When are maternity payments made. The timing of the payment of maternity according to the law of the Russian Federation. Maternity leave order

The calculation and payment of monetary amounts for the period of the decree are regulated on the basis of Federal Law No. 81 of 05/19/1995 "On State Benefits to Citizens with Children" and Federal Law No. 255 of December 29, 2006 "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" ...

Who can get it?

An important feature is that maternity allowance can only be received by a woman who later became a mother, it belongs to the following group of persons:

  1. Women working officially.
  2. Unemployed women who are registered at the employment center.
  3. Individual entrepreneurs registered with the Federal Tax Service.
  4. Full-time students of universities and colleges.
  5. Contract women serving in the army.

People who adopt a baby under 3 years of age are also eligible for childcare benefits.

Not only the mother can count on other payments, but also, or any other person who looks after him.

Who credits and pays money?

According to Law No. 255, all benefits related to pregnancy and childbirth must be paid by the employer, not the state.

Subsequently, the Social Insurance Fund returns to the employer the money paid to the employee, subject to the provision of the necessary documents.

Mom's social status affects where financial assistance is received:

  • full-time students are financed from the local budget through the dean's office;
  • registered with the Center for Labor and Social Development are eligible for the BiR benefit. Funds are allocated for their payment from the state budget through the FSS. Also, maternity employees have the right to receive employees who are dismissed;
  • women engaged in small business () are also entitled to receive maternity leave, provided that they are tax registered with the Federal Tax Service and make contributions to the FSS fund. Funding is provided by the FSS.

If the employer refuses to pay maternity money, the woman has the right to file a complaint with the FSS in the area where the employer is located.

Payment procedure and conditions

Pregnancy and childbirth allowance

His woman receives a single amount before giving birth, and not after, and it is charged as follows:

  • the income of a woman on maternity leave is summed up for the last two years;
  • the amount received is divided by the total number of days of these two years (730 or 731);
  • the result of the division is multiplied by 140 (standard sick leave). The resulting number will be the amount for the lump sum payment in the event of pregnancy and childbirth.
  1. Sick leave issued by a gynecologist observing a woman. This document is issued when the gestational age reaches 30 weeks.
  2. Certificate of income from the previous place of work for the previous two years. Required if the woman has worked for another company in previous years.
  3. Application for payment.

Unemployed pregnant women who are registered at the health centerreceive benefits on the following conditions:

  1. From the moment of dismissal or liquidation of the enterprise to 30 weeks of pregnancy, no more than 12 months have passed.
  2. To receive benefits, you need to submit to the social protection authorities a sick leave, a work book with a record of the last place of work and a certificate from the Employment Center that the pregnant woman is registered as unemployed.
  3. The allowance is paid in accordance with the norms established in a particular region for the unemployed (the amount is indexed annually).

A full-time student is paid benefits based on the average scholarship amount of the educational institution where she is listed.

The allowance is also paid in the form of a scholarship. For registration, you only need a certificate from a doctor and a statement.

SP to receive maternity payments, you need to contact the local FSS body with an application, sick leave and a copy of the certificate of state. registration as an individual entrepreneur.

In general, the order of registration looks like this:

  • An employee (unemployed, student, individual entrepreneur) submits the entire package of documents to the employer (FSS, dean's office);
  • The employer (FSS, dean's office) calculates the amount of maternity;
  • The employer (dean's office) submits its calculations to the FSS, from where the money comes to the woman. If there is a delay, the employer pays the money himself, which is then compensated to him from the local budget.

Other payments

When the baby is born, the woman needs to raise money to receive monthly payments and a one-time birth allowance.

The list of documents includes:

  1. Baby's birth certificate.
  2. A certificate from the father's work about the absence of payments to the child on it.
  3. Application for receiving payment.

Otherwise, the procedure for obtaining these benefits is similar to obtaining financial assistance in the event of pregnancy and childbirth.

How is money accrued and paid?

After submitting all the necessary documents to the accounting department, the employer has 10 days to check them and calculate the payments.

Read more about the timing of the payment of benefits under the BIR. The employer is obliged to pay the employee money, even if she continues to work at the enterprise after 30 weeks of pregnancy.

The social security authorities transfer the payment no later than the 26th of the next month.

This benefit is not taxable

Read more about the timing of the payment of financial assistance at the birth of a baby.

Where to apply for receipt?

  • Officially employed pregnant women apply for payments to the accounting department of the organization in which they work.
  • Full-time students can get help in this matter at the dean's office of their educational institution.
  • Temporarily unemployed women who are registered at the employment center and individual entrepreneurs apply for their maternity benefits to the local authorities of the FSS.
  • Unemployed mothers apply for benefits to the social protection authorities.

Nuances

Working women looking to become a mom should be prepared for the next moments:

  • Employers are usually reluctant to hire pregnant women, but they cannot refuse to work for this reason.
  • Payments in the amount of 40% of the salary will be made only for the first one and a half years after childbirth, in the next 18 months the amount of payments will be 50 rubles per month.
  • A woman has the right to leave maternity leave before its end, but only at her own request, the employer has no right to demand this.

Maternity payments for twins

According to the law, women expecting one child can go on maternity leave 70 days before giving birth.

If twins are expected, then this period increases by 27 days, i.e. starts 97 days before delivery.

Accordingly, the billing period will not be 140 days, as in the case of one child, but 194 days, which will slightly increase the amount of the lump sum.

In addition, a woman for a year and a half after giving birth can receive a monthly allowance separately for each baby.

However, the amount of the allowance cannot be more than the average salary in the region. The rest of the mother of twins is entitled to the same payments as the rest.

Any woman, becoming a mother, has the right to receive material assistance. She also needs time to restore her health and take care of the newborn baby.

For happy parents who do not have problems with receiving maternity payments, information about who pays maternity payments - the employer or the state, is interesting insofar as. But there are situations when information about the payer of maternity benefits is practically vital.

