. Due to the need to move to the spouse’s place of residence or to the place of his new job.

Maternity benefit payment process

When maternity benefits are paid at work: when applying for maternity leave, you need to take into account the time given to provide documents. This period is six months from the end of the vacation. For officially employed workers, maternity leave is paid by the employer. He is obliged to calculate the full amount within 10 days and pay it on his first salary. The fund, in turn, will fully reimburse the funds to the employer.

If a woman has worked part-time at two enterprises over the past two years, then both employers will pay her maternity benefits.

If a woman finds herself unemployed due to the liquidation of a company or its downsizing, and also registers with the employment center no later than 12 months from the date of dismissal from her last job, then the state pays maternity benefits. She will receive benefits from the social security authorities no later than the 26th day of the month following the month in which the documents were provided.

Necessary documents for applying for benefits

Women with unemployed status provide the following documents:

• application for benefits;
• certificate of incapacity for work;
• work book or extract from it;
• a certificate confirming your unemployed status;
• Bank details.

1. A certificate from the clinic about registration, which indicates the gestational age of up to 12 weeks. Based on this, benefits will be paid when registering in the early stages of pregnancy. Since February 2017, its amount is 613 rubles. 14 kopecks It is paid along with the basic benefit and within the same terms.
2. Application for leave and benefits.
3. Sick leave.
4. Certificates of average salary, subject to official employment in several companies in the last two years.

If the average salary is less than the minimum wage (SMW) or the woman’s total insurance period is less than six months, then the amount of maternity leave is calculated according to the minimum wage indicator. Before July 1, 2017, it was 7.5 thousand rubles, from July 1, 2017, it was 7,800 rubles. From May 1, 2018 - the minimum wage is 11,163 rubles.

How to calculate the amount of maternity benefits

The amount of payments is directly related to the number of days of maternity leave. It usually lasts 140 days. If the pregnancy is multiple, then 194 days. If the birth is complicated, 156 days are given for leave.

The amount of maternity leave is calculated according to the formula: multiply the average daily income by the number of vacation days.

The average daily salary is calculated as follows: the salary for the previous two years is added up and divided by 730, if one year of the period is a leap year, then by 731.

Minimum maternity benefits in 2018 will be:

• at 140 days – 35901.37 rubles;
• at 156 days – 40,004.38 rubles;
• at 194 days – 49,749.04 rubles.

Maximum maternity benefits in 2018 will be:

• at 140 days – 282,493.15 rubles;
• at 156 days – 314,778.08 rubles;
• at 194 days – RUB 391,454.80.

• • from May 2018 – RUB 51,380.

Those officially employed will be paid the full amount within 100% of the average salary. Full-time students are entitled to assistance according to the amount of the scholarship. For the military, the amount of benefits directly depends on the amount cash payments.

The employer does not pay benefits

If the company refuses to pay the money, the employee must contact:

• labor inspectorate;
• the prosecutor's office;

Any of these authorities is obliged to consider the complaint and take the employee’s side, since the employer is obliged to pay the required maternity benefits if sick leave provided and maintained for a period of 6 months.

Based on the results of the inspection, regulatory authorities have the right to impose a fine on both the organization and executive.

Sometimes, some companies find themselves in difficult financial situation. Under such circumstances, a transfer scheme has been developed Money the fund within 10 days after receiving the application from the company and providing the full package of documents.

FSS refuses to reimburse benefits

The fund specialist may refuse in writing in certain cases.

1. If a recently hired employee applies for funds. According to labor law, a company has no reason to refuse to hire a pregnant woman, but it should know that fund specialists will have questions. To understand the situation, the fund will study additional conditions and the circumstances surrounding the employment of such employee. Check whether the employee’s qualifications correspond to the position, compare the salary of other employees with her salary, compare the time of existence of the vacancy.
2. If the salary of such an employee was significantly increased by Lately. After considering the circumstances of the salary increase, the Social Insurance Fund will make a final decision and, if the circumstances are not compelling, the payment can be made by calculating it from the previous salary.

Whenever controversial situations, during which a woman’s rights to receive maternity benefits are infringed, it is necessary not to hesitate and immediately contact the authorities. This must be done no later than three months from the date of the violation.

In 2020, the minimum amount of maternity benefits for a normal pregnancy from one employer will increase to 55.8 thousand rubles, and the maximum - 322.2 thousand rubles. (with a vacation of 140 days). You can read how to calculate maternity benefits in 2020 and write an application in this article (with examples). Personal income tax is not withheld from pregnancy payments.

Maternity benefits are not paid to non-working/unemployed citizens.