In accordance with the law "On compulsory social insurance in case of temporary disability and in connection with motherhood" dated December 29, 2006 No. 255-FZ, the calculation and payment of maternity benefits (maternity benefits and childcare benefits) are carried out by the employer. However, the Social Insurance Fund of the Russian Federation then returns the funds spent by the employer on the payment of maternity benefits.

A somewhat simplified procedure looks like this:

Don't know your rights?

  • the employee gives the employer a sick leave for pregnancy and childbirth or writes an application for parental leave;
  • on the basis of these documents, the employer calculates the benefits expected to be paid;
  • the employer pays the allowance;
  • the employer submits to the FSS a report and other documents necessary to reimburse the funds spent on maternity benefits;
  • The FSS checks the report and documents and refunds the money.

Why the FSS can deny the employer reimbursement of maternity payments

But to think that the Social Security Fund simply gives money back to everyone is wrong. Documents submitted for refund are strictly checked. Therefore, not only a correctly issued sick leave is of great importance, but also a correctly calculated benefit calculation.

  • employee education inappropriate for the position;
  • disproportionately high salary for such a position;
  • introduction of a position into the staffing table before the arrival of an employee;
  • a significant increase in salary before going on maternity leave;
  • accrual of benefits for the period when the employee actually worked.

In addition, with a high degree of probability, we can say that the fund employees will be alerted by the desire to receive sick leave benefits for pregnancy and childbirth in the case when the employee is hired almost before leaving on maternity leave, especially if he did not work before or was at work a lot break. The practice is that in such situations, the money spent on maternity benefits is not returned to the employer.

What to do if the employer delays or does not pay maternity

However, there is a reverse situation, when the Fund accepts the employer's report, transfers him money for maternity payments, and the employer delays payments to maternity wives or does not pay at all. What to do in this case?

  1. The easiest way to get your money is to talk to your employer, appeal, if not to conscience, then to compliance with the law. At the same time, clarify whether there is an error in the number of the current account for transferring money or some other misunderstanding.
  2. If talking doesn't help, it's time to complain. To begin with, you should contact the Social Insurance Fund of the Russian Federation directly at the employer's location. The fund has ways of influencing unscrupulous employers. If the Foundation could not help, it is worth contacting the prosecutor's office with a statement. You can contact the prosecutor's office not only in person or in writing by mail, but also through the application form on the website on the Internet. You need to contact the prosecutor's office at the location of the organization. The address of the site you need can be found through the site of the General Prosecutor's Office of Russia at: http://genproc.gov.ru/structure (for more details see :. How to write a complaint to the prosecutor's office? Can I file a complaint online?).
  3. You can also go to court. After the court decides in favor of the employee, the bailiffs will deal with the collection of benefits. Practice shows that in this case, the money is immediately found, unless, of course, the employer is liquidated.

How to get maternity leave if the employer has closed

The most unpleasant situation that can happen to the maternity in terms of receiving payments is the unexpected closure of the organization where she worked before the decree. Who pays maternity - the state or the employer - in this case?

The legislator insured the workers in this case. In accordance with the current legislation, if the organization is liquidated, or the employer does not have enough funds in the account, or it is not possible to find an employer, then payments are made by the territorial body of the FSS.

In these cases, you need to contact the Social Insurance Fund of the Russian Federation at the location of the employer with all available documents confirming the right to receive maternity benefits.

Updated 02.27.

2019-10-12T17: 36: 53 + 03: 00

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Only the maximum and minimum amounts of compensation are changed annually in the calculation of maternity. At the same time, the basic algorithm and principles remain the same.

  • No. 81-FZ "On State Benefits to Citizens with Children";
  • Federal Law of December 29, 2006 No. 255-FZ "On the provision of benefits for temporary incapacity for work, pregnancy and childbirth of citizens subject to compulsory social insurance"

How to calculate maternity? This will help the calculator on the FSS website or others. We have described the algorithm for working with it step by step.

Unemployed and self-employed persons receive the minimum amount of care allowance.

According to the law, periods such as pregnancy and childbirth, as well as caring for a child up to one and a half years, are considered insurance for working women. Part of the income that a woman received in the form of a salary is lost at the birth of a child. The state partially compensates for their losses to mothers in the form of payments:

  • Lump-sum maternity allowance;
  • Monthly allowance for caring for a child up to one and a half years;
  • Monthly care allowance up to 3 years.

Governing laws

The rules for calculating benefits are regulated by Federal laws:

  • No. 81-FZ “On State Benefits to Citizens with Children”;
  • No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood”;
  • № 256-ФЗ "On additional measures of state support for families with children",

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

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

What are the payments for the child

After the birth of a baby, parents are entitled to the following types of financial support:

One-off benefits

  • In 2018, the size of a one-time charge for a baby was indexed by more than 2% and is 16,759 rubles, 9 kopecks.
  • The father or mother of a young citizen is entitled to receive such an allowance through the accounting department of the employing company or the USZN.
  • To do this, the parent applies for benefits no later than six months after the addition to the family.
  • There is no allowance for stillborn children.
  • If a family has two or more children at once, benefits are paid for each of them.

Monthly benefits

  • After the end of maternity leave, most mothers take leave to care for a child under 1.5 years old.
    Payments up to 1.5 years are due to both working mothers and non-working ones.
  • The amount of payments for workers is 40% of the average earnings, the higher it is, the greater the benefit. However, the maximum amount of payments cannot exceed the maximum established amount of insurance contributions to the FSS. This year the maximum amount is 24,536 rubles
  • For unemployed women, the amount of financial assistance will be minimal, it is 3975, 90 rubles for the first and 6284.56 rubles for the second baby, respectively.

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

Also, the state provides for maternity payments 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 social status of the mother.

Many mothers are concerned about the issue of labor leave, during and after maternity leave. For more information, see the article "Labor leave on maternity leave and after: specifics of calculation and payment."

After the end of the maternity leave, the mother will need to go to work and, if the baby is sick, take a sick leave. Read how the sick leave is paid after the decree.