Maternity benefits

Maternity benefits are paid in total for the entire vacation (maternity leave) lasting:

• 70+70 calendar days (before childbirth + after childbirth);
• 70+86 calendar days in case of complicated childbirth;
• 84+110 calendar days for the birth of two or more children.

Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used before giving birth, for example, the next leave.

Working For women subject to compulsory social insurance, maternity benefits are set at 100% of average earnings. According to the norms of Federal Law No. 255, from January 1, 2011, average earnings are calculated for the two calendar years preceding the year of maternity leave.

Amount of maternity leave in 2020

The amount of maternity payments cannot be less than 55.8 thousand and more than 322.2 thousand rubles for 140 days of vacation. Let us explain: the benefit amount is calculated by multiplying average daily earnings women by the number of vacation days, while

maximum amount Average daily earnings are limited. It cannot exceed the value determined by dividing the sum by 730 limit values base for calculating insurance premiums for the two calendar years preceding the year of maternity leave (Part 3.3 of Article 14 of Law No. 255-FZ).

The law states that we divide by 730 (regardless of whether the periods fall on a leap year), i.e. when going on maternity leave in 2020, the maximum amount of average daily earnings will be (815,000 + 865,000) / 730 = 2,301.37 rubles. To calculate max. size of the payment, the resulting amount should be multiplied by the number of vacation days. To calculate, you can use the maternity benefits calculator.

A woman with less than six months of insurance coverage is paid maternity benefits in the amount of the minimum wage (minimum wage) for every month of vacation. Since January 2020, the minimum wage is 12,130 rubles. The insurance period includes all periods during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity.

Recipient categories

Dismissed due to liquidation organizations, maternity benefits are set at 655.49 rubles per month. To do this, you must register with the employment center within 12 months from the date of dismissal.

Note!
The specified benefit amount will be indexed from February 1, 2020.

For the unemployed For mothers, maternity benefits are not provided, since this is compensation for earnings that the expectant mother does not receive due to going on maternity leave. But a non-working mother does not have such income.

Maternity leave for individual entrepreneurs possible if they are in voluntary social insurance for individual entrepreneurs in the FSS (social insurance fund) and have paid contributions for the year preceding the year of maternity leave.

Necessary documents for applying for maternity benefits:

• Sick leave from the antenatal clinic;
• Certificate of income from previous place of work (if available) length of service from other employers for the pay period).
• If you were fired due to the liquidation of the company, your benefits need to get in Social Security, but to do this you need to register with the employment center.
• If the employer cannot pay maternity benefits (there is no money in the account), the benefit is paid by the territorial body of the insurer (see the name of the insurance company on your compulsory medical insurance policy).

Deadlines for applying for and paying maternity benefits

Apply no later than six months from the end of maternity leave. The benefit is assigned within 10 days after all documents are submitted.

Pay attention to other child benefits that are established by Federal Law No. 81-FZ “On State Benefits for Citizens with Children”

as well as the norms of the Tax, Labor and Civil Codes.

Regardless social status mother receives financial support from the Social Insurance Fund, the enterprise where she works, educational organization or the Social Security Administration.

Maternity benefit

There is no legal concept of maternity leave. The legislation provides for maternity leave (Maternity leave) and parental leave for children up to 1.5 and 3 years.

Collectively, they are usually called maternity leave, and benefits provided to parents at the birth of children are called maternity payments. What payments are due when going on maternity leave?

At 30 weeks of pregnancy, and in some cases earlier, the mother takes out maternity leave or maternity leave. It is drawn up on the basis of.

Another one important feature: only the mother who gave birth or adopted the baby less three months From birth can receive this type of financial assistance. Dad is not entitled to it. But the husband and father can receive other maternity payments. See which ones and how to arrange them.

The amount of maternity benefits will depend on the length of leave and the amount of salary.

As a rule, there may be several options for the length of vacation:

1. Standard 140-day vacation.
2. 70 days before and 86 days after for complicated childbirth.
3. 84 days and 110 after birth - when two or more offspring are born.

Depends on the number of days of sick leave. For the days of vacation, the woman will receive the corresponding cash accruals - the average salary in full. To calculate the amount of maternity leave, a calculation period of 2 calendar years preceding the maternity leave is taken.

Knowing the calculation rules, it’s not at all difficult.

The minimum amount of such benefit is 43 thousand 65 rubles. In this case, the mother’s insurance experience and the minimum amount of earnings in the region are taken into account (it cannot be less than 9 thousand 489 rubles).

The BIR benefit is paid in a lump sum after submitting a package of documents to the employer on the next day of salary transfer.

In addition to the BIR benefit, working mothers can receive a lump sum payment.

It is 628.47 rubles. Paid together with maternity benefits.