Putin's payments

From January 1, 2018, new child benefits for the first child, for the second child, as well as mortgage benefits have appeared. In general terms, the information on them is as follows:

  1. Families in which the income for each family member does not exceed one and a half times the size can apply for them
    the 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 baby up to one and a half years.
  4. The amount of financial assistance is equivalent to the regional cost of living.
  5. The money for the first child is paid at the expense of the FSS, and for the second and subsequent children, parents can use the funds of maternity capital.

The role of the FSS in the transfer of funds

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

After that, all the amounts paid are compensated to the organization by the Social Insurance Fund (FSS).

It is possible to apply to the FSS directly to the applicant only in exceptional cases:

  • if the region of residence of the applicant is included in the pilot project of direct payments to the FSS;
  • 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 FSS.

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

The FSS transfers money within ten calendar days. The monthly payment is transferred to the account from the 1st to the 15th day of each month.

Whom do we pay maternity benefits to?

The following categories can count on benefits:

  • working,
  • unemployed (dismissed in connection with the liquidation of organizations within 12 months preceding the day they were declared unemployed),
  • full-time students,
  • undergoing military service under contract,
  • adopting a child and related to the above categories

Please note: if an employee is a part-time employee and has worked for the same employers in the previous two years, then both employers pay her maternity allowance in 2019.

The maternity allowance is paid at the place of work, service or other activity. For women dismissed in connection with the liquidation of an organization, the allowance is paid by the social security authorities at the place of residence (place of actual stay or actual residence).

Term of payment of maternity benefits

The maternity allowance is paid for the entire period of maternity leave: 140 calendar days (70 before 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 childbirth - 70 and 86 (part 1 of article 10 of Law No. 255-FZ).

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

Refresher courses for accountants and chief accountants on OSNO and STS. All the requirements of the professional standard "Accountant" were taken into account.

Sick leave payment for pregnancy and term of treatment

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

From the first calendar day, the benefit is paid from the budget of the Social Insurance Fund of the Russian Federation. The employer does not bear the costs of paying the benefits. The term of circulation is no later than 6 months from the date of the end of the maternity leave.

If maternity leave has not been issued, there are no grounds for paying benefits. The allowance is paid in the amount of 100%, regardless of the length of service.

Documents - the basis for calculating the pregnancy benefit

  • a certificate of incapacity for work of the established form (the issuance procedure was approved by Order of the MSZR of Russia dated June 29, 2011 No. 624n);
  • certificate (certificates) on the amount of earnings from which the allowance is to be calculated from other places or its copy (the form is approved by Order of the Ministry of Labor of Russia No. 182n dated April 30, 2013);
  • application for the appointment of 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 the end of maternity leave.

How maternity benefits are calculated

The amount of maternity benefits depends on the employee's salary for the full two years before delivery. For example, if a woman takes maternity or childcare leave in 2020, benefits are calculated in 2018 and 2019.

To determine the amount of benefits, the average daily wage of a woman for 2 years is calculated. For this, the total wages are divided by 730 (number of days).

For example, the average salary of an employee is 36,000 rubles. Her average daily earnings are:

36,000 × 24: 730 \u003d 1,183.56 rubles.

This calculation is standard. It should be borne in mind that:

  • the number of days in 2 years will be 730 in general cases, if one of the years taken into account is a leap year, the number of days will be 731, and, accordingly, 732 days if both years were leap years;
  • average earnings should not be less than the minimum;
  • if the employee has a total work experience of less than 6 months, the allowance is calculated from the established minimum wage;
  • in regions where wages are calculated using the regional coefficient, it is included in the minimum benefit.

Information about earnings for the past two years, for which insurance contributions to the FSS were charged, are accepted for calculations. If an employee has worked only 1 year, one and a half or a month out of two estimated years, it doesn't matter, all the days are taken into account anyway.

What payments are not included in the calculation of maternity:

  • periods of illness paid for on sick leave;
  • exemption from work due to the need to care for a disabled child, if paid;
  • sick leave period for pregnancy and childbirth;
  • parental leave, if it fell on the corresponding dates and other periods.

The procedure for calculating benefits for BiR

The specific amount of the BI allowance is determined by the number of days on vacation. This is usually 140 days, but there are exceptions:

Base Days before birth Days after Total days
Pregnancy and childbirth without complications 70 70 140
Multiple pregnancies (twins, triplets and more children) 84 110 194
Complicated childbirth 70 86 156
Adoption of a child up to 3 months - 70 from the day of his birth Individually
Adoption of 2 or more children - 110 Individually

The size of the maternity allowance is 100% of the average salary. The rule has been in effect since the beginning of 2011. Average daily earnings are multiplied by 140, 156 or 194 - the number of days indicated on the sick leave. For example, the average salary of an employee is 43 thousand rubles. She goes on vacation in anticipation of twins. The calculation of the allowance for her is as follows:

43,000 × 24: 730 × 194, or 1,032,000: 730 × 194 \u003d 274,257 rubles.

The amount received is the money that a woman receives on sick leave for pregnancy and childbirth with twins.

If a woman had no earnings for the 2 previous years preceding the BIR leave or it was lower than the minimum wage, then her average earnings for calculating the benefit is taken equal to the minimum wage established on the day of the vacation.

Calculation of care payments up to one and a half years

In most cases, the monthly childcare insurance benefit is 40% of the average monthly salary. Calculation formula: average earnings are multiplied by 30.4, which corresponds to the average number of days in months, then by a coefficient of 0.4 (this is 40%).

For example, a woman received an average of 25,000 rubles a month. We calculate the benefit according to the formula:

(25,000 × 24): 730 × 30.4 × 0.4, or 600,000: 730 × 30.4 × 0.4 \u003d 9994.52 rubles.

Exception: mothers in public service. All periods when a woman was sick are paid to her in the amount of 100%. They are fully included in the calculations. Moreover, their income is not subject to insurance premiums. The rule of law applies to women contracted employees and mothers and fathers who are employees:

  • penal system;
  • the police;
  • customs services.

Mothers who represent these services are paid the maximum guaranteed benefit. In 2018, it is 13,109 rubles. An increase in this amount by regional coefficients is taken into account.

If a woman worked for several employers that made insurance contributions, she can apply for benefits for several places of work. She will receive money in her hands for one of them.

Additional payments

In addition to the main sick leave payment, employees who go on maternity leave are entitled to additional payments:

  1. Lump sum payment.

It is fixed, is set taking into account the annual indexation and until February 1, 2017 is 15382 rubles 17 kopecks. A one-time payment is made only to one of the parents. To receive it, you must provide the employer with a child's birth certificate, an application from the parent claiming the payment and a certificate that the second parent has not received this payment and does not plan.

  1. Payment for early registration in a antenatal clinic.

12th week of pregnancy is the threshold to which you need to register in order to receive this payment. Until February 1, 2017, it is 576 rubles 83 kopecks and is paid simultaneously with the maternity allowance. To receive a one-time payment, an employee needs to provide the accounting department with the appropriate certificate from the antenatal clinic.

The main allowance and additional payments are also due if the woman, being pregnant after a period of 30 weeks, continues to work and her salary remains. However, as soon as maternity leave turns into parental leave, the monthly social allowance will be paid only if a woman is part-time or working at home (Article 256 of the Labor Code of the Russian Federation).

If the employee continues to work after 30 weeks and receives a salary, she still needs to be paid.

Minimum and maximum benefits

The minimum amount of maternity benefits is tied to the minimum wage.

The maximum amount of payments is calculated based on insurance premiums for previous years.

  • For 2018, the maximum size of the insurance base is 815,000 rubles;
  • 2017 - 755,000 rubles;
  • 2016 - 718,000 rubles;
  • 2015 - 670,000 rubles;
  • 2014 - 624,000 rubles.

In 2019, the size of the insurance base is 865,000 rubles.

Unless the woman has indicated otherwise, the insurance base for previous years is used. The maximum payments in 2019 are:

  • RUB 301,095.20 for 140 days of vacation;
  • RUB 335,506.08 in 156 days;
  • RUB 417,231.92 in 194 days.

The minimum amount of childcare allowance for a child under 1.5 years of age in 2019:

  • 4 512 rubles for the first child;
  • 6 554.89 rubles for the second and subsequent children.

The maximum allowance is 26,152.27 rubles.

If a woman is caring for two, three or more children at the same time who are under 1.5 years old, the benefits are summed up, but do not exceed 100% of the average earnings.

Maternity benefits are paid by the employer, but the woman receives full compensation from the FSS. In the regions where the pilot program "Direct payments" is in place - the FSS pays. The payment is not subject to personal income tax and insurance premiums.

Replacing the year when calculating maternity

Before the next pregnancy, a woman may already be on nursing leave. For the calculation of maternity benefits, she has the right to replace the previous 1 or 2 years with others, if this way an increase in benefits occurs. These cannot be two arbitrarily chosen years, but those that preceded the date of registration of the vacation.

Example: in 2018-2019, an employee was on parental leave to care for her second child. In 2020, she takes leave in connection with pregnancy and childbirth. The previous 2018 and 2019 can only be replaced by 2016 and 2017, if, during the calculations, the woman wins in the amount of payments and stated this in writing.

Online calculator

The employee takes out maternity leave. Sick leave starts on April 10, 2019, ends on August 27, 2019. 2017 and 2016 are taken into account at the request of the mother. Not accepted 2 periods due to illness in the amount of 27 days in 2 years minus 17,500 rubles. Average daily earnings per day generated over a period of 703 days. The monthly earnings in 2017 amounted to 35,000 rubles, in 2016 - 37,000. The regional coefficient of 20% is taken into account. There were no part-time employment, the insurance experience was more than six months.

How to calculate the amount for pregnancy and childbirth:

On the "Initial data" tab, select the type of vacation, enter the time intervals, indicate the estimated years:

  • Specify exclusion periods, if any:

  • Go to the "Pivot Table" tab. Indicate monthly income by year:

  • Note whether income is subject to regional coefficients and their size, indicate information about part-time employment, length of service, if any. The calculator will calculate the number of days in 2 years, the insurance base, and on their basis - the daily income:

  • Go to the "Totals" tab. The calculator will indicate the amount:

The calculation of the amount of the childcare allowance will follow the same scheme, only in the "Initial data" tab you need to select the type of leave and indicate whether it will be the second or the first child.

With the help of such a calculator, an employee can independently determine the amount of payments due to her.

An example of calculating maternity for the first child

The employee announced the start of the BBR vacation in January 2019. Rest starts on January 25, ends on June 13. The estimated years are 2018 and 2017, there are 28 sick days. Earnings for 2017 - 760 thousand rubles. (limit base 755,000 rubles), for 2018 - 830 thousand rubles. (the limit base is 815,000 rubles) Both bases exceed the established maximum, which means that limit norms are used for calculations:

(755,000 + 815,000) / (730 - 28) \u003d 2,236.46 rubles.

The vacation is normal, 140 days. The amount of maternity leave will be:

2236.46 × 140 \u003d 313,104 rubles.

This figure is higher than the maximum maternity pay in 2019, so the employee will receive the maximum allowable payment of RUB 301,095.20.

Example with replacing the billing period

A woman goes on vacation with her second child in 2020 on February 10. Until this date, the woman took care of the first child, wants to replace the estimated years for 2016 and 2015. Days due to illness - 12. Income for 2015 - 515 thousand rubles, (maximum - 670 thousand rubles) for 2016 - 580 thousand rubles. (limit - 718,000 rubles).

Both amounts are less than the marginal bases and are used for calculations. Average daily earnings will be:

(515,000 + 580,000) / (730 - 12) \u003d 1,525.06 rubles.

Benefit amount per month:

1,525.06 × 30.4 × 0.4 \u003d 18,544.84 rubles.