Those who are not working are not entitled to these benefits. general rule. Exceptions are:

1. Full-time students of higher and secondary specialized educational institutions.
2. Those who lost their jobs as a result of bankruptcy and liquidation of the company.
3. Individual entrepreneurs, as well as notaries and lawyers who pay insurance premiums to the Social Insurance Fund.

It is worth noting that upon liquidation of an enterprise, all maternity payments due to employees are retained in full.
See more details.

Monthly benefits

In addition to the above categories, these payments can be received by wives of military personnel and full-time students.

The state also provides maternity benefits for up to 3 years for both working and non-working women.

Their size is minimal and amounts to 50 rubles per child per month, regardless of the mother’s social status.

For more information on the procedure for applying for maternity benefits, see.

Putin's payments

From January 1, 2018, new children's benefits appeared, as well. IN general outline information about them is as follows:

1. Families in which the income for each family member does not exceed one and a half times the amount can apply for them
   living wage established in the region of residence.
2. Benefits are paid for the first and subsequent children born after January 1, 2018.
3. Payment terms are limited to the age of the child up to one and a half years.
4. The amount of financial assistance is equivalent to the regional subsistence minimum.
5. Money for the first-born is paid out of the Social Insurance Fund, and for the second and subsequent children, parents can use maternity capital funds.

The role of the Social Insurance Fund in the transfer of funds

Social insurance and maternity benefits are closely related. As a rule, all types of financial assistance are paid either by the employer or the social security authorities based on the documents provided by the applicant.

After which all amounts paid are compensated to the organization by the Social Insurance Fund (SIF).

The applicant can contact the FSS directly only in exceptional cases:

• if the applicant’s region of residence is included in the pilot project of direct FSS payments;
• if the employer refuses to pay.

In the first case, documents confirming the right to pay benefits are handed over to the employer, and only an application for payment and details for transferring funds are sent to the Social Insurance Fund.

In the second case, you must first go to court with a claim against the employer, and after the court’s decision, along with other documents, apply directly to territorial office fund to receive payments.

The FSS transfers money within ten calendar days. Monthly payment transferred to the account from the 1st to the 15th every month.

Taxes

These rules do not apply to the standard newsletter; it is reflected in income documents.

Monthly contributions received by a guardian for a son or daughter under one and a half years of age are considered income and are included in total income families (Federal Law 44 “On the procedure for recording income and calculating the average per capita income of a family and the income of a citizen living alone for recognizing them as low-income and providing them with state social assistance”).

Thus, get a certain financial support Any woman who decides to become a mother has the right, regardless of whether she officially works or not.

To do this, you need to write an application and attach medical documents to it, as well as a bank account statement.

10 minutes to read.

Maternity benefit (Maternity benefit) - maternity benefits. This is the money that the expectant mother receives shortly before the birth of the child. She is paid leave according to BiR. It is also called maternity leave, and it is not the same as parental leave.

Maternity benefits are accrued 70 days before childbirth and 70 days after. For multiple pregnancies or births with complications, the leave period is longer. For example, when twins are born, they pay not for 140 days, as usual, but for 194: 84 before birth, and 110 after.

• Art. 255 TK;
• Art. 8 No. 81-FZ.

The amount of the benefit is calculated taking into account the woman’s status. To calculate the average salary, stipend, monetary allowance or minimum wage.

If a woman officially worked before going on maternity leave, then they calculate it as follows: Income for 2 calendar years / Number of days in this period × Number of days of maternity leave

The benefit is calculated in the accounting department, and then checked by the Social Insurance Fund. If the woman did not have official work, then no payments are due. But there is other assistance - for example, one-time assistance at birth or for child care. They can be obtained in any case, even without official work.

Monthly payments during maternity leave

Now multiply the resulting average daily earnings by the number of days of maternity leave:

• normal birth – 140 days;
• complicated – 156 days;
• multiple pregnancy – 194 days;
• DP – maternity benefit;
• DDO – days of maternity leave.

In addition to maternity benefits, there are other mandatory payments that have changed since February 1, 2019: One-time payment - for employees who registered before the 12th week of pregnancy from 02/01/2019. She receives the funds at her place of work or study.

If a woman does not work and receives unemployment benefits, she is not entitled to benefits.

Also, the mother can choose one of the types of transfers (for pregnancy or for care), which she will receive if she becomes pregnant again while on maternity leave.

The amount of payments is 40% of the average earnings for the previous two years before the maternity leave. It should be taken into account that the minimum amount is 4,512 rubles for caring for the 1st child, as well as 6,284.65 for the second and subsequent ones. The maximum payment amount in 2019 is 26,152.27 rubles.