Calculation of benefits based on the minimum wage

If:

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

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

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

If the insured person works on a part-time basis (part-time working week, part-time working day) as of the date of the insured event, the average earnings, on the basis of which the benefits are calculated, in these cases, is determined in proportion to the working time of the insured person. Also, if the calculation is based on the minimum wage, you should still apply the regional coefficient.

The allowance is calculated from the minimum wage even if this is the woman's first job and she goes on maternity leave without having worked six months.

In all cases, the monthly childcare allowance cannot be less than the minimum monthly childcare allowance established by the Federal Law "On State Benefits to Citizens with Children" dated 05.19.95, No. 81-FZ.

In the article How and when the allowance for pregnancy and childbirth is calculated from the minimum wage, you will find examples of calculating the allowance.

Benefit up to 3 years

The maternity allowance for a child between the ages of 1.5 and 3 is only 50 rubles per month. In fact, this is not an allowance, but a compensation to an employee for the fact that she does not work. As you can see, the amount is insignificant and many simply do not issue it. More than once the government raised the issue of increasing it, but so far the state does not have budget funds for this.

In addition, from 2020, low-income families will receive Putin's allowance for up to three years in the amount of the child's subsistence level in the region of residence of the family.

Features of filling out sick leave on maternity leave

As with ordinary ballots, the accountant fills out his part in the form for the decree. Note that the line "Insurance experience" must be filled in, although the corresponding indicator does not affect the amount of payment.

That is, there is no percentage scale, as with temporary disability, does not exist. It is necessary to indicate how many years and months the employee has worked, since there is a special procedure for a case with an insurance experience of less than six months.

Therefore, this line alone will immediately make it clear that the case is a special one. Let us recall that with an experience of up to six months, the accrued maternity allowance cannot exceed the minimum wage, taking into account the regional coefficients for the full calendar month (clause 3 of article 11 of the Law of December 29, 2006 No. 255-FZ).

The maternity allowance is fully reimbursed by the FSS of Russia. Therefore, indicate the entire payment amount in the line "At the expense of the Social Insurance Fund of the Russian Federation". Fill out the calculation in free form on a separate sheet of paper (in the form of a certificate) and attach it to the sick leave (clause 67 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). It is logical to date this calculation with the same date when the decree order was issued. Or a slightly later date.

Required documents

For appointment and payment, the insured person presents:

  • Disability certificate issued by a medical organization.
  • Certificate of the amount of earnings from which the benefit should be calculated from the place of work.
  • In cases where the insured person at the time of the occurrence of the insured event works for several policyholders and funds are assigned and paid to him by the policyholder at one of the last places of work at the choice of the insured person, then a certificate from the place of work from another policyholder is also provided that the appointment and payment this benefit is not provided by this policyholder.
  • The employee's application for the provision of maternity leave, and the payment of the corresponding material aid.

When a child is adopted by both spouses, the allowance is issued to the spouse who has been granted leave in connection with the adoption of the child. In this case, a certificate is provided from the place of work of the other parent who adopted the child, stating that he / she does not use the vacation or the spouse is not on maternity leave and he / she has not been given an allowance.

Additional questions

How seniority affects the amount

The main document on which everything will be guided will be the sick leave. He officially confirms the employee's disability and its reason. Only medical organizations can issue such conclusions after the patients' request. It turns out that the accountant will take the date from the document as the end point. And it will calculate the experience accumulated by the employee before that time.

It is important to accumulate the minimum six months, otherwise, when calculating the benefit, not the average salary will be used, but the minimum wage. If you have worked for a year, then the standard formula is used. If the work experience is less than 2 years, but more than the minimum six months, 100 benefits are also required.

Another situation is that a pregnant woman suddenly changes jobs. For example, she quit her job due to layoffs or other reasons. For some time she was unemployed, because looking for a place. Then I got a job. When you change jobs, the new employer must calculate the allowance and pay it. he has the right to request certificates from the former boss in order to find out data on the income of a new employee for the past 2017-2018 years (if everything happened in the current 2019.) A woman is not obliged to notify her superiors about her delicate situation immediately. If you do not want to change the current working conditions. Until the day of registration of their maternity leave.

Are maternity benefits paid to the unemployed and students

According to the provisions of the current legislation, the following categories of unemployed are entitled to count on pregnancy benefits and timely registration:

  1. Women who lost their jobs in the last 12 months before they were officially recognized as unemployed:
    • their organization was liquidated;
    • an individual ceased activity - the individual entrepreneur was closed;
    • the private notary has lost his authority;
    • other individuals stopped working related to obtaining state registration.
  2. Female students - female students attending various educational organizations (universities, secondary specialized educational institutions, scientific institutions or educational and production special complexes). The amount of maternity payments is calculated taking into account the size of the scholarship at the places of study.
  • lump-sum payment after childbirth - 16,759.09 rubles fixed;
  • for care - 3142.33 rubles (first child), 6284.65 (second child and others).

The money is transferred by social protection, where the citizen must send an application, supplementing it with a package of necessary documents.

In what cases money is not credited

FSS authorities always control the mechanism for transferring maternity. To what extent employers fulfill their obligations, whether the recipient of funds meets all the criteria. According to FZ-255, employees enter into insurance contracts for cases of deterioration in health or motherhood. Every month, employers transfer part of the salary of subordinates and deduct the amount of the benefit. If it exceeds the amount of contributions made, then the FSS will compensate the difference.

In the same place, FZ-255 says about the right of the FSS to check the validity and other criteria of the process of paying subsidies to mothers:

  • carry out field checks;
  • request information and various documents as necessary.

After that, a decision is made whether to reimburse the employers. The FSS may not pay compensation for the transfer of maternity benefits if:

  • lack of any supporting documents;
  • violations in paperwork;
  • when insurance situations are created artificially;
  • the director has committed unfair acts;
  • other violations.

The article lists all the reasons following which the FSS has the right to make decisions.

The main ones are:

  1. Employment - when the expectant mother specially got a job in the company, knowing that she was late. After working for several days - a couple of months, then he draws up a decree. Moreover, the citizen should be paid 100% of the amount of the allowance. But the amount of insurance contributions made from her salary is significantly lower than the established amount of maternity. Therefore, many business owners rarely agree to accept pregnant job seekers or new mothers. However, according to the law, they cannot be denied without reason, Article 64 in the Labor Code of the Russian Federation and Article 145 in the Criminal Code of the Russian Federation are violated. The courts will support the employer if the FSS employees do not prove:

the woman had no work experience to get a job;

  • the applicant received a position that does not correspond to her knowledge and qualifications;
  • in fact had no responsibilities.

Another controversial point is that a woman becomes the founder of an LLC. She alone, it turns out, there is no employment contract, as well as insurance premiums. The court will support the employee, because such activity is possible in accordance with article 16 of the Labor Code of the Russian Federation.

  1. The position of the person before the decree was changed. FSS can consider such situations as fraud:
  • before the decree, the employee was suddenly promoted, giving her a higher salary;
  • the expectant mother receives a salary 2-3 times higher than her colleagues in similar positions;
  • received a job that does not correspond to the level of her qualifications, education and experience;
  • an individual staff unit was created for a pregnant employee.

The calculation takes into account the salary received by a person for the last 2 years of work. Therefore, a sudden increase in salary when planning maternity leave will seem suspicious to insurers.

  1. Part-time salary - according to Article 256 of the Labor Code of the Russian Federation, women are allowed to work with easier conditions. When she has a part-time job or a remote job. Moreover, the right to benefits and monthly salary remains. The Labor Code of the Russian Federation does not have instructions for shortening weekdays. Sometimes the boss would visit his institution, stay there for 5 minutes, and then leave. Later, as a result of the efforts of the FSS, a separate Resolution of the AU of the Ural District No. F09-2710 / 17 was issued, according to which it is possible to reduce the working day by a couple of hours.
  2. The sick leave was ruined. The employee handed over the sick leave to the accounting department, where there are flaws. The name of the medical institution is illegible, and the accountants correct everything on their own. They unknowingly spoil the document, and it loses its relevance. The employer has the right to correct the data of the sheet only in its section, where the name of the institution is indicated. Not in the medical unit. You can hand over a sheet with doctors' mistakes, but not with blots.
  3. Part-time job. A clear regulation is specified in FZ-255, it applies to women who perform combined activities. If she has worked equally intensively for two years in both institutions, then she has the right to independently choose where the maternity will be credited. The income received by the citizen from the specified organization, not from two, will be taken into account.
  4. At the same time, vacation pay + benefits are listed. According to action 122 of article in the Labor Code of the Russian Federation, a citizen has the right to take paid leave for herself before maternity leave. Or later. You can't take both at the same time. It turns out that receiving two payments is considered illegal. An employee can interrupt her maternity leave, show up for work, write a statement there, where she indicates her desire to take a vacation. Then her actions will be lawful.

The actions of the employer and the employee himself are always checked by the FSS. After all, the accrual of compensation is based on social contributions.

What you need to do to receive an individual entrepreneur

An individual entrepreneur can count on the accrual of benefits in case of payment of insurance premiums for the last calendar year before the onset of maternity leave (MA). The amount of the allowance is determined depending on the size of the minimum wage.

In order for maternity payments to be made, individual entrepreneurs must provide:

  • an application by an individual entrepreneur to the FSS of the Russian Federation with a request to appoint an allowance for BI;
  • sick leave.

If the individual entrepreneur works simultaneously under an employment contract, while paying contributions to the FSS for two years, he will receive pregnancy benefits both at the FSS department and from the employer who has entered into this contract with him.

What to do if the employer delays or does not pay maternity

However, there is a reverse situation, when the Fund accepts the employer's report, transfers him money for maternity payments, and the employer delays payments to maternity wives or does not pay at all. What to do in this case?

  1. The easiest way to get your money is to talk to your employer, appeal, if not to conscience, then to compliance with the law. At the same time, clarify if there is an error in the number of the current account for transferring money or some other misunderstanding.
  2. If talking doesn't help, it's time to complain. To begin with, you should contact the Social Insurance Fund of the Russian Federation directly at the employer's location. The fund has ways of influencing unscrupulous employers. If the Foundation could not help, it is worth contacting the prosecutor's office with a statement. You can contact the prosecutor's office not only in person or in writing by mail, but also through the application form on the website on the Internet. You need to contact the prosecutor's office at the location of the organization. The address of the website you need can be found through the website of the Prosecutor General's Office of Russia at: http://genproc.gov.ru/structure (for more details see: How to write a complaint to the prosecutor's office? Can I file a complaint online?).
  3. You can also go to court. After the court decides in favor of the employee, the bailiffs will deal with the collection of benefits. Practice shows that in this case, the money is immediately found, unless, of course, the employer is liquidated.

How to get maternity leave if the employer has closed

The most unpleasant situation that can happen to the maternity in terms of receiving payments is the unexpected closure of the organization where she worked before the decree. Who pays maternity - the state or the employer - in this case?

The legislator insured the workers in this case. In accordance with the current legislation, if the organization is liquidated, or the employer does not have enough funds in the account, or it is not possible to find an employer, then payments are made by the territorial body of the FSS.

In these cases, you need to contact the Social Insurance Fund of the Russian Federation at the location of the employer with all available documents confirming the right to receive maternity benefits.

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23.08.2019

Modern families are increasingly trying not to take a long break between the birth of children.

Waiting for a baby is a wonderful time, but a mother may have questions and concerns about her position at work and material support.

How to issue a new decree without leaving the first, will maternity benefits be paid, will the previous leave affect the amount of payments with the second?

What if I get pregnant on maternity leave?

If the maternity leave, while on parental leave for one child, becomes pregnant, then she can issue a new decree with another child. For workers, maternity leave is provided from 30 weeks, for the unemployed, only care is allowed up to 1.5 or 3 years.

Important! That is, a woman has the right to go from one decree immediately to the second, without leaving the first one with the payment of all the required amounts, examples for 2019 are given below.