Therefore, a working mother will receive 40% accrual at her place of work (service), and a non-working mother will receive minimum payments at her place of study or in the benefits department social payments your area.

The calculation period is the same as when calculating maternity benefits - the total number of calendar days minus the periods not taken into account.

In addition to paying money for maternity leave, the state provides a one-time payment at birth. Its size in 2019 is 16,870 rubles.

There is also a one-time fixed payment for expectant mothers who registered with the housing complex before 12 weeks in the amount of 643.67 rubles. (for 2019).

To receive the accrual, the employee must submit to the accounting department a certificate from the antenatal clinic indicating registration. The amount is transferred along with accruals for labor and employment if the employee submits the documents necessary to receive maternity pay.

If the above-mentioned certificate is submitted late, the employee will receive the money within 10 days from the date of submission to the place of work.

The funds are paid from the Social Insurance Fund, therefore, if a pregnant woman is individual entrepreneur and pays insurance premiums for herself to the Social Insurance Fund, she can also receive a payment.

Who is entitled to maternity benefits

The right to payments under the BiR are those employed by employment contracts girls; as well as female individual entrepreneurs who voluntarily entered into a relationship with the FSS of the Russian Federation according to compulsory insurance in connection with maternity (clause 3 of article 2 Federal Law dated December 29, 2006 No. 255-FZ).

The benefit is paid for the entire period of maternity leave. A non-working mother has no right to receive maternity benefits. An employee who, having a certificate of incapacity for work due to pregnancy and childbirth, continues to work for the entire period of work, does not have the right to a benefit.

After all, at this time she is paid a salary, and the law does not provide for the payment of simultaneous disability benefits and wages for the same period. And vice versa: if a woman went on maternity leave, received financial assistance and continues to work in her place, then she will not receive a salary for the entire period of “combining” vacation with work.

The benefit is assigned from the day the employee submits her application for maternity leave. If an employee was put on maternity leave, for example, in December 2018, and she submitted an application for leave on January 9, 2019, then the benefit will have to be calculated from this date, and the calculation period will be 2017 and 2018.

• for normal childbirth – 70 calendar days before birth and 70 calendar days after;
• for complicated ones - 70 calendar days before birth and 86 calendar days after;
• for the birth of two or more children – 84 calendar days before birth and 110 calendar days after.

The benefit is also issued if an employee of the organization has adopted a child. In this case, the doctor issues a sick leave certificate, and the duration of leave is 70 calendar days from the date of birth.

If after the adoption more than 70 calendar days have passed since the birth, then no money is paid. Please note: if a child under the age of three months was adopted by a man, then sick leave is not issued, but leave is provided in connection with the adoption and benefits are paid.

It is calculated in the manner and amount established for the payment of funds under the BiR. When adopting two children, leave is granted for 110 calendar days from the date of birth. When calculating the number of vacation days, holidays must be taken into account.

Money is paid on the basis of a certificate of incapacity for work no later than 10 days from the date of presentation.

The sheet must be presented to the accounting department no later than six months from the date of the end of the leave under the Bank of Russia.

The amount of maternity leave is determined differently than when paying benefits for temporary disability. The difference is that the amount of the employee’s income for two calendar years for which contributions to the Social Insurance Fund are calculated must be divided not by 730, but by the number of days obtained by subtracting from 730 (731, 732 - if the billing period consists of leap years ) days falling within the time period excluded from the calculation.

These are periods of temporary disability, parental leave, etc. Leave without pay is not excluded from the calculation of days.

To calculate the employee's actual average daily earnings, use the formula:

Earnings for two years preceding the insured event, subject to contributions / Actual number of calendar days in billing period(730, 731 or 732) - Number of days excluded from the calculation period = Average daily earnings

Next, the amount of daily earnings must be compared with the maximum possible. This is the amount of average daily earnings that cannot exceed limit base for calculating contributions for the two preceding events insured event year divided by 730.

When calculating maternity benefits, average daily earnings cannot exceed:

• in 2019: (755,000 + 815,000): 730 days. = 2150.68 rub.;
• in 2018: (718,000 + 755,000): 730 days. = 2017.81 rub.;
• in 2017: (670,000 + 718,000): 730 days. = 1901.37 rubles;
• in 2016: (624,000 + 670,000): 730 days. = 1772.60 rub.

Thus, the maximum benefit amount in 2019 will be:

• RUB 301,095.20 – during normal childbirth (2150.68 × 140 days);
• RUB 335,506.08 – for complicated ones (2150.68 × 156 days);
• RUR 417,231.92 – for complicated multiple births (2150.68 × 194 days).