From a legal point of view, the decree is a multi-stage period in the life of a mother.

It is usually divided into 3 stages:

  • Care from 1.5 to 3 years.

The first stage can be different, depending on the course of pregnancy, the number of children born and the region of residence.

  • 140 days with a normal pregnancy;
  • 156 days for multiple pregnancies;
  • 194 days if complications occur during delivery;
  • 70 days if a child is adopted and 110 days if multiple children are adopted.

What are the payments for the second child at work?

The list of payments that a woman is entitled to upon leaving maternity leave depends on whether she has an official job.

The employed will receive more money and benefits than the unemployed.

The amount of payments will depend on the actual earnings of the employed, unemployed benefits are paid at the minimum amount.

How will the second sick leave paid to workers?

For the implementation of any maternity payments, Federal Law No. 255 has been developed. It describes all the algorithms for special cases of calculating sick leave.

The list of payments when leaving a decree to a decree of a working woman for 2019:

  • - 100% of average earnings, but not less than 51,919 rubles. and no more than 301,095.20 rubles;
  • for registration at an early stage of pregnancy (up to 12 weeks) - from February 1, 655.49 rubles;
  • one-time payment for the birth of a baby, the standard size on February 1 is 17,479.73 rubles
  • for the second baby up to 1.5 years old - 40% of the average earnings, but not less than 6,554.89 rubles. and no more than 26,152.27 rubles;
  • maternity capital for the second child - 512,000 rubles;
  • - the amount is fixed and does not depend on earnings or region of residence and is 50 rubles.

If a multiplying coefficient is provided in the region, then the payments are increased by the size of the regional coefficient established in the region of residence.

When moving from one decree to another, without going to work, the maternity allowance will be calculated from the average earnings for which the first birth allowance was calculated.

Being on maternity leave with one child and receiving a monthly payment for it up to 1.5 years, a woman may lose it when she takes maternity leave with the second. At the same time, two benefits are not paid, so a woman needs to choose what she wants to receive - sick pay with her second baby or paying for the first one.

Usually, the choice falls on the first option, since the sick leave is 100%, and only 40% for nursing.

How not to lose maternity care for your first baby?

Moving from decree to decree, it is allowed to go for a trick.

You can take leave to care for the first baby for any officially employed family member.

At the same time, a relative can continue to work by writing an application for the transition to part-time work.

Such a person can be an adult older child, or a grandfather, uncle or aunt.

In this case, the amount of the benefit will change, it will be equal to 40% of the earnings of the person to whom the re-registration will take place.

At the same time, a pregnant mother calmly takes out sick leave for pregnancy and subsequent childbirth and receives maternity benefits.

At the end of the maternity leave, the woman who gave birth will be able to take care of the second child and receive a monthly payment for it. As for the first baby, you can leave caring for him to a relative or re-register to his mother.

Important! A woman can be on leave with two children and receive a care allowance for both.

What will the unemployed get?

If a woman does not have a job, she will not be paid maternity benefits when she transfers from one decree to another.

If at the same time she is a student-student, then her payment upon leaving the hospital will be fixed. Currently, it is calculated based on the amount of 9489 rubles, it is in this amount that the minimum wage for 2019 is set.

The first payments that can qualify for a new pregnancy will begin after the birth of the baby:

  • one-time at birth - from February 1, 2019 17,479.73 rubles;
  • monthly payment for the care of a second child under 1.5 years of age in the minimum amount of 6,554.89 rubles;
  • maternal capital;
  • allowance from 1.5 to 3 years in the amount of 50 rubles.

Calculation of maternity allowance

Key points that employers use to calculate maternity benefits:

  1. For the calculation, income for the previous 2 years is taken.
  2. A woman has the right to submit an application to replace the time period for calculating benefits.
  3. The calculation does not take into account the periods of maternity orders with the first child and sick leaves.

The general calculation formula looks like this:

Benefit \u003d Income for 2 years / (731 - Excluded days) * 140

As a general rule, income is taken into account for the last calendar years, but during this period the woman does not work and is on maternity leave with the first.

What can a woman who goes on a regular maternity leave to do without going to work from the first:

  1. The decree refers to excluded days, so such days can be subtracted from the total number of days in the billing period.
  2. The presence of maternity leaves in the billing period allows you to spend on earlier ones.

Important! The employee can choose any of these options, which will be more beneficial for her in material terms.

If the woman was not on maternity leave for the entire billing period, then excluding days from the calculation may be more beneficial than replacing years. If both accounting years fell on maternity leave, then a mandatory replacement is carried out, since there is no actual earnings.

An explanation of these points is given in the examples below.

Examples for 2019

Example 1 without changing years

The woman has been on leave to care for her first baby since June 1, 2018, 2017 fully worked.

The beginning of the second decree falls on 2019.

In 2016, 450,000 were earned, in 2017 - 600,000, in the period from January to May 2018, 650,000 were earned.

Payment:

Estimated years - 2017 and 2018. In 2018 there was a decree with the first child, so it can be replaced if it is beneficial for the pregnant woman. To understand whether it is necessary to change the year, you should calculate the amount of sick leave for pregnancy and childbirth in two ways:

  1. By income 2017 and 2018: Benefit \u003d (600,000 + 200,000) / (731 - 214 days of decree) * 140 \u003d 216634.
  2. By income in 2016 and 2017 when replacing: Benefit \u003d (450,000 + 600,000) / 731 \u003d 201094.

As you can see from the calculation, when you change the billing period, the amount of sick leave payment turns out to be less, so you do not need to write an application for changing the years. It is better to calculate maternity payments according to the amounts actually received in recent years.

Example 2 with period replacement

In 2019, he leaves the first decree on sick leave for the second pregnancy.

Earnings for 2015 - 540,000, for 2016 - 580,000, for the period from January to August 2017 - 200,000.

Payment:

Maternity leave falls immediately for 2 years - partly 2017 and the whole of 2018. Since there was no earnings in 2018, it is better to replace it with 2016 (preceding the first decree). Do I need to change 2017 to 2015?