Maternity benefits are not subject to personal income tax and insurance premiums.

The benefit is paid to the insured woman in the amount of 100%, regardless of insurance period, but only if it exceeds six months.

If in the calculation period (one or two calendar years preceding the year of maternity leave) the employee was already on maternity leave or child care leave, the corresponding calendar years, upon application, can be replaced by the previous ones calendar years. There is one condition: if this leads to an increase in the amount of financial assistance (Part 1 of Article 14 of Law No. 255-FZ).

For women who have less than six months of insurance coverage, payments are calculated based on the minimum wage (minimum wage) for labor, taking into account the regional coefficient. Based on the minimum wage, benefits must be calculated even if the employee’s earnings are below the minimum or were not included in the calculation.

From January 1, 2019, the federal minimum wage is set at 11,280 rubles per month. From January 1 to April 30, 2018, the minimum wage was 9,489. From May 1 to December 31, 2018, the federal minimum wage was 11,163.

Maternity benefits based on the minimum wage are calculated by multiplying the minimum wage, which is in effect at the time of leave, by 24 and dividing by 730 (clause 15.3 of the Government of the Russian Federation of June 15, 2007 No. 375). In this case, no periods need to be subtracted.

While when calculating average daily earnings based on accrued payments, excluded periods, which are established by part 3.1 of Law No. 255-FZ, must be subtracted. So, if maternity leave began on January 1, 2019 or later, then the minimum average daily earnings is 370.85 rubles. (RUB 11,280 x 24: 730). Depending on the length of maternity leave in 2019, there will be different minimum maternity payments:

• RUB 51,919 (370.85 × 140 days) – in the general case;
• RUB 57,852.60 (370.85 × 156 days) – for complicated childbirth;
• RUR 71,944.90 (370.85 × 194 days) – in case of multiple pregnancy.

The company pays the entire amount due to the woman, and then can either apply to the Social Insurance Fund for reimbursement of expenses, or offset the amount against the insurance premiums due.

Therefore, inspectors from the fund will definitely check whether the benefit was calculated correctly. If errors are found, then the expenses incurred will not be accepted for offset (clause 3 of Article 11 of the Law of July 16, 1999 No. 165-FZ).

To prevent this from happening, the following documents must be completed to pay maternity benefits:

• an employment contract with an employee who received financial assistance (Clause 1, Article 9 of Law No. 165-FZ);
• completed sick leave;
• staffing table, order for its approval, payroll and pay slips;

• if the employee worked part-time, and the payment was assigned at one of her last places of work, a certificate from the place of work from another employer is needed to confirm that the benefit was not paid there;
• personal statement of the employee for granting leave for employment and labor and payment of benefits;
• if the birth was complicated and the employee brought sick leave for an additional 16 days of maternity leave, the initial application must be rewritten taking these days into account;
• order for granting leave and granting benefits and calculation.

The Social Insurance Fund will pay maternity benefits to an insured woman if the company where she works, among other things, has ceased operations or is in bankruptcy (Order of the Russian Ministry of Labor dated May 6, 2014 No. 291n).

Monthly allowance for child care up to 1.5 years

Despite the fact that care leave can be taken up to 3 years, these payments are made monthly until the baby is one and a half years old. As a rule, maternity leave is granted the day after the end of sick leave for pregnancy and childbirth.

Transfers can be received by any member of the parent’s family (father, grandmother, grandfather), if she herself goes to work. Payments are made even if the mother works part-time or works from home. The money is paid from social insurance funds.

The calculation period is exactly the same as when calculating maternity benefits - the total number of calendar days minus the periods not taken into account.

A small financial reward for women who will be on vacation until the baby is 3 years old is 50 rubles per month and is paid monthly from their place of work.

This payment can be received by any relative of the mother who gave birth, who actually takes care of the child and has taken maternity leave.

Such financial resources are already paid at the expense of own funds the company to which an application will be submitted with a request to transfer accruals.

Legislation

As stated in Art. 255 of the Labor Code of the Russian Federation, the basis for registration of leave under the BiR is a certificate of incapacity for work. According to section VIII Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n “On approval of the Procedure for issuing certificates of incapacity for work”, sick leave for pregnancy and childbirth is issued:

• at 30 weeks for pregnant women with normal pregnancy;
• at 28 weeks if several children are expected to be born;
• for a period of 22 to 30 weeks with premature birth (the minimum duration of sick leave in this case is 156 days);
• in case of termination of pregnancy up to 21 weeks (the minimum duration of sick leave in this case is 3 days, the maximum is the actual duration of disability);
• when adopting a baby under three months of age (only a woman can also count on such sick leave, clause 53 of Order No. 624n).