  1. Income allowance 2016 and 2017 \u003d (580,000 + 200,000) / (731 - 122) * 140 \u003d 179,310.
  2. Income Benefit 2015 and 2016 \u003d (540,000 + 580,000) / 730 * 140 \u003d 214,794.

With the change of years, the amount of sick leave payment turned out to be larger, so the pregnant woman needs to write a statement to work to change the period for calculations.

It is important for employers to understand how maternity pay is paid. The calculation process and compliance with the requirements specified in the legislation is the basis of 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 should understand what their benefits are and where to get them. During pregnancy and subsequent care of the newborn, additional material support will not be superfluous, and knowledge of your rights will save you from dishonest employers.

Maternity: what is it?

Very often, the word "maternity" means completely different concepts. In this article, it is used to refer to maternity leave. In most cases, the word "decree" is used to refer to the period of motherhood (from the birth of a child to the age of three). For women “in position”, the law provides for two types of payments: maternity allowance (hereinafter referred to as the BR allowance) and the childcare allowance (hereinafter referred to as the SD allowance). They correspond to the types of recreation, which are enshrined in Articles 255 and 256 of the Labor Code (hereinafter in the article - the Code). Understanding the essence of these payments will make it easier to navigate the calculations.

Who is eligible for benefits under the law?

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 - FZ No. 81) and No. 255-FZ of December 29, 2006 (hereinafter - FZ No. 255), as well as in the Code. In accordance with them, the following categories of citizens can apply for the BR allowance:

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

In addition to maternity payments, which are issued to pregnant women at a time, there is also the possibility of material support in the period until the child is one and a half years old. In this case, the law expands the circle of persons who can apply for funds. The following persons are entitled to receive benefits for SD:

  • citizens of the Russian Federation, including those who live on the territory of other countries in connection with their official duties (with the preliminary agreement of the parties about the fact of payments),
  • foreigners, refugees and stateless persons, provided that they permanently reside in the country,
  • stateless persons or foreigners who are temporarily in the territory of the Russian Federation, subject to compulsory insurance.

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

What determines the amount of due payments?

The amount of maternity leave depends on two factors - the length 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 basic rest periods that a pregnant woman can take. The minimum number of days is 140 (if one child is expected, the process is without complications), the maximum is 194 (multiple pregnancies 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 the 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 have changed. With a vacation that lasts 140 days, the maximum amount of maternity leave is now at around 228,603.2 rubles, and the average daily wage is 1,632.88 rubles. is equal to 27,455.34 rubles, the average daily earnings - 196.11 rubles.

The size 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 should be noted that the amount of 50 rubles is paid every month until the age of three and is also compensation (paid by employers or social protection). Non-working family members, students, and laid-off workers can receive benefits from the welfare department. Its size is:

  • 2 718 rubles - for the first child,
  • 5 437 rubles - for each next one,
  • 10,873 rubles - the maximum payment in case there are several children under the age of one and a half.

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

The procedure for paying benefits to a woman who does not work

For a woman who does not work, the law also guarantees an allowance in the amount of 14497.80 rubles (at a time at birth). Women are eligible to receive a monthly allowance (the amount depends on the region) if they fulfill the following conditions:

  • are trained on a full-time basis at a higher, vocational or secondary technical educational institution,
  • are registered with the SZ (Employment Service) as persons who have lost their jobs due to the reduction or liquidation of the company, the termination of the IP.

The process of applying for a benefit for this category of women begins with an appeal to the place of registration or study with a request for the provision of the due payments. Among the documents required for submission:

  • 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

UR leave is included in the general and continuous work experience, as well as in the experience in the specialty. The exception is cases when the old-age insurance pension is assigned earlier than the established time (early appointment). BR leave should also be included in the seniority. Confirmation of the information provided can be found in article 256 of the Code.

The length of service - the duration of a woman's work under an employment contract - affects the amount of payment, but not the fact of providing funds. A pregnant woman must receive the material support she is entitled to. Employees whose work experience is less than six months, according to the law, receive an allowance for the BR in the amount of no more than the minimum wage established for 2015 (5,965 rubles - it was introduced from January 1, 2015). In this case, the sum should also take into account the regional coefficients (the minimum wage is used taking them into account, part 3 of article 11 and part 6 of article 7 of the 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 the pregnant woman was employed in several places of work (in addition to the main job there was a combination), then payments (allowance for BR) are calculated for her in each organization. Thus, a woman can receive an amount that exceeds the maximum established threshold. This is not prohibited by law. The BR allowance is issued at a time and in full on the next payday (it is prohibited to divide the amount by month).

Since 2015, an important condition for receiving an SD allowance is its registration before the child reaches the age of two. In this case, the due funds will be paid for the entire period. The simultaneous receipt of unemployment benefits and SD is not allowed. You must choose one of them. In the event of the coincidence of the periods of leave for the BR and for the SD, the woman must decide what kind of benefit she will receive (only one is permissible).

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 for the SD can be received after the completion of the BR vacation. The term for processing documents by the employer or the social protection department is 10 days. After that, the money must be transferred on the set date for the salary to be issued. Social security pays benefits through the bank (to the account, only cashless payments) or the Russian post office (transfer). An SD manual 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 allowance for March will be paid in April along with the salary for March).

Can a husband get maternity? In a situation where a woman does not work and her husband is in charge of providing for the family, the law also provides for certain payments. Maternity are not included in their number for objective reasons. The BR benefit is paid only to insured women who perform work under an employment contract. At the same time, a father can receive an SD benefit on a monthly basis.

About the rules for obtaining 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 the retention of their posts and material support. Employers or the government are required to pay benefits to female 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 payments are paid is important for both female employees and employers. Comprehensive information will allow the manager to settle all issues regarding benefits and temporary replacement of a pregnant woman in a short time. Women will be able to understand the basic principles of going on vacation, receiving payments and further interaction with the employer.

